H. R. 4137—361 
‘‘(2) provide a variety of academic programs, with various 
completion requirements, to accommodate the diverse academic 
backgrounds, learning styles, and academic and career interests 
of the eligible individuals who participate in the education 
program; 
‘‘(3) offer flexible academic programs that are designed 
to improve the academic development and achievement of 
eligible individuals, and to avoid high attrition rates for such 
individuals; and 
‘‘(4) provide for a uniquely designed education plan for 
each eligible individual participating in the program, which 
shall require such individual to receive, at a minimum, a certifi-
cate or degree described in subparagraph (A) or (B) of sub-
section (b)(1) to successfully complete such program. 
‘‘(e) REPORTS.—Each community college awarded a grant under 
this part shall submit to the Secretary a report— 
‘‘(1) documenting the results of the program carried out 
with such grant; and 
‘‘(2) evaluating the effectiveness of activities carried out 
through such program. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’ 
has the meaning given the term ‘junior or community college’ 
in section 312(f). 
‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ 
means an individual who— 
‘‘(A) is 16 to 25 years of age (inclusive); and 
‘‘(B)(i) has been convicted of a criminal offense; and 
‘‘(ii) is detained in, or has been released from, a juvenile 
detention center or secure juvenile justice residential 
facility. 
‘‘(3) GANG-RELATED OFFENSE.— 
‘‘(A) IN
GENERAL.—The term ‘gang-related offense’ 
means an offense that involves the circumstances described 
in subparagraph (B) and that is— 
‘‘(i) a Federal or State felony involving a controlled 
substance (as defined in section 102 of the Controlled 
Substances Act (21 U.S.C. 802)) for which the max-
imum penalty is not less than five years; 
‘‘(ii) a Federal or State crime of violence that has 
as an element the use or attempted use of physical 
force against the person of another for which the max-
imum penalty is not less than six months; or 
‘‘(iii) a conspiracy to commit an offense described 
in clause (i) or (ii). 
‘‘(B) CIRCUMSTANCES.—The circumstances described in 
this subparagraph are that the offense described in 
subparagraph (A) was committed by a person who— 
‘‘(i) participates in a criminal street gang (as 
defined in section 521(a) of title 18, United States 
Code) with knowledge that such gang’s members 
engage in or have engaged in a continuing series of 
offenses described in subparagraph (A); and 
‘‘(ii) intends to promote or further the felonious 
activities of the criminal street gang or maintain or 
increase the person’s position in the gang.
H. R. 4137—362 
‘‘(4) PRIORITY INDIVIDUAL.—The term ‘priority individual’ 
means an individual who— 
‘‘(A) is an eligible individual; 
‘‘(B) has been convicted of a gang-related offense; and 
‘‘(C) has served or is serving a period of detention 
in a juvenile detention center or secure juvenile justice 
residential facility for such offense. 
‘‘(5) GUIDANCE COUNSELOR.—The term ‘guidance counselor’ 
means an individual who works with at-risk youth on a one- 
on-one basis, to establish a supportive relationship with such 
at-risk youth and to provide such at-risk youth with academic 
assistance and exposure to new experiences that enhance their 
ability to become responsible citizens. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART X—SCHOOL OF VETERINARY MEDICINE 
COMPETITIVE GRANT PROGRAM 
‘‘SEC. 893. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT 
PROGRAM. 
‘‘(a) IN GENERAL.—From the amounts appropriated under sub-
section (g), the Secretary of Health and Human Services shall 
award competitive grants to eligible entities for the purpose of 
improving public health preparedness through increasing the 
number of veterinarians in the workforce. 
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 
subsection (a), an entity shall— 
‘‘(1) be— 
‘‘(A) a public or other nonprofit school of veterinary 
medicine that is accredited by a nationally recognized 
accrediting agency or association recognized by the Sec-
retary of Education pursuant to part H of title IV; 
‘‘(B) a public or nonprofit, department of comparative 
medicine, department of veterinary science, school of public 
health, or school of medicine that is accredited by a nation-
ally recognized accrediting agency or association recognized 
by the Secretary of Education pursuant to part H of title 
IV and that offers graduate training for veterinarians in 
a public health practice area as determined by the Sec-
retary of Health and Human Services; or 
‘‘(C) a public or nonprofit entity that— 
‘‘(i) conducts recognized residency training pro-
grams for veterinarians that are approved by a veteri-
nary specialty organization that is recognized by the 
American Veterinary Medical Association; and 
‘‘(ii) offers postgraduate training for veterinarians 
in a public health practice area as determined by the 
Secretary of Health and Human Services; and 
‘‘(2) prepare and submit to the Secretary of Health and 
Human Services an application, at such time, in such manner, 
and containing such information as the Secretary of Health 
and Human Services may require. 
‘‘(c) CONSIDERATION OF APPLICATIONS.—The Secretary of Health 
and Human Services shall establish procedures to ensure that
H. R. 4137—363 
applications under subsection (b)(2) are rigorously reviewed and 
that grants are competitively awarded based on— 
‘‘(1) the ability of the applicant to increase the number 
of veterinarians who are trained in specified public health 
practice areas as determined by the Secretary of Health and 
Human Services; 
‘‘(2) the ability of the applicant to increase capacity in 
research on high priority disease agents; or 
‘‘(3) any other consideration the Secretary of Health and 
Human Services determines necessary. 
‘‘(d) PREFERENCE.—In awarding grants under subsection (a), 
the Secretary of Health and Human Services shall give preference 
to applicants that demonstrate a comprehensive approach by 
involving more than one school of veterinary medicine, department 
of comparative medicine, department of veterinary science, school 
of public health, school of medicine, or residency training program 
that offers postgraduate training for veterinarians in a public health 
practice area as determined by the Secretary of Health and Human 
Services. 
‘‘(e) USE OF FUNDS.—Amounts received under a grant under 
this section shall be used by a grantee to increase the number 
of veterinarians in the workforce through paying costs associated 
with the expansion of academic programs at schools of veterinary 
medicine, departments of comparative medicine, departments of 
veterinary science, or entities offering residency training programs, 
or academic programs that offer postgraduate training for veterinar-
ians or concurrent training for veterinary students in specific areas 
of specialization, which costs may include minor renovation and 
improvement in classrooms, libraries, and laboratories. 
‘‘(f) DEFINITION OF PUBLIC HEALTH PRACTICE AREA.—In this 
section, the term ‘public health practice area’ includes the areas 
of bioterrorism and emergency preparedness, environmental health, 
food safety and food security, regulatory medicine, diagnostic labora-
tory medicine, and biomedical research. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. Amounts appropriated under this subsection shall 
remain available until expended. 
‘‘PART Y—EARLY FEDERAL PELL GRANT 
COMMITMENT DEMONSTRATION PROGRAM 
‘‘SEC. 894. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRA-
TION PROGRAM. 
‘‘(a) DEMONSTRATION PROGRAM AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Secretary is authorized to carry 
out an Early Federal Pell Grant Commitment Demonstration 
Program under which— 
‘‘(A) the Secretary awards grants to four State edu-
cational agencies, in accordance with paragraph (2), to 
pay the administrative expenses incurred in participating 
in the demonstration program under this section; and 
‘‘(B) the Secretary awards Federal Pell Grants to 
participating students in accordance with this section and 
consistent with section 401. 
‘‘(2) GRANTS.—
H. R. 4137—364 
‘‘(A) IN GENERAL.—From amounts appropriated under 
subsection (h) for a fiscal year, the Secretary is authorized 
to award grants to four State educational agencies to enable 
the State educational agencies to pay the administrative 
expenses incurred in participating in the demonstration 
program under this section by carrying out a demonstration 
project under which eighth grade students described in 
subsection (b)(1)(B) receive a commitment early in the stu-
dents’ academic careers to receive a Federal Pell Grant. 
‘‘(B) EQUAL
AMOUNTS.—The Secretary shall award 
grants under this section in equal amounts to each of 
the four participating State educational agencies. 
‘‘(b) DEMONSTRATION PROJECT REQUIREMENTS.—Each of the 
four demonstration projects assisted under this section shall meet 
the following requirements: 
‘‘(1) PARTICIPANTS.— 
‘‘(A) IN GENERAL.—The State educational agency shall 
make participation in the demonstration project available 
to two cohorts of students, which shall consist of— 
‘‘(i) one cohort of eighth grade students who begin 
participating in the first academic year for which funds 
have been appropriated to carry out this section; and 
‘‘(ii) one cohort of eighth grade students who begin 
participating in the academic year succeeding the aca-
demic year described in clause (i). 
‘‘(B) STUDENTS IN EACH COHORT.—Each cohort of stu-
dents shall consist of not more than 10,000 eighth grade 
students who qualify for a free or reduced price school 
lunch under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.). 
‘‘(2) STUDENT DATA.—The State educational agency shall 
ensure that student data from local educational agencies 
serving students who participate in the demonstration project, 
as well as student data from local educational agencies serving 
a comparable group of students who do not participate in the 
demonstration project, are available for evaluation of the dem-
onstration project, and are made available in accordance with 
the requirements of section 444 of the General Education Provi-
sions Act (the Family Educational Rights and Privacy Act of 
1974). 
‘‘(3) FEDERAL PELL GRANT COMMITMENT.—Each student who 
participates in the demonstration project receives a commit-
ment from the Secretary to receive a Federal Pell Grant during 
the first academic year that the student is in attendance at 
an institution of higher education as an undergraduate, pro-
vided that the student applies for Federal financial aid (via 
the FAFSA or EZ FAFSA) for such academic year. 
‘‘(4) APPLICATION PROCESS.—Each State educational agency 
shall establish an application process to select local educational 
agencies within the State to participate in the demonstration 
project in accordance with subsection (d)(2). 
‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPATION.—Subject 
to the 10,000 statewide student limitation described in para-
graph (1), a local educational agency serving students, not 
less than 50 percent of whom are eligible for a free or reduced 
price school lunch under the Richard B. Russell National School
H. R. 4137—365 
Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.), shall be eligible to partici-
pate in the demonstration project. 
‘‘(c) STATE EDUCATIONAL AGENCY APPLICATIONS.— 
‘‘(1) IN GENERAL.—Each State educational agency desiring 
to participate in the demonstration program under this section 
shall submit an application to the Secretary at such time and 
in such manner as the Secretary may require. 
‘‘(2) CONTENTS.—Each application shall include— 
‘‘(A) a description of the proposed targeted information 
campaign for the demonstration project and a copy of the 
plan described in subsection (f)(2); 
‘‘(B) a description of the student population that will 
receive an early commitment to receive a Federal Pell 
Grant under this section; 
‘‘(C) an assurance that the State educational agency 
will fully cooperate with the ongoing evaluation of the 
demonstration project; and 
‘‘(D) such other information as the Secretary may 
require. 
‘‘(d) SELECTION CONSIDERATIONS.— 
‘‘(1) SELECTION
OF
STATE
EDUCATIONAL
AGENCIES.—In 
selecting State educational agencies to participate in the dem-
onstration program under this section, the Secretary shall con-
sider— 
‘‘(A) the number and quality of State educational 
agency applications received; 
‘‘(B) a State educational agency’s— 
‘‘(i) financial responsibility; 
‘‘(ii) administrative capability; 
‘‘(iii) commitment to focusing resources, in addition 
to any resources provided on students who receive 
assistance under part A of title I of the Elementary 
and Secondary Education Act of 1965; 
‘‘(iv) ability and plans to run an effective and thor-
ough targeted information campaign for students 
served by local educational agencies eligible to partici-
pate in the demonstration project; and 
‘‘(v) ability to ensure the participation in the dem-
onstration project of a diverse group of students, 
including with respect to ethnicity and gender. 
‘‘(2) LOCAL EDUCATIONAL AGENCY.—In selecting local edu-
cational agencies to participate in a demonstration project 
under this section, the State educational agency shall con-
sider— 
‘‘(A) the number and quality of local educational agency 
applications received; 
‘‘(B) a local educational agency’s— 
‘‘(i) financial responsibility; 
‘‘(ii) administrative capability; 
‘‘(iii) commitment to focusing resources on students 
who receive assistance under part A of title I of the 
Elementary and Secondary Education Act of 1965; 
‘‘(iv) ability and plans to run an effective and thor-
ough targeted information campaign for students 
served by the local educational agency; and
H. R. 4137—366 
‘‘(v) ability to ensure the participation in the dem-
onstration project of a diverse group of students. 
‘‘(e) EVALUATION.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sub-
section (h) for a fiscal year, the Secretary shall reserve not 
more than $1,000,000 to award a grant or contract to an 
organization outside the Department for an independent 
evaluation of the impact of the demonstration program assisted 
under this section. 
‘‘(2) COMPETITIVE BASIS.—The grant or contract shall be 
awarded on a competitive basis. 
‘‘(3) MATTERS EVALUATED.—The evaluation described in this 
subsection shall— 
‘‘(A) determine the number of students who were 
encouraged by the demonstration program to pursue higher 
education; 
‘‘(B) identify the barriers to the effectiveness of the 
demonstration program; 
‘‘(C) assess the cost-effectiveness of the demonstration 
program in improving access to higher education; 
‘‘(D) identify the reasons why participants in the dem-
onstration program either received or did not receive a 
Federal Pell Grant; 
‘‘(E) identify intermediate outcomes related to postsec-
ondary education attendance, such as whether partici-
pants— 
‘‘(i) were more likely to take a college-preparatory 
curriculum while in secondary school; 
‘‘(ii) submitted any applications to institutions of 
higher education; and 
‘‘(iii) took the PSAT, SAT, or ACT; 
‘‘(F) identify the number of students participating in 
the demonstration program who pursued an associate’s 
degree or a bachelor’s degree, or other postsecondary edu-
cation; 
‘‘(G) compare the findings of the demonstration pro-
gram with respect to participants to comparison groups 
(of similar size and demographics) that did not participate 
in the demonstration program; and 
‘‘(H) identify the impact of the demonstration program 
on the parents of students eligible to participate in the 
program. 
‘‘(4) DISSEMINATION.—The findings of the evaluation shall 
be reported to the Secretary, who shall widely disseminate 
the findings to the public. 
‘‘(f) TARGETED INFORMATION CAMPAIGN.— 
‘‘(1) IN GENERAL.—Each State educational agency receiving 
a grant under this section shall, in cooperation with the partici-
pating local educational agencies within the State and the 
Secretary, develop a targeted information campaign for the 
demonstration project assisted under this section. 
‘‘(2) PLAN.—Each State educational agency receiving a 
grant under this section shall include in the application sub-
mitted under subsection (c) a written plan for the State edu-
cational agency proposed targeted information campaign. The 
plan shall include the following:
H. R. 4137—367 
‘‘(A) OUTREACH.—A description of the outreach to stu-
dents and the students’ families at the beginning and end 
of each academic year of the demonstration project, at 
a minimum. 
‘‘(B) DISTRIBUTION.—A description of how the State 
educational agency plans to provide the outreach described 
in subparagraph (A) and to provide the information 
described in subparagraph (C). 
‘‘(C) INFORMATION.—The annual provision by the State 
educational agency to all students and families partici-
pating in the demonstration project of information 
regarding— 
‘‘(i) the estimated statewide average cost of attend-
ance for an institution of higher education for each 
academic year, which cost data shall be disaggregated 
by— 
‘‘(I) type of institution, including— 
‘‘(aa) 
two-year 
public 
degree-granting 
institutions of higher education; 
‘‘(bb) four-year public degree-granting 
institutions of higher education; and 
‘‘(cc) four-year private degree-granting 
institutions of higher education; 
‘‘(II) component, including— 
‘‘(aa) tuition and fees; and 
‘‘(bb) room and board; 
‘‘(ii) Federal Pell Grants, including— 
‘‘(I) the maximum Federal Pell Grant for each 
award year; 
‘‘(II) when and how to apply for a Federal 
Pell Grant; and 
‘‘(III) what the application process for a Fed-
eral Pell Grant requires; 
‘‘(iii) 
State-specific 
postsecondary 
education 
savings programs; 
‘‘(iv) State merit-based financial aid; 
‘‘(v) State need-based financial aid; and 
‘‘(vi) Federal financial aid available to students, 
including eligibility criteria for such aid and an expla-
nation of the Federal financial aid programs under 
title IV, such as the Student Guide published by the 
Department (or any successor to such document). 
‘‘(3) COHORTS.—The information described in paragraph 
(2)(C) shall be provided annually to the two successive cohorts 
of students described in subsection (b)(1)(A) for the duration 
of the students’ participation in the demonstration project. 
‘‘(4) 
RESERVATION.—Each 
State 
educational 
agency 
receiving a grant under this section shall reserve not more 
than 15 percent of the grant funds received each fiscal year 
to carry out the targeted information campaign described in 
this subsection. 
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State educational agency 
shall use grant funds received under this section only to supplement 
the funds that would, in the absence of such grant funds, be 
made available from non-Federal sources for students participating 
in the demonstration project under this section, and not to supplant 
such funds.
H. R. 4137—368 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART Z—HENRY KUUALOHA GIUGNI KUPUNA 
MEMORIAL ARCHIVES 
‘‘SEC. 895. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (c), the Secretary is authorized to award a grant 
to the University of Hawaii Academy for Creative Media for the 
establishment, maintenance, and periodic modernization of the 
Henry Kuualoha Giugni Kupuna Memorial Archives at the Univer-
sity of Hawaii. 
‘‘(b) USE
OF FUNDS.—The Henry Kuualoha Giugni Kupuna 
Memorial Archives shall use the grant funds received under this 
section— 
‘‘(1) to facilitate the acquisition of a secure web-accessible 
repository of Native Hawaiian historical data rich in ethnic 
and cultural significance to the United States for preservation 
and access by future generations; 
‘‘(2) to award scholarships to facilitate access to postsec-
ondary education for students who cannot afford such edu-
cation; 
‘‘(3) to support programmatic efforts associated with the 
web-based media projects of the archives; 
‘‘(4) to create educational materials, from the contents of 
the archives, that are applicable to a broad range of indigenous 
students, such as Native Hawaiians, Alaskan Natives, and 
Native American Indians; 
‘‘(5) to develop outreach initiatives that introduce the 
archival collections to elementary schools and secondary 
schools; 
‘‘(6) to develop supplemental web-based resources that 
define terms and cultural practices innate to Native Hawaiians; 
‘‘(7) to rent, lease, purchase, maintain, or repair educational 
facilities to house the archival collections; 
‘‘(8) to rent, lease, purchase, maintain, or repair computer 
equipment for use by elementary schools and secondary schools 
in accessing the archival collections; 
‘‘(9) to provide preservice and in-service teacher training 
to develop a core group of kindergarten through grade 12 
teachers who are able to provide instruction in a way that 
is relevant to the unique background of indigenous students, 
such as Native Hawaiians, Alaskan Natives, and Native Amer-
ican Indians, in order to— 
‘‘(A) facilitate greater understanding by teachers of 
the unique background of indigenous students; and 
‘‘(B) improve student achievement; and 
‘‘(10) to increase the economic and financial literacy of 
postsecondary education students through the dissemination 
of best practices used at other institutions of higher education 
regarding debt and credit management and economic decision-
making. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may
H. R. 4137—369 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART AA—MASTERS AND 
POSTBACCALAUREATE PROGRAMS 
‘‘SEC. 897. MASTERS DEGREE PROGRAMS. 
‘‘In addition to any amounts appropriated under section 725, 
there are authorized to be appropriated, and there are appropriated, 
out of any funds in the Treasury not otherwise appropriated, 
$11,500,000 for fiscal year 2009 and for each of the five succeeding 
fiscal years to carry out subpart 4 of part A of title VII in order 
to provide grants under sections 723 and 724, in the minimum 
amount authorized under such sections, to all institutions eligible 
for grants under such sections. 
‘‘SEC. 898. POSTBACCALAUREATE PROGRAMS. 
‘‘In addition to any amounts appropriated under part B of 
title V, there are authorized to be appropriated, and there are 
appropriated, out of any funds in the Treasury not otherwise appro-
priated, $11,500,000 for fiscal year 2009 and for each of the five 
succeeding fiscal years to carry out part B of title V.’’. 
SEC. 802. NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMA-
TION AND DIGITAL TECHNOLOGIES. 
(a) ESTABLISHMENT.—There shall be established, during the 
first fiscal year for which appropriations are made available under 
subsection (c), a nonprofit corporation to be known as the National 
Center for Research in Advanced Information and Digital Tech-
nologies, which shall not be an agency or establishment of the 
Federal Government. The Center shall be subject to the provisions 
of this section, and, to the extent consistent with this section, 
to the District of Columbia Nonprofit Corporation Act (sec. 29– 
501 et seq., D.C. Official Code). 
(b) PURPOSE.—The purpose of the Center shall be to support 
a comprehensive research and development program to harness 
the increasing capacity of advanced information and digital tech-
nologies to improve all levels of learning and education, formal 
and informal, in order to provide Americans with the knowledge 
and skills needed to compete in the global economy. 
(c) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Center such sums as may be 
necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
(2) ADDITIONAL FUNDS.—The Center is authorized— 
(A) to accept funds from any Federal agency or entity; 
(B) to accept, hold, administer, and spend any gift, 
devise, or bequest of real or personal property made to 
the Center; and 
(C) to enter into competitive contracts with individuals, 
public or private organizations, professional societies, and 
government agencies for the purpose of carrying out the 
functions of the Center. 
(3) PROHIBITION.—The Center shall not accept gifts, 
devises, or bequests from a foreign government or foreign 
source.
H. R. 4137—370 
(d) BOARD OF DIRECTORS; VACANCIES; COMPENSATION.— 
(1) IN GENERAL.—A Board of the Center shall be established 
to oversee the administration of the Center. 
(2) INITIAL COMPOSITION.—The initial Board shall consist 
of nine members to be appointed by the Secretary of Education 
from recommendations received from the Speaker of the House 
of Representatives, the Minority Leader of the House of Rep-
resentatives, the majority leader of the Senate, and the minority 
leader of the Senate, who— 
(A) reflect representation from the public and private 
sectors; 
(B) shall provide, as nearly as practicable, a broad 
representation of various regions of the United States, var-
ious professions and occupations, and various kinds of 
talent and experience appropriate to the functions and 
responsibilities of the Center; 
(C) shall not be in a position to benefit financially 
directly from the contracts and grants to eligible institu-
tions under subsection (f)(2); and 
(D) may not be officers or employees of the Federal 
Government or a Members of Congress serving at the time 
of such appointment. 
(3) VACANCIES AND SUBSEQUENT APPOINTMENTS.—To the 
extent not inconsistent with paragraph (2), in the case of a 
vacancy on the Board due to death, resignation, or removal, 
the vacancy shall be filled through nomination and selection 
by the sitting members of the Board after— 
(A) taking into consideration the composition of the 
Board; and 
(B) soliciting recommendations from the public. 
(4) COMPENSATION.—Members of the Board shall serve 
without compensation but may be reimbursed for reasonable 
expenses for transportation, lodging, and other expenses 
directly related to their duties as members of the Board. 
(5) ORGANIZATION AND OPERATION.—The Board shall incor-
porate and operate the Center in accordance with the laws 
governing tax exempt organizations in the District of Columbia. 
(e) DIRECTOR AND STAFF.— 
(1) DIRECTOR.—The Board shall appoint a Director of the 
Center after conducting a national, competitive search to find 
an individual with the appropriate expertise, experience, and 
knowledge to oversee the operations of the Center. 
(2) STAFF.—In accordance with procedures established by 
the Board, the Director shall employ individuals to carry out 
the functions of the Center. 
(3) COMPENSATION.—In no case shall the Director or any 
employee of the Center receive annual compensation that 
exceeds an amount equal to the annual rate payable for level 
II of the Executive Schedule under section 5313 of title 5, 
United States Code. 
(f) CENTER ACTIVITIES.— 
(1) USES OF FUNDS.—The Director, after consultation with 
the Board, shall use the funds made available to the Center— 
(A) to support research to improve education, teaching, 
and learning that is in the public interest, but that is 
determined unlikely to be undertaken entirely with private 
funds;
H. R. 4137—371 
(B) to support— 
(i) precompetitive research, development, and dem-
onstrations; 
(ii) assessments of prototypes of innovative digital 
learning and information technologies, as well as the 
components and tools needed to create such tech-
nologies; and 
(iii) pilot testing and evaluation of prototype sys-
tems described in clause (ii); and 
(C) to encourage the widespread adoption and use of 
effective, innovative digital approaches to improving edu-
cation, teaching, and learning. 
(2) CONTRACTS AND GRANTS.— 
(A) IN GENERAL.—To carry out the activities described 
in paragraph (1), the Director, with the agreement of two- 
thirds of the members of the Board, may award, on a 
competitive basis, contracts and grants to four-year institu-
tions of higher education, museums, libraries, nonprofit 
organizations, public institutions with or without for-profit 
partners, for-profit organizations, and consortia of any such 
entities. 
(B) PUBLIC DOMAIN.— 
(i) IN GENERAL.—The research and development 
properties and materials associated with any project 
funded by a grant or contract under this section shall 
be freely and nonexclusively available to the general 
public in a timely manner, consistent with regulations 
prescribed by the Secretary of Education. 
(ii) EXEMPTION.—The Director may waive the 
requirements of clause (i) with respect to a project 
funded by a grant or contract under this section if— 
(I) the Director and the Board (by a unanimous 
vote of the Board members) determine that the 
general public will benefit significantly due to the 
project not being freely and nonexclusively avail-
able to the general public in a timely manner; 
and 
(II) the Board issues a public statement as 
to the specific reasons of the determination under 
subclause (I). 
(C) PEER REVIEW.—Proposals for grants or contracts 
shall be evaluated on the basis of comparative merit by 
panels of experts who represent diverse interests and 
perspectives, and who are appointed by the Director based 
on recommendations from the fields served and from the 
Board. 
(g) ACCOUNTABILITY AND REPORTING.— 
(1) REPORT.— 
(A) IN GENERAL.—Not later than December 30 of each 
year beginning in fiscal year 2009, the Director shall pre-
pare and submit to the Secretary of Education and the 
authorizing committees a report that contains the informa-
tion described in subparagraph (B) with respect to the 
preceding fiscal year. 
(B) CONTENTS.—A report under subparagraph (A) shall 
include—
H. R. 4137—372 
(i) a comprehensive and detailed report of the Cen-
ter’s operations, activities, financial condition, and 
accomplishments, and such recommendations as the 
Director determines appropriate; 
(ii) evidence of coordination with the Department 
of Education, the National Science Foundation, Office 
of the Director of Defense Research and Engineering 
in the Department of Defense, and other related Fed-
eral agencies to carry out the operations and activities 
of the Center; 
(iii) a comprehensive and detailed inventory of 
funds distributed from the Center during the fiscal 
year for which the report is being prepared; and 
(iv) an independent audit of the Center’s finances 
and operations, and of the implementation of the goals 
established by the Board. 
(C) STATEMENT
OF
THE
BOARD.—Each report under 
subparagraph (A) shall include a statement from the Board 
containing— 
(i) a clear description of the plans and priorities 
of the Board for the subsequent year for activities 
of the Center; and 
(ii) an estimate of the funds that will be expended 
by the Center for such year. 
(2) TESTIMONY.—The Director and principal officers of the 
Center shall testify before the authorizing committees and the 
Committees on Appropriations of the House of Representatives 
and the Senate, upon request of such committees, with respect 
to— 
(A) any report required under paragraph (1)(A); and 
(B) any other matter that such committees may deter-
mine appropriate. 
(h) USE OF FUNDS SUBJECT TO APPROPRIATIONS.—The authority 
to award grants, enter into contracts, or otherwise expend funds 
under this section is subject to the availability of amounts deposited 
into the Center under subsection (c), or amounts otherwise appro-
priated for such purposes by an Act of Congress. 
(i) DEFINITIONS.—For purposes of this section: 
(1) AUTHORIZING
COMMITTEES.—The term ‘‘authorizing 
committees’’ has the meaning given the term in section 103 
of the Higher Education Act of 1965 (20 U.S.C. 1003). 
(2) BOARD.—The term ‘‘Board’’ means the Board of the 
Center appointed under subsection (d)(1). 
(3) CENTER.—The term ‘‘Center’’ means the National Center 
for Research in Advanced Information and Digital Technologies 
established under subsection (a). 
(4) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the Center appointed under subsection (e)(1). 
SEC. 803. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATE-
RIAL RENTAL. 
(a) PILOT GRANT PROGRAM.—From the amounts appropriated 
pursuant to subsection (e), the Secretary of Education (referred 
to in this section as the ‘‘Secretary’’) shall make grants on a competi-
tive basis to not more than ten institutions of higher education 
to support pilot programs that expand the services of bookstores
H. R. 4137—373 
to provide the option for students to rent course materials in order 
to achieve savings for students. 
(b) APPLICATION.—An institution of higher education that 
desires to obtain a grant under this section shall submit an applica-
tion to the Secretary at such time, in such form, and containing 
or accompanied by such information, 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— 
(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 period 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 Secretary 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 textbook rental pilot programs under this 
section, and identify the best practices developed in such pilot 
programs. Such report shall contain an estimate by the Sec-
retary of the savings achieved by students who participate 
in such pilot programs. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal years 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 inserting ‘‘LAURENT 
CLERC NATIONAL DEAF EDUCATION CENTER’’; 
(2) in subsection (a)(1)(A), by inserting ‘‘the Laurent Clerc 
National Deaf Education Center (referred 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 para-
graph (1), by striking ‘‘elementary and secondary education 
programs’’ and inserting ‘‘Clerc Center’’; 
(B) in paragraph (2)—
H. R. 4137—374 
(i) by striking ‘‘elementary and secondary edu-
cation programs’’ and inserting ‘‘Clerc Center’’; and 
(ii) by striking ‘‘section 618(a)(1)(A)’’ and inserting 
‘‘section 618(a)(1)’’; 
(C) in paragraph (4), in subparagraph (C)— 
(i) by moving the margins 2 ems to the left; 
(ii) in clause (i), by striking ‘‘(6)’’ and inserting 
‘‘(8)’’; and 
(iii) 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 sec-
ondary education programs carried out at the Clerc Center, shall— 
‘‘(A)(i) select challenging academic content standards, chal-
lenging student academic achievement standards, and academic 
assessments of a State, adopted and implemented, as appro-
priate, pursuant to paragraphs (1) and (3) of section 1111(b) 
of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and 
‘‘(ii) implement such standards and assessments for such 
programs by not later than the beginning of the 2009–2010 
academic year; 
‘‘(B) annually determine whether such programs at the 
Clerc Center are making adequate yearly progress, as deter-
mined according to the definition of adequate yearly progress 
defined (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 
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 statistically reliable information or 
would reveal personally identifiable information about an indi-
vidual 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, commonly 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’’. 
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE 
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)(1), by striking the second sentence; 
and 
(2) in subsection (b)—
H. R. 4137—375 
(A) in paragraph (3), by striking ‘‘Committee on Labor 
and Human Resources of the Senate’’ and inserting ‘‘Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate’’; and 
(B) in paragraph (5)— 
(i) 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, commonly 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. CULTURAL EXPERIENCES GRANTS. 
(a) CULTURAL EXPERIENCES GRANTS.—Title I of the Education 
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by 
adding at the end the following: 
‘‘PART C—OTHER PROGRAMS 
‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 
‘‘(a) IN GENERAL.—The Secretary is authorized to, on a competi-
tive basis, make grants to, and enter into contracts and cooperative 
agreements with, eligible entities to support the activities described 
in subsection (b). 
‘‘(b) ACTIVITIES.—In carrying out this section, the Secretary 
shall support activities providing cultural experiences, through 
appropriate nonprofit organizations with a demonstrated proficiency 
in providing such activities, that— 
‘‘(1) enrich the lives of deaf and hard-of-hearing children 
and adults; 
‘‘(2) increase public awareness and understanding of deaf-
ness and of the artistic and intellectual achievements of deaf 
and hard-of-hearing persons; or 
‘‘(3) promote the integration of hearing, deaf, and hard- 
of-hearing persons through shared cultural, educational, and 
social experiences. 
‘‘(c) APPLICATIONS.—An eligible entity that desires to receive 
a grant, or enter into a contract or cooperative agreement, under 
this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years.’’. 
(b) CONFORMING AMENDMENT.—The title heading of title I of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 
is amended by adding at the end the following: ‘‘; OTHER PRO-
GRAMS’’. 
SEC. 905. 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 ‘‘sections’’ and all 
that follows through the period and inserting ‘‘sections
H. R. 4137—378 
‘‘(ii) such student has made a good faith effort 
to secure aid through such student’s government or 
other sources. 
‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The University and 
NTID shall develop a sliding scale model that— 
‘‘(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 ‘developing 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 Sec-
retary to reflect inflation since 2005.’’. 
SEC. 912. RESEARCH PRIORITIES. 
Section 210(b) of the Education of the Deaf Act of 1986 (20 
U.S.C. 4359b(b)) is amended by striking ‘‘Committee on Education 
and the Workforce of the House of Representatives, and the Com-
mittee on Labor and Human Resources of the Senate’’ and inserting 
‘‘Committee on Education and Labor of the House of Representa-
tives, and the Committee on Health, Education, Labor, and Pensions 
of the Senate’’. 
SEC. 913. NATIONAL STUDY ON THE EDUCATION OF THE DEAF. 
(a) CONDUCT OF STUDY.—Subsection (a)(1) of section 211 of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4360) is amended 
by inserting after ‘‘The Secretary shall’’ the following: ‘‘establish 
a commission on the 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 the term 
appears and inserting ‘‘commission’’. 
(c) REPORT.—Subsection (c) of such section is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘Sec-
retary’’ 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 
Higher Education Opportunity Act’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘recommendations,’’ and inserting ‘‘rec-
ommendations relating to educated-related factors that con-
tribute to successful postsecondary education experiences 
and employment for individuals who are deaf,’’; and 
(B) by striking ‘‘Secretary’’ and inserting ‘‘commission’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Subsection (d) of such 
section is amended by striking ‘‘$1,000,000 for each of the fiscal 
years 1999 and 2000’’ and inserting ‘‘such sums as may be necessary 
for each of the fiscal years 2009 and 2010’’. 
SEC. 914. 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 2009 through 2014’’; and 
(2) in subsection (b), by striking ‘‘fiscal years 1998 through 
2003’’ and inserting ‘‘fiscal years 2009 through 2014’’.
H. R. 4137—379 
PART B—UNITED STATES INSTITUTE OF 
PEACE ACT 
SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 
(a) POWERS
AND DUTIES.—Section 1705(b)(3) of the United 
States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended 
by striking ‘‘the Arms Control and Disarmament Agency,’’. 
(b) BOARD OF DIRECTORS.— 
(1) AMENDMENTS.—Section 1706 of the United States 
Institute of Peace Act (22 U.S.C. 4605) is amended— 
(A) by striking ‘‘(b)(5)’’ each place the term appears 
and inserting ‘‘(b)(4)’’; and 
(B) in subsection (e), by adding at the end the following: 
‘‘(5) The term of a member of the Board shall not commence 
until the member is confirmed by the Senate and sworn in 
as a member of the Board.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect as if enacted on June 1, 2007, and shall 
apply to any member of the Board of Directors of the Institute 
of Peace confirmed by the Senate and sworn in as a member 
of the Board of Directors on or after such date. 
(c) FUNDING.—Section 1710 of the United States Institute of 
Peace Act (22 U.S.C. 4609) is amended— 
(1) in subsection (a)(1), by striking ‘‘to be appropriated’’ 
and all that follows through the period at the end and inserting 
‘‘to be appropriated such sums as may be necessary for fiscal 
years 2009 through 2014.’’; and 
(2) by adding at the end the following: 
‘‘(d) EXTENSION.—Any authorization of appropriations made for 
the purposes of carrying out this title shall be extended in the 
same manner as applicable programs are extended under section 
422 of the General Education Provisions Act.’’. 
PART C—THE HIGHER EDUCATION AMEND-
MENTS OF 1998; THE HIGHER EDUCATION 
AMENDMENTS OF 1992 
SEC. 931. REPEALS. 
The following provisions of title VIII of the Higher Education 
Amendments of 1998 (Public Law 105–244) are repealed: 
(1) Part A. 
(2) Part C (20 U.S.C. 1070 note). 
(3) Part F (20 U.S.C. 1862 note). 
(4) Part J. 
(5) Section 861. 
(6) Section 863. 
SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 
Section 821 of the Higher Education Amendments of 1998 
(20 U.S.C. 1151) is amended to read as follows: 
‘‘SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 
‘‘(a) DEFINITION.—In this section, the term ‘incarcerated indi-
vidual’ means a male or female offender who is—
H. R. 4137—380 
‘‘(1) 35 years of age or younger; and 
‘‘(2) incarcerated in a State prison, including a prerelease 
facility. 
‘‘(b) GRANT PROGRAM.—The Secretary of Education (in this 
section referred to as the ‘Secretary’)— 
‘‘(1) shall establish a program in accordance with this sec-
tion to provide grants to the State correctional education agen-
cies in the States to assist and encourage incarcerated individ-
uals who have obtained a secondary school diploma or its 
recognized equivalent to acquire educational and job skills 
through— 
‘‘(A) coursework to prepare such individuals to pursue 
a postsecondary education certificate, an associate’s degree, 
or bachelor’s degree while in prison; 
‘‘(B) the pursuit of a postsecondary education certifi-
cate, an associate’s degree, or bachelor’s degree while in 
prison; and 
‘‘(C) employment counseling and other related services, 
which start during incarceration and end not later than 
two years after release from incarceration; and 
‘‘(2) may establish such performance objectives and 
reporting requirements for State correctional education agen-
cies receiving grants under this section as the Secretary deter-
mines are necessary to assess the effectiveness of the program 
under this section. 
‘‘(c) APPLICATION.—To be eligible for a grant under this section, 
a State correctional education agency shall submit to the Secretary 
a proposal for an incarcerated individual program that— 
‘‘(1) identifies the scope of the problem, including the 
number of incarcerated individuals in need of postsecondary 
education and career and technical training; 
‘‘(2) lists the accredited public or private educational 
institution or institutions that will provide postsecondary edu-
cational services; 
‘‘(3) lists the cooperating agencies, public and private, or 
businesses that will provide related services, such as counseling 
in the areas of career development, substance abuse, health, 
and parenting skills; 
‘‘(4) describes specific performance objectives and evalua-
tion methods (in addition to, and consistent with, any objectives 
established by the Secretary under subsection (b)(2)) that the 
State correctional education agency will use in carrying out 
its proposal, including— 
‘‘(A) specific and quantified student outcome measures 
that are referenced to outcomes for non-program partici-
pants with similar demographic characteristics; and 
‘‘(B) measures, consistent with the data elements and 
definitions described in subsection (d)(1)(A), of— 
‘‘(i) program completion, including an explicit defi-
nition of what constitutes a program completion within 
the proposal; 
‘‘(ii) knowledge and skill attainment, including 
specification of instruments that will measure knowl-
edge and skill attainment; 
‘‘(iii) attainment of employment both prior to and 
subsequent to release;
H. R. 4137—381 
‘‘(iv) success in employment indicated by job reten-
tion and advancement; and 
‘‘(v) recidivism, including such subindicators as 
time before subsequent offense and severity of offense; 
‘‘(5) describes how the proposed program is to be integrated 
with existing State correctional education programs (such as 
adult education, graduate education degree programs, and 
career and technical training) and State industry programs; 
‘‘(6) describes how the proposed program will— 
‘‘(A) deliver services under this section; and 
‘‘(B) utilize technology to deliver such services; and 
‘‘(7) describes how incarcerated individuals will be selected 
so that only those eligible under subsection (e) will be enrolled 
in postsecondary programs. 
‘‘(d) PROGRAM REQUIREMENTS.—Each State correctional edu-
cation agency receiving a grant under this section shall— 
‘‘(1) annually report to the Secretary regarding— 
‘‘(A) the results of the evaluations conducted using 
data elements and definitions provided by the Secretary 
for the use of State correctional education programs; 
‘‘(B) any objectives or requirements established by the 
Secretary pursuant to subsection (b)(2); 
‘‘(C) the additional performance objectives and evalua-
tion methods contained in the proposal described in sub-
section (c)(4) as necessary to document the attainment 
of project performance objectives; 
‘‘(D) how the funds provided under this section are 
being allocated among postsecondary preparatory edu-
cation, postsecondary academic programs, and career and 
technical education programs; and 
‘‘(E) the service delivery methods being used for each 
course offering; and 
‘‘(2) provide for each student eligible under subsection (e) 
not more than— 
‘‘(A) $3,000 annually for tuition, books, and essential 
materials; and 
‘‘(B) $300 annually for related services such as career 
development, substance abuse counseling, parenting skills 
training, and health education. 
‘‘(e) STUDENT ELIGIBILITY.—An incarcerated individual who has 
obtained a secondary school diploma or its recognized equivalent 
shall be eligible for participation in a program receiving a grant 
under this section if such individual— 
‘‘(1) is eligible to be released within seven years (including 
an incarcerated individual who is eligible for parole within 
such time); 
‘‘(2) is 35 years of age or younger; and 
‘‘(3) has not been convicted of— 
‘‘(A) a ‘criminal offense against a victim who is a minor’ 
or a ‘sexually violent offense’, as such terms are defined 
in the Jacob Wetterling Crimes Against Children and Sexu-
ally Violent Offender Registration Act (42 U.S.C. 14071 
et seq.); or 
‘‘(B) murder, as described in section 1111 of title 18, 
United States Code. 
‘‘(f) LENGTH OF PARTICIPATION.—A State correctional education 
agency receiving a grant under this section shall provide educational
H. R. 4137—382 
and related services to each participating incarcerated individual 
for a period not to exceed seven years, not more than two years 
of which may be devoted to study in a graduate education degree 
program or to coursework to prepare such individuals to take college 
level courses. Educational and related services shall start during 
the period of incarceration in prison or prerelease, and the related 
services may continue for not more than two years after release 
from confinement. 
‘‘(g) EDUCATION DELIVERY SYSTEMS.—State correctional edu-
cation agencies and cooperating institutions shall, to the extent 
practicable, use high-tech applications in developing programs to 
meet the requirements and goals of this section. 
‘‘(h) ALLOCATION
OF FUNDS.—From the funds appropriated 
pursuant to subsection (i) for each fiscal year, the Secretary shall 
allot to each State an amount that bears the same relationship 
to such funds as the total number of students eligible under sub-
section (e) in such State bears to the total number of such students 
in all States. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal years 2009 through 2014.’’. 
SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL 
PROGRAM. 
Section 841 of the Higher Education Amendments of 1998 
(20 U.S.C. 1153) is amended— 
(1) in subsection (a), by inserting ‘‘, including the lessons 
to be drawn from such history’’ after ‘‘Railroad’’; 
(2) in subsection (b)— 
(A) by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) to establish a facility to— 
‘‘(A) house, display, interpret, and communicate 
information regarding the artifacts and other materials 
related to the history of the Underground Railroad, 
including the lessons to be drawn from such history; 
‘‘(B) maintain such artifacts and materials; and 
‘‘(C) make the efforts described in subparagraph (A) 
available, 
including 
through 
electronic 
means, 
to 
elementary and secondary schools, institutions of higher 
education, and the general public; 
‘‘(2) to demonstrate substantial public and private support 
for the operation of the facility through the implementation 
of a public-private partnership between one or more State or 
local public entities and one or more private entities, which 
public-private partnership shall provide matching funds from 
non-federal sources for the support of the facility in an amount 
equal to or greater than four times the amount of the grant 
awarded under this section;’’; 
(B) in paragraph (4)— 
(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 
and 
(ii) by inserting ‘‘including the lessons to be drawn 
from the history of the Underground Railroad,’’ after 
‘‘States,’’; and 
(C) in paragraph (5)—
H. R. 4137—383 
(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 
and 
(ii) by inserting ‘‘, including the lessons to be drawn 
from such history’’ after ‘‘Railroad’’; and 
(3) in subsection (c), by striking ‘‘this section’’ and all 
that follows through the period at the end and inserting 
‘‘$3,000,000 for fiscal year 2009 and each of the five succeeding 
fiscal years.’’. 
SEC. 934. OLYMPIC SCHOLARSHIPS. 
Section 1543(d) of the Higher Education Amendments of 1992 
(20 U.S.C. 1070 note) is amended— 
(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘4’’ and inserting ‘‘five’’. 
SEC. 935. ESTABLISHMENT OF A DEPUTY ASSISTANT SECRETARY FOR 
INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION. 
Section 205 of the Department of Education Organization Act 
(20 U.S.C. 3415) is amended to read as follows: 
‘‘OFFICE OF POSTSECONDARY EDUCATION 
‘‘SEC. 205. (a) There shall be in the Department an Office 
of Postsecondary Education, to be administered by the Assistant 
Secretary for Postsecondary Education appointed under section 
202(b). The Assistant Secretary shall administer such functions 
affecting postsecondary education, both public and private, as the 
Secretary shall delegate, and shall serve as the principal adviser 
to the Secretary on matters affecting postsecondary education. 
‘‘(b) The Assistant Secretary for Postsecondary Education shall 
appoint a Deputy Assistant Secretary for International and Foreign 
Language Education to perform such functions affecting postsec-
ondary, international, and foreign language education as the Sec-
retary may prescribe. The Deputy Assistant Secretary for Inter-
national and Foreign Language Education shall— 
‘‘(1) be an individual with extensive background and experi-
ence in international and foreign language education; 
‘‘(2) have responsibility for encouraging and promoting the 
study of foreign languages and the study of the cultures of 
other countries at the elementary, secondary, and postsecondary 
levels in the United States; and 
‘‘(3) coordinate with related international and foreign lan-
guage education programs of other Federal agencies.’’. 
PART D—TRIBAL COLLEGE AND 
UNIVERSITIES; NAVAJO HIGHER EDUCATION 
Subpart 1—Tribal Colleges and Universities 
SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COL-
LEGE OR UNIVERSITY ASSISTANCE ACT OF 1978. 
(a) CLARIFICATION
OF
THE DEFINITION
OF NATIONAL INDIAN 
ORGANIZATION.—Section 2(a)(6) of the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is 
amended by striking ‘‘in the field of Indian education’’ and inserting 
‘‘in the fields of tribally controlled colleges and universities and 
Indian higher education’’.
H. R. 4137—384 
(b) INDIAN STUDENT COUNT.—Section 2(a) of the Tribally Con-
trolled 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 following: 
‘‘(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 Con-
trolled College or University Assistance Act of 1978 (25 U.S.C. 
1801(b)) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘para-
graph (7) of subsection (a)’’ and inserting ‘‘subsection (a)(8)’’; 
(2) by striking paragraph (5) and inserting the following: 
‘‘(5) Eligible credits earned in a continuing education pro-
gram— 
‘‘(A) shall be determined as one credit for every ten 
contact hours in the case of an institution on a quarter 
system, or 15 contact hours in the case of an institution 
on a semester system, of participation in an organized 
continuing education experience under responsible sponsor-
ship, capable direction, and qualified instruction, as 
described in the criteria established by the International 
Association for Continuing Education and Training; and 
‘‘(B) shall be limited to ten percent of the Indian stu-
dent count of a tribally controlled college 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 following: 
‘‘(4)(A) is accredited by a nationally recognized accrediting 
agency or association determined by the Secretary of Education 
to be a reliable authority with regard to the quality of training 
offered; or 
‘‘(B) according to such an agency or association, is making 
reasonable progress toward accreditation.’’. 
(e) TECHNICAL ASSISTANCE CONTRACTS.—Section 105 of the 
Tribally Controlled College or University Assistance 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, preference shall be given’’ 
and inserting the following:
H. R. 4137—385 
‘‘(2) DESIGNATED
ORGANIZATION.—The Secretary shall 
require that a contract for technical assistance under paragraph 
(1) shall be awarded’’; and 
(3) in the third sentence, by striking ‘‘No authority’’ and 
inserting the following: 
‘‘(b) EFFECT OF SECTION.—No authority’’. 
(f) AMOUNT OF GRANTS.—Section 108(a) of the Tribally Con-
trolled College or University Assistance Act of 1978 (25 U.S.C. 
1808(a)) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting the subpara-
graphs appropriately; 
(2) by striking ‘‘(a) Except as provided in section 111,’’ 
and inserting the following: 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2) 
and section 111,’’; 
(3) in paragraph (1) (as redesignated by paragraphs (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 inserting ‘‘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 inflation.’’; and 
(4) by striking ‘‘except that no grant shall exceed the total 
cost of the education program provided 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 provided by the applicable tribally controlled 
college or university.’’. 
(g) GENERAL PROVISIONS REAUTHORIZATION.—Section 110(a) of 
the Tribally Controlled College or University Assistance Act of 
1978 (25 U.S.C. 1810(a)) is amended— 
(1) in paragraphs (1), (2), (3), and (4), by striking ‘‘1999’’ 
and inserting ‘‘2009’’; 
(2) in paragraphs (1), (2), and (3), by striking ‘‘4 succeeding’’ 
and inserting ‘‘five 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 ‘‘five succeeding’’. 
(h) ENDOWMENT PROGRAM REAUTHORIZATION.—Section 306(a) 
of the Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1836(a)) is amended— 
(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five suc-
ceeding’’.
H. R. 4137—386 
(i) TRIBAL ECONOMIC DEVELOPMENT REAUTHORIZATION.—Sec-
tion 403 of the Tribal Economic Development and Technology 
Related Education Assistance Act of 1990 (25 U.S.C. 1852) is 
amended— 
(1) by striking ‘‘$2,000,000 for fiscal year 1999’’ and 
inserting ‘‘such sums as may be necessary for fiscal year 2009’’; 
and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five suc-
ceeding’’. 
(j) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECH-
NICAL INSTITUTIONS.— 
(1) IN
GENERAL.—The Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 
is amended by adding at the end the following: 
‘‘TITLE 
V—TRIBALLY 
CONTROLLED 
POSTSECONDARY CAREER AND TECH-
NICAL INSTITUTIONS 
‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY 
CAREER AND TECHNICAL INSTITUTION. 
‘‘In this title, the term ‘tribally controlled postsecondary 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 CAREER AND 
TECHNICAL INSTITUTIONS PROGRAM. 
‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 
for fiscal year 2009 and each fiscal year thereafter, the Secretary 
shall— 
‘‘(1) subject to subsection (b), select two tribally controlled 
postsecondary career and technical institutions to receive assist-
ance under this title; and 
‘‘(2) provide funding to the selected tribally controlled post-
secondary career and technical institutions to pay the costs 
(including institutional support costs) of operating postsec-
ondary career and technical education programs for Indian 
students at the tribally controlled postsecondary career and 
technical institutions. 
‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 
‘‘(1) REQUIREMENT.—For each fiscal year during which the 
Secretary determines that a tribally controlled postsecondary 
career and technical institution described in paragraph (2) 
meets the definition 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 two tribally controlled postsec-
ondary career and technical institutions referred to in para-
graph (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
H. R. 4137—387 
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.— 
‘‘(1) IN
GENERAL.—For fiscal year 2009 and each fiscal 
year thereafter, of amounts made available pursuant to section 
504, the Secretary shall distribute to each tribally controlled 
postsecondary career 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 distributed under paragraph (1) 
to the tribally controlled postsecondary career and technical 
institutions selected for the fiscal year under subsection (a)(1), 
the Secretary shall distribute to each tribally controlled postsec-
ondary career and technical institution selected for that fiscal 
year a portion of the excess amount, to be determined by— 
‘‘(A) dividing the excess amount by the aggregate 
Indian student count (as defined in section 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 
academic year; and 
‘‘(B) multiplying the quotient described in subpara-
graph (A) by the Indian student count of each such institu-
tion for the prior academic year. 
‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 
‘‘(a) IN GENERAL.—Paragraphs (4) and (8) of subsection (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
EDUCATION
ASSIST-
ANCE.—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 existence on the 
date of enactment of the Higher Education Opportunity Act. 
‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt of, assistance 
under this title shall not preclude the eligibility of a tribally con-
trolled postsecondary career and technical institution to receive 
Federal financial assistance 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
H. R. 4137—388 
‘‘(3) any other applicable program under which a benefit 
is provided for— 
‘‘(A) institutions of higher education; 
‘‘(B) community colleges; or 
‘‘(C) postsecondary educational institutions. 
‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums as are 
necessary for fiscal year 2009 and each fiscal year thereafter to 
carry out this title.’’. 
(2) CONFORMING AMENDMENTS.—Section 117 of the Carl 
D. Perkins Career and Technical Education Act of 2006 (20 
U.S.C. 2327) is amended— 
(A) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) GRANT PROGRAM.—Subject to the availability of appropria-
tions, the Secretary shall make grants under this section, to provide 
basic support for the education and training of Indian students, 
to tribally controlled postsecondary career and technical institutions 
that are not receiving Federal assistance as of the date on which 
the grant is provided under— 
‘‘(1) title I of the Tribally Controlled Colleges and Univer-
sities 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 inserting the fol-
lowing: 
‘‘(d) APPLICATIONS.—To be eligible to receive a grant under 
this section, a tribally controlled postsecondary career and technical 
institution that is not receiving Federal assistance under title I 
of the Tribally Controlled Colleges and Universities Assistance Act 
of 1978 (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 
application at such time, in such manner, and containing such 
information as the Secretary may require.’’. 
(k) SHORT TITLE.— 
(1) IN GENERAL.—The first section of the Tribally Controlled 
College or University Assistance Act of 1978 (25 U.S.C. 1801 
note; Public Law 95–471) is amended to read as follows: 
‘‘SECTION 1. SHORT TITLE. 
‘‘This Act may be cited as the ‘Tribally Controlled Colleges 
and Universities Assistance Act of 1978’.’’. 
(2) TECHNICAL AMENDMENTS.— 
(A) EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT 
OF 1994.—Section 533(c)(4)(A) of the Equity in Educational 
Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is 
amended by striking ‘‘Tribally Controlled College or Univer-
sity Assistance Act of 1978’’ and inserting ‘‘Tribally Con-
trolled Colleges and Universities Assistance Act of 1978’’. 
(B) NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT.— 
Section 10(b)(2) of the National Museum of the American 
Indian Act (20 U.S.C. 80q-8(b)(2)) is amended by striking 
‘‘tribally controlled community colleges (as defined in sec-
tion 2 of the Tribally Controlled Community College Assist-
ance Act of 1978)’’ and inserting ‘‘tribally controlled colleges 
or universities (as defined in section 2(a) of the Tribally
H. R. 4137—389 
Controlled Colleges and Universities Assistance Act of 
1978)’’. 
(C) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.— 
Section 602(17)(B) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401(17)(B)) is amended— 
(i) by striking ‘‘community college’’ and inserting 
‘‘college or university’’; and 
(ii) by striking ‘‘the Tribally Controlled College 
or University Assistance Act of 1978’’ and inserting 
‘‘the Tribally Controlled Colleges and Universities 
Assistance Act of 1978’’. 
(D) CARL
D. PERKINS
CAREER
AND
TECHNICAL
EDU-
CATION
ACT
OF
2006.—The Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) 
is amended— 
(i) in section 3(33) (20 U.S.C. 2302(33)), by striking 
‘‘the Tribally Controlled College or University Assist-
ance Act of 1978’’ and inserting ‘‘the Tribally Controlled 
Colleges and Universities Assistance Act of 1978’’; 
(ii) in section 117 (20 U.S.C. 2327), by striking 
‘‘the Tribally Controlled College or University Assist-
ance Act of 1978’’ each place the term appears and 
inserting ‘‘the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978’’; and 
(iii) in section 203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C. 
2373(a)(1)(B)(i)(I)(bb)(AA)), by striking ‘‘the Tribally 
Controlled College or University Assistance Act of 
1978’’ and inserting ‘‘the Tribally Controlled Colleges 
and Universities Assistance Act of 1978’’. 
(E) OMNIBUS
EDUCATION
RECONCILIATION
ACT
OF 
1981.—Section 528 of the Omnibus Education Reconciliation 
Act of 1981 (20 U.S.C. 3489) is amended by striking ‘‘the 
Tribally Controlled’’ and all that follows through ‘‘1978’’ 
and inserting ‘‘the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978’’. 
(F) ELEMENTARY AND SECONDARY EDUCATION ACT OF 
1965.—The Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) is amended— 
(i) in section 3301(3) (20 U.S.C. 7011(3)), by 
striking ‘‘the Tribally Controlled College or University 
Assistance Act of 1978’’ and inserting ‘‘the Tribally 
Controlled Colleges and Universities Assistance Act 
of 1978’’; and 
(ii) 
in 
section 
7134(b)(1)(A) 
(20 
U.S.C. 
7454(b)(1)(A)), by striking ‘‘the Tribally Controlled Col-
lege or University Assistance Act of 1978’’ and inserting 
‘‘the Tribally Controlled Colleges and Universities 
Assistance Act of 1978’’. 
(G) 
AUGUSTUS
F. 
HAWKINS-ROBERT
T. 
STAFFORD 
ELEMENTARY
AND
SECONDARY
SCHOOL
IMPROVEMENT 
AMENDMENTS OF 1988.—Section 5404(a)(1) of the Augustus 
F. Hawkins-Robert T. Stafford Elementary and Secondary 
School Improvement Amendments of 1988 (25 U.S.C. 13d– 
2(a)(1)) is amended by striking ‘‘the Tribally Controlled’’ 
and all that follows through ‘‘1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’.
H. R. 4137—390 
(H) INDIAN
SELF-DETERMINATION
AND
EDUCATION 
ASSISTANCE ACT.—Section 403(b)(4)(A) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
458cc(b)(4)(A)) is amended by striking ‘‘the Tribally Con-
trolled’’ and all that follows through ‘‘1978’’ and inserting 
‘‘the Tribally Controlled Colleges and Universities Assist-
ance Act of 1978’’. 
(I) INDIAN
HEALTH
CARE
IMPROVEMENT
ACT.—The 
Indian Health Care Improvement Act (25 U.S.C. 1601 et 
seq.) is amended— 
(i) in section 113(b)(1) (25 U.S.C. 1616f(b)(1)), by 
striking ‘‘tribally-controlled’’ and all that follows 
through ‘‘1978)’’ and inserting ‘‘tribally controlled col-
leges or universities (within the meaning of section 
2(a)(4) of the Tribally Controlled Colleges and Univer-
sities Act of 1978)’’; 
(ii) in section 115(e) (25 U.S.C. 1616h(e)(2))— 
(I) in paragraph (1)(A), by striking ‘‘a tribally 
controlled community college’’ and inserting ‘‘a 
junior or community college that is a tribally con-
trolled college or university’’; and 
(II) by striking paragraph (2) and inserting 
the following: 
‘‘(2) The term ‘tribally controlled college or university’ has 
the meaning given to such term by section 2(a)(4) of the Tribally 
Controlled Colleges and Universities Assistance Act of 1978.’’; 
and 
(iii) by striking paragraph (3) of section 711(g) 
(25 U.S.C. 1665j(g)) and inserting the following: 
‘‘(3) The term ‘tribally controlled community college’ means 
a community college that is a tribally controlled college or 
university, as such term is defined in section 2(a)(4) of the 
Tribally Controlled Colleges and Universities Assistance Act 
of 1978.’’. 
(J) INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
PREVENTION ACT.—Section 411(d)(5)(C) of the Indian Child 
Protection and Family Violence Prevention Act (25 U.S.C. 
3210(d)(5)(C)) is amended by striking ‘‘tribally controlled’’ 
and all that follows through the semicolon at the end 
and inserting ‘‘tribally controlled college or university 
(within the meaning of section 2 of the Tribally Controlled 
Colleges and Universities Assistance Act of 1978);’’. 
(K) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 3(11) 
of the Assistive Technology Act of 1998 (29 U.S.C. 3002(11)) 
is amended by striking ‘‘the Tribally Controlled College 
or University Assistance Act of 1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
(L) ATOMIC
ENERGY
ACT
OF
1954.—Section 244(a)(3) 
of the Atomic Energy Act of 1954 (42 U.S.C. 2015c(a)(3)) 
is amended by striking ‘‘the Tribally Controlled College 
or University Assistance Act of 1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
(M) DEPARTMENT
OF
ENERGY
SCIENCE
EDUCATION 
ENHANCEMENT ACT.—Section 3167(a)(5) of the Department 
of Energy Science Education Enhancement Act (42 U.S.C.
H. R. 4137—391 
7381c–1(a)(5)) is amended by striking ‘‘the Tribally Con-
trolled College Assistance Act of 1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
(N) ED 1.0 ACT.—The ED 1.0 Act (47 U.S.C. 902 note) 
is amended in subsection (a)(2)(C) by striking ‘‘the Tribally 
Controlled College or University Assistance Act of 1978’’ 
and inserting ‘‘the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978’’. 
Subpart 2—Navajo Higher Education 
SEC. 945. SHORT TITLE. 
This subpart may be cited as the ‘‘Navajo Nation Higher Edu-
cation Act of 2008’’. 
SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE 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 College’’ and 
inserting ‘‘Dine´ College’’. 
(b) GRANTS.—Section 3 of the Navajo Community College Act 
(25 U.S.C. 640b) is amended— 
(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 inserting ‘‘Navajo 
Nation’’; and 
(B) by striking ‘‘Navajo Indians’’ and inserting ‘‘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 Community 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 College Assistance Act 
of 1978’’ and inserting ‘‘October 1, 2007’’; and 
(3) in subsection (c), in the first sentence, by striking ‘‘the 
Navajo Community College’’ and inserting ‘‘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
H. R. 4137—392 
‘‘such sums as are necessary for fiscal years 2009 through 
2014.’’; 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 infrastructure, classrooms, and external 
structures (such as walkways).’’; 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph (A)— 
(i) by striking ‘‘the Navajo Community College’’ 
and inserting ‘‘Dine´ College’’; and 
(ii) by striking ‘‘, for each fiscal year’’ and all 
that follows through ‘‘for—’’ and inserting ‘‘such sums 
as are necessary for fiscal years 2009 through 2014 
to pay the cost of—’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘college’’ and inserting ‘‘College’’; 
(ii) in clauses (i) and (iii), by striking the commas 
at the ends of the clauses and inserting semicolons; 
and 
(iii) in clause (ii), by striking ‘‘, and’’ at the end 
and inserting ‘‘; and’’; 
(C) in subparagraph (B), by striking the comma at 
the end and inserting a semicolon; 
(D) in subparagraph (C), by striking ‘‘, and’’ at the 
end and inserting a semicolon; 
(E) in subparagraph (D), by striking the period at 
the end and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(E) improving and expanding the College, including 
by providing, for the Navajo people and others in the 
community of the College— 
‘‘(i) higher education programs; 
‘‘(ii) career and technical education; 
‘‘(iii) activities relating to the preservation and 
protection of the Navajo language, philosophy, and cul-
ture; 
‘‘(iv) employment and training opportunities; 
‘‘(v) economic development and community out-
reach; and 
‘‘(vi) a safe learning, working, and living environ-
ment.’’; and 
(3) in subsection (c), by striking ‘‘the Navajo Community 
College’’ and inserting ‘‘Dine´ College’’. 
(e) EFFECT ON OTHER LAWS.—Section 6 of the Navajo Commu-
nity College Act (25 U.S.C. 640c–2) is amended— 
(1) by striking ‘‘the Navajo Community College’’ each place 
it appears and inserting ‘‘Dine´ College’’; and 
(2) in subsection (b), by striking ‘‘college’’ and inserting 
‘‘College’’. 
(f) PAYMENTS; INTEREST.—Section 7 of the Navajo Community 
College Act (25 U.S.C. 640c–3) is amended by striking ‘‘the Navajo 
Community College’’ each place it appears and inserting ‘‘Dine´ 
College’’.