[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Pages 6404-6405]
[From the U.S. Government Publishing Office, www.gpo.gov]



TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND TECHNICAL INSTITUTIONS

  Mr. CONRAD. Mr. President, I would like to engage the Chair of the 
HELP Committee in a colloquy regarding eligibility for Section 117 of 
the Carl Perkins Vocational and Applied Technology Education Act. 
Section 117 authorizes funding for Tribally Controlled Postsecondary 
Vocational and Technical Institutions. The funds have been awarded 
annually to the two existing tribally controlled postsecondary 
vocational institutions that are devoted to providing vocational and 
technical education, United Tribes Technical College and Crownpoint 
Institute of Technology. Historically, these two institutions have not 
received assistance under the Tribally Controlled College and 
University Assistance Act, so the Perkins funds are key to their 
existence.
  On March 28, 2001, the Department of Education issued a Request for 
Proposals, RFP for funding under Section 117 that would open up funding 
for this program to the tribal colleges. The Department is operating 
under the mistaken view that the 1998 Perkins Amendments changed the 
previous Perkins law with regard to eligibility for these funds. In 
fact, it was not the intent of Congress to in any way alter eligibility 
for Section 117 funding when it enacted the 1998 Perkins Amendments. 
The members of the North Dakota and New Mexico delegations disagree 
with the Department and have written to Secretary Paige stating our 
view that the 1998 Perkins amendments did not change the eligibility 
for what is now the Section 117 program. Do the Chairman and Ranking 
Member of the HELP Committee agree with our view?
  Mr. JEFFORDS. Yes, I agree with the view of the North Dakota and New 
Mexico delegations. The 1998 amendments to the Perkins Act made no 
substantive changes to the Tribally Controlled Postsecondary Vocational 
Institutions section of the law concerning eligibility. The section 
that authorizes the grants retained the purpose of providing assistance 
solely to institutions whose focus is vocational and technical 
education.
  Mr. DOMENICI. The Crownpoint Institute of Technology and United 
Tribes Technical College depend on Perkins funding for their core 
operational funds, and the Department should not make radical changes 
in eligibility simply by issuing a new grant announcement. The 1992 
regulations for

[[Page 6405]]

the Tribally Controlled Postsecondary Vocational Institutions Program 
state, at 34 CFR 440.5, that tribal colleges are not eligible for these 
funds. The regulations have not been changed. Would the Ranking Member 
of the HELP Committee comment on this?
  Mr. KENNEDY. The senior Senator from New Mexico is correct. The 1992 
regulations have not been changed, nor has there been a need to change 
them because the 1998 Perkins Amendments made no changes concerning 
which institutions are eligible for the Tribally Controlled 
Postsecondary Vocational Institutions funding.
  Mr. DORGAN. I would like to inquire of the junior Senator from New 
Mexico and a member of the HELP Committee, what difference, if any, was 
made in the eligibility for the Tribally Controlled Postsecondary 
Vocational Institutions funding in 1998?
  Mr. BINGAMAN. No change was made. We included a parenthetical 
reference to the definition of ``institution of higher education,'' 
this has no practical effect as both the 1990 and 1998 Perkins laws 
require that a grant recipient be an institution of higher education. 
The Department should continue providing grants for Section 117 under 
the current regulations unless and until new regulations are issued 
pursuant to the Administrative Procedures Act. Crownpoint Institute of 
Technology and United Tribes Technical College were intended to be the 
only beneficiaries of this section.
  Mr. DORGAN. Thank you. I would like to include for the Record a copy 
of the letter from the North Dakota and New Mexico delegations to 
Secretary Paige on this matter. I would also like included in the 
Record a letter from Dr. Jim Shanley, President of the American Indian 
Higher Education Consortium, objecting to the Department's RFP that 
would open up the Section 117 program to the tribal colleges. Dr. 
Shanley notes that such an action would likely result in the closing of 
the doors of the tribally controlled postsecondary vocational 
institutions.
  The letters follow:

                                               Washington, DC,

                                                   March 27, 2001.
     Hon. Rod Paige,
     Secretary of Education, U.S. Department of Education, 
         Washington, DC.
       Dear Secretary Paige: We write to express serious concerns 
     about the process used by the Department of Education in 
     issuing the March 23, 2001, Federal Register grant 
     announcement for Section 117 of the Carl Perkins Vocational 
     and Technical Education Act. Section 117 is specific to 
     tribally controlled postsecondary vocational institutions, of 
     which there are two: United Tribes Technical College (UTTC) 
     and Crowpoint Institute of Technology (CIT).
       We understand that the March 23 notice has been withdrawn 
     for technical reasons but that the Department intends to 
     reissue the notice shortly. The March 23 notice makes drastic 
     changes in Section 117 eligibility and uses of funds that are 
     inconsistent with the existing program regulations in 34 CFR 
     Part 410. The eligible applicant pool would be expanded to 
     include tribally-controlled community colleges for the first 
     time and the uses of the funds would be restricted.
       If put into place, these changes could result in closure of 
     the two institutions that have depended on this funding for 
     their core operations. The Perkins funds support the ongoing 
     operations of UTTC and CIT, just as funding under the 
     Tribally Controlled Colleges and Universities Act supports 
     the ongoing operations of tribal colleges. We ask that you 
     not reissue the notice regarding Section 117 but rather 
     engage in a formal rulemaking process. Pending that, the FY 
     2001 Perkins funds should be issued under the current 
     regulations.
       We view the March 23 notice as an end-run around the 
     regulatory process; it is, in effect, a set of new 
     regulations without the benefit of any formal process or 
     consultation with the affected parties. The 1998 amendments 
     to the Perkins Act were signed into law on October 31, 1998--
     almost two-and-a-half years ago--and no regulations have been 
     issued. Now the Department asserts that the 1998 amendments 
     ``substantially revised'' the tribally controlled 
     postsecondary institutions program and wants to waive the 
     regulatory process on the grounds that there is no time to 
     issue regulations if the awards under Section 117 are to be 
     made in a timely manner. This is disingenuous and certainly 
     not in keeping with the federal government's policy of 
     working with tribes on a government-to-government basis, 
     including consultation with tribes and tribal organizations 
     on policy matters that will affect them.
       Again, we urge you to direct that the March 23 grant 
     announcement not be reissued but rather use the existing 
     regulations for Tribally Controlled Postsecondary Vocational 
     Institutions for this grant period. If the Department feels 
     that new regulations are warranted for the 1998 Perkins Act 
     Amendments, such regulations should be issued through the 
     Administrative Procedures Act in consultation with the 
     affected tribal parties.
       We appreciate your attention to this important matter.
           Sincerely,
     Kent Conrad,
     Pete Domenici,
     Byron L. Dorgan,
     Jeff Bingaman,
                                                      U.S. Senate.

     Earl Pomeroy,
     Tom Udall,
     U.S. House of Representatives.
                                  ____

                                                   American Indian


                                  Higher Education Consortium,

                                   Alexandria, VA, March 27, 2001.
     Mr. Robert Muller,
     Deputy Assistant Secretary (Acting), Office of Vocational and 
         Adult Education, Department of Education, Washington, DC.
       Dear Mr. Muller: On behalf of the 32 Tribal Colleges and 
     Universities, I am writing to request your assistance with a 
     serious matter involving our two tribally-controlled 
     postsecondary vocational institutions, United Tribes 
     Technical College (UTTC) and Crownpoint Institute of 
     Technology (CIT). It has come to my attention that your 
     office is about to publish a solicitation opening up 
     eligibility requirements for Title I, Sec. 117; therefore, 
     significantly changing the intent of the program. It is of 
     great concern that no consultation has been done with our 
     institutions on this matter. To make this change would 
     seriously jeopardize the funding for UTTC and CIT's core 
     operations and force their closure.
       Because of the immense ramifications of this action, we 
     strongly urge you to hold the solicitation to be published 
     March 28, 2002. We also request that appropriate consultation 
     occur with AIHEC, UTTC, and CIT as soon as possible so that 
     this matter can be resolved constructively and expeditiously.
       It is important to note the value of these two institutions 
     and their historic role in providing vocational education 
     opportunities to American Indian students. UTTC and CIT were 
     founded because of limited access to opportunities in 
     vocational education in serving their respective tribal 
     communities. However, because these two institutions are 
     vocational in nature and did not meet the eligibility 
     requirements of the Tribally Controlled College Assistance 
     Act for core operational support, Sec. 117 was created by 
     AIHEC's advocacy efforts on their behalf.
       Thank you for your immediate attention and consideration. 
     We look forward to your response. I can be reached at 703-
     980-4456/cell or 505-982-4411 until March 29th.
           Respectively,
                                                Dr. James Shanley,
     President.

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