Tribally Controlled Community College Assistance Act of 1978 Title I-Tribally Controlled Community Colleges Title III-Tribally Controlled Community College Endowment Program Title IV-Tribal Economic Development Higher Education Amendments of 1992 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may It is the purpose of this part to encourage partnerships be- (1) improve the retention and graduation rates at such sec- (2) improve the academic skills of public and private non- profit secondary school students; (3) increase such students' opportunities to continue a pro- (4) improve such students' prospects for employment after SEC. 102. [20 U.S.C. 1002] AGREEMENT. (a) AGREEMENT.-To be eligible for a grant under this part, an institution of higher education, a State higher education agency, or a consortium consisting of any of the preceding entities thereof shall enter into a written partnership agreement with a local edu- cational agency. Such partnership may include businesses, labor or- ganizations, professional associations, community-based organiza- tions, public television stations or other telecommunications enti- ties, or other public or private agencies or organizations. Each en- tity participating in the partnership shall sign the agreement. (b) CONTENTS OF AGREEMENT.-The agreement shall include (1) a listing of all participants in the partnership, includ- ing a designation of the official representatives of each entity 1This program was originally enacted as part B of title V of this Act (P.L. 99-498, sec. 501(a), 1 (2) a description of the responsibilities of each participant (3) a listing of the resources to be contributed by each par- SEC. 103. [20 U.S.C. 1003] GRANTS. (a) DIVISION BETWEEN SCHOOL-YEAR AND SUMMER PRO- GRAMS.-From the funds appropriated to carry out this part pursu- ant to section 106, the Secretary shall reserve 65 percent of such funds to carry out programs operating during the regular school year and 35 percent of such funds to carry out programs operating (b) AMOUNT AND USE OF GRANTS.— (1) AMOUNT.-The Secretary shall make grants under this part in amounts which are not less than $250,000 and not (2) PERMITTED USES OF FUNDS.-Grants under this part may be used by the partnership for programs that- (A) use college students to tutor secondary school stu- dents and improve their basic academic skills or to involve secondary school students in community service-learning (B) are designed to improve the basic academic skills (C) are designed to increase the understanding of spe- cific subjects of secondary school students; (D) are designed to improve the opportunity to con- (E) are designed to increase the prospects for employ- (c) PREFERENCES.-In making grants under this part, the Sec- (1) programs which will serve predominantly low-income (2) partnerships which will run programs during the regu- lar school year and summer; (3) programs which will serve educationally disadvantaged (4) programs designed to encourage women and minorities (d) DURATION.-Each grant awarded under this part may be awarded for a period not to exceed 5 years. (e) EQUITABLE GEOGRAPHIC DISTRIBUTION.-The Secretary shall award grants under this part in a manner that achieves an equitable geographic distribution of such grants. SEC. 104. [20 U.S.C. 1004] GRANT APPLICATION. (a) APPLICATION REQUIRED.-A partnership desiring to receive a grant under this part shall submit an application to the Sec- retary, in such form and providing such information as the Sec- (b) CONTENTS OF APPLICATION.-The application shall in- (1) the partnership agreement described in section 102; (2) a listing of the public and private nonprofit secondary school or schools to be involved in the program; (3) a description of the activities and services for which as- (4) a description of the programs to be developed and oper- (5) assurances to the Secretary that- (A) the partnership will establish a governing body in- cluding one representative of each participant in the part- (B) Federal funds will provide no more than 70 per- (C) a local educational agency or institution of higher education receiving funds under this part shall not reduce its combined fiscal effort per student or its aggregate ex- (D) a local educational agency or institution of higher education participating in this partnership shall utilize any Federal funds it shall receive from a grant under this part to supplement, and, to the extent practicable, increase the resources that would, in the absence of such Federal (E) in no case shall funds under such a grant be used (c) SPECIAL RULE.-The non-Federal share of grants awarded (d) WAIVER.-The Secretary may waive the matching require- ment described in paragraph (5)(B) for any eligible partnership that demonstrates to the satisfaction of the Secretary a unique hardship that prevents compliance with such matching require- SEC. 105. [20 U.S.C. 1005] PEER REVIEW. The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations for funding to the Secretary. In selecting the peer review panel, the Secretary shall consult with officials of the other Federal agencies and with non-Federal organizations to ensure that the panel mem- bership shall be geographically balanced and be composed of rep- resentatives from public and private institutions of elementary, sec- ondary, and higher education, labor, business, and State and local governments, who have expertise in community service or in edu- SEC. 106. [20 U.S.C. 1006] AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $20,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part. PART B-ARTICULATION AGREEMENTS SEC. 121. [20 U.S.C. 1011] FINDINGS AND PURPOSE. (a) FINDINGS.-The Congress finds that— (1) because more than one-half of all first-time first-year students attending postsecondary institutions attend community or junior colleges, and because almost one-half of minority students enrolled in higher education attend 2-year institutions, community and junior colleges represent a substantial and an important educational resource; (2) declining participation rates for low-income students and minorities at institutions of higher education is of growing concern to the higher education community and Congress; and (3) there is growing awareness of the need to assist lowincome, minority and other nontraditional students in bridging the gap between 2-year to 4-year institutions, enabling such students to reach their individual potential, as well as contribute to the larger society. (b) PURPOSE.-The purpose of this part is to improve the educational opportunities of this Nation's postsecondary students by creating comprehensive articulation agreements and planning between partnerships of 2-year and 4-year institutions of higher education. SEC. 122. [20 U.S.C. 1011a] AUTHORIZATION OF GRANTS. (a) ASSISTANCE FOR ARTICULATION PARTNERSHIPS.-From amounts appropriated for this part, the Secretary shall make grants to States to enable States to make awards, either on a competitive basis or on the basis of a formula determined by the State, to articulation partnerships between— (1) a qualified 2-year institution; and (2) a qualified 4-year institution. (b) QUALIFIED INSTITUTIONS.-For purposes of this part (1) a qualified 2-year institution is an institution of higher education (as determined under section 481(a)) that is an eligible institution under section 435(a) and that (A) is a nonprofit institution that offers a 2-year asso ciate degree or a 2-year certificate program; or (B) is a proprietary institution that offers a 2-year as sociate degree program; and (2) a qualified 4-year institution is an institution of higher education (as determined under section 481(a)) that is an eligible institution under section 435(a) and that offers a baccalaureate degree program. (c) ALLOCATION AND STATE GRANTS.— (1) FORMULA ALLOCATION.-In any fiscal year for which the amount made available under section 129 to carry out the provisions of this part equals or exceeds $50,000,000, the Secretary shall allot an amount that bears the same ratio to the |