for completion of vocational-technical education
programs.
‘‘(g) CONSOLIDATION OF FUNDS.—Each entity re-
ceiving assistance under this section may consolidate such
assistance with assistance received from related programs
in accordance with the provisions of the Indian Employ-
ment, Training and Related Services Demonstration Act
of 1992 (25 U.S.C 3401 et seq.).
‘‘(h) NONDUPLICATIVE AND NONEXCLUSIVE SERV-
ICES.—Nothing in this section shall be construed—
‘‘(1) to limit the eligibility of any entity de-
scribed in subsection (c) to participate in any activ-
ity offered by a State or local entity under this title;
or
‘‘(2) to preclude or discourage any agreement,
between any entity described in subsection (c) and
any State or local entity, to facilitate the provision
of services by such entity or to the population served
by such entity.
‘‘(i) NATIVE HAWAIIAN PROGRAMS.—From the funds
reserved pursuant to section 101(a)(1)(A)(ii), the Sec-
retary is directed to enter into contracts with organiza-
tions primarily serving and representing Native Hawaiian
Programs which are recognized by the Governor of the
State of Hawaii to plan, conduct, and administer pro-
grams, or portions thereof, which are authorized by and
consistent with the provisions of this section for the bene-
fit of Native Hawaiian Programs.’’.
SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCA-
TIONAL INSTITUTIONS.
Part A of title I of the Act is amended by adding
at the end the following:
‘‘SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCA-
TIONAL-TECHNICAL EDUCATION PROGRAMS.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall,
subject to the availability of appropriations, make grants
pursuant to this section to tribally controlled postsecond-
ary vocational-technical institutions to provide basic sup-
port for the education and training of Indian students.
‘‘(b) USE OF GRANTS.—Amounts made available pur-
suant to this section shall be used for vocational-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 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 cur-
rent program year, plus an amount equal to the ac-
tual cost of any increase to the per capita figure re-
sulting from inflationary increases to necessary costs
beyond the institution’s control.
‘‘(2) PER
CAPITA
DETERMINATION.—For the
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-technical 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 institu-
tions, compute the Indian student count for any fis-
cal year for which such count was not used for the
purpose of making allocations under this section.
‘‘(d) ELIGIBLE GRANT RECIPIENTS.—To be eligible
for assistance under this section a tribally controlled post-
secondary vocational-technical institution shall—
‘‘(1) be governed by a board of directors or
trustees, a majority of whom are Indians;
‘‘(2) have been in operation for at least 3 years;
‘‘(3) hold accreditation with or be a candidate
for accreditation by a nationally recognized accredit-
ing authority for postsecondary vocational-technical
education; and
‘‘(4) enroll the full-time equivalent of not less
than 100 students, of whom a majority are Indians.
‘‘(e) APPLICATIONS.—Any tribally controlled post-
secondary vocational-technical institution that desires to
receive a grant under this section shall submit an applica-
tion to the Secretary in such manner and form as the Sec-
retary may require.
‘‘(f) OTHER PROGRAMS.—
‘‘(1) IN GENERAL.—Except as specifically pro-
vided in this Act, eligibility for assistance under this
section shall not preclude any tribally controlled
postsecondary vocational-technical institution from
receiving Federal financial assistance under any pro-
gram authorized under the Higher Education Act of
1965 or any other applicable program for the benefit
of institutions of higher education or vocational-tech-
nical education.
‘‘(2) PROHIBITION ON ALLOCATION OF GRANT
AMOUNT.—The amount of any grant for which trib-
ally controlled postsecondary vocational-technical in-
stitutions are eligible under this subpart shall not be
altered because of funds allocated to any such insti-
tution from funds appropriated under the Act of No-
vember 2, 1921.
‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No
tribally controlled postsecondary vocational-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 appropriate contract support to administer
such portion of the appropriated funds.
‘‘(g) DEFINITIONS.—For the purposes of this section:
‘‘(1) INDIAN.—The terms ‘Indian’ and ‘Indian
tribe’ have the meanings given such terms in section
2 of the Tribally Controlled Community College As-
sistance Act of 1978.
‘‘(2) TRIBALLY CONTROLLED POSTSECONDARY
VOCATIONAL-TECHNICAL
INSTITUTION.—The term
‘tribally controlled postsecondary vocational-technical
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.
‘‘(3) INDIAN STUDENT COUNT.—The term ‘In-
dian student count’ means a number equal to the
total number of Indian students enrolled in each
tribally controlled vocational-technical institution,
determined as follows:
‘‘(A) REGISTRATIONS.—The registrations
of Indian students as in effect on October 1 of
each year.
‘‘(B) SUMMER
TERM.—Credits or clock
hours toward a certificate earned in classes of-
fered 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 class-
es during a summer term shall be counted to-
ward 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 pre-
sumed to have established such criteria if the
admission procedures for such studies include
counseling or testing that measures the stu-
dent’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) DETERMINATION OF HOURS.—Indian
students earning credits in any continuing edu-
cation program of a tribally controlled voca-
tional-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 converted to the basis that is
in accordance with the institution’s system for
providing credit for participation in such pro-
grams.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated not more than
$4,000,000 for fiscal year 1998 and such sums as may
be necessary for each of the 4 succeeding fiscal years to
carry out the provisions of this section.’’.