1102 
‘‘PART BB—ACCESS TO OPEN EDUCATIONAL 
RESOURCES 
‘‘SEC. 899. AFFORDABLE COLLEGE TEXTBOOKS. 
‘‘(a) GRANT PROGRAM.— 
‘‘(1) 
GRANTS
AUTHORIZED.—From 
the 
amounts appropriated under paragraph (8), the Sec-
retary shall make grants, on a competitive basis, to 
eligible entities to support projects that expand the 
use of high-quality open textbooks in order to 
achieve savings for students while improving instruc-
tion and student learning outcomes. 
‘‘(2) APPLICATIONS.— 
‘‘(A) IN
GENERAL.—Each eligible entity 
desiring a grant under this subsection, after 
consultation with relevant faculty, shall submit 
an application to the Secretary at such time, in 
such manner, and containing such information 
as the Secretary may reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a description of the proposed 
project to be completed with grant funds; 
‘‘(ii) a plan for promoting and track-
ing the use of open textbooks in postsec-
ondary courses offered by the eligible enti-
ty, including an estimate of the projected 
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savings that will be achieved for students 
through the use of such textbooks; 
‘‘(iii) a description of how the eligible 
entity will evaluate whether existing open 
educational resources could be used or 
adapted into open educational resources 
before creating new open educational re-
sources; 
‘‘(iv) a plan for quality review (includ-
ing peer review), review of accuracy, and 
review of accessibility of any open edu-
cational resources created or adapted 
through the grant; 
‘‘(v) a plan for assessing the impact of 
open textbooks on instruction and student 
learning outcomes at the eligible entity; 
‘‘(vi) a plan for disseminating infor-
mation about the results of the project to 
institutions of higher education outside of 
the eligible entity, including promoting the 
adoption of any open textbooks created or 
adapted through the grant; 
‘‘(vii) a statement on consultation 
with relevant faculty, including those en-
gaged in the creation of open educational 
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resources, in the development of the appli-
cation; and 
‘‘(viii) an assurance that open edu-
cational resources utilized, developed, or 
researched will be available in accessible 
formats, which may include braille, audio 
books, closed captioning, and audio de-
scriptions. 
‘‘(3) SPECIAL
CONSIDERATION.—In awarding 
grants under this section, the Secretary shall give 
special consideration to applications that dem-
onstrate the greatest potential to— 
‘‘(A) achieve the highest level of savings 
for students through sustainable expanded use 
of high-quality open textbooks in postsecondary 
courses offered by the eligible entity; 
‘‘(B) achieve improvements in student 
learning and student outcomes; 
‘‘(C) expand the use of open textbooks at 
institutions of higher education outside of the 
eligible entity; and 
‘‘(D) produce— 
‘‘(i) the highest quality and most ac-
cessible open textbooks; 
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‘‘(ii) open textbooks that can be most 
easily utilized and adapted by faculty 
members at institutions of higher edu-
cation; 
‘‘(iii) open textbooks that correspond 
to the highest enrollment courses at insti-
tutions of higher education; 
‘‘(iv) open textbooks created or adapt-
ed in partnership with entities, including 
campus bookstores, that will assist in mar-
keting and distribution of the open text-
book; and 
‘‘(v) open textbooks that conform to 
accessibility standards under section 508 
of the Rehabilitation Act of 1973 (29 
U.S.C. 794d). 
‘‘(4) USE OF FUNDS.— 
‘‘(A) MANDATORY USES OF FUNDS.—An 
eligible entity that receives a grant under this 
section shall use the grant funds to carry out 
the following activities to expand the use of 
open textbooks: 
‘‘(i) Professional development for any 
faculty and staff members at institutions 
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of higher education, including the search 
for and review of open textbooks. 
‘‘(ii) Creation or adaptation of high- 
quality open educational resources that 
conform to accessibility standards under 
section 508 of the Rehabilitation Act of 
1973 (29 U.S.C. 794d), especially open 
textbooks, and the quality assurance of 
such open educational resources. 
‘‘(iii) Development or improvement of 
tools and informational resources that sup-
port the use of open textbooks, including 
improving accessible instructional materials 
for students with disabilities that conform 
to accessibility standards under section 
508 of the Rehabilitation Act of 1973 (29 
U.S.C. 794d). 
‘‘(iv) Research evaluating the efficacy 
of the use of open textbooks for achieving 
savings for students and the impact on in-
struction and student learning outcomes. 
‘‘(B) DISCRETIONARY USE OF FUNDS.—An 
eligible entity that receives a grant under this 
section may use grant funds to purchase or 
maintain electronic equipment necessary for the 
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operation or use of digital open educational re-
sources, including mobile computer devices and 
accompanying hardware, software applications, 
computer systems and platforms, and other dig-
ital and online services and support. 
‘‘(5) OPEN LICENSING REQUIREMENT.— 
‘‘(A) COPYRIGHT.—An eligible entity re-
ceiving a grant under this section may, with 
prior approval from the Secretary, assert a 
copyright in a copyrightable work first produced 
under the grant. 
‘‘(B) OPEN LICENSE REQUIREMENT.— 
‘‘(i) REQUIREMENT.—With respect to 
each copyrightable work first produced 
under the grant, except as provided in 
clause (ii), an eligible entity that asserts a 
copyright under subparagraph (A) shall 
provide to the public a non-exclusive, roy-
alty-free, perpetual, irrevocable, worldwide 
license to carry out each exclusive right 
provided to that eligible entity under sec-
tion 106 of title 17, United States Code. 
‘‘(ii) EXCEPTION.—With respect to a 
copyrightable work first produced under 
the grant that employs preexisting mate-
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rial, the requirement described under such 
subparagraph shall apply to such work to 
the extent that— 
‘‘(I) no copyright subsists in such 
preexisting material; or 
‘‘(II) the eligible entity is author-
ized to license such material in the 
manner described under such sub-
paragraph. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this subsection may be construed as affecting 
the application of the requirements of chapter 
18 of title 35, United States Code (commonly 
known as the ‘Bayh-Dole Act’). 
‘‘(D) COPYRIGHTABLE WORK DEFINED.— 
In this subsection, the term ‘copyrightable 
work’ means a work subject to protection under 
title 17, United States Code, but does not in-
clude a work that may be patentable or other-
wise protectable under title 35, United States 
Code. 
‘‘(6) ACCESS AND DISTRIBUTION.—The full and 
complete digital content of each educational resource 
created or adapted under paragraph (5) shall be 
made available free of charge to the public— 
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‘‘(A) on an easily accessible and interoper-
able website, which shall be identified to the 
Secretary by the eligible entity; 
‘‘(B) in a machine readable, digital format 
that anyone can directly download, edit with at-
tribution, and redistribute; and 
‘‘(C) in a fully accessible format in compli-
ance with the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.) and section 
508 of the Rehabilitation Act of 1973 (29 
U.S.C. 794d). 
‘‘(7) REPORT.—Upon an eligible entity’s com-
pletion of a project for which the eligible entity re-
ceived a grant under this section, the eligible entity 
shall prepare and submit a report to the Secretary 
regarding— 
‘‘(A) the effectiveness of the project in ex-
panding the use of high-quality open textbooks 
and in achieving savings for students; 
‘‘(B) the impact of the project on expand-
ing the use of open textbooks at institutions of 
higher education outside of the eligible entity; 
‘‘(C) educational resources created or 
adapted under the grant, including instructions 
on where the public can access each educational 
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resource under the terms of paragraphs (5) and 
(6); 
‘‘(D) information about the quality review 
process that was used to ensure quality and ac-
curacy; 
‘‘(E) the impact of the project on instruc-
tion and student learning outcomes; and 
‘‘(F) all project costs, including the value 
of any volunteer labor and institutional capital 
used for the project. 
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this section $5,000,000 for fiscal year 2021 and 
each of the 5 succeeding fiscal years. 
‘‘(b) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of College Affordability Act, 
the Secretary shall prepare and submit a report to author-
izing committees detailing— 
‘‘(1) the high-quality open textbooks created or 
adapted under this section; 
‘‘(2) the adoption of such open textbooks; 
‘‘(3) the savings generated for students, States, 
territories, and the Federal Government through the 
use of open textbooks; and 
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‘‘(4) the impact of open textbooks on instruc-
tion and student learning outcomes. 
‘‘(c) GAO REPORT.—Not later than 3 years after the 
date of enactment of College Affordability Act, the Comp-
troller General of the United States shall prepare and sub-
mit a report to the authorizing committees on the cost 
of textbooks to students at institutions of higher edu-
cation. The report shall include— 
‘‘(1) the change of the cost of textbooks be-
tween the date of the enactment of the College Af-
fordability Act and the date of such report; 
‘‘(2) the factors that have contributed to such 
change in the cost of textbooks, including the impact 
of open textbooks on the cost; 
‘‘(3) the extent to which open textbooks are 
used at institutions of higher education compared to 
the use of open textbooks before the date of the en-
actment of this subsection; 
‘‘(4) how institutions are tracking the impact of 
open textbooks on instruction and student learning 
outcomes; 
‘‘(5) the availability of accessible forms of open 
textbooks and the barriers faced by students with 
disabilities in accessing accessible forms of open edu-
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cational resources compared to the barriers faced in 
accessing traditional educational materials; and 
‘‘(6) the barriers faced by other student popu-
lations, including low-income students, in accessing 
high-quality open educational resources compared to 
the barriers faced in accessing traditional edu-
cational materials. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) EDUCATIONAL
RESOURCE.—The term 
‘educational resource’ means a print or digital edu-
cational material that can be used in postsecondary 
instruction, including textbooks and other written or 
audiovisual works. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an institution of higher education or a 
consortia of such institutions of higher education. 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(4) OPEN
EDUCATIONAL
RESOURCE.—The 
term ‘open educational resource’ means a print or 
digital educational resource that either resides in the 
public domain or has been released under an intel-
lectual property license that permits its free use, 
reuse, modification, and sharing with others. 
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‘‘(5) OPEN TEXTBOOK.—The term ‘open text-
book’ means an open educational resource or set of 
open educational resources that either is a textbook 
or can be used in place of a textbook for a postsec-
ondary course at an institution of higher education. 
‘‘(6) RELEVANT FACULTY.—The term ‘relevant 
faculty’ means both tenure track and contingent fac-
ulty members who may be involved in the creation 
of open educational resources or the use of open 
educational resources created as part of the grant 
application.’’. 
SEC. 8012. REPEALS. 
Title VIII of the Higher Education Act of 1965 (20 
U.S.C. 1161a et seq.), as amended by this title, is further 
amended by repealing the following: 
(1) Section 801 (20 U.S.C. 1161a). 
(2) Section 803 (20 U.S.C. 1161c). 
(3) Section 804 (20 U.S.C. 1161d). 
(4) Section 805 (20 U.S.C. 1161e). 
(5) Section 808 (20 U.S.C. 1161h). 
(6) Section 818 (20 U.S.C. 1161i–7). 
(7) Section 820 (20 U.S.C. 1161k). 
(8) Section 824 (20 U.S.C. 1161l–3) 
(9) Section 830 (20 U.S.C. 1161m). 
(10) Section 835 (20 U.S.C. 1161n–4). 
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(11) Section 841 (20 U.S.C. 1161o). 
(12) Section 851 (20 U.S.C. 1161p). 
(13) Section 871 (20 U.S.C. 1161r). 
(14) Section 893 (20 U.S.C. 1161x). 
(15) Section 894 (20 U.S.C. 1161y). 
(16) Section 895 (20 U.S.C. 1161z). 
TITLE IX—DIRECTIVES TO THE 
SECRETARY OF EDUCATION 
SEC. 9001. PROVIDING THAT THE SECRETARY OF EDU-
CATION MAY NOT ISSUE OR ENFORCE CER-
TAIN RULES THAT WEAKEN THE ENFORCE-
MENT OF THE PROHIBITION OF SEX DIS-
CRIMINATION APPLICABLE UNDER TITLE IX 
OF THE EDUCATION AMENDMENTS OF 1972. 
The Secretary of Education may not— 
(1) take any action to implement, enforce, or 
otherwise give effect to the proposed amendments to 
regulations relating to the enforcement of title IX of 
the Education Amendments of 1972, published on 
November 29, 2018, under the heading ‘‘Non-
discrimination on the Basis of Sex in Education 
Programs or Activities Receiving Federal Financial 
Assistance’’ (83 Fed. Reg. 61462); or 
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1115 
(2) propose or issue any rule or guidance that 
is similar in substance or effect to any of such pro-
posed amendments. 
SEC. 9002. STUDY AND REPORT ON SINGLE CERTIFICATION 
FORM. 
(a) STUDY.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Education 
shall conduct a study on the feasibility of developing a sin-
gle certification form that borrowers may use to electroni-
cally submit information with respect to— 
(1) TEACH Grants under subpart 9 of part A 
of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070g et seq.); 
(2) loan forgiveness under section 428J of the 
Higher Education Act of 1965 (20 U.S.C. 1078– 
10); 
(3) loan cancellation under section 460 of the 
Higher Education Act of 1965 (20 U.S.C. 1087j); 
and 
(4) public service loan forgiveness under section 
455(m) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(m)). 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Education 
shall submit a report to Congress that includes— 
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(1) the results of the study required under sub-
section (a); and 
(2) recommendations with respect to using a 
single certification form that borrowers may use to 
electronically submit information with respect to the 
programs specified in paragraphs (1) through (4) of 
such subsection. 
SEC. 9003. LONGITUDINAL STUDY ON THE EFFECTIVENESS 
OF STUDENT LOAN COUNSELING. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Education, 
acting through the Director of the Institute of Education 
Sciences, shall begin conducting a rigorous, longitudinal 
study of the impact and effectiveness of the student loan 
counseling— 
(1) provided under subsections (b), (l), and (n) 
of section 485 of the Higher Education Act of 1965 
(20 U.S.C. 1092), as amended by this Act; and 
(2) provided through such other means as the 
Secretary of Education may determine. 
(b) CONTENTS.— 
(1) BORROWER
INFORMATION.—The longitu-
dinal study carried out under subsection (a) shall in-
clude borrower information, in the aggregate and 
disaggregated by race, ethnicity, gender, income, 
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status as an individual with a disability, and status 
as a first generation college student (defined in sec-
tion 402A(h)(3)), on— 
(A) student persistence; 
(B) degree attainment; 
(C) program completion; 
(D) successful entry into student loan re-
payment; 
(E) cumulative borrowing levels; and 
(F) such other factors as the Secretary of 
Education may determine. 
(2) EXCEPTION.—The disaggregation under 
paragraph (1) shall not be required in a case in 
which the number of borrowers in a category is in-
sufficient to yield statistically reliable information or 
the results would reveal personally identifiable infor-
mation about an individual borrower. 
(c) INTERIM REPORTS.—Not later than 18 months 
after the commencement of the study under subsection 
(a), and annually thereafter, the Secretary of Education 
shall evaluate the progress of the study and report any 
short-term findings to the appropriate committees of Con-
gress. 
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SEC. 9004. STUDY AND PROCEDURES ON DETERMINING 
FAMILY SIZE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Education 
shall— 
(1) conduct, in consultation with the Secretary 
of the Treasury, a study which meets the specifica-
tions described in subsection (b), on the effect of 
using data from the Internal Revenue Service on the 
deduction for personal exemptions provided by sec-
tion 151 of the Internal Revenue Code of 1986 for 
a proxy for family size in an income-driven repay-
ment plan, and publish such study in the Federal 
Register; 
(2) use the results of the study conducted under 
paragraph (1) to develop procedures for determining 
family size for the automatic recertification of in-
come for an income-driven repayment plan in a man-
ner that minimizes burdens and unintended harm to 
borrowers; 
(3) publish the procedures developed under 
paragraph (2) in the Federal Register; and 
(4) after a notice and comment period on such 
procedures, use such comments to finalize the proce-
dures. 
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1119 
(b) SPECIFICATIONS.—The study conducted under 
subsection (a)(1) shall— 
(1) determine how closely such personal exemp-
tions match the family size that borrowers report on 
their income-driven repayment plan request form; 
(2) compare the borrower’s actual monthly pay-
ment amount with the monthly payment amount 
borrowers would have using family size information 
derived from tax returns; and 
(3) use data from more than one year, where 
possible, to analyze how much family size changes 
over time. 
(c) DEFINITION.—The term ‘‘the income-driven re-
payment plan’’ means a plan described in subparagraph 
(D) or (E) of section 455(d)(1) of the Higher Education 
Act of 1965 (20 U.S.C. 1087e(d)(1)) and the income- 
based repayment plan under section 493C(f) of such Act 
(20 U.S.C. 1098e(f)), as added by section 4627 of this 
Act. 
SEC. 9005. UNIVERSAL UNIQUE NUMERIC DATA IDENTI-
FIER. 
(a) ASSIGNMENT OF UNIQUE NUMERIC IDENTIFIER 
REQUIRED.—Not later than 18 months after the date of 
the enactment of this Act, the Secretary of Education 
shall assign a unique numeric identifier to at least each 
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campus of each institution of higher education that par-
ticipates in a program under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.) to be used 
for reporting and disaggregating data for the purposes of 
the following: 
(1) Surveys conducted as a part of the Inte-
grated 
Postsecondary 
Education 
Data 
System 
(IPEDS) or any other Federal postsecondary insti-
tution data collection effort, as completed in accord-
ance with section 487(a)(17) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1094(a)(17)). 
(2) Reports required to be filed under section 
485(f) of the Higher Education Act of 1965 (20 
U.S.C. 1092(f)). 
(3) The electronic exchange of data under sec-
tion 485B of the Higher Education Act of 1965 (20 
U.S.C. 1092b). 
(4) Determinations under section 496 of the 
Higher Education Act of 1965 (20 U.S.C. 1099b). 
(5) Reports filed on the College Scorecard 
website of the Department of Education (or any suc-
cessor website). 
(6) Reports filed on the College Navigator 
website (as defined in section 132 of the Higher 
Education Act of 1965 (20 U.S.C. 1015a)). 
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(7) Data submitted to the postsecondary stu-
dent data system established under section 132(l) of 
the Higher Education Act of 1965 (20 U.S.C. 
1015a(l)), as added by this Act. 
(8) To the extent determined to be appropriate 
by the Secretary, any other data systems of the De-
partment of Education that include information on 
institutions of higher education. 
(b) CONSIDERATIONS.—In carrying out subsection 
(a), the Secretary of Education shall— 
(1) consider the ability to use the unique nu-
meric identifier assigned under such subsection to— 
(A) disaggregate institutions of higher edu-
cation by corporate ownership; 
(B) identify an institution of higher edu-
cation with more than one campus; and 
(C) in the case of institutions of higher 
education described in subparagraph (B), dis-
tinguish between a campus with a specific loca-
tion and a distance education program; 
(2) account for interactions of the unique nu-
meric identifier with requirements under title IV of 
the Higher Education Act (20 U.S.C. 1070 et seq.), 
including by preventing institutional attempts to 
evade such requirements by changing the unique nu-
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meric identifiers associated with the campuses of the 
institution; 
(3) to the extent practicable, minimize the pa-
perwork burden on institutions of higher education; 
(4) create and make public a crosswalk indi-
cating changes in the unique numeric identifiers as-
signed by the Secretary to each campus under sub-
section (a) and the numeric identifiers used by the 
Department of Education prior to the date on which 
the Secretary assigns each campus a unique numeric 
identifier; and 
(5) annually create and make public an updated 
crosswalk indicating changes in unique numeric 
identifiers assigned to campuses, including changes 
that result from the establishment of new locations, 
the closing of campuses, and changes in ownership 
and affiliation. 
SEC. 9006. QUESTIONS ON FOOD AND HOUSING INSECURITY 
IN NATIONAL POSTSECONDARY STUDENT AID 
STUDY. 
For purposes of each National Postsecondary Stu-
dent Aid Study conducted after the date of enactment of 
this Act, the Secretary of Education shall include ques-
tions that measure rates of food and housing insecurity 
in the National Postsecondary Student Aid Study. 
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1123 
SEC. 9007. DISAGGREGATION OF DATA USING RACIAL 
GROUPS. 
(a) STUDY REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
Education shall carry out a study on the feasability of 
disaggregating data reported under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.) to the Secretary 
using the racial groups identified by the American Com-
munity Survey of the Bureau of the Census. 
(b) ELEMENTS.—The study required by subsection 
(a) shall, with respect to the data described such sub-
section— 
(1) survey each method by which such data re-
ported to the Secretary is disaggregated by race; 
(2) survey each method by which the Secretary 
disaggregates such data by race; and 
(3) in the case of such data that are reported 
to the Secretary and are not disaggregated by race 
using the racial groups identified by the American 
Community Survey of the Bureau of the Census, the 
feasibility of dissagregating such data using such ra-
cial groups. 
(c) BEST PRACTICES.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
Education shall issue best practices with respect to 
dissagregating data reported to the Secretary using the 
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racial groups identified by the American Community Sur-
vey of the Bureau of the Census. 
SEC. 9008. ACCESSIBLE INSTRUCTIONAL MATERIALS AND 
TECHNOLOGY. 
(a) ESTABLISHMENT OF COMMISSION.—The Speaker 
of the House of Representatives, the President pro tem-
pore of the Senate, and the Secretary of Education shall 
establish an independent commission, comprised of key 
stakeholders, to develop guidelines for accessible postsec-
ondary electronic instructional materials and related tech-
nologies in order— 
(1) to ensure students with disabilities are af-
forded the same educational benefits provided to stu-
dents without disabilities through the use of elec-
tronic instructional materials and related tech-
nologies; 
(2) to improve the selection and use of such 
materials and technologies at institutions of higher 
education; and 
(3) to encourage entities that produce such ma-
terials and technologies to make accessible versions 
more readily available in the market. 
(b) REVIEW.—In carrying out subsection (a), the 
commission shall— 
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(1) review applicable information technology ac-
cessibility standards; and 
(2) compile and annotate such accessibility 
standards as an additional information resource for 
institutions of higher education and companies that 
service the higher education market. 
(c) MEMBERSHIP.— 
(1) STAKEHOLDER GROUPS.—The commission 
shall be composed of representatives from the fol-
lowing categories: 
(A) Communities of persons with disabil-
ities for whom the accessibility of postsecondary 
electronic instructional materials and related 
technologies is a significant factor in ensuring 
equal participation in higher education, and 
nonprofit organizations that provide accessible 
electronic materials to these communities. 
(B) Higher education leadership, including 
institution of higher education presidents, pro-
vosts, deans, vice presidents or deans of librar-
ies, chief information officers, and other senior 
institutional executives. 
(C) Developers of postsecondary electronic 
instructional materials and manufacturers of 
related technologies. 
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1126 
(2) APPOINTMENT OF MEMBERS.—The commis-
sion members shall be appointed as follows: 
(A) Six members, two from each category 
described in paragraph (1), shall be appointed 
by the Speaker of the House of Representatives, 
three of whom shall be appointed on the rec-
ommendation of the majority leader of the 
House of Representatives and three of whom 
shall be appointed on the recommendation of 
the minority leader of the House of Representa-
tives, with the Speaker ensuring that 1 devel-
oper of postsecondary electronic instructional 
materials and 1 manufacturer of related tech-
nologies are appointed. The Speaker shall also 
appoint 2 additional members, 1 student with a 
disability and 1 faculty member from an insti-
tution of higher education. 
(B) Six members, two from each category 
described in paragraph (1), shall be appointed 
by the President pro tempore of the Senate, 
three of whom shall be appointed on the rec-
ommendation of the majority leader of the Sen-
ate and three of whom shall be appointed on 
the recommendation of the minority leader of 
the Senate, with the President pro tempore en-
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suring that 1 developer of postsecondary elec-
tronic instructional materials and 1 manufac-
turer of related technologies are appointed. The 
President pro tempore shall also appoint 2 ad-
ditional members, 1 student with a disability 
and 1 faculty member from an institution of 
higher education. 
(C) 3 members, each of whom must pos-
sess extensive, demonstrated technical expertise 
in the development and implementation of ac-
cessible postsecondary electronic instructional 
materials, shall be appointed by the Secretary 
of Education. One of these members shall rep-
resent postsecondary students with disabilities, 
one shall represent higher education leadership, 
and one shall represent developers of postsec-
ondary electronic instructional materials. 
(3) ELIGIBILITY TO SERVE AS A MEMBER.— 
Federal employees are ineligible for appointment to 
the commission. An appointee to a volunteer or advi-
sory position with a Federal agency or related advi-
sory body may be appointed to the commission so 
long as his or her primary employment is with a 
non-Federal entity and he or she is not otherwise 
engaged in financially compensated work on behalf 
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1128 
of the Federal Government, exclusive of any stand-
ard expense reimbursement or grant-funded activi-
ties. 
(d) AUTHORITY AND ADMINISTRATION.— 
(1) AUTHORITY.—The commission’s execution 
of its duties shall be independent of the Secretary of 
Education, the Attorney General, and the head of 
any other agency or department of the Federal Gov-
ernment with regulatory or standard setting author-
ity in the areas addressed by the commission. 
(2) ADMINISTRATION.— 
(A) STAFFING.—There shall be no perma-
nent staffing for the commission. 
(B) LEADERSHIP.—Commission members 
shall elect a chairperson from among the ap-
pointees to the commission. 
(C) 
ADMINISTRATIVE
SUPPORT.—The 
Commission shall be provided administrative 
support, as needed, by the Secretary of Edu-
cation through the Office of Postsecondary 
Education of the Department of Education. 
(e) DUTIES.— 
(1) GUIDELINES.—Not later than 18 months 
after the date of enactment of this Act, subject to 
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1129 
a 6-month extension that it may exercise at its dis-
cretion, the commission shall— 
(A) develop and issue guidelines for acces-
sible postsecondary electronic instructional ma-
terials, and related technologies; and 
(B) in developing the guidelines, the com-
mission shall— 
(i) establish a technical panel pursu-
ant to paragraph (4) to support the com-
mission in developing the guidelines; 
(ii) develop criteria for determining 
which materials and technologies constitute 
postsecondary electronic instructional ma-
terials and related technologies; 
(iii) identify existing national and 
international accessibility standards that 
are relevant to student use of postsec-
ondary electronic instructional materials 
and related technologies at institutions of 
higher education; 
(iv) identify and address any unique 
pedagogical and accessibility requirements 
of postsecondary electronic instructional 
materials and related technologies that are 
not addressed, or not adequately ad-
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dressed, by the identified, relevant existing 
accessibility standards; 
(v) identify those aspects of accessi-
bility, and types of postsecondary instruc-
tional materials and related technologies, 
for which the commission cannot produce 
guidelines or which cannot be addressed by 
existing accessibility standards due to— 
(I) inherent limitations of com-
mercially available technologies; or 
(II) the challenges posed by a 
specific category of disability that cov-
ers a wide spectrum of impairments 
and capabilities which makes it dif-
ficult to assess the benefits from par-
ticular guidelines on a categorical 
basis; 
(vi) ensure that the guidelines are 
consistent with the requirements of section 
504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) and titles II and III of the 
Americans with Disabilities Act (42 U.S.C. 
12131 et seq.; 42 U.S.C. 12181 et seq.); 
(vii) ensure that the guidelines are 
consistent, to the extent feasible and ap-
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propriate, with the technical and functional 
performance criteria included in the na-
tional and international accessibility stand-
ards identified by the commission as rel-
evant to student use of postsecondary elec-
tronic instructional materials and related 
technologies; 
(viii) allow for the use of an alter-
native design or technology that results in 
substantially equivalent or greater accessi-
bility and usability by individuals with dis-
abilities than would be provided by compli-
ance with the guidelines; and 
(ix) provide that where electronic in-
structional materials, or related tech-
nologies, that comply fully with the guide-
lines are not commercially available, or 
where such compliance is not technically 
feasible, the institution may select the 
product that best meets the guidelines con-
sistent with the institution’s business and 
pedagogical needs. 
(2) ANNOTATED LIST OF INFORMATION TECH-
NOLOGY
STANDARDS.—Not later than 18 months 
after the date of the enactment of this Act, subject 
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1132 
to a 6-month extension that it may exercise at its 
discretion, the commission established in section 2 
shall, with the assistance of the technical panel es-
tablished under paragraph (4), develop and issue an 
annotated list of information technology standards. 
(3) APPROVAL.—Issuance of the guidelines and 
annotated list of information technology standards 
shall require approval of at least 75 percent of the 
members of the commission. 
(4) TECHNICAL
PANEL.—Not later than 1 
month after first meeting, the Commission shall ap-
point and convene a panel of 12 technical experts, 
each of whom shall have extensive, demonstrated 
technical experience in developing, researching, or 
implementing accessible postsecondary electronic in-
structional materials, or related technologies. The 
commission has discretion to determine a process for 
nominating, vetting, and confirming a panel of ex-
perts that fairly represents the stakeholder commu-
nities on the commission. The technical panel shall 
include a representative from the United States Ac-
cess Board. 
(f) REVIEW OF GUIDELINES.—Not later than 5 years 
after issuance of the guidelines and annotated list of infor-
mation technology standards described in subsections (a) 
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1133 
and (b), and every 5 years thereafter, the Secretary of 
Education shall publish a notice in the Federal Register 
requesting public comment about whether there is a need 
to reconstitute the commission to update the guidelines 
and annotated list of information technology standards to 
reflect technological advances, changes in postsecondary 
electronic instructional materials and related technologies, 
or updated national and international accessibility stand-
ards. The Secretary shall then submit a report and rec-
ommendation to Congress regarding whether the Commis-
sion should be reconstituted. 
(g) RULE OF APPLICATION.— 
(1) NONCONFORMING
POSTSECONDARY
ELEC-
TRONIC
INSTRUCTIONAL
MATERIALS
OR
RELATED 
TECHNOLOGIES.—Nothing in this section shall be 
construed to require an institution of higher edu-
cation to require, provide, or both recommend and 
provide, postsecondary electronic instructional mate-
rials or related technologies that conform to the 
guidelines. However, an institution that selects or 
uses nonconforming postsecondary electronic instruc-
tional materials or related technologies must other-
wise comply with existing obligations under section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794) and titles II and III of the Americans with 
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Disabilities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 
12181 et seq.) to provide access to the educational 
benefit afforded by such materials and technologies 
through provision of appropriate and reasonable 
modification, accommodation, and auxiliary aids or 
services. 
(2) RELATIONSHIP
TO
EXISTING
LAWS
AND 
REGULATIONS.—With respect to the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 
and the Rehabilitation Act of 1973 (29 U.S.C. 701 
et seq.), nothing in this Act may be construed— 
(A) to authorize or require conduct prohib-
ited under the Americans with Disabilities Act 
of 1990 and the Rehabilitation Act of 1973, in-
cluding the regulations issued pursuant to those 
laws; 
(B) to expand, limit, or alter the remedies 
or defenses under the Americans with Disabil-
ities Act of 1990 and the Rehabilitation Act of 
1973; 
(C) to supersede, restrict, or limit the ap-
plication of the Americans with Disabilities Act 
of 1990 and the Rehabilitation Act of 1973; or 
(D) to limit the authority of Federal agen-
cies to issue regulations pursuant to the Ameri-
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1135 
cans with Disabilities Act of 1990 and the Re-
habilitation Act of 1973. 
(h) DEFINITIONS.—In this section: 
(1) ANNOTATED LIST OF INFORMATION TECH-
NOLOGY STANDARDS.—The term ‘‘annotated list of 
information technology standards’’ means a list of 
existing national and international accessibility 
standards relevant to student use of postsecondary 
electronic instructional materials and related tech-
nologies, and to other types of information tech-
nology common to institutions of higher education, 
such as institutional websites or registration sys-
tems, annotated by the commission established pur-
suant to this section. The annotated list of informa-
tion technology standards is intended to serve solely 
as a reference tool to inform any consideration of 
the relevance of such standards in higher education 
contexts. 
(2) POSTSECONDARY
ELECTRONIC
INSTRUC-
TIONAL MATERIALS.—The term ‘‘postsecondary elec-
tronic instructional materials’’ means digital cur-
ricular content that is required, provided, or both 
recommended and provided by an institution of high-
er education for use in a postsecondary instructional 
program. 
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1136 
(3) RELATED TECHNOLOGIES.—The term ‘‘re-
lated technologies’’ refers to any software, applica-
tions, learning management or content management 
systems, and hardware that an institution of higher 
education requires, provides, or both recommends 
and provides for student access to and use of post-
secondary electronic instructional materials in a 
postsecondary instructional program. 
(4) TECHNICAL PANEL.—The term ‘‘technical 
panel’’ means a group of experts with extensive, 
demonstrated technical experience in the develop-
ment and implementation of accessibility features for 
postsecondary electronic instructional materials and 
related technologies, established by the Commission 
pursuant to subsection (e)(4), which will assist the 
commission in the development of the guidelines and 
annotated list of information technology standards 
authorized under this section. 
TITLE X—AMENDMENTS TO 
OTHER LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
SEC. 10001. COMPOSITION OF BOARD OF TRUSTEES. 
Section 103(a)(1) of the Education of the Deaf Act 
of 1986 (20 U.S.C. 4303(a)(1)) is amended— 
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1137 
(1) by striking ‘‘twenty-one’’ and inserting 
‘‘twenty-three’’; 
(2) in subparagraph (A)— 
(A) by striking ‘‘three’’ and inserting 
‘‘four’’; and 
(B) in clause (i)— 
(i) by striking ‘‘one’’ and inserting 
‘‘two’’; and 
(ii) by striking ‘‘Senator’’ and insert-
ing ‘‘Senators’’; and 
(3) in subparagraph (B), by striking ‘‘eighteen’’ 
and inserting ‘‘nineteen’’. 
SEC. 10002. ADMINISTRATIVE REQUIREMENTS OF LAURENT 
CLERC NATIONAL DEAF EDUCATION CENTER. 
Section 104(b)(5) of the Education of the Deaf Act 
of 1986 (20 U.S.C. 4304(b)(5)) is amended to read as 
follows: 
‘‘(5) The University, for purposes of the ele-
mentary and secondary education programs carried 
out by the Clerc Center, shall— 
‘‘(A)(i)(I) provide an assurance to the Sec-
retary that the University has adopted and is 
implementing challenging State academic stand-
ards that meet the requirements of section 
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1138 
1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(1)); 
‘‘(II) demonstrate to the Secretary that the 
University is implementing a set of high-quality 
student academic assessments in mathematics, 
reading or language arts, and science, and any 
other subjects chosen by the University, that 
meet the requirements of section 1111(b)(2) of 
such Act (20 U.S.C. 6311(b)(2)); and 
‘‘(III) demonstrate to the Secretary that 
the University is implementing an account-
ability system consistent with section 1111(c) of 
such Act (20 U.S.C. 6311(c)); or 
‘‘(ii)(I) select the challenging State aca-
demic standards and State academic assess-
ments of a State, adopted and implemented, as 
appropriate, pursuant to paragraphs (1) and 
(2) of section 1111(b) of such Act (20 U.S.C. 
6311(b)); and 
‘‘(II) adopt the accountability system, con-
sistent with section 1111(c) of such Act (20 
U.S.C. 6311(c)), of such State; and 
‘‘(B) publicly report, except in a case in 
which such reporting would not yield statis-
tically reliable information or would reveal per-
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sonally identifiable information about an indi-
vidual student— 
‘‘(i) the results of the academic as-
sessments implemented under subpara-
graph (A); and 
‘‘(ii) the results of the annual evalua-
tion of the programs at the Clerc Center, 
as determined using the accountability sys-
tem adopted under subparagraph (A).’’. 
SEC. 10003. FEDERAL ENDOWMENT PROGRAMS FOR GAL-
LAUDET UNIVERSITY AND THE NATIONAL 
TECHNICAL INSTITUTE FOR THE DEAF. 
Section 207 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4357) is amended— 
(1) in subsection (e), by striking ‘‘(and its non- 
Federal match)’’; and 
(2) in subsection (g)(1), by striking ‘‘amounts 
contributed to the fund from non-Federal sources, 
and’’ and inserting ‘‘and the related’’. 
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1140 
PART B—TRIBALLY CONTROLLED COLLEGES 
AND UNIVERSITIES ASSISTANCE ACT OF 1978 
SEC. 10101. TRIBALLY CONTROLLED COLLEGES AND UNI-
VERSITIES ASSISTANCE ACT OF 1978. 
(a) DEFINITIONS.—Section 2 of the Tribally Con-
trolled Colleges and Universities Assistance Act of 1978 
(25 U.S.C. 1801) is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘or has 
been formally’’ and inserting ‘‘and has been for-
mally’’; 
(B) in paragraph (7), by adding ‘‘and’’ at 
the end; 
(C) in paragraph (8), by striking ‘‘; and’’ 
and inserting a period; and 
(D) by striking paragraph (9); and 
(2) in subsection (b)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) Such number shall be calculated based on 
the number of Indian students who are enrolled— 
‘‘(A) at the conclusion of the third week of 
each academic term; or 
‘‘(B) on the fifth day of a shortened pro-
gram beginning after the conclusion of the third 
full week of an academic term.’’; 
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1141 
(B) in paragraph (3), by striking ‘‘for pur-
poses of obtaining’’ and inserting ‘‘solely for the 
purpose of obtaining’’; 
(C) in paragraph (4)— 
(i) By striking ‘‘students’’ and insert-
ing ‘‘individuals 16 years of age or older’’; 
and 
(ii) by striking ‘‘credit hours.’’ and in-
serting ‘‘credit hours, except that the pro-
visions of paragraphs (1) and (3) shall not 
apply to any determination under this 
paragraph.’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘hour’’ after 
‘‘credit’’; 
(II) by striking ‘‘in the case of an 
institution on a quarter system, or 15 
contact hours in the case of an insti-
tution on a semester system,’’; and 
(III) by striking ‘‘and’’ at the 
end; 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); and 
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(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) shall be determined as one academic 
credit hour for every three continuing education 
program credits earned in the case of an insti-
tution on a semester system (which may be ad-
justed by the Secretary, if necessary, for insti-
tutions using academic periods other than se-
mesters, such as trimesters or quarters); and’’; 
and 
(E) by inserting after paragraph (5), the 
following: 
‘‘(6) Enrollment data from the prior-prior aca-
demic year shall be used.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—The Tribally Controlled Col-
leges 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: 
‘‘AUTHORIZATION OF APPROPRIATIONS 
‘‘SEC. 3. (a)(1) There are authorized to be appro-
priated 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. 
‘‘(2) Funds appropriated pursuant to the authoriza-
tion under paragraph (1) shall be transferred by the Sec-
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1143 
retary of the Treasury through the most expeditious meth-
od available, with each of the tribally controlled colleges 
or universities being designated as its own certifying agen-
cy. 
‘‘(b) 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 au-
thorized to remain available until expended. 
‘‘(c) 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. 
‘‘(d)(1) 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 Sep-
tember 30 of the succeeding fiscal year. 
‘‘(2) 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).’’. 
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(2) CONFORMING AMENDMENTS.— 
(A) Section 110 of the Tribally Controlled 
Colleges and Universities Assistance Act of 
1978 (25 U.S.C. 1810) is repealed. 
(B) 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)’’. 
(C) Section 306 of the Tribally Controlled 
Colleges and Universities Assistance Act of 
1978 (25 U.S.C. 1836) is repealed. 
(D) 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)’’ 
(E) Section 403 of the Tribally Controlled 
Colleges and Universities Assistance Act of 
1978 (25 U.S.C. 1852) is repealed. 
(F) Section 502 of the Tribally Controlled 
Colleges and Universities Assistance Act of 
1978 (25 U.S.C. 1862) is amended— 
(i) in subsection (a), by striking ‘‘Sub-
ject to the availability of appropriations, 
for fiscal year 2009 and each fiscal year 
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1145 
thereafter,’’ and inserting ‘‘From the 
amount made available under section 3(c) 
for each fiscal year,’’; and 
(ii) in subsection (d)(1), by striking 
‘‘For fiscal year 2009 and each fiscal year 
thereafter, of amounts made available pur-
suant to section 504,’’ and inserting 
‘‘From the amount made available under 
section 3(c) for each fiscal year,’’. 
(G) Section 504 of the Tribally Controlled 
Colleges and Universities Assistance Act of 
1978 (25 U.S.C. 1864) is repealed. 
(c) ANNUAL REPORT ON EMERGING TRIBAL COL-
LEGES.—Section 104 of the Tribally Controlled Colleges 
and Universities Assistance Act of 1978 (25 U.S.C. 
1804a) is amended to read as follows: 
‘‘ANNUAL REPORT ON EMERGING TRIBAL COLLEGES 
‘‘SEC. 104. Not later than December 31 of each year, 
the Secretary shall submit a report to the Senate Com-
mittee on Indian Affairs, the Senate Committee on 
Health, Education, Labor and Pensions, the House Com-
mittee on Natural Resources, the House Committee on 
Education and Labor, the Senate Appropriations Sub-
committee on the Interior, and the House Appropriations 
Subcommittee on the Interior on developing and emerging 
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tribally controlled colleges or universities. Such report 
shall include information on— 
‘‘(1) inquiries received by the Secretary from 
federally recognized Indian Tribes and tribal organi-
zations regarding the process for establishing a trib-
ally controlled college or university; 
‘‘(2) the status of ongoing efforts to establish 
tribally controlled colleges or universities; 
‘‘(3) the geographic location, current and pro-
jected size, and anticipated application time frame of 
each reported institution; and 
‘‘(4) such other data as the Secretary may 
deem relevant.’’. 
(d) ELIGIBILITY STUDIES.—Section 106 of the Trib-
ally Controlled Colleges and Universities Assistance Act 
of 1978 (25 U.S.C. 1806) is amended— 
(1) in subsection (b), by striking ‘‘for the fiscal 
year succeeding’’ and inserting ‘‘for the second fiscal 
year succeeding’’; and 
(2) in subsection (c), by striking ‘‘drawn from’’ 
and all that follows through the period at the end 
and inserting ‘‘drawn from the general administra-
tive appropriations to the Secretary.’’ 
(e) GRANTS TO TRIBALLY CONTROLLED COLLEGES 
OR UNIVERSITIES.—Section 107 of the Tribally Con-
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trolled Colleges and Universities Assistance Act of 1978 
(25 U.S.C. 1807) is amended— 
(1) in subsection (c), by striking ‘‘given to insti-
tutions’’ 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 re-
ceived payments under this title in fiscal year 
2019.’’; and 
(2) in subsection (d), by inserting ‘‘higher edu-
cation’’ after ‘‘national Indian’’ both places it ap-
pears. 
(f) AMOUNT OF GRANTS.—Section 108 of the Trib-
ally Controlled Colleges and Universities Assistance Act 
of 1978 (25 U.S.C. 1808) is amended— 
(1) by striking subsection (a)(2) and inserting 
the following: 
‘‘(2) EXCEPTIONS.— 
‘‘(A) If the sum appropriated for any fiscal 
year for payments under this section is not suf-
ficient to pay in full the total amount that ap-
proved 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 
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1148 
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 In-
dian student count for the current program 
year, plus an amount equal to the actual cost 
of any increase to the per capita figure result-
ing from inflationary increases to necessary 
costs beyond the institution’s control. 
‘‘(B) The amount of a grant under para-
graph (1) shall not exceed an amount equal to 
the total cost of the education program pro-
vided by the applicable tribally controlled col-
lege or university.’’; and 
(2) in subsection (b)(1)— 
(A) 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 
(B) by striking ‘‘January 1’’ and inserting 
‘‘September 30’’. 
(g) REPORT ON FACILITIES.—Section 112 of the 
Tribally Controlled Colleges and Universities Assistance 
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1149 
Act of 1978 (25 U.S.C. 1812) is amended to read as fol-
lows: 
‘‘REPORT ON FACILITIES 
‘‘SEC. 112. (a) 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 col-
lege or university facilities. 
‘‘(b) The study required in subsection (a) may be con-
ducted directly by the Secretary or by contract. 
‘‘(c) 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, Edu-
cation, Labor and Pensions, the House Committee on Nat-
ural 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.’’. 
(h) MODIFICATION OF FACILITIES PROGRAM.—Sec-
tion 113 of the Tribally Controlled Colleges and Univer-
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1150 
sities Assistance Act of 1978 (25 U.S.C. 1813) is amend-
ed— 
(1) in subsection (a), by striking ‘‘of the Ad-
ministrator of General Services under section 112(a) 
of this Act’’ and inserting ‘‘under section 112(c)’’; 
(2) in subsection (b), by striking ‘‘a tribally 
controlled college or university—’’ and all that fol-
lows 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)).’’; 
(3) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; and 
(4) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) Activities eligible for a grant under this section 
shall be activities that address a wide variety of facilities 
and infrastructure needs including— 
‘‘(1) building of new facilities; 
‘‘(2) renovating or expanding existing or ac-
quired facilities; 
‘‘(3) providing new and existing facilities with 
equipment and infrastructure, including laboratory 
equipment, computer infrastructure and equipment, 
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1151 
broadband infrastructure and equipment, library 
books, and furniture; and 
‘‘(4) property acquisition.’’. 
(i) CONFORMING AMENDMENT
FOR
THE NAVAJO 
TRIBE.—Section 114(a) of the Tribally Controlled Col-
leges 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 Nav-
ajo’’. 
(j) RULES AND REGULATIONS.—Section 115 of the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978 (25 U.S.C. 1815) is repealed. 
(k) ENDOWMENT GRANTS.—Section 302 of the Trib-
ally Controlled Colleges and Universities Assistance Act 
of 1978 (25 U.S.C. 1832) is amended by adding at the 
end the following: 
‘‘(c) 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 gen-
erated 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. 
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