VOCATIONAL EDUCATION OPPORTUNITIES FOR INDIANS AND ALASKA NATIVES.

SEC. 311. VOCATIONAL EDUCATION OPPORTUNITIES FOR INDIANS AND ALASKA NATIVES. Title III of the Act (as amended by sections 308, 309 and 310 of this Act) (20 U.S.C. 2351) is further amended by adding at the end the following new part: “PART H— TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS “SEC. 381. SHORT TITLE. “This part may be cited as the ‘Tribally Controlled Vocational Institutions Support Act of 1990’. 104 STAT. 800 “SEC. 382. PURPOSE. “It is the purpose of this part to provide grants for the operation and improvement of tribally controlled postsecondary vocational institutions to ensure continued and expanded educational opportunities for Indian students, and to allow for the improvement and expansion of the physical resources of such institutions. “SEC. 383. GRANTS AUTHORIZED. “(a) General Authority.— The Secretary shall, subject to the availability of appropriations, make grants pursuant to this section to tribally controlled postsecondary vocational institutions to provide basic support for the education and training of Indian students. “(b) Use of Grants.— Amounts made available under grants made pursuant to this section may be used for— “(1) training costs; “(2) educational costs; “(3) equipment costs; “(4) administrative costs; and “(5) costs of operation and maintenance of the institution. “Sec. 384. ELIGIBLE GRANT RECIPIENTS. “To be eligible for assistance under this part a tribally controlled postsecondary vocational institution shall— “(1) be governed by a board of directors or trustees, a majority of whom are Indians; “(2) demonstrate adherence to stated goals, a philosophy or a plan of operation which fosters individual Indian economic and self-sufficiency opportunity, including programs which are appropriate to stated tribal goals of developing individual entrepreneurships and self-sustaining economic infrastructures on reservations; “(3) have been in operation for at least 3 years; “(4) hold accreditation with or be a candidate for accreditation by a nationally recognized accrediting authority for post-secondary vocational education; and “(5) enroll the full-time equivalency of not less than 100 students, of whom a majority are Indians. “SEC. 385. GRANTS TO TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS. “(a) Applications.— Any tribally controlled postsecondary vocational institution that desires to receive a grant under this part shall submit an application to the Secretary. Such application shall include a description of recordkeeping procedures for the expenditure of funds received under this part which will allow the Secretary to audit and monitor programs. “(b) Initial Grants.— In the first year for which amounts are appropriated to carry out this part, the number of grants issued shall be not less than 2. “(c) Consultation.— In making grants pursuant to this part, the Secretary shall, to the extent practicable, consult with the boards of trustees and the tribal governments chartering the institutions being considered. “(d) Limitation.— Amounts made available under grants made pursuant to this part shall not be used in connection with religious worship or sectarian instruction. 104 STAT. 801 “SEC. 386. AMOUNT OF GRANTS. “(a) Allowable Expenses.— Except as provided in subsection (d), the Secretary shall, subject to the availability of appropriations, provide for each program year to each tribally controlled vocational institution having an application approved by the Secretary, an amount necessary to pay expenses associated with— “(1) the maintenance and operation of the program, including development costs, costs of basic and special instruction (including special programs for individuals with handicaps and academic instruction), materials, student costs, administrative expenses, boarding costs, transportation, student services, day care and family support programs for students and their families (including contributions to the costs of education for dependents); “(2) capital expenditures, including operations and maintenance and minor improvements and repair, physical plant maintenance costs; and “(3) costs associated with repair, upkeep, replacement, and upgrading of the instructional equipment. “(b) Payments.— (1) For each fiscal year, the Secretary shall provide amounts to institutions that are approved for grants under section 385 in 2 payments. “(2) (A) The first payment shall be made before the end of the 30-day period beginning on the date of the enactment of an Act providing appropriations for such fiscal year for purposes of carrying out this part. Except as provided in subparagraph (B), such payment shall be in an amount that is equal to at least 50 percent of the amount determined to be required under subsection (a) for the preceding year. “(B) In the first year that an institution receives a grant under this part, the Secretary shall determine the amount of the first payment by estimating the costs described in subsection (a) based upon information submitted by the institution. “(3) Each institution that receives a grant under section 385 shall receive a final payment of amounts to which it is entitled based on its costs under subsection (a) not later than January 1 of the fiscal year in which the costs are incurred. “(c) Accounting.— Each institution receiving payments under this part shall annually provide to the Secretary an accurate and detailed accounting of its operating and maintenance expenses and such other information concerning costs as the Secretary may reasonably require. “(d) Additional Grants Authorized.— (1) After providing grants to all eligible institutions under subsection (a), the Secretary shall, from any amounts remaining— “(A) first allocate to institutions receiving their first grant under this part an amount equal to the training equipment costs necessary to implement training programs; and “(B) from any remaining funds, review training equipment needs at each institution receiving assistance under this part at the end of the 5-year period beginning on the first day of the first year for which the institution received a grant under this part, and provide allocations for other training equipment needs if it is demonstrated by the institution that its training equipment has become obsolete for its purposes, or that the development of other training programs is appropriate. 104 STAT. 802 “(2) For the purposes of carrying out this subsection, the Secretary may require from each institution the submission of such information relating to the feasibility of such training programs as is reasonable and practical. “SEC. 387. EFFECT ON OTHER PROGRAMS. “(a) In General.— Except as specifically provided in this Act, eligibility for assistance under this part shall not preclude any tribally controlled postsecondary vocational institution from receiving Federal financial assistance under any program authorized under the Higher Education Act of 1965 or any other applicable program for the benefit of institutions of higher education or vocational education. “(b) Prohibition on Alteration of Grant Amount.— The amount of any grant for which tribally controlled postsecondary vocational institutions are eligible under this part shall not be altered because of funds allocated to any such institution from funds appropriated under the Act of November 2, 1921. “(c) Prohibition on Contract Denial.— No tribally controlled postsecondary vocational institution for which an Indian tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under the Act of November 2, 1921, may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds. “Sec. 388. GRANT ADJUSTMENTS. “(a) Allocation.— (1) If the sums appropriated for any fiscal year for grants under this part are not sufficient to pay in full the total amount which approved applicants are eligible to receive under this part for such fiscal year, the Secretary shall first allocate to each such applicant which received funds under this part for the preceding fiscal year an amount equal to 100 percent of the product of the per capita payment for the preceding fiscal year and such applicant’s Indian student count for the current program year, plus an amount equal to the actual cost of any increase to the per capita figure resulting from inflationary increases to necessary costs beyond the institution’s control. “(2) For purposes of paragraph (1), the per capita payment for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled postsecondary vocational institutions under this part for such program year by the sum of the Indian student counts of such institutions for such program year. The Secretary shall, on the basis of the most accurate data available from the institutions, compute the Indian student count for any fiscal year for which such count was not used for the purpose of making allocations under this part. “(b) Needs Estimate.— The Secretary shall, based on the most accurate data available from the institutions and Indian tribes whose Indian students are served under this part, in consideration of employment needs, economic development needs, population training needs, prepare an actual budget needs estimate for each institution eligible under this part for each subsequent program year, and submit such budget needs estimate to the Congress in such a timely manner as will enable the appropriate committees of the 104 STAT. 803Congress to consider such needs data for purposes of the uninterrupted flow of adequate appropriations to such institutions. “SEC. 389. REPORT ON FACILITIES AND FACILITIES IMPROVEMENT. “(a) Study of Training and Housing Needs.— (1) The Secretary shall conduct a detailed study of the training and housing needs of each institution eligible under this part. “(2) The study required by paragraph (1) shall include an examination of— “(A) training equipment needs; and “(B) housing needs of families whose heads of household are students and whose dependents have no alternate source of support while such heads of household are students. “(3) The Secretary shall report to the Congress not later than July 1, 1991, on the results of the study required by paragraph (1). “(4) The report required by paragraph (3) shall— “(A) include the number, type, and cost of meeting the needs described in paragraph (2); and “(B) rank each institution by relative need. “(5) In conducting the study required by paragraph (1), the Secretary shall give priority to institutions which are receiving assistance under this part. “(b) Long-Term Study of Facilities.— (1) The Secretary shall provide for the conduct of a long-term study of facilities of each institution eligible for assistance under this part. “(2) The study required by paragraph (1) shall include a 5-year projection of training facilities and equipment and housing needs and shall consider such factors as projected service population, employment and economic development forecasting, based on the most current and accurate data available from the institutions and Indian tribes affected. “(3) The Secretary shall submit to the Congress a detailed report on the results of such study not later than the end of the 18-month period beginning on the date of the enactment of this Act. “(4) The Secretary shall submit to the Congress a progress report not less often than once every 6 months, beginning on the date of the enactment of this Act, concerning activities conducted pursuant to this section. “(c) Construction and Renovation Grants.— Pursuant to the studies conducted and the report submitted under subsections (a) and (b), the Secretary is authorized to make grants to the tribally controlled vocational institutions for construction, rehabilitation, major alterations and renovation of buildings and other physical structures for the conduct of programs funded under this part. Such grants shall be made in such time and pursuant to such applications as the Secretary shall by regulation determine. “SEC. 390. DEFINITIONS. “For the purposes of this part: “(1) The terms ‘Indian’ and ‘Indian tribe’ have the meaning given such terms in section 2 of the Tribally Controlled Community College Assistance Act of 1978. “(2) The term ‘tribally controlled postsecondary vocational institution’ means an institution of higher education which is formally controlled, or has been formally sanctioned or chartered by the governing body of an Indian tribe or tribes which offers technical degrees or certificate granting programs. 104 STAT. 804 “(3) The term ‘Indian student count’ means a number equal to the total number of Indian students enrolled in each tribally controlled vocational institution, determined as follows: “(A) The registrations of Indian students as in effect on October 1 of each year. “(B) Credits or clock hours toward a certificate earned in classes offered during a summer term shall be counted toward the computation of the Indian student count in the succeeding fall term. “(C) Credits or clock hours toward a certificate earned in classes during a summer term shall be counted toward the computation of the Indian student count if the institution at which the student is in attendance has established criteria for the admission of such student on the basis of the student’s ability to benefit from the education or training offered. The institution shall be presumed to have established such criteria if the admission procedures for such studies include counseling or testing that measures the student’s aptitude to successfully complete the course in which the student has enrolled. No credit earned by such student for purposes of obtaining a high school degree or its equivalent shall be counted toward the computation of the Indian student count. “(D) Indian students earning credits in any continuing education program of a tribally controlled vocational institution shall be included in determining the sum of all credit or clock hours. “(E) Credits or clock hours earned in a continuing education program shall be converted to the basis that is in accordance with the institution’s system for providing credit for participation in such programs.”.