H. R. 1853—22
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et
seq.).
‘‘(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing
in this section shall be construed—
‘‘(1) to limit the eligibility of any organization, tribe, or
entity described in subsection (b) to participate in any activity
offered by an eligible agency or eligible recipient under this
title; or
‘‘(2) to preclude or discourage any agreement, between any
organization, tribe, or entity described in subsection (b) and
any eligible agency or eligible recipient, to facilitate the provi-
sion of services by such eligible agency or eligible recipient
to the population served by such eligible agency or eligible
recipient.
‘‘(h) NATIVE HAWAIIAN PROGRAMS.—From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award grants
to or enter into contracts with organizations primarily serving and
representing Native Hawaiians which are recognized by the Gov-
ernor of the State of Hawaii to plan, conduct, and administer
programs, or portions thereof, which are authorized by and consist-
ent with the provisions of this section for the benefit of Native
Hawaiians.
‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
AND TECHNICAL INSTITUTIONS.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall, subject to the
availability of appropriations, make grants pursuant to this section
to tribally controlled postsecondary vocational and technical institu-
tions to provide basic support for the education and training of
Indian students.
‘‘(b) USE OF GRANTS.—Amounts made available pursuant to
this section shall be used for vocational and technical education
programs.
‘‘(c) AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—If the sums appropriated for any fiscal
year for grants under this section are not sufficient to pay
in full the total amount which approved applicants are eligible
to receive under this section for such fiscal year, the Secretary
shall first allocate to each such applicant who 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) PER CAPITA DETERMINATION.—For the purposes of para-
graph (1), the per capita payment for any fiscal year shall
be determined by dividing the amount available for grants
to tribally controlled postsecondary vocational and technical
institutions under this section 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 section.
H. R. 1853—23
‘‘(d) APPLICATIONS.—Any tribally controlled postsecondary voca-
tional and technical institution that desires to receive a grant
under this section shall submit an application to the Secretary
in such manner and form as the Secretary may require.
‘‘(e) EXPENSES.—
‘‘(1) IN GENERAL.—The Secretary shall, subject to the avail-
ability of appropriations, provide for each program year to
each tribally controlled postsecondary vocational and technical
institution having an application approved by the Secretary,
an amount necessary to pay expenses associated with—
‘‘(A) the maintenance and operation of the program,
including development costs, costs of basic and special
instruction (including special programs for individuals with
disabilities and academic instruction), materials, student
costs, administrative expenses, boarding costs, transpor-
tation, student services, daycare and family support pro-
grams for students and their families (including contribu-
tions to the costs of education for dependents), and student
stipends;
‘‘(B) capital expenditures, including operations and
maintenance, and minor improvements and repair, and
physical plant maintenance costs, for the conduct of pro-
grams funded under this section; and
‘‘(C) costs associated with repair, upkeep, replacement,
and upgrading of the instructional equipment.
‘‘(2) ACCOUNTING.—Each institution receiving a grant under
this section shall provide annually to the Secretary an accurate
and detailed accounting of the institution’s operating and
maintenance expenses and such other information concerning
costs as the Secretary may reasonably require.
‘‘(f ) OTHER PROGRAMS.—
‘‘(1) IN GENERAL.—Except as specifically provided in this
Act, eligibility for assistance under this section shall not pre-
clude any tribally controlled postsecondary vocational and tech-
nical 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 and technical
education.
‘‘(2) PROHIBITION ON ALTERATION OF GRANT AMOUNT.—The
amount of any grant for which tribally controlled postsecondary
vocational and technical institutions are eligible under this
section shall not be altered because of funds allocated to any
such institution from funds appropriated under the Act of
November 2, 1921 (commonly known as the ‘Snyder Act’) (42
Stat. 208, chapter 115; 25 U.S.C. 13).
‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No tribally con-
trolled postsecondary vocational and technical 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 appro-
priate contract support to administer such portion of the appro-
priated funds.
‘‘(g) NEEDS ESTIMATE AND REPORT ON FACILITIES AND FACILI-
TIES IMPROVEMENT.—
H. R. 1853—24
‘‘(1) 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 section,
and in consideration of employment needs, economic develop-
ment needs, population training needs, and facilities needs,
prepare an actual budget needs estimate for each institution
eligible under this section for each subsequent program year,
and submit such budget needs estimate to Congress in such
a timely manner as will enable the appropriate committees
of Congress to consider such needs data for purposes of the
uninterrupted flow of adequate appropriations to such institu-
tions. Such data shall take into account the purposes and
requirements of part A of title IV of the Social Security Act.
‘‘(2) STUDY OF TRAINING AND HOUSING NEEDS.—
‘‘(A) IN
GENERAL.—The Secretary shall conduct a
detailed study of the training, housing, and immediate
facilities needs of each institution eligible under this sec-
tion. The study shall include an examination of—
‘‘(i) training equipment needs;
‘‘(ii) housing needs of families whose heads of
households are students and whose dependents have
no alternate source of support while such heads of
households are students; and
‘‘(iii) immediate facilities needs.
‘‘(B) REPORT.—The Secretary shall report to Congress
not later than July 1, 2000, on the results of the study
required by subparagraph (A).
‘‘(C) CONTENTS.—The report required by subparagraph
(B) shall include the number, type, and cost of meeting
the needs described in subparagraph (A), and rank each
institution by relative need.
‘‘(D) PRIORITY.—In conducting the study required by
subparagraph (A), the Secretary shall give priority to
institutions that are receiving assistance under this section.
‘‘(3) LONG-TERM STUDY OF FACILITIES.—
‘‘(A) IN GENERAL.—The Secretary shall provide for the
conduct of a long-term study of the facilities of each institu-
tion eligible for assistance under this section.
‘‘(B) CONTENTS.—The study required by subparagraph
(A) shall include a 5-year projection of training facilities,
equipment, and housing needs and shall consider such
factors as projected service population, employment, and
economic development forecasting, based on the most cur-
rent and accurate data available from the institutions and
Indian tribes affected.
‘‘(C) SUBMISSION.—The Secretary shall submit to Con-
gress a detailed report on the results of such study not
later than the end of the 18-month period beginning on
the date of enactment of this Act.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) INDIAN.—The terms ‘Indian’ and ‘Indian tribe’ have
the meanings given the terms in section 2 of the Tribally
Controlled College or University Assistance Act of 1978.
‘‘(2) INDIAN STUDENT COUNT.—The term ‘Indian student
count’ means a number equal to the total number of Indian
students enrolled in each tribally controlled postsecondary voca-
tional and technical institution, determined as follows:
H. R. 1853—25
‘‘(A) REGISTRATIONS.—The registrations of Indian stu-
dents as in effect on October 1 of each year.
‘‘(B) SUMMER
TERM.—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) ADMISSION
CRITERIA.—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 institu-
tion shall be presumed to have established such criteria
if the admission procedures for such studies include coun-
seling 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 secondary school degree or its recognized
equivalent shall be counted toward the computation of
the Indian student count.
‘‘(D) DETERMINATION OF HOURS.—Indian students earn-
ing credits in any continuing education program of a trib-
ally controlled postsecondary vocational and technical
institution shall be included in determining the sum of
all credit or clock hours.
‘‘(E) CONTINUING EDUCATION.—Credits or clock hours
earned in a continuing education program shall be con-
verted to the basis that is in accordance with the institu-
tion’s system for providing credit for participation in such
programs.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $4,000,000 for fiscal
year 1999 and each of the 4 succeeding fiscal years.
‘‘SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
‘‘(a) NATIONAL ACTIVITIES.—From funds appropriated under
subsection (f ), the Secretary, in consultation with appropriate Fed-
eral agencies, is authorized—
‘‘(1) to provide assistance to an entity to enable the entity—
‘‘(A) to provide technical assistance to State entities
designated under subsection (b) to enable the State entities
to carry out the activities described in subsection (b);
‘‘(B) to disseminate information that promotes the rep-
lication of high quality practices described in subsection
(b);
‘‘(C) to develop and disseminate products and services
related to the activities described in subsection (b); and
‘‘(2) to award grants to States that designate State entities
in accordance with subsection (b) to enable the State entities
to carry out the State level activities described in subsection
(b).
‘‘(b) STATE LEVEL ACTIVITIES.—In order for a State to receive
a grant under this section, the eligible agency and the Governor
of the State shall jointly designate an entity in the State—
‘‘(1) to provide support for a career guidance and academic
counseling program designed to promote improved career and