Monday, October 03, 2011

PART II - COMMUNITY COLLEGE MODERNIZATION


SEC. 229. FEDERAL ASSISTANCE FOR COMMUNITY COLLEGE MODERNIZATION


(a) IN GENERAL.


(1) GRANT PROGRAM. From the amounts made available under subsection (h), the Secretary shall award grants to States to modernize, renovate, or repair existing facilities at community colleges....


Below is the subsection (h) the bill refers to.  It is the last paragraph in this provision.



...(h) AVAILABILITY OF FUNDS.

(1) There are authorized to be appropriated, and there are appropriated, to carry out this section (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), $5,000,000,000 for fiscal year 2012.

(2) Funds appropriated under this subsection shall be available for obligation by community colleges only during the period that ends 36 months after the date of enactment of this Act.


There is at least one glitch in this section.  In this section there are monies set aside for American Indian and Other Possessions.



(2) ALLOCATION.


(A) RESERVATIONS. Of the amount made available to carry out this section, the Secretary shall reserve—


(i) up to 0.25 percent for grants to institutions that are eligible under section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c) to provide for modernization, renovation, and repair activities described in this section; and



§ 1059C. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES

(c) Authorized activities
(1) In general
Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Indian students....

(ii) up to 0.25 percent for grants to the outlying areas to provide for modernization, renovation, and repair activities described in this section.


The concern is the use of the word PROFESSIONAL.  Community Colleges offer 'certification programs' that quality individuals for "Professional Careers" in areas such as electricians, Golf Course Management, etc. So the word "Professional" can be a bit ambivalent in this application of the word.  I do believe the word Professional used here is to indicate something like a law degree of medical degree, etc.  In my opinion there needs to be a specific word substituted for 'Professional" the Community Colleges use to describe these programs. I would think Dr. Jill Biden could consult on that topic if necessary.


(B) ALLOCATION. After reserving funds under subparagraph (A), the Secretary shall allocate to each State that has an application approved by the Secretary an amount that bears the same relation to any remaining funds as the total number of students in such State who are enrolled in institutions described in section 230(b)(1)(A) plus the number of students who are estimated to be enrolled in and pursuing a degree or certificate that is not a bachelor’s, master’s, professional, or other advanced degree in institutions described in section 230(b)(1)(B), based on the proportion of degrees or certificates awarded by such institutions that are not bachelor’s, master’s, professional, or other advanced degrees, as reported to the Integrated Postsecondary Data System bears to the estimated total number of such students in all States, except that no State shall receive less than $2,500,000.

(D) STATE ADMINISTRATION. A State that receives a grant under this section may use not more than one percent of that grant to administer it, except that no State may use more than $750,000 of its grant for this purpose.


The application process for the States seek the same measure of criteria and assurances.  But, there are specific prohibitions of the funding.



(c) PROHIBITED USES OF FUNDS.


(1) IN GENERAL. No funds awarded under this section may be used for—


(i) payment of routine maintenance costs;


(ii) construction, modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or


(iii) construction, modernization, renovation, or repair of facilities—


(I) used for sectarian instruction, religious worship, or a school or department of divinity; or


(II) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.


(2) FOUR-YEAR INSTITUTIONS. No funds awarded to a four-year public institution of higher education under this section may be used for any facility, service, or program of the institution that is not available to students who are pursuing a degree or certificate that is not a bachelor's, master's, professional, or other advanced degree.

There are Green provisions no different than with the other school building standards and Labor Standards according to Federal Law. NOT Labor Union.

(e) APPLICATION OF GEPA. Section 439 of the General Education Provisions Act such Act (20 U.S.C. 1232b) shall apply to funds available under this subtitle

Cited Law Below:


20 USC 1232 - Sec. 1232b. Labor standards (click title to entry - thank you_


All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40. 


The remainder of this section is about accountability by the States and the Secretary of Education as to tracking the funds and knowing where they went and are being used.  Then there is (h) which I listed above.


That brings up to the next section on page 24, which I consider to be an important section regardless of how mundane.



PART III – GENERAL PROVISIONS

SEC. 230. DEFINITIONS

I'll start here tomorrow.