 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                    Part A--Allotment and Allocation
 
Sec. 2327. 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 institutions 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 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 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.

(d) Applications

    Any tribally controlled postsecondary vocational 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 availability 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, transportation, student 
        services, daycare and family support programs for students and 
        their families (including contributions 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 programs 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 chapter, eligibility for 
    assistance under this section shall not preclude any tribally 
    controlled postsecondary vocational and technical institution from 
    receiving Federal financial assistance under any program authorized 
    under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.], 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 section 13 of 
    title 25.

                 (3) Prohibition on contract denial

        No tribally controlled 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 
    section 13 of title 25 may be denied a contract for such portion 
    under the Indian Self-Determination and Education Assistance Act [25 
    U.S.C. 450 et seq.] (except as provided in that Act), or denied 
    appropriate contract support to administer such portion of the 
    appropriated funds.

(g) Needs estimate and report on facilities and facilities improvement

                         (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 development 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 institutions. Such data shall 
    take into account the purposes and requirements of part A of title 
    IV of the Social Security Act [42 U.S.C. 601 et seq.].

               (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 section. 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 institution 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 current and accurate data available from the 
        institutions and Indian tribes affected.

        (C) Submission

            The Secretary shall submit to Congress a detailed report on 
        the results of such study not later than the end of the 18-month 
        period beginning on October 31, 1998.\1\
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    \1\ See Codification note below.
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(h) Definitions

    In this section:

                             (1) Indian

        The terms ``Indian'' and ``Indian tribe'' have the meanings 
    given the terms in section 1801 of title 25.

                      (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 vocational and 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 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 
        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 secondary 
        school degree or its recognized equivalent shall be counted 
        toward the computation of the Indian student count.

        (D) Determination of hours

            Indian students earning credits in any continuing education 
        program of a tribally 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 converted to the basis that is in accordance 
        with the institution'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 such sums as may be necessary for 
each of the 4 succeeding fiscal years.

(Pub. L. 88-210, title I, Sec. 117, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3097; amended Pub. L. 106-554, Sec. 1(a)(1) 
[title III, Sec. 310], Dec. 21, 2000, 114 Stat. 2763, 2763A-46.)

                       References in Text

    The Higher Education Act of 1965, referred to in subsec. (f)(1), is 
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is 
classified principally to chapter 28 (Sec. 1001 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1001 of this title and Tables.
    The Indian Self-Determination and Education Assistance Act, referred 
to in subsec. (f)(3), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as 
amended, which is classified principally to subchapter II (Sec. 450 et 
seq.) of chapter 14 of Title 25, Indians. For complete classification of 
this Act to the Code, see Short Title note set out under section 450 of 
Title 25 and Tables.
    The Social Security Act, referred to in subsec. (g)(1), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the 
Act is classified generally to part A (Sec. 601 et seq.) of subchapter 
IV of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.

                          Codification

    October 31, 1998, referred to in subsec. (g)(3)(C), was in the 
original ``the date of enactment of this Act'' which was translated as 
meaning the date of enactment of Pub. L. 105-332, which amended this 
chapter generally, to reflect the probable intent of Congress.


                            Prior Provisions

    Provisions similar to this section were contained in section 2397 et 
seq. of this title, prior to the general amendment of this chapter by 
Pub. L. 105-332.
    A prior section 2327, Pub. L. 88-210, title I, Sec. 117, as added 
Pub. L. 101-392, title I, Sec. 116, Sept. 25, 1990, 104 Stat. 772, 
related to program evaluation and improvement, prior to the general 
amendment of this chapter by Pub. L. 105-332. See section 2343 of this 
title.


                               Amendments

    2000--Subsec. (i). Pub. L. 106-554 inserted ``such sums as may be 
necessary for'' before ``each of the 4 succeeding fiscal years''.

                  Section Referred to in Other Sections

    This section is referred to in section 2307 of this title.
