[105th Congress Public Law 332]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ332.105]
[[Page 3075]]
CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION AMENDEMTNS
OF 1998
[[Page 112 STAT. 3076]]
Public Law 105-332
105th Congress
An Act
To amend the Carl D. Perkins Vocational and Applied Technology Education
Act. <<NOTE: Oct. 31, 1998 - [H.R. 1853]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Carl D. Perkins Vocational
and Applied Technology Education Amendments of 1998.>> assembled,
SECTION 1. SHORT TITLE; AMENDMENT.
(a) Short <<NOTE: 20 USC 2301 note.>> Title.--This Act may be cited
as the ``Carl D. Perkins Vocational and Applied Technology Education
Amendments of 1998''.
(b) Amendment.--The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is amended to read as
follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This <<NOTE: 20 USC 2301 note.>> Act may be
cited as the `Carl D. Perkins Vocational and Technical Education Act of
1998'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Authorization of appropriations.
``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American program.
``Sec. 117. Tribally controlled postsecondary vocational and technical
institutions.
``Sec. 118. Occupational and employment information.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary school programs.
``Sec. 132. Distribution of funds for postsecondary vocational and
technical
education programs.
[[Page 112 STAT. 3077]]
``Sec. 133. Special rules for vocational and technical education.
``Sec. 134. Local plan for vocational and technical education programs.
``Sec. 135. Local uses of funds.
``TITLE II--TECH-PREP EDUCATION
``Sec. 201. Short title.
``Sec. 202. Definitions.
``Sec. 203. State allotment and application.
``Sec. 204. Tech-prep education.
``Sec. 205. Consortium applications.
``Sec. 206. Report.
``Sec. 207. Demonstration program.
``Sec. 208. Authorization of appropriations.
``TITLE III--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 311. Fiscal requirements.
``Sec. 312. Authority to make payments.
``Sec. 313. Construction.
``Sec. 314. Voluntary selection and participation.
``Sec. 315. Limitation for certain students.
``Sec. 316. Federal laws guaranteeing civil rights.
``Sec. 317. Authorization of Secretary.
``Sec. 318. Participation of private school personnel.
``Part B--State Administrative Provisions
``Sec. 321. Joint funding.
``Sec. 322. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 323. State administrative costs.
``Sec. 324. Limitation on Federal regulations.
``Sec. 325. Student assistance and other Federal programs.
``SEC. 2. <<NOTE: 20 USC 2301.>> PURPOSE.
``The purpose of this Act is to develop more fully the academic,
vocational, and technical skills of secondary students and postsecondary
students who elect to enroll in vocational and technical education
programs, by--
``(1) building on the efforts of States and localities to
develop challenging academic standards;
``(2) promoting the development of services and activities
that integrate academic, vocational, and technical instruction,
and that link secondary and postsecondary education for
participating vocational and technical education students;
``(3) increasing State and local flexibility in providing
services and activities designed to develop, implement, and
improve vocational and technical education, including tech-prep
education; and
``(4) disseminating national research, and providing
professional development and technical assistance, that will
improve vocational and technical education programs, services,
and activities.
``SEC. 3. <<NOTE: 20 USC 2302.>> DEFINITIONS.
``In this Act:
``(1) Administration.--The term `administration', when used
with respect to an eligible agency or eligible recipient, means
activities necessary for the proper and efficient performance of
the eligible agency or eligible recipient's duties under this
Act, including supervision, but does not include curriculum
development activities, personnel development, or research
activities.
``(2) All aspects of an industry.--The term `all aspects of
an industry' means strong experience in, and comprehensive
[[Page 112 STAT. 3078]]
understanding of, the industry that the individual is preparing
to enter.
``(3) Area vocational and technical education school.--The
term `area vocational and technical education school' means--
``(A) a specialized public secondary school used
exclusively or principally for the provision of
vocational and technical education to individuals who
are available for study in preparation for entering the
labor market;
``(B) the department of a public secondary school
exclusively or principally used for providing vocational
and technical education in not fewer than 5 different
occupational fields to individuals who are available for
study in preparation for entering the labor market;
``(C) a public or nonprofit technical institution or
vocational and technical education school used
exclusively or principally for the provision of
vocational and technical education to individuals who
have completed or left secondary school and who are
available for study in preparation for entering the
labor market, if the institution or school admits as
regular students both individuals who have completed
secondary school and individuals who have left secondary
school; or
``(D) the department or division of an institution
of higher education, that operates under the policies of
the eligible agency and that provides vocational and
technical education in not fewer than five different
occupational fields leading to immediate employment but
not necessarily leading to a baccalaureate degree, if
the department or division admits as regular students
both individuals who have completed secondary school and
individuals who have left secondary school.
``(4) Career guidance and academic counseling.--The term
`career guidance and academic counseling' means providing access
to information regarding career awareness and planning with
respect to an individual's occupational and academic future that
shall involve guidance and counseling with respect to career
options, financial aid, and postsecondary options.
``(5) Charter school.--The term `charter school' has the
meaning given the term in section 10306 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8066).
``(6) Cooperative education.--The term `cooperative
education' means a method of instruction of education for
individuals who, through written cooperative arrangements
between a school and employers, receive instruction, including
required academic courses and related vocational and technical
education instruction, by alternation of study in school with a
job in any occupational field, which alternation shall be
planned and supervised by the school and employer so that each
contributes to the education and employability of the
individual, and may include an arrangement in which work periods
and school attendance may be on alternate half days, full days,
weeks, or other periods of time in fulfilling the cooperative
program.
``(7) Displaced homemaker.--The term `displaced homemaker'
means an individual who--
[[Page 112 STAT. 3079]]
``(A)(i) has worked primarily without remuneration
to care for a home and family, and for that reason has
diminished marketable skills;
``(ii) has been dependent on the income of another
family member but is no longer supported by that income;
or
``(iii) is a parent whose youngest dependent child
will become ineligible to receive assistance under part
A of title IV of the Social Security Act (42 U.S.C. 601
et seq.) not later than 2 years after the date on which
the parent applies for assistance under this title; and
``(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
``(8) Educational service agency.--The term `educational
service agency' has the meaning given the term in section 14101
of the Elementary and Secondary Education Act of 1965.
``(9) Eligible agency.--The term `eligible agency' means a
State board designated or created consistent with State law as
the sole State agency responsible for the administration of
vocational and technical education or for supervision of the
administration of vocational and technical education in the
State.
``(10) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education;
``(B) a local educational agency providing education
at the postsecondary level;
``(C) an area vocational and technical education
school providing education at the postsecondary level;
``(D) a postsecondary educational institution
controlled by the Bureau of Indian Affairs or operated
by or on behalf of any Indian tribe that is eligible to
contract with the Secretary of the Interior for the
administration of programs under the Indian Self-
Determination Act or the Act of April 16, 1934 (48 Stat.
596; 25 U.S.C. 452 et seq.);
``(E) an educational service agency; or
``(F) a consortium of 2 or more of the entities
described in subparagraphs (A) through (E).
``(11) Eligible recipient.--The term `eligible recipient'
means--
``(A) a local educational agency, an area vocational
and technical education school, an educational service
agency, or a consortium, eligible to receive assistance
under section 131; or
``(B) an eligible institution or consortium of
eligible institutions eligible to receive assistance
under section 132.
``(12) Governor.--The term `Governor' means the chief
executive officer of a State or an outlying area.
``(13) Individual with limited english proficiency.--The
term `individual with limited English proficiency' means a
secondary school student, an adult, or an out-of-school youth,
who has limited ability in speaking, reading, writing, or
understanding the English language, and--
``(A) whose native language is a language other than
English; or
[[Page 112 STAT. 3080]]
``(B) who lives in a family or community environment
in which a language other than English is the dominant
language.
``(14) Individual with a disability.--
``(A) In general.--The term `individual with a
disability' means an individual with any disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)).
``(B) Individuals with disabilities.--The term
`individuals with disabilities' means more than 1
individual with a disability.
``(15) Institution of higher education.--The term
`institution of higher education' has the meaning given the term
in section 101 of the Higher Education Act of 1965.
``(16) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
``(17) Nontraditional training and employment.--The term
`nontraditional training and employment' means occupations or
fields of work, including careers in computer science,
technology, and other emerging high skill occupations, for which
individuals from one gender comprise less than 25 percent of the
individuals employed in each such occupation or field of work.
``(18) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(19) Postsecondary educational institution.--The term
`postsecondary educational institution' means--
``(A) an institution of higher education that
provides not less than a 2-year program of instruction
that is acceptable for credit toward a bachelor's
degree;
``(B) a tribally controlled college or university;
or
``(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the
postsecondary level.
``(20) School dropout.--The term `school dropout' means an
individual who is no longer attending any school and who has not
received a secondary school diploma or its recognized
equivalent.
``(21) Secondary school.--The term `secondary school' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
``(22) Secretary.--The term `Secretary' means the Secretary
of Education.
``(23) Special populations.--The term `special populations'
means--
``(A) individuals with disabilities;
``(B) individuals from economically disadvantaged
families, including foster children;
``(C) individuals preparing for nontraditional
training and employment;
``(D) single parents, including single pregnant
women;
``(E) displaced homemakers; and
[[Page 112 STAT. 3081]]
``(F) individuals with other barriers to educational
achievement, including individuals with limited English
proficiency.
``(24) State.--The term `State', unless otherwise specified,
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
outlying area.
``(25) Support services.--The term `support services' means
services related to curriculum modification, equipment
modification, classroom modification, supportive personnel, and
instructional aids and devices.
``(26) Tech-prep program.--The term `tech-prep program'
means a program of study that--
``(A) combines at least 2 years of secondary
education (as determined under State law) and 2 years of
postsecondary education in a nonduplicative sequential
course of study;
``(B) strengthens the applied academic component of
vocational and technical education through the
integration of academic, and vocational and technical,
instruction;
``(C) provides technical preparation in an area such
as engineering technology, applied science, a
mechanical, industrial, or practical art or trade,
agriculture, a health occupation, business, or applied
economics;
``(D) builds student competence in mathematics,
science, and communications (including through applied
academics) in a coherent sequence of courses; and
``(E) leads to an associate degree or a certificate
in a specific career field, and to high skill, high wage
employment, or further education.
``(27) Tribally controlled college or university.--The term
`tribally controlled college or university' has the meaning
given such term in section 2 of the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
``(28) Tribally controlled postsecondary vocational and
technical institution.--The term `tribally controlled
postsecondary vocational and technical institution' means an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965, except that paragraph (2) of
such section shall not be applicable and the reference to
Secretary in paragraph (5)(A) of such section shall be deemed to
refer to the Secretary of the Interior) that--
``(A) is formally controlled, or has been formally
sanctioned or chartered, by the governing body of an
Indian tribe or Indian tribes;
``(B) offers a technical degree or certificate
granting program;
``(C) is governed by a board of directors or
trustees, a majority of whom are Indians;
``(D) demonstrates adherence to stated goals, a
philosophy, or a plan of operation, that fosters
individual Indian economic and self-sufficiency
opportunity, including programs that are appropriate to
stated tribal goals of developing individual
entrepreneurships and self-sustaining economic
infrastructures on reservations;
``(E) has been in operation for at least 3 years;
[[Page 112 STAT. 3082]]
``(F) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational and technical
education; and
``(G) enrolls the full-time equivalent of not less
than 100 students, of whom a majority are Indians.
``(29) Vocational and technical education.--The term
`vocational and technical education' means organized educational
activities that--
``(A) offer a sequence of courses that provides
individuals with the academic and technical knowledge
and skills the individuals need to prepare for further
education and for careers (other than careers requiring
a baccalaureate, master's, or doctoral degree) in
current or emerging employment sectors; and
``(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order
reasoning and problem-solving skills, work attitudes,
general employability skills, technical skills, and
occupation-specific skills, of an individual.
``(30) Vocational and technical student organization.--
``(A) In general.--The term `vocational and
technical student organization' means an organization
for individuals enrolled in a vocational and technical
education program that engages in vocational and
technical activities as an integral part of the
instructional program.
``(B) State and national units.--An organization
described in subparagraph (A) may have State and
national units that aggregate the work and purposes of
instruction in vocational and technical education at the
local level.
``SEC. 4. <<NOTE: 20 USC 2303.>> TRANSITION PROVISIONS.
``The Secretary shall take such steps as the Secretary determines to
be appropriate to provide for the orderly transition to the authority of
this Act from any authority under provisions of the Carl D. Perkins
Vocational and Applied Technology Education Act, as such Act was in
effect on the day before the date of enactment of the Carl D. Perkins
Vocational and Applied Technology Education Amendments of 1998.
``SEC. 5. <<NOTE: 20 USC 2304.>> PRIVACY.
``(a) GEPA.--Nothing in this Act shall be construed to supersede the
privacy protections afforded parents and students under section 444 of
the General Education Provisions Act (20 U.S.C. 1232g), as added by the
Family Educational Rights and Privacy Act of 1974 (section 513 of Public
Law 93-380; 88 Stat. 571).
``(b) Prohibition on Development of National Database.--Nothing in
this Act shall be construed to permit the development of a national
database of personally identifiable information on individuals receiving
services under this Act.
``SEC. 6. <<NOTE: 20 USC 2305.>> LIMITATION.
``All of the funds made available under this Act shall be used in
accordance with the requirements of this Act. None of the funds made
available under this Act may be used to provide funding under the
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.) or to
carry out, through programs funded under
[[Page 112 STAT. 3083]]
this Act, activities that were funded under the School-To-Work
Opportunities Act of 1994, unless the programs funded under this Act
serve only those participants eligible to participate in the programs
under this Act.
``SEC. 7. <<NOTE: 20 USC 2306.>> SPECIAL RULE.
``In the case of a local community in which no employees are
represented by a labor organization, for purposes of this Act the term
`representatives of employees' shall be substituted for `labor
organization'.
``SEC. 8. <<NOTE: 20 USC 2307.>> AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act
(other than sections 114, 117, and 118, and title II) such sums as may
be necessary for each of the fiscal years 1999 through 2003.
``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``PART A--ALLOTMENT AND ALLOCATION
``SEC. 111. <<NOTE: 20 USC 2321.>> RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the sum appropriated under section
8 for each fiscal year, the Secretary shall reserve--
``(A) 0.2 percent to carry out section 115;
``(B) 1.50 percent to carry out section 116, of
which--
``(i) 1.25 percent of the sum shall be
available to carry out section 116(b); and
``(ii) 0.25 percent of the sum shall be
available to carry out section 116(h); and
``(C) in the case of each of the fiscal years 2000
through 2003, 0.54 percent to carry out section 503 of
Public Law 105-220.
``(2) State allotment formula.--Subject to paragraphs (3)
and (4), from the remainder of the sums appropriated under
section 8 and not reserved under paragraph (1) for a fiscal
year, the Secretary shall allot to a State for the fiscal year--
``(A) an amount that bears the same ratio to 50
percent of the sums being allotted as the product of the
population aged 15 to 19 inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States;
``(B) an amount that bears the same ratio to 20
percent of the sums being allotted as the product of the
population aged 20 to 24, inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States;
``(C) an amount that bears the same ratio to 15
percent of the sums being allotted as the product of the
population aged 25 to 65, inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is
[[Page 112 STAT. 3084]]
made and the State's allotment ratio bears to the sum of
the corresponding products for all the States; and
``(D) an amount that bears the same ratio to 15
percent of the sums being allotted as the amounts
allotted to the State under subparagraphs (A), (B), and
(C) for such years bears to the sum of the amounts
allotted to all the States under subparagraphs (A), (B),
and (C) for such year.
``(3) Minimum allotment.--
``(A) In general.--Notwithstanding any other
provision of law and subject to subparagraphs (B) and
(C), and paragraph (4), no State shall receive for a
fiscal year under this subsection less than \1/2\ of 1
percent of the amount appropriated under section 8 and
not reserved under paragraph (1) for such fiscal year.
Amounts necessary for increasing such payments to States
to comply with the preceding sentence shall be obtained
by ratably reducing the amounts to be paid to other
States.
``(B) Requirement.--No State, by reason of the
application of subparagraph (A), shall receive for a
fiscal year more than 150 percent of the amount the
State received under this subsection for the preceding
fiscal year (or in the case of fiscal year 1999 only,
under section 101 of the Carl D. Perkins Vocational and
Applied Technology Education Act, as such section was in
effect on the day before the date of enactment of the
Carl D. Perkins Vocational and Applied Technology
Education Amendments of 1998).
``(C) Special rule.--
``(i) In general.--Subject to paragraph (4),
no State, by reason of the application of
subparagraph (A), shall be allotted for a fiscal
year more than the lesser of--
``(I) 150 percent of the amount that
the State received in the preceding
fiscal year (or in the case of fiscal
year 1999 only, under section 101 of the
Carl D. Perkins Vocational and Applied
Technology Education Act, as such
section was in effect on the day before
the date of enactment of the Carl D.
Perkins Vocational and Applied
Technology Education Amendments of
1998); and
``(II) the amount calculated under
clause (ii).
``(ii) Amount.--The amount calculated under
this clause shall be determined by multiplying--
``(I) the number of individuals in
the State counted under paragraph (2) in
the preceding fiscal year; by
``(II) 150 percent of the national
average per pupil payment made with
funds available under this section for
that year (or in the case of fiscal year
1999, only, under section 101 of the
Carl D. Perkins Vocational and Applied
Technology Education Act, as such
section was in effect on the day before
the date of enactment of the Carl D.
Perkins Vocational and Applied
Technology Education Amendments of
1998).
``(4) Hold harmless.--
[[Page 112 STAT. 3085]]
``(A) In general.--No State shall receive an
allotment under this section for a fiscal year that is
less than the allotment the State received under part A
of title I of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2311 et seq.) (as
such part was in effect on the day before the date of
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998) for fiscal year
1998.
``(B) Ratable reduction.--If for any fiscal year the
amount appropriated for allotments under this section is
insufficient to satisfy the provisions of subparagraph
(A), the payments to all States under such subparagraph
shall be ratably reduced.
``(b) Reallotment.--If the Secretary determines that any amount of
any State's allotment under subsection (a) for any fiscal year will not
be required for such fiscal year for carrying out the activities for
which such amount has been allotted, the Secretary shall make such
amount available for reallotment. Any such reallotment among other
States shall occur on such dates during the same year as the Secretary
shall fix, and shall be made on the basis of criteria established by
regulation. No funds may be reallotted for any use other than the use
for which the funds were appropriated. Any amount reallotted to a State
under this subsection for any fiscal year shall remain available for
obligation during the succeeding fiscal year and shall be deemed to be
part of the State's allotment for the year in which the amount is
obligated.
``(c) Allotment Ratio.--
``(1) In general.--The allotment ratio for any State shall
be 1.00 less the product of--
``(A) 0.50; and
``(B) the quotient obtained by dividing the per
capita income for the State by the per capita income for
all the States (exclusive of the Commonwealth of Puerto
Rico and the United States Virgin Islands), except
that--
``(i) the allotment ratio in no case shall be
more than 0.60 or less than 0.40; and
``(ii) the allotment ratio for the
Commonwealth of Puerto Rico and the United States
Virgin Islands shall be 0.60.
``(2) Promulgation.--The allotment ratios shall be
promulgated by the Secretary for each fiscal year between
October 1 and December 31 of the fiscal year preceding the
fiscal year for which the determination is made. Allotment
ratios shall be computed on the basis of the average of the
appropriate per capita incomes for the 3 most recent consecutive
fiscal years for which satisfactory data are available.
``(3) Definition of per capita income.--For the purpose of
this section, the term `per capita income' means, with respect
to a fiscal year, the total personal income in the calendar year
ending in such year, divided by the population of the area
concerned in such year.
``(4) Population determination.--For the purposes of this
section, population shall be determined by the Secretary on the
basis of the latest estimates available to the Department of
Education.
[[Page 112 STAT. 3086]]
``(d) Definition of State.--For the purpose of this section, the
term `State' means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and the United
States Virgin Islands.
``SEC. 112. <<NOTE: 20 USC 2322.>> WITHIN STATE ALLOCATION.
``(a) In General.--From the amount allotted to each State under
section 111 for a fiscal year, the State board (hereinafter referred to
as the `eligible agency') shall make available--
``(1) not less than 85 percent for distribution under
section 131 or 132, of which not more than 10 percent of the 85
percent may be used in accordance with subsection (c);
``(2) not more than 10 percent to carry out State leadership
activities described in section 124, of which--
``(A) an amount equal to not more than 1 percent of
the amount allotted to the State under section 111 for
the fiscal year shall be available to serve individuals
in State institutions, such as State correctional
institutions and institutions that serve individuals
with disabilities; and
``(B) not less than $60,000 and not more than
$150,000 shall be available for services that prepare
individuals for nontraditional training and employment;
and
``(3) an amount equal to not more than 5 percent, or
$250,000, whichever is greater, for administration of the State
plan, which may be used for the costs of--
``(A) developing the State plan;
``(B) reviewing the local plans;
``(C) monitoring and evaluating program
effectiveness;
``(D) assuring compliance with all applicable
Federal laws; and
``(E) providing technical assistance.
``(b) Matching Requirement.--Each eligible agency receiving funds
made available under subsection (a)(3) shall match, from non-Federal
sources and on a dollar-for-dollar basis, the funds received under
subsection (a)(3).
``(c) Reserve.--
``(1) In general.--From amounts made available under
subsection (a)(1) to carry out this subsection, an eligible
agency may award grants to eligible recipients for vocational
and technical education activities described in section 135 in--
``(A) rural areas;
``(B) areas with high percentages of vocational and
technical education students;
``(C) areas with high numbers of vocational and
technical students; and
``(D) communities negatively impacted by changes
resulting from the amendments made by the Carl D.
Perkins Vocational and Applied Technology Education
Amendments of 1998 to the within State allocation under
section 231 of the Carl D. Perkins Vocational and
Applied Technology Education Act (as such section 231
was in effect on the day before the date of enactment of
the Carl D. Perkins Vocational and Applied Technology
Education Amendments of 1998).
``(2) Special rule.--Each eligible agency awarding a grant
under this subsection shall use the grant funds to serve at
[[Page 112 STAT. 3087]]
least 2 of the categories described in subparagraphs (A) through
(D) of paragraph (1).
``SEC. 113. <<NOTE: 20 USC 2323.>> ACCOUNTABILITY.
``(a) Purpose.--The purpose of this section is to establish a State
performance accountability system, comprised of the activities described
in this section, to assess the effectiveness of the State in achieving
statewide progress in vocational and technical education, and to
optimize the return of investment of Federal funds in vocational and
technical education activities.
``(b) State Performance Measures.--
``(1) In general.--Each eligible agency, with input from
eligible recipients, shall establish performance measures for a
State that consist of--
``(A) the core indicators of performance described
in paragraph (2)(A);
``(B) any additional indicators of performance (if
any) identified by the eligible agency under paragraph
(2)(B); and
``(C) a State adjusted level of performance
described in paragraph (3)(A) for each core indicator of
performance, and State levels of performance described
in paragraph (3)(B) for each additional indicator of
performance.
``(2) Indicators of performance.--
``(A) Core indicators of performance.--Each eligible
agency shall identify in the State plan core indicators
of performance that include, at a minimum, measures of
each of the following:
``(i) Student attainment of challenging State
established academic, and vocational and
technical, skill proficiencies.
``(ii) Student attainment of a secondary
school diploma or its recognized equivalent, a
proficiency credential in conjunction with a
secondary school diploma, or a postsecondary
degree or credential.
``(iii) Placement in, retention in, and
completion of, postsecondary education or advanced
training, placement in military service, or
placement or retention in employment.
``(iv) Student participation in and completion
of vocational and technical education programs
that lead to nontraditional training and
employment.
``(B) Additional indicators of performance.--An
eligible agency, with input from eligible recipients,
may identify in the State plan additional indicators of
performance for vocational and technical education
activities authorized under the title.
``(C) Existing indicators.--If a State previously
has developed State performance measures that meet the
requirements of this section, the State may use such
performance measures to measure the progress of
vocational and technical education students.
``(D) State role.--Indicators of performance
described in this paragraph shall be established solely
by each eligible agency with input from eligible
recipients.
``(3) Levels of performance.--
[[Page 112 STAT. 3088]]
``(A) State adjusted levels of performance for core
indicators of performance.--
``(i) In general.--Each eligible agency, with
input from eligible recipients, shall establish in
the State plan submitted under section 122, levels
of performance for each of the core indicators of
performance described in paragraph (2)(A) for
vocational and technical education activities
authorized under this title. The levels of
performance established under this subparagraph
shall, at a minimum--
``(I) be expressed in a percentage
or numerical form, so as to be
objective, quantifiable, and measurable;
and
``(II) require the State to
continually make progress toward
improving the performance of vocational
and technical education students.
``(ii) Identification in the state plan.--Each
eligible agency shall identify, in the State plan
submitted under section 122, levels of performance
for each of the core indicators of performance for
the first 2 program years covered by the State
plan.
``(iii) Agreement on state adjusted levels of
performance for first 2 years.--The Secretary and
each eligible agency shall reach agreement on the
levels of performance for each of the core
indicators of performance, for the first 2 program
years covered by the State plan, taking into
account the levels identified in the State plan
under clause (ii) and the factors described in
clause (vi). The levels of performance agreed to
under this clause shall be considered to be the
State adjusted level of performance for the State
for such years and shall be incorporated into the
State plan prior to the approval of such plan.
``(iv) Role of the secretary.--The role of the
Secretary in the agreement described in clauses
(iii) and (v) is limited to reaching agreement on
the percentage or number of students who attain
the State adjusted levels of performance.
``(v) Agreement on state adjusted levels of
performance for 3rd, 4th, and 5th years.--Prior to
the third program year covered by the State plan,
the Secretary and each eligible agency shall reach
agreement on the State adjusted levels of
performance for each of the core indicators of
performance for the third, fourth, and fifth
program years covered by the State plan, taking
into account the factors described in clause (vi).
The State adjusted levels of performance agreed to
under this clause shall be considered to be the
State adjusted levels of performance for the State
for such years and shall be incorporated into the
State plan.
``(vi) Factors.--The agreement described in
clause (iii) or (v) shall take into account--
``(I) how the levels of performance
involved compare with the State adjusted
levels of performance established for
other States taking into account factors
including the characteristics of
[[Page 112 STAT. 3089]]
participants when the participants
entered the program and the services or
instruction to be provided; and
``(II) the extent to which such
levels of performance promote continuous
improvement on the indicators of
performance by such State.
``(vii) Revisions.--If unanticipated
circumstances arise in a State resulting in a
significant change in the factors described in
clause (vi)(II), the eligible agency may request
that the State adjusted levels of performance
agreed to under clause (iii) or (vi) be revised.
The Secretary shall issue objective criteria and
methods for making such revisions.
``(B) Levels of performance for additional
indicators.--Each eligible agency shall identify in the
State plan, State levels of performance for each of the
additional indicators of performance described in
paragraph (2)(B). Such levels shall be considered to be
the State levels of performance for purposes of this
title.
``(c) Report.--
``(1) In general.--Each eligible agency that receives an
allotment under section 111 shall annually prepare and submit to
the Secretary a report regarding--
``(A) the progress of the State in achieving the
State adjusted levels of performance on the core
indicators of performance; and
``(B) information on the levels of performance
achieved by the State with respect to the additional
indicators of performance, including the levels of
performance for special populations.
``(2) Special populations.--The report submitted by the
eligible agency in accordance with paragraph (1) shall include a
quantifiable description of the progress special populations
participating in vocational and technical education programs
have made in meeting the State adjusted levels of performance
established by the eligible agency.
``(3) Information dissemination.--The Secretary--
``(A) shall make the information contained in such
reports available to the general public;
``(B) shall disseminate State-by-State comparisons
of the information; and
``(C) shall provide the appropriate committees of
Congress copies of such reports.
``SEC. 114. <<NOTE: 20 USC 2324.>> NATIONAL ACTIVITIES.
``(a) Program Performance Information.--
``(1) In general.--The Secretary shall collect performance
information about, and report on, the condition of vocational
and technical education and on the effectiveness of State and
local programs, services, and activities carried out under this
title in order to provide the Secretary and Congress, as well as
Federal, State, local, and tribal agencies, with information
relevant to improvement in the quality and effectiveness of
vocational and technical education. <<NOTE: Reports.>> The
Secretary annually shall report to Congress on the Secretary's
aggregate analysis of performance information collected each
year pursuant to
[[Page 112 STAT. 3090]]
this title, including an analysis of performance data regarding
special populations.
``(2) Compatibility.--The Secretary shall, to the extent
feasible, ensure that the performance information system is
compatible with other Federal information systems.
``(3) Assessments.--As a regular part of its assessments,
the National Center for Education Statistics shall collect and
report information on vocational and technical education for a
nationally representative sample of students. Such assessment
may include international comparisons.
``(b) Miscellaneous Provisions.--
``(1) Collection of information at reasonable cost.--The
Secretary shall take such action as may be necessary to secure
at reasonable cost the information required by this title. To
ensure reasonable cost, the Secretary, in consultation with the
National Center for Education Statistics, the Office of
Vocational and Adult Education, and an entity assisted under
section 118 shall determine the methodology to be used and the
frequency with which information is to be collected.
``(2) Cooperation of states.--All eligible agencies
receiving assistance under this Act shall cooperate with the
Secretary in implementing the information systems developed
pursuant to this Act.
``(c) Research, Development, Dissemination, Evaluation and
Assessment.--
``(1) Single plan.--
``(A) In general.--The Secretary may, directly or
through grants, contracts, or cooperative agreements,
carry out research, development, dissemination,
evaluation and assessment, capacity building, and
technical assistance with regard to the vocational and
technical education programs under this Act. The
Secretary shall develop a single plan for such
activities.
``(B) Plan.--Such plan shall--
``(i) identify the vocational and technical
education activities described in subparagraph (A)
the Secretary will carry out under this section;
``(ii) describe how the Secretary will
evaluate such vocational and technical education
activities in accordance with paragraph (3); and
``(iii) include such other information as the
Secretary determines to be appropriate.
``(2) Independent advisory panel.--The Secretary shall
appoint an independent advisory panel, consisting of vocational
and technical education administrators, educators, researchers,
and representatives of labor organizations, businesses, parents,
guidance and counseling professionals, and other relevant
groups, to advise the Secretary on the implementation of the
assessment described in paragraph (3), including the issues to
be addressed, the methodology of the studies involved, and the
findings and recommendations resulting from the assessment. The
panel shall submit to the Committee on Education and the
Workforce of the House of Representatives, the Committee on
Labor and Human Resources of the Senate, and the
[[Page 112 STAT. 3091]]
Secretary an independent analysis of the findings and
recommendations resulting from the assessment described in
paragraph (3). The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the panel established under this
subsection.
``(3) Evaluation and assessment.--
``(A) In general.--From amounts made available under
paragraph (8), the Secretary shall provide for the
conduct of an independent evaluation and assessment of
vocational and technical education programs under this
Act through studies and analyses conducted independently
through grants, contracts, and cooperative agreements
that are awarded on a competitive basis.
``(B) Contents.--The assessment required under
paragraph (1) shall include descriptions and evaluations
of--
``(i) the extent to which State, local, and
tribal entities have developed, implemented, or
improved State and local vocational and technical
education programs and the effect of programs
assisted under this Act on that development,
implementation, or improvement, including the
capacity of State, tribal, and local vocational
and technical education systems to achieve the
purpose of this Act;
``(ii) the extent to which expenditures at the
Federal, State, tribal, and local levels address
program improvement in vocational and technical
education, including the impact of Federal
allocation requirements (such as within-State
allocation formulas) on the delivery of services;
``(iii) the preparation and qualifications of
teachers of vocational and technical, and
academic, curricula in vocational and technical
education programs, as well as shortages of such
teachers;
``(iv) participation of students in vocational
and technical education programs;
``(v) academic and employment outcomes of
vocational and technical education, including
analyses of--
``(I) the number of vocational and
technical education students and tech-
prep students who meet State adjusted
levels of performance;
``(II) the extent and success of
integration of academic, and vocational
and technical, education for students
participating in vocational and
technical education programs; and
``(III) the extent to which
vocational and technical education
programs prepare students for subsequent
employment in high-wage, high-skill
careers or participation in
postsecondary education;
``(vi) employer involvement in, and
satisfaction with, vocational and technical
education programs;
``(vii) the use and impact of educational
technology and distance learning with respect to
vocational and technical education and tech-prep
programs; and
``(viii) the effect of State adjusted levels
of performance and State levels of performance on
the delivery of vocational and technical education
services.
``(C) Reports.--
[[Page 112 STAT. 3092]]
``(i) In general.--The Secretary shall submit
to the Committee on Education and the Workforce of
the House of Representatives and the Committee on
Labor and Human Resources of the Senate--
``(I) an interim report regarding
the assessment on or before January 1,
2002; and
``(II) a final report, summarizing
all studies and analyses that relate to
the assessment and that are completed
after the assessment, on or before July
1, 2002.
``(ii) Prohibition.--Notwithstanding any other
provision of law, the reports required by this
subsection shall not be subject to any review
outside the Department of Education before their
transmittal to the Committee on Education and the
Workforce of the House of Representatives, the
Committee on Labor and Human Resources of the
Senate, and the Secretary, but the President, the
Secretary, and the independent advisory panel
established under paragraph (2) may make such
additional recommendations to Congress with
respect to the assessment as the President, the
Secretary, or the panel determine to be
appropriate.
``(4) Collection of state information and report.--
``(A) In general.--The Secretary may collect and
disseminate information from States regarding State
efforts to meet State adjusted levels of performance
described in section 113.
``(B) Report.--The Secretary shall gather any
information collected pursuant to subparagraph (A) and
submit a report to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
``(5) Research.--
``(A) In general.--The Secretary, after consulting
with the States, shall award grants, contracts, or
cooperative agreements on a competitive basis to an
institution of higher education, a public or private
nonprofit organization or agency, or a consortium of
such institutions, organizations, or agencies to
establish a national research center or centers--
``(i) to carry out research for the purpose of
developing, improving, and identifying the most
successful methods for successfully addressing the
education, employment, and training needs of
participants in vocational and technical education
programs, including research and evaluation in
such activities as--
``(I) the integration of vocational
and technical instruction, and academic,
secondary and postsecondary instruction;
``(II) education technology and
distance learning approaches and
strategies that are effective with
respect to vocational and technical
education;
``(III) State adjusted levels of
performance and State levels of
performance that serve to improve
vocational and technical education
programs and student achievement; and
[[Page 112 STAT. 3093]]
``(IV) academic knowledge and
vocational and technical skills required
for employment or participation in
postsecondary education;
``(ii) to carry out research to increase the
effectiveness and improve the implementation of
vocational and technical education programs,
including conducting research and development, and
studies, providing longitudinal information or
formative evaluation with respect to vocational
and technical education programs and student
achievement;
``(iii) to carry out research that can be used
to improve teacher training and learning in the
vocational and technical education classroom,
including--
``(I) effective inservice and
preservice teacher education that
assists vocational and technical
education systems; and
``(II) dissemination and training
activities related to the applied
research and demonstration activities
described in this subsection, which may
also include serving as a repository for
information on vocational and technical
skills, State academic standards, and
related materials; and
``(iv) to carry out such other research as the
Secretary determines appropriate to assist State
and local recipients of funds under this Act.
``(B) Report.--The center or centers conducting the
activities described in subparagraph (A) shall annually
prepare a report of key research findings of such center
or centers and shall submit copies of the report to the
Secretary, the Committee on Education and the Workforce
of the House of Representatives, the Committee on Labor
and Human Resources of the Senate, the Library of
Congress, and each eligible agency.
``(C) Dissemination.--The center or centers shall
conduct dissemination and training activities based upon
the research described in subparagraph (A).
``(6) Demonstrations and dissemination.--
``(A) Demonstration program.--The Secretary is
authorized to carry out demonstration vocational and
technical education programs, to replicate model
vocational and technical education programs, to
disseminate best practices information, and to provide
technical assistance upon request of a State, for the
purposes of developing, improving, and identifying the
most successful methods and techniques for providing
vocational and technical education programs assisted
under this Act.
``(B) Demonstration partnership.--
``(i) In general.--The Secretary shall carry
out a demonstration partnership project involving
a 4-year, accredited postsecondary institution, in
cooperation with local public education
organizations, volunteer groups, and private
sector business participants to provide program
support, and facilities for education, training,
tutoring, counseling, employment preparation,
specific skills training in emerging and
established professions, and for retraining of
military medical personnel, individuals displaced
by corporate or
[[Page 112 STAT. 3094]]
military restructuring, migrant workers, as well
as other individuals who otherwise do not have
access to such services, through multisite,
multistate distance learning technologies.
``(ii) Program.--Such program may be carried
out directly or through grants, contracts,
cooperative agreements, or through the national
center or centers established under paragraph (5).
``(7) Definition.--In this section, the term `institution of
higher education' has the meaning given the term in section 101
of the Higher Education Act of 1965.
``(8) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section such sums as may be
necessary for fiscal year 1999 and each of the 4 succeeding
fiscal years.
``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
``(a) Outlying <<NOTE: Grants. 20 USC 2325.>> Areas.--From funds
reserved pursuant to
section 111(a)(1)(A), the Secretary shall--
``(1) make a grant in the amount of $500,000 to Guam; and
``(2) make a grant in the amount of $190,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands.
``(b) Remainder.--Subject to the provisions of subsection (a), the
Secretary shall make a grant of the remainder of funds reserved pursuant
to section 111(a)(1)(A) to the Pacific Region Educational Laboratory in
Honolulu, Hawaii, to make grants for vocational and technical education
and training in Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau, for the purpose of
providing direct vocational and technical educational services,
including--
``(1) teacher and counselor training and retraining;
``(2) curriculum development; and
``(3) the improvement of vocational and technical education
and training programs in secondary schools and institutions of
higher education, or improving cooperative education programs
involving both secondary schools and institutions of higher
education.
``(c) Limitation.--The Pacific Region Educational Laboratory may use
not more than 5 percent of the funds received under subsection (b) for
administrative costs.
``(d) Restriction.--Notwithstanding any other provision of law, the
Republic of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau shall not receive any funds under this title
for any fiscal year that begins after September 30, 2001.
``SEC. 116. <<NOTE: 20 USC 2326.>> NATIVE AMERICAN PROGRAM.
``(a) Definitions.--In this section:
``(1) Alaska native.--The term `Alaska Native' means a
Native as such term is defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(b)).
``(2) Bureau funded school.--The term `Bureau funded school'
has the meaning given the term in section 1146 of the Education
Amendments of 1978 (25 U.S.C. 2026).
[[Page 112 STAT. 3095]]
``(3) Indian, indian tribe, and tribal organization.--The
terms `Indian', `Indian tribe', and `tribal organization' have
the meanings given the terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(4) Native hawaiian.--The term `Native Hawaiian' means any
individual any of whose ancestors were natives, prior to 1778,
of the area which now comprises the State of Hawaii.
``(5) Native hawaiian organization.--The term `Native
Hawaiian organization' has the meaning given the term in section
9212 of the Native Hawaiian Education Act (20 U.S.C. 7912).
``(b) Program Authorized.--
``(1) Authority.--From <<NOTE: Grants. Contracts.>> funds
reserved under section 111(a)(1)(B)(i), the Secretary shall make
grants to and enter into contracts with Indian tribes, tribal
organizations, and Alaska Native entities to carry out the
authorized programs described in subsection (d), except that
such grants or contracts shall not be awarded to secondary
school programs in Bureau funded schools.
``(2) Indian tribes and tribal organizations.--The grants or
contracts described in this section (other than in subsection
(i)) that are awarded to any Indian tribe or tribal organization
shall be subject to the terms and conditions of section 102 of
the Indian Self-Determination Act (25 U.S.C. 450f ) and shall be
conducted in accordance with the provisions of sections 4, 5,
and 6 of the Act of April 16, 1934, which are relevant to the
programs administered under this subsection.
``(3) Special authority relating to secondary schools
operated or supported by the bureau of indian affairs.--An
Indian tribe, a tribal organization, or an Alaska Native entity,
that receives funds through a grant made or contract entered
into under paragraph (1) may use the funds to provide assistance
to a secondary school operated or supported by the Bureau of
Indian Affairs to enable such school to carry out vocational and
technical education programs.
``(4) Matching.--If sufficient funding is available, the
Bureau of Indian Affairs shall expend an amount equal to the
amount made available under this subsection, relating to
programs for Indians, to pay a part of the costs of programs
funded under this subsection. During each fiscal year the Bureau
of Indian Affairs shall expend not less than the amount expended
during the prior fiscal year on vocational and technical
education programs, services, and technical activities
administered either directly by, or under contract with, the
Bureau of Indian Affairs, except that in no year shall funding
for such programs, services, and activities be provided from
accounts and programs that support other Indian education
programs. The Secretary and the Assistant Secretary of the
Interior for Indian Affairs shall prepare jointly a plan for the
expenditure of funds made available and for the evaluation of
programs assisted under this subsection. Upon the completion of
a joint plan for the expenditure of the funds and the evaluation
of the programs, the Secretary shall assume responsibility for
the administration of the program, with the assistance and
consultation of the Bureau of Indian Affairs.
``(5) Regulations.--If the Secretary promulgates any
regulations applicable to subsection (b)(2), the Secretary
shall--
[[Page 112 STAT. 3096]]
``(A) confer with, and allow for active
participation by, representatives of Indian tribes,
tribal organizations, and individual tribal members; and
``(B) promulgate the regulations under subchapter
III of chapter 5 of title 5, United States Code,
commonly known as the ``Negotiated Rulemaking Act of
1990''.
``(6) Application.--Any Indian tribe, tribal organization,
or Bureau funded school eligible to receive assistance under
subsection (b) may apply individually or as part of a consortium
with another such Indian tribe, tribal organization, or Bureau
funded school.
``(c) Authorized Activities.--
``(1) Authorized programs.--Funds made available under this
section shall be used to carry out vocational and technical
education programs consistent with the purpose of this Act.
``(2) Stipends.--
``(A) In general.--Funds received pursuant to grants
or contracts awarded under subsection (b) may be used to
provide stipends to students who are enrolled in
vocational and technical education programs and who have
acute economic needs which cannot be met through work-
study programs.
``(B) Amount.--Stipends described in subparagraph
(A) shall not exceed reasonable amounts as prescribed by
the Secretary.
``(d) Grant or Contract Application.--In order to receive a grant or
contract under this section an organization, tribe, or entity described
in subsection (b) shall submit an application to the Secretary that
shall include an assurance that such organization, tribe, or entity
shall comply with the requirements of this section.
``(e) Restrictions and Special Considerations.--The Secretary may
not place upon grants awarded or contracts entered into under subsection
(b) any restrictions relating to programs other than restrictions that
apply to grants made to or contracts entered into with States pursuant
to allotments under section 111(a). The Secretary, in awarding grants
and entering into contracts under this paragraph, shall ensure that the
grants and contracts will improve vocational and technical education
programs, and shall give special consideration to--
``(1) programs that involve, coordinate with, or encourage
tribal economic development plans; and
``(2) applications from tribally controlled colleges or
universities that--
``(A) are accredited or are candidates for
accreditation by a nationally recognized accreditation
organization as an institution of postsecondary
vocational and technical education; or
``(B) operate vocational and technical education
programs that are accredited or are candidates for
accreditation by a nationally recognized accreditation
organization and issue certificates for completion of
vocational and technical education programs.
``(f ) Consolidation of Funds.--Each organization, tribe, or entity
receiving assistance under this section may consolidate such assistance
with assistance received from related programs in accordance with the
provisions of the Indian Employment, Training and
[[Page 112 STAT. 3097]]
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
``(g) Nonduplicative and Nonexclusive Services.--Nothing in this
section shall be construed--
``(1) to limit the eligibility of any organization, tribe,
or entity described in subsection (b) to participate in any
activity offered by an eligible agency or eligible recipient
under this title; or
``(2) to preclude or discourage any agreement, between any
organization, tribe, or entity described in subsection (b) and
any eligible agency or eligible recipient, to facilitate the
provision of services by such eligible agency or eligible
recipient to the population served by such eligible agency or
eligible recipient.
``(h) Native Hawaiian Programs.--From the funds reserved pursuant to
section 111(a)(1)(B)(ii), the Secretary shall award grants to or enter
into contracts with organizations primarily serving and representing
Native Hawaiians which are recognized by the Governor of the State of
Hawaii to plan, conduct, and administer programs, or portions thereof,
which are authorized by and consistent with the provisions of this
section for the benefit of Native Hawaiians.
``SEC. 117. <<NOTE: 20 USC 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.
[[Page 112 STAT. 3098]]
``(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
Act, 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, 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 the Act of
November 2, 1921 (commonly known as the `Snyder Act') (42 Stat.
208, chapter 115; 25 U.S.C. 13).
``(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 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) Needs Estimate and Report on Facilities and Facilities
Improvement.--
[[Page 112 STAT. 3099]]
``(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.
``(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 <<NOTE: Reports.>> 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 the date of enactment of this
Act.
``(h) Definitions.--In this section:
``(1) Indian.--The terms `Indian' and `Indian tribe' have
the meanings given the terms in section 2 of the Tribally
Controlled College or University Assistance Act of 1978.
``(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:
[[Page 112 STAT. 3100]]
``(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 each of the 4 succeeding fiscal years.
``SEC. 118. <<NOTE: 20 USC 2328.>> OCCUPATIONAL AND EMPLOYMENT
INFORMATION.
``(a) National Activities.--From funds appropriated under subsection
(f ), the Secretary, in consultation with appropriate Federal agencies,
is authorized--
``(1) to provide assistance to an entity to enable the
entity--
``(A) to provide technical assistance to State
entities designated under subsection (b) to enable the
State entities to carry out the activities described in
subsection (b);
``(B) to disseminate information that promotes the
replication of high quality practices described in
subsection (b);
``(C) to develop and disseminate products and
services related to the activities described in
subsection (b); and
``(2) to award grants to States that designate State
entities in accordance with subsection (b) to enable the State
entities to carry out the State level activities described in
subsection (b).
``(b) State Level Activities.--In order for a State to receive a
grant under this section, the eligible agency and the Governor of the
State shall jointly designate an entity in the State--
``(1) to provide support for a career guidance and academic
counseling program designed to promote improved career and
[[Page 112 STAT. 3101]]
education decisionmaking by individuals (especially in areas of
career information delivery and use);
``(2) to make available to students, parents, teachers,
administrators, and counselors, and to improve accessibility
with respect to, information and planning resources that relate
educational preparation to career goals and expectations;
``(3) to equip teachers, administrators, and counselors with
the knowledge and skills needed to assist students and parents
with career exploration, educational opportunities, and
education financing.
``(4) to assist appropriate State entities in tailoring
career-related educational resources and training for use by
such entities;
``(5) to improve coordination and communication among
administrators and planners of programs authorized by this Act
and by section 15 of the Wagner-Peyser Act at the Federal,
State, and local levels to ensure nonduplication of efforts and
the appropriate use of shared information and data; and
``(6) to provide ongoing means for customers, such as
students and parents, to provide comments and feedback on
products and services and to update resources, as appropriate,
to better meet customer requirements.
``(c) Nonduplication.--
``(1) Wagner-peyser act.--The State entity designated under
subsection (b) may use funds provided under subsection (b) to
supplement activities under section 15 of the Wagner-Peyser Act
to the extent such activities do not duplicate activities
assisted under such section.
``(2) Public law 105-220.--None of the functions and
activities assisted under this section shall duplicate the
functions and activities carried out under Public Law 105-220.
``(d) Funding Rule.--Of the amounts appropriated to carry out this
section, the Federal entity designated under subsection (a) shall use--
``(1) not less than 85 percent to carry out subsection (b);
and
``(2) not more than 15 percent to carry out subsection (a).
``(e) Report.--The Secretary, in consultation with appropriate
Federal agencies, shall prepare and submit to the appropriate committees
of Congress, an annual report that includes--
``(1) an identification of activities assisted under this
section during the prior program year;
``(2) a description of the specific products and services
assisted under this section that were delivered in the prior
program year; and
``(3) an assessment of the extent to which States have
effectively coordinated activities assisted under this section
with activities authorized under section 15 of the Wagner-Peyser
Act.
``(f ) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
each of the fiscal years 1999 through 2003.
[[Page 112 STAT. 3102]]
``PART B--STATE PROVISIONS
``SEC. 121. <<NOTE: 20 USC 2341.>> STATE ADMINISTRATION.
``(a) Eligible Agency Responsibilities.--
``(1) In general.--The responsibilities of an eligible
agency under this title shall include--
``(A) coordination of the development, submission,
and implementation of the State plan, and the evaluation
of the program, services, and activities assisted under
this title, including preparation for nontraditional
training and employment;
``(B) consultation with the Governor and appropriate
agencies, groups, and individuals including parents,
students, teachers, representatives of businesses, labor
organizations, eligible recipients, State and local
officials, and local program administrators, involved in
the planning, administration, evaluation, and
coordination of programs funded under this title;
``(C) convening and meeting as an eligible agency
(consistent with State law and procedure for the conduct
of such meetings) at such time as the eligible agency
determines necessary to carry out the eligible agency's
responsibilities under this title, but not less than
four times annually; and
``(D) the adoption of such procedures as the
eligible agency considers necessary to--
``(i) implement State level coordination with
the activities undertaken by the State boards
under section 111 of Public Law 105-220; and
``(ii) make available to the service delivery
system under section 121 of Public Law 105-220
within the State a listing of all school dropout,
postsecondary, and adult programs assisted under
this title.
``(2) Exception.--Except with respect to the
responsibilities set forth in paragraph (1), the eligible agency
may delegate any of the other responsibilities of the eligible
agency that involve the administration, operation, supervision
of activities assisted under this title, in whole or in part, to
one or more appropriate State agencies.
``SEC. 122. <<NOTE: 20 USC 2342.>> STATE PLAN.
``(a) State Plan.--
``(1) In general.--Each eligible agency desiring assistance
under this title for any fiscal year shall prepare and submit to
the Secretary a State plan for a 5-year period, together with
such annual revisions as the eligible agency determines to be
necessary.
``(2) Revisions.--Each eligible agency--
``(A) may submit such annual revisions of the State
plan to the Secretary as the eligible agency determines
to be necessary; and
``(B) shall, after the second year of the 5 year
State plan, conduct a review of activities assisted
under this title and submit any revisions of the State
plan that the eligible agency determines necessary to
the Secretary.
``(3) Hearing process.--The eligible agency shall conduct
public hearings in the State, after appropriate and sufficient
[[Page 112 STAT. 3103]]
notice, for the purpose of affording all segments of the public
and interested organizations and groups (including employers,
labor organizations, and parents), an opportunity to present
their views and make recommendations regarding the State plan. A
summary of such recommendations and the eligible agency's
response to such recommendations shall be included in the State
plan.
``(b) Plan Development.--
``(1) In general.--The eligible agency shall develop the
State plan in consultation with teachers, eligible recipients,
parents, students, interested community members, representatives
of special populations, representatives of business and
industry, and representatives of labor organizations in the
State, and shall consult the Governor of the State with respect
to such development.
``(2) Activities and procedures.--The eligible agency shall
develop effective activities and procedures, including access to
information needed to use such procedures, to allow the
individuals described in paragraph (1) to participate in State
and local decisions that relate to development of the State
plan.
``(c) Plan Contents.--The State plan shall include information
that--
``(1) describes the vocational and technical education
activities to be assisted that are designed to meet or exceed
the State adjusted levels of performance, including a
description of--
``(A) the secondary and postsecondary vocational and
technical education programs to be carried out,
including programs that will be carried out by the
eligible agency to develop, improve, and expand access
to quality, state-of-the-art technology in vocational
and technical education programs;
``(B) the criteria that will be used by the eligible
agency in approving applications by eligible recipients
for funds under this title;
``(C) how such programs will prepare vocational and
technical education students for opportunities in
postsecondary education or entry into high skill, high
wage jobs in current and emerging occupations; and
``(D) how funds will be used to improve or develop
new vocational and technical education courses;
``(2) describes how comprehensive professional development
(including initial teacher preparation) for vocational and
technical, academic, guidance, and administrative personnel will
be provided;
``(3) describes how the eligible agency will actively
involve parents, teachers, local businesses (including small-
and medium-sized businesses), and labor organizations in the
planning, development, implementation, and evaluation of such
vocational and technical education programs;
``(4) describes how funds received by the eligible agency
through the allotment made under section 111 will be allo-
cated--
[[Page 112 STAT. 3104]]
``(A) among secondary school vocational and
technical education, or postsecondary and adult
vocational and technical education, or both, including
the rationale for such allocation; and
``(B) among any consortia that will be formed among
secondary schools and eligible institutions, and how
funds will be allocated among the members of the
consortia, including the rationale for such allocation;
``(5) describes how the eligible agency will--
``(A) improve the academic and technical skills of
students participating in vocational and technical
education programs, including strengthening the
academic, and vocational and technical, components of
vocational and technical education programs through the
integration of academics with vocational and technical
education to ensure learning in the core academic, and
vocational and technical, subjects, and provide students
with strong experience in, and understanding of, all
aspects of an industry; and
``(B) ensure that students who participate in such
vocational and technical education programs are taught
to the same challenging academic proficiencies as are
taught to all other students;
``(6) describes how the eligible agency will annually
evaluate the effectiveness of such vocational and technical
education programs, and describe, to the extent practicable, how
the eligible agency is coordinating such programs to ensure
nonduplication with other existing Federal programs;
``(7) describes the eligible agency's program strategies for
special populations;
``(8) describes how individuals who are members of the
special populations--
``(A) will be provided with equal access to
activities assisted under this title;
``(B) will not be discriminated against on the basis
of their status as members of the special populations;
and
``(C) will be provided with programs designed to
enable the special populations to meet or exceed State
adjusted levels of performance, and prepare special
populations for further learning and for high skill,
high wage careers;
``(9) describe what steps the eligible agency shall take to
involve representatives of eligible recipients in the
development of the State adjusted levels of performance;
``(10) provides assurances that the eligible agency will
comply with the requirements of this title and the provisions of
the State plan, including the provision of a financial audit of
funds received under this title which may be included as part of
an audit of other Federal or State programs;
``(11) provides assurances that none of the funds expended
under this title will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
``(12) describes how the eligible agency will report data
relating to students participating in vocational and technical
education in order to adequately measure the progress of the
students, including special populations;
[[Page 112 STAT. 3105]]
``(13) describes how the eligible agency will adequately
address the needs of students in alternative education programs,
if appropriate;
``(14) describes how the eligible agency will provide local
educational agencies, area vocational and technical education
schools, and eligible institutions in the State with technical
assistance;
``(15) describes how vocational and technical education
relates to State and regional occupational opportunities;
``(16) describes the methods proposed for the joint planning
and coordination of programs carried out under this title with
other Federal education programs;
``(17) describes how funds will be used to promote
preparation for nontraditional training and employment;
``(18) describes how funds will be used to serve individuals
in State correctional institutions;
``(19) describes how funds will be used effectively to link
secondary and postsecondary education;
``(20) describes how the eligible agency will ensure that
the data reported to the eligible agency from local educational
agencies and eligible institutions under this title and the data
the eligible agency reports to the Secretary are complete,
accurate, and reliable; and
``(21) contains the description and information specified in
sections 112(b)(8) and 121(c) of Public Law 105-220 concerning
the provision of services only for postsecondary students and
school dropouts.
``(d) Plan Option.--The eligible agency may fulfill the requirements
of subsection (a) by submitting a plan under section 501 of Public Law
105-220.
``(e) Plan Approval.--
``(1) In general.--The Secretary shall approve a State plan,
or a revision to an approved State plan, unless the Secretary
determines that--
``(A) the State plan, or revision, respectively,
does not meet the requirements of this section; or
``(B) the State's levels of performance on the core
indicators of performance consistent with section 113
are not sufficiently rigorous to meet the purpose of
this Act.
``(2) Disapproval.--The Secretary shall not finally
disapprove a State plan, except after giving the eligible agency
notice and an opportunity for a hearing.
``(3) Consultation.--The eligible agency shall develop the
portion of each State plan relating to the amount and uses of
any funds proposed to be reserved for adult vocational and
technical education, postsecondary vocational and technical
education, tech-prep education, and secondary vocational and
technical education after consultation with the State agency
responsible for supervision of community colleges, technical
institutes, or other 2-year postsecondary institutions primarily
engaged in providing postsecondary vocational and technical
education, and the State agency responsible for secondary
education. If a State agency finds that a portion of the final
State plan is objectionable, the State agency shall file such
objections with the eligible agency. The eligible agency shall
respond to any objections of the State agency in the State plan
submitted to the Secretary.
[[Page 112 STAT. 3106]]
``(4) Timeframe.--A State plan shall be deemed approved by
the Secretary if the Secretary has not responded to the eligible
agency regarding the State plan within 90 days of the date the
Secretary receives the State plan.
``(f ) Transition.--This section shall be subject to section 4 for
fiscal year 1999 only, with respect to activities under this section.
``SEC. 123. <<NOTE: 20 USC 2343.>> IMPROVEMENT PLANS.
``(a) State Program Improvement Plan.--If a State fails to meet the
State adjusted levels of performance described in the report submitted
under section 113(c), the eligible agency shall develop and implement a
program improvement plan in consultation with appropriate agencies,
individuals, and organizations for the first program year succeeding the
program year in which the eligible agency failed to meet the State
adjusted levels of performance, in order to avoid a sanction under
subsection (d).
``(b) Local Evaluation.--Each eligible agency shall evaluate
annually, using the State adjusted levels of performance, the vocational
and technical education activities of each eligible recipient receiving
funds under this title.
``(c) Local Improvement Plan.--
``(1) In general.--If, after reviewing the evaluation, the
eligible agency determines that an eligible recipient is not
making substantial progress in achieving the State adjusted
levels of performance, the eligible agency shall--
``(A) conduct an assessment of the educational needs
that the eligible recipient shall address to overcome
local performance deficiencies;
``(B) enter into an improvement plan based on the
results of the assessment, which plan shall include
instructional and other programmatic innovations of
demonstrated effectiveness, and where necessary,
strategies for appropriate staffing and staff
development; and
``(C) conduct regular evaluations of the progress
being made toward reaching the State adjusted levels of
performance.
``(2) Consultation.--The eligible agency shall conduct the
activities described in paragraph (1) in consultation with
teachers, parents, other school staff, appropriate agencies, and
other appropriate individuals and organizations.
``(d) Sanctions.--
``(1) Technical assistance.--If the Secretary determines
that an eligible agency is not properly implementing the
eligible agency's responsibilities under section 122, or is not
making substantial progress in meeting the purpose of this Act,
based on the State adjusted levels of performance, the Secretary
shall work with the eligible agency to implement improvement
activities consistent with the requirements of this Act.
``(2) Failure.--If an eligible agency fails to meet the
State adjusted levels of performance, has not implemented an
improvement plan as described in paragraph (1), has shown no
improvement within 1 year after implementing an improvement plan
as described in paragraph (1), or has failed to meet the State
adjusted levels of performance for 2 or more consecutive years,
the Secretary may, after notice and opportunity for a hearing,
withhold from the eligible agency all, or a portion
[[Page 112 STAT. 3107]]
of, the eligible agency's allotment under this title. The
Secretary may waive the sanction under this paragraph due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(3) Funds resulting from reduced allotments.--
``(A) In general.--The Secretary shall use funds
withheld under paragraph (2), for a State served by an
eligible agency, to provide (through alternative
arrangements) services and activities within the State
to meet the purpose of this Act.
``(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under paragraph (2),
then the amount of funds retained by the Secretary as a
result of a reduction in an allotment made under
paragraph (2) shall be redistributed to other eligible
agencies in accordance with section 111.
``SEC. 124. <<NOTE: 20 USC 2344.>> STATE LEADERSHIP ACTIVITIES.
``(a) General Authority.--From amounts reserved under section
112(a)(2), each eligible agency shall conduct State leadership
activities.
``(b) Required Uses of Funds.--The State leadership activities
described in subsection (a) shall include--
``(1) an assessment of the vocational and technical
education programs carried out with funds under this title that
includes an assessment of how the needs of special populations
are being met and how such programs are designed to enable
special populations to meet State adjusted levels of performance
and prepare the special populations for further learning or for
high skill, high wage careers;
``(2) developing, improving, or expanding the use of
technology in vocational and technical education that may
include--
``(A) training of vocational and technical education
personnel to use state-of-the-art technology, that may
include distance learning;
``(B) providing vocational and technical education
students with the academic, and vocational and technical
skills that lead to entry into the high technology and
telecommunications field; or
``(C) encouraging schools to work with high
technology industries to offer voluntary internships and
mentoring programs;
``(3) professional development programs, including providing
comprehensive professional development (including initial
teacher preparation) for vocational and technical, academic,
guidance, and administrative personnel, that--
``(A) will provide inservice and preservice training
in state-of-the-art vocational and technical education
programs and techniques, effective teaching skills based
on research, and effective practices to improve parental
and community involvement; and
``(B) will help teachers and personnel to assist
students in meeting the State adjusted levels of
performance established under section 113;
``(C) will support education programs for teachers
of vocational and technical education in public schools
and
[[Page 112 STAT. 3108]]
other public school personnel who are involved in the
direct delivery of educational services to vocational
and technical education students to ensure that such
teachers stay current with the needs, expectations, and
methods of industry; and
``(D) is integrated with the professional
development activities that the State carries out under
title II of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6001 et seq.) and title II of the
Higher Education Act of 1965;
``(4) support for vocational and technical education
programs that improve the academic, and vocational and technical
skills of students participating in vocational and technical
education programs by strengthening the academic, and vocational
and technical components of such vocational and technical
education programs through the integration of academics with
vocational and technical education to ensure learning in the
core academic, and vocational and technical subjects;
``(5) providing preparation for nontraditional training and
employment;
``(6) supporting partnerships among local educational
agencies, institutions of higher education, adult education
providers, and, as appropriate, other entities, such as
employers, labor organizations, parents, and local partnerships,
to enable students to achieve State academic standards, and
vocational and technical skills;
``(7) serving individuals in State institutions, such as
State correctional institutions and institutions that serve
individuals with disabilities; and
``(8) support for programs for special populations that lead
to high skill, high wage careers.
``(c) Permissible Uses of Funds.--The leadership activities
described in subsection (a) may include--
``(1) technical assistance for eligible recipients;
``(2) improvement of career guidance and academic counseling
programs that assist students in making informed academic, and
vocational and technical education decisions;
``(3) establishment of agreements between secondary and
postsecondary vocational and technical education programs in
order to provide postsecondary education and training
opportunities for students participating in such vocational and
technical education programs, such as tech-prep programs;
``(4) support for cooperative education;
``(5) support for vocational and technical student
organizations, especially with respect to efforts to increase
the participation of students who are members of special
populations;
``(6) support for public charter schools operating secondary
vocational and technical education programs;
``(7) support for vocational and technical education
programs that offer experience in, and understanding of, all
aspects of an industry for which students are preparing to
enter;
``(8) support for family and consumer sciences programs;
``(9) support for education and business partnerships;
``(10) support to improve or develop new vocational and
technical education courses;
[[Page 112 STAT. 3109]]
``(11) providing vocational and technical education programs
for adults and school dropouts to complete their secondary
school education; and
``(12) providing assistance to students, who have
participated in services and activities under this title, in
finding an appropriate job and continuing their education.
``(d) Restriction on Uses of Funds.--An eligible agency that
receives funds under section 112(a)(2) may not use any of such funds for
administrative costs.
``PART C--LOCAL PROVISIONS
``SEC. 131. <<NOTE: 20 USC 2351.>> DISTRIBUTION OF FUNDS TO SECONDARY
SCHOOL PROGRAMS.
``(a) Distribution for Fiscal Year 1999.--Except as provided in
section 133 and as otherwise provided in this section, each eligible
agency shall distribute the portion of the funds made available under
section 112(a)(1) to carry out this section for fiscal year 1999 to
local educational agencies within the State as follows:
``(1) Seventy percent.--From 70 percent of such portion,
each local educational agency shall be allocated an amount that
bears the same relationship to such 70 percent as the amount
such local educational agency was allocated under section 1124
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333) for the preceding fiscal year bears to the total amount
received under such section by all local educational agencies in
the State for such preceding fiscal year.
``(2) Twenty percent.--From 20 percent of such portion, each
local educational agency shall be allocated an amount that bears
the same relationship to such 20 percent as the number of
students with disabilities who have individualized education
programs under section 614(d) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d)) served by such
local educational agency for the preceding fiscal year bears to
the total number of such students served by all local
educational agencies in the State for such preceding fiscal
year.
``(3) Ten percent.--From 10 percent of such portion, each
local educational agency shall be allocated an amount that bears
the same relationship to such 10 percent as the number of
students enrolled in schools and adults enrolled in training
programs under the jurisdiction of such local educational agency
for the preceding fiscal year bears to the number of students
enrolled in schools and adults enrolled in training programs
under the jurisdiction of all local educational agencies in the
State for such preceding fiscal year.
``(b) Special Distribution Rules for Succeeding Fiscal Years.--
Except as provided in section 133 and as otherwise provided in this
section, each eligible agency shall distribute the portion of funds made
available under section 112(a)(1) to carry out this section for fiscal
year 2000 and succeeding fiscal years to local educational agencies
within the State as follows:
``(1) 30 percent.--30 percent shall be allocated to such
local educational agencies in proportion to the number of
individuals aged 15 through 19, inclusive, who reside in the
school district served by such local educational agency for the
preceding fiscal year compared to the total number of such
individuals who reside in the school districts served by all
[[Page 112 STAT. 3110]]
local educational agencies in the State for such preceding
fiscal year.
``(2) 70 percent.--70 percent shall be allocated to such
local educational agencies in proportion to the number of
individuals aged 15 through 19, inclusive, who reside in the
school district served by such local educational agency from
families with incomes below the poverty line (as defined by the
Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved for the fiscal year for which the determination is
made compared to the number of such individuals who reside in
the school districts served by all the local educational
agencies in the State for such preceding fiscal year.
``(c) Waiver for More Equitable Distribution.--The Secretary may
waive the application of subsection (b) in the case of any eligible
agency that submits to the Secretary an application for such a waiver
that--
``(1) demonstrates that a proposed alternative formula more
effectively targets funds on the basis of poverty (as defined by
the Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)) to local educational agencies
within the State than the formula described in subsection (b);
and
``(2) includes a proposal for such an alternative formula.
``(d) Minimum Allocation.--
``(1) In general.--Except as provided in paragraph (2), a
local educational agency shall not receive an allocation under
subsection (a) unless the amount allocated to such agency under
subsection (a) is greater than $15,000. A local educational
agency may enter into a consortium with other local educational
agencies for purposes of meeting the minimum allocation
requirement of this paragraph.
``(2) Waiver.--The eligible agency shall waive the
application of paragraph (1) in any case in which the local
educational agency--
``(A)(i) is located in a rural, sparsely populated
area, or
``(ii) is a public charter school operating
secondary vocational and technical education programs;
and
``(B) demonstrates that the local educational agency
is unable to enter into a consortium for purposes of
providing activities under this part.
``(3) Redistribution.--Any amounts that are not allocated by
reason of paragraph (1) or paragraph (2) shall be redistributed
to local educational agencies that meet the requirements of
paragraph (1) or (2) in accordance with the provisions of this
section.
``(e) Limited Jurisdiction Agencies.--
``(1) In general.--In applying the provisions of subsection
(a), no eligible agency receiving assistance under this title
shall allocate funds to a local educational agency that serves
only elementary schools, but shall distribute such funds to the
local educational agency or regional educational agency that
provides secondary school services to secondary school students
in the same attendance area.
[[Page 112 STAT. 3111]]
``(2) Special rule.--The amount to be allocated under
paragraph (1) to a local educational agency that has
jurisdiction only over secondary schools shall be determined
based on the number of students that entered such secondary
schools in the previous year from the elementary schools
involved.
``(f ) Allocations to Area Vocational and Technical Education
Schools and Educational Service Agencies.--
``(1) In general.--Each eligible agency shall distribute the
portion of funds made available under section 112(a)(1) for any
fiscal year by such eligible agency for secondary school
vocational and technical education activities under this section
to the appropriate area vocational and technical education
school or educational service agency in any case in which the
area vocational and technical education school or educational
service agency, and the local educational agency concerned--
``(A) have formed or will form a consortium for the
purpose of receiving funds under this section; or
``(B) have entered into or will enter into a
cooperative arrangement for such purpose.
``(2) Allocation basis.--If an area vocational and technical
education school or educational service agency meets the
requirements of paragraph (1), then the amount that would
otherwise be distributed to the local educational agency shall
be allocated to the area vocational and technical education
school, the educational service agency, and the local
educational agency based on each school, agency or entity's
relative share of students who are attending vocational and
technical education programs (based, if practicable, on the
average enrollment for the preceding 3 years;
``(3) Appeals procedure.--The eligible agency shall
establish an appeals procedure for resolution of any dispute
arising between a local educational agency and an area
vocational and technical education school or an educational
service agency with respect to the allocation procedures
described in this section, including the decision of a local
educational agency to leave a consortium or terminate a
cooperative arrangement.
``(g) Consortium Requirements.--
``(1) Alliance.--Any local educational agency receiving an
allocation that is not sufficient to conduct a program which
meets the requirements of section 135 is encouraged to--
``(A) <<NOTE: Contracts.>> form a consortium or
enter into a cooperative agreement with an area
vocational and technical education school or educational
service agency offering programs that meet the
requirements of section 135;
``(B) transfer such allocation to the area
vocational and technical education school or educational
service agency; and
``(C) operate programs that are of sufficient size,
scope, and quality to be effective.
``(2) Funds to consortium.--Funds allocated to a consortium
formed to meet the requirements of this paragraph shall be used
only for purposes and programs that are mutually beneficial to
all members of the consortium and can be used only for programs
authorized under this title. Such funds may not be reallocated
to individual members of the consortium for purposes or programs
benefiting only one member of the consortium.
[[Page 112 STAT. 3112]]
``(h) Data.--The Secretary shall collect information from eligible
agencies regarding the specific dollar allocations made available by the
eligible agency for vocational and technical education programs under
subsections (a), (b), (c), and (d) and how these allocations are
distributed to local educational agencies, area vocational and technical
education schools, and educational service agencies, within the State in
accordance with this section.
``(i) Special Rule.--Each eligible agency distributing funds under
this section shall treat a secondary school funded by the Bureau of
Indian Affairs within the State as if such school were a local
educational agency within the State for the purpose of receiving a
distribution under this section.
``SEC. 132. <<NOTE: 20 USC 2352.>> DISTRIBUTION OF FUNDS FOR
POSTSECONDARY VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS.
``(a) Allocation.--
``(1) In general.--Except as provided in subsections (b) and
(c) and section 133, each eligible agency shall distribute the
portion of the funds made available under section 112(a)(1) to
carry out this section for any fiscal year to eligible
institutions or consortia of eligible institutions within the
State.
``(2) Formula.--Each eligible institution or consortium of
eligible institutions shall be allocated an amount that bears
the same relationship to the portion of funds made available
under section 112(a)(1) to carry out this section for any fiscal
year as the sum of the number of individuals who are Federal
Pell Grant recipients and recipients of assistance from the
Bureau of Indian Affairs enrolled in programs meeting the
requirements of section 135 offered by such institution or
consortium in the preceding fiscal year bears to the sum of the
number of such recipients enrolled in such programs within the
State for such year.
``(3) Consortium requirements.--
``(A) In general.--In order for a consortium of
eligible institutions described in paragraph (2) to
receive assistance pursuant to such paragraph, such
consortium shall operate joint projects that--
``(i) provide services to all postsecondary
institutions participating in the consortium; and
``(ii) are of sufficient size, scope, and
quality to be effective.
``(B) Funds to consortium.--Funds allocated to a
consortium formed to meet the requirements of this
section shall be used only for purposes and programs
that are mutually beneficial to all members of the
consortium and shall be used only for programs
authorized under this title. Such funds may not be
reallocated to individual members of the consortium for
purposes or programs benefiting only one member of the
consortium.
``(4) Waiver.--The eligible agency may waive the application
of paragraph (3)(A)(i) in any case in which the eligible
institution is located in a rural, sparsely populated area.
``(b) Waiver for More Equitable Distribution.--The Secretary may
waive the application of subsection (a) if an eligible agency submits to
the Secretary an application for such a waiver that--
[[Page 112 STAT. 3113]]
``(1) demonstrates that the formula described in subsection
(a) does not result in a distribution of funds to the eligible
institutions or consortia within the State that have the highest
numbers of economically disadvantaged individuals and that an
alternative formula will result in such a distribution; and
``(2) includes a proposal for such an alternative formula.
``(c) Minimum Grant Amount.--
``(1) In general.--No institution or consortium shall
receive an allocation under this section in an amount that is
less than $50,000.
``(2) Redistribution.--Any amounts that are not distributed
by reason of paragraph (1) shall be redistributed to eligible
institutions or consortia in accordance with this section.
``SEC. 133. <<NOTE: 20 USC 2353.>> SPECIAL RULES FOR VOCATIONAL AND
TECHNICAL EDUCATION.
``(a) Special Rule for Minimal Allocation.--
``(1) General authority.--Notwithstanding the provisions of
sections 131 and 132 and in order to make a more equitable
distribution of funds for programs serving the areas of greatest
economic need, for any program year for which a minimal amount
is made available by an eligible agency for distribution under
section 131 or 132, such State may distribute such minimal
amount for such year--
``(A) on a competitive basis; or
``(B) through any alternative method determined by
the State.
``(2) Minimal amount.--For purposes of this section, the
term `minimal amount' means not more than 15 percent of the
total amount made available for distribution under section
112(a)(1).
``(b) Redistribution.--
``(1) In general.--In any academic year that an eligible
recipient does not expend all of the amounts the eligible
recipient is allocated for such year under section 131 or 132,
such eligible recipient shall return any unexpended amounts to
the eligible agency to be reallocated under section 131 or 132,
as appropriate.
``(2) Redistribution of amounts returned late in an academic
year.--In any academic year in which amounts are returned to the
eligible agency under section 131 or 132 and the eligible agency
is unable to reallocate such amounts according to such sections
in time for such amounts to be expended in such academic year,
the eligible agency shall retain such amounts for distribution
in combination with amounts provided under section 112(a)(1) for
the following academic year.
``(c) Construction.--Nothing in section 131 or 132 shall be
construed--
``(1) to prohibit a local educational agency or a consortium
thereof that receives assistance under section 131, from working
with an eligible institution or consortium thereof that receives
assistance under section 132, to carry out secondary school
vocational and technical education programs in accordance with
this title;
``(2) to prohibit an eligible institution or consortium
thereof that receives assistance under section 132, from working
with a local educational agency or consortium thereof that
receives
[[Page 112 STAT. 3114]]
assistance under section 131, to carry out postsecondary and
adult vocational and technical education programs in accordance
with this title; or
``(3) to require a charter school, that provides vocational
and technical education programs and is considered a local
educational agency under State law, to jointly establish the
charter school's eligibility for assistance under this title
unless the charter school is explicitly permitted to do so under
the State's charter school statute.
``(d) Consistent Application.--For purposes of this section, the
eligible agency shall provide funds to charter schools offering
vocational and technical education programs in the same manner as the
eligible agency provides those funds to other schools. Such vocational
and technical education programs within a charter school shall be of
sufficient size, scope, and quality to be effective.
``SEC. 134. <<NOTE: 20 USC 2354.>> LOCAL PLAN FOR VOCATIONAL AND
TECHNICAL EDUCATION PROGRAMS.
``(a) Local Plan Required.--Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the eligible agency (in consultation with
such other educational entities as the eligible agency determines to be
appropriate) submit a local plan to the eligible agency. Such local plan
shall cover the same period of time as the period of time applicable to
the State plan submitted under section 122.
``(b) Contents.--The eligible agency shall determine requirements
for local plans, except that each local plan shall--
``(1) describe how the vocational and technical education
programs required under section 135(b) will be carried out with
funds received under this title;
``(2) describe how the vocational and technical education
activities will be carried out with respect to meeting State
adjusted levels of performance established under section 113;
``(3) describe how the eligible recipient will--
``(A) improve the academic and technical skills of
students participating in vocational and technical
education programs by strengthening the academic, and
vocational and technical components of such programs
through the integration of academics with vocational and
technical education programs through a coherent sequence
of courses to ensure learning in the core academic, and
vocational and technical subjects;
``(B) provide students with strong experience in and
understanding of all aspects of an industry; and
``(C) ensure that students who participate in such
vocational and technical education programs are taught
to the same challenging academic proficiencies as are
taught for all other students;
``(4) describe how parents, students, teachers,
representatives of business and industry, labor organizations,
representatives of special populations, and other interested
individuals are involved in the development, implementation, and
evaluation of vocational and technical education programs
assisted under this title, and how such individuals and entities
are effectively informed about, and assisted in understanding,
the requirements of this title;
[[Page 112 STAT. 3115]]
``(5) provide assurances that the eligible recipient will
provide a vocational and technical education program that is of
such size, scope, and quality to bring about improvement in the
quality of vocational and technical education programs;
``(6) describe the process that will be used to
independently evaluate and continuously improve the performance
of the eligible recipient;
``(7) describe how the eligible recipient--
``(A) will review vocational and technical education
programs, and identify and adopt strategies to overcome
barriers that result in lowering rates of access to or
lowering success in the programs, for special
populations; and
``(B) will provide programs that are designed to
enable the special populations to meet the State
adjusted levels of performance;
``(8) describe how individuals who are members of the
special populations will not be discriminated against on the
basis of their status as members of the special populations;
``(9) describe how funds will be used to promote preparation
for nontraditional training and employment; and
``(10) describe how comprehensive professional development
(including initial teacher preparation) for vocational and
technical, academic, guidance, and administrative personnel will
be provided.
``SEC. 135. <<NOTE: 20 USC 2355.>> LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that receives
funds under this part shall use such funds to improve vocational and
technical education programs.
``(b) Requirements for Uses of Funds.--Funds made available to
eligible recipients under this part shall be used to support vocational
and technical education programs that--
``(1) strengthen the academic, and vocational and technical
skills of students participating in vocational and technical
education programs by strengthening the academic, and vocational
and technical components of such programs through the
integration of academics with vocational and technical education
programs through a coherent sequence of courses to ensure
learning in the core academic, and vocational and technical
subjects;
``(2) provide students with strong experience in and
understanding of all aspects of an industry;
``(3) develop, improve, or expand the use of technology in
vocational and technical education, which may include--
``(A) training of vocational and technical education
personnel to use state-of-the-art technology, which may
include distance learning;
``(B) providing vocational and technical education
students with the academic, and vocational and technical
skills that lead to entry into the high technology and
telecommunications field; or
``(C) encouraging schools to work with high
technology industries to offer voluntary internships and
mentoring programs;
``(4) provide professional development programs to teachers,
counselors, and administrators, including--
[[Page 112 STAT. 3116]]
``(A) inservice and preservice training in state-of-
the-art vocational and technical education programs and
techniques, in effective teaching skills based on
research, and in effective practices to improve parental
and community involvement;
``(B) support of education programs for teachers of
vocational and technical education in public schools and
other public school personnel who are involved in the
direct delivery of educational services to vocational
and technical education students, to ensure that such
teachers and personnel stay current with all aspects of
an industry;
``(C) internship programs that provide business
experience to teachers; and
``(D) programs designed to train teachers
specifically in the use and application of technology;
``(5) develop and implement evaluations of the vocational
and technical education programs carried out with funds under
this title, including an assessment of how the needs of special
populations are being met;
``(6) initiate, improve, expand, and modernize quality
vocational and technical education programs;
``(7) provide services and activities that are of sufficient
size, scope, and quality to be effective; and
``(8) link secondary vocational and technical education and
postsecondary vocational and technical education, including
implementing tech-prep programs.
``(c) Permissive.--Funds made available to an eligible recipient
under this title may be used--
``(1) to involve parents, businesses, and labor
organizations as appropriate, in the design, implementation, and
evaluation of vocational and technical education programs
authorized under this title, including establishing effective
programs and procedures to enable informed and effective
participation in such programs;
``(2) to provide career guidance and academic counseling for
students participating in vocational and technical education
programs;
``(3) to provide work-related experience, such as
internships, cooperative education, school-based enterprises,
entrepreneurship, and job shadowing that are related to
vocational and technical education programs;
``(4) to provide programs for special populations;
``(5) for local education and business partnerships;
``(6) to assist vocational and technical student
organizations;
``(7) for mentoring and support services;
``(8) for leasing, purchasing, upgrading or adapting
equipment, including instructional aides;
``(9) for teacher preparation programs that assist
individuals who are interested in becoming vocational and
technical education instructors, including individuals with
experience in business and industry;
``(10) for improving or developing new vocational and
technical education courses;
``(11) to provide support for family and consumer sciences
programs;
[[Page 112 STAT. 3117]]
``(12) to provide vocational and technical education
programs for adults and school dropouts to complete their
secondary school education;
``(13) to provide assistance to students who have
participated in services and activities under this title in
finding an appropriate job and continuing their education;
``(14) to support nontraditional training and employment
activities; and
``(15) to support other vocational and technical education
activities that are consistent with the purpose of this Act.
``(d) Administrative Costs.--Each eligible recipient receiving funds
under this part shall not use more than 5 percent of the funds for
administrative costs associated with the administration of activities
assisted under this section.
``TITLE <<NOTE: Tech-Prep Education Act.>> II--TECH-PREP EDUCATION
``SEC. 201. <<NOTE: 20 USC 2301 note.>> SHORT TITLE.
``This title may be cited as the `Tech-Prep Education Act'.
``SEC. 202. <<NOTE: 20 USC 2371.>> DEFINITIONS.
``(a) In this title:
``(1) Articulation agreement.--The term `articulation
agreement' means a written commitment to a program designed to
provide students with a nonduplicative sequence of progressive
achievement leading to degrees or certificates in a tech-prep
education program.
``(2) Community college.--The term `community college'--
``(A) means an institution of higher education, as
defined in section 101 of the Higher Education Act of
1965, that provides not less than a 2-year program that
is acceptable for full credit toward a bachelor's
degree; and
``(B) includes tribally controlled colleges or
universities.
``(3) Tech-prep program.--The term `tech-prep program' means
a program of study that--
``(A) combines at a minimum 2 years of secondary
education (as determined under State law) with a minimum
of 2 years of postsecondary education in a
nonduplicative, sequential course of study;
``(B) integrates academic, and vocational and
technical, instruction, and utilizes work-based and
worksite learning where appropriate and available;
``(C) provides technical preparation in a career
field such as engineering technology, applied science, a
mechanical, industrial, or practical art or trade,
agriculture, health occupations, business, or applied
economics;
``(D) builds student competence in mathematics,
science, reading, writing, communications, economics,
and workplace skills through applied, contextual
academics, and integrated instruction, in a coherent
sequence of courses;
``(E) leads to an associate or a baccalaureate
degree or a postsecondary certificate in a specific
career field; and
[[Page 112 STAT. 3118]]
``(F) leads to placement in appropriate employment
or to further education.
``SEC. 203. <<NOTE: 20 USC 2372.>> STATE ALLOTMENT AND APPLICATION.
``(a) In General.--For any fiscal year, the Secretary shall allot
the amount made available under section 206 among the States in the same
manner as funds are allotted to States under paragraph (2) of section
111(a).
``(b) Payments to Eligible Agencies.--The Secretary shall make a
payment in the amount of a State's allotment under subsection (a) to the
eligible agency that serves the State and has an application approved
under subsection (c).
``(c) State Application.--Each eligible agency desiring assistance
under this title shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
``SEC. 204. <<NOTE: 20 USC 2373.>> TECH-PREP EDUCATION.
``(a) Grant Program Authorized.--
``(1) In general.--From amounts made available to each
eligible agency under section 203, the eligible agency, in
accordance with the provisions of this title, shall award
grants, on a competitive basis or on the basis of a formula
determined by the eligible agency, for tech-prep education
programs described in subsection (c). The grants shall be
awarded to consortia between or among--
``(A) a local educational agency, an intermediate
educational agency or area vocational and technical
education school serving secondary school students, or a
secondary school funded by the Bureau of Indian Affairs;
and
``(B)(i) a nonprofit institution of higher education
that offers--
``(I) a 2-year associate degree program, or a
2-year certificate program, and is qualified as
institutions of higher education pursuant to
section 102 of the Higher Education Act of 1965,
including an institution receiving assistance
under the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801
et seq.) and a tribally controlled postsecondary
vocational and technical institution; or
``(II) a 2-year apprenticeship program that
follows secondary instruction,
if such nonprofit institution of higher education is not
prohibited from receiving assistance under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) pursuant to the provisions of section
435(a)(3) of such Act (20 U.S.C. 1083(a)); or
``(ii) a proprietary institution of higher education
that offers a 2-year associate degree program and is
qualified as an institution of higher education pursuant
to section 102 of the Higher Education Act of 1965, if
such proprietary institution of higher education is not
subject to a default management plan required by the
Secretary.
``(2) Special rule.--In addition, a consortium described in
paragraph (1) may include 1 or more--
``(A) institutions of higher education that award a
baccalaureate degree; and
``(B) employer or labor organizations.
[[Page 112 STAT. 3119]]
``(b) Duration.--Each grant recipient shall use amounts provided
under the grant to develop and operate a 4- or 6-year tech-prep
education program described in subsection (c).
``(c) Contents of Tech-Prep Program.--Each tech-prep program shall--
``(1) be carried out under an articulation agreement between
the participants in the consortium;
``(2) consist of at least 2 years of secondary school
preceding graduation and 2 years or more of higher education, or
an apprenticeship program of at least 2 years following
secondary instruction, with a common core of required
proficiency in mathematics, science, reading, writing,
communications, and technologies designed to lead to an
associate's degree or a postsecondary certificate in a specific
career field;
``(3) include the development of tech-prep programs for both
secondary and postsecondary, including consortium, participants
in the consortium that--
``(A) meets academic standards developed by the
State;
``(B) links secondary schools and 2-year
postsecondary institutions, and if possible and
practicable, 4-year institutions of higher education
through nonduplicative sequences of courses in career
fields, including the investigation of opportunities for
tech-prep secondary students to enroll concurrently in
secondary and postsecondary coursework;
``(C) uses, if appropriate and available, work-based
or worksite learning in conjunction with business and
all aspects of an industry; and
``(D) uses educational technology and distance
learning, as appropriate, to involve all the consortium
partners more fully in the development and operation of
programs;
``(4) include in-service training for teachers that--
``(A) is designed to train vocational and technical
teachers to effectively implement tech-prep programs;
``(B) provides for joint training for teachers in
the tech-prep consortium;
``(C) is designed to ensure that teachers and
administrators stay current with the needs,
expectations, and methods of business and all aspects of
an industry;
``(D) focuses on training postsecondary education
faculty in the use of contextual and applied curricula
and instruction; and
``(E) provides training in the use and application
of technology;
``(5) include training programs for counselors designed to
enable counselors to more effectively--
``(A) provide information to students regarding
tech-prep education programs;
``(B) support student progress in completing tech-
prep programs;
``(C) provide information on related employment
opportunities;
``(D) ensure that such students are placed in
appropriate employment; and
``(E) stay current with the needs, expectations, and
methods of business and all aspects of an industry;
[[Page 112 STAT. 3120]]
``(6) provide equal access, to the full range of technical
preparation programs, to individuals who are members of special
populations, including the development of tech-prep program
services appropriate to the needs of special populations; and
``(7) provide for preparatory services that assist
participants in tech-prep programs.
``(d) Additional Authorized Activities.--Each tech-prep program
may--
``(1) provide for the acquisition of tech-prep program
equipment;
``(2) acquire technical assistance from State or local
entities that have designed, established, and operated tech-prep
programs that have effectively used educational technology and
distance learning in the delivery of curricula and services and
in the articulation process; and
``(3) establish articulation agreements with institutions of
higher education, labor organizations, or businesses located
inside or outside the State and served by the consortium,
especially with regard to using distance learning and
educational technology to provide for the delivery of services
and programs.
``SEC. 205. <<NOTE: 20 USC 2374.>> CONSORTIUM APPLICATIONS.
``(a) In General.--Each consortium that desires to receive a grant
under this title shall submit an application to the eligible agency at
such time and in such manner as the eligible agency shall prescribe.
``(b) Plan.--Each application submitted under this section shall
contain a 5-year plan for the development and implementation of tech-
prep programs under this title, which plan shall be reviewed after the
second year of the plan.
``(c) Approval.--The eligible agency shall approve applications
based on the potential of the activities described in the application to
create an effective tech-prep program.
``(d) Special Consideration.--The eligible agency, as appropriate,
shall give special consideration to applications that--
``(1) provide for effective employment placement activities
or the transfer of students to baccalaureate degree programs;
``(2) are developed in consultation with business, industry,
institutions of higher education, and labor organizations;
``(3) address effectively the issues of school dropout
prevention and reentry and the needs of special populations;
``(4) provide education and training in areas or skills in
which there are significant workforce shortages, including the
information technology industry; and
``(5) demonstrate how tech-prep programs will help students
meet high academic and employability competencies.
``(e) Equitable Distribution of Assistance.--In awarding grants
under this title, the eligible agency shall ensure an equitable
distribution of assistance between urban and rural consortium
participants.
``SEC. 206. <<NOTE: 20 USC 2375.>> REPORT.
``Each eligible agency that receives a grant under this title
annually shall prepare and submit to the Secretary a report on the
effectiveness of the tech-prep programs assisted under this title,
including a description of how grants were awarded within the State.
[[Page 112 STAT. 3121]]
``SEC. 207. <<NOTE: 20 USC 2376.>> DEMONSTRATION PROGRAM.
``(a) Demonstration Program Authorized.--From funds appropriated
under subsection (e) for a fiscal year, the Secretary shall award grants
to consortia described in section 204(a) to enable the consortia to
carry out tech-prep education programs.
``(b) Program Contents.--Each tech-prep program referred to in
subsection (a)--
``(1) shall--
``(A) involve the location of a secondary school on
the site of a community college;
``(B) involve a business as a member of the
consortium; and
``(C) require the voluntary participation of
secondary school students in the tech-prep education
program; and
``(2) may provide summer internships at a business for
students or teachers.
``(c) Application.--Each consortium desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner and accompanied by such information as the Secretary may
require.
``(d) Applicability.--The provisions of sections 203, 204, 205, and
206 shall not apply to this section, except that--
``(1) the provisions of section 204(a) shall apply for
purposes of describing consortia eligible to receive assistance
under this section;
``(2) each tech-prep education program assisted under this
section shall meet the requirements of paragraphs (1), (2),
(3)(A), (3)(B), (3)(C), (3)(D), (4), (5), (6), and (7) of
section 204(c), except that such paragraph (3)(B) shall be
applied by striking `, and if possible and practicable, 4-year
institutions of higher education through nonduplicative
sequences of courses in career fields'; and
``(3) in awarding grants under this section, the Secretary
shall give special consideration to consortia submitting
applications under subsection (c) that meet the requirements of
paragraphs (1), (3), (4), and (5) of section 205(d), except that
such paragraph (1) shall be applied by striking `or the transfer
of students to baccalaureate degree programs'.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 1999
and each of the 4 succeeding fiscal years.
``SEC. 208. <<NOTE: 20 USC 2377.>> AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title
(other than section 207) such sums as may be necessary for fiscal year
1999 and each of the 4 succeeding fiscal years.
``TITLE III--GENERAL PROVISIONS
``PART A--FEDERAL ADMINISTRATIVE PROVISIONS
``SEC. 311. <<NOTE: 20 USC 2391.>> FISCAL REQUIREMENTS.
``(a) Supplement Not Supplant.--Funds made available under this Act
for vocational and technical education activities shall supplement, and
shall not supplant, non-Federal funds expended
[[Page 112 STAT. 3122]]
to carry out vocational and technical education activities and tech-prep
activities.
``(b) Maintenance of Effort.--
``(1) Determination.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no payments shall be made
under this Act for any fiscal year to a State for
vocational and technical education programs or tech-prep
programs unless the Secretary determines that the fiscal
effort per student or the aggregate expenditures of such
State for vocational and technical education programs
for the fiscal year preceding the fiscal year for which
the determination is made, equaled or exceeded such
effort or expenditures for vocational and technical
education programs, for the second fiscal year preceding
the fiscal year for which the determination is made.
``(B) Computation.--In computing the fiscal effort
or aggregate expenditures pursuant to subparagraph (A),
the Secretary shall exclude capital expenditures,
special one-time project costs, and the cost of pilot
programs.
``(C) Decrease in federal support.--If the amount
made available for vocational and technical education
programs under this Act for a fiscal year is less than
the amount made available for vocational and technical
education programs under this Act for the preceding
fiscal year, then the fiscal effort per student or the
aggregate expenditures of a State required by
subparagraph (B) for such preceding fiscal year shall be
decreased by the same percentage as the percentage
decrease in the amount so made available.
``(2) Waiver.--The Secretary may waive the requirements of
this section, with respect to not more than 5 percent of
expenditures by any eligible agency for 1 fiscal year only, on
making a determination that such waiver would be equitable due
to exceptional or uncontrollable circumstances affecting the
ability of the eligible agency to meet such requirements, such
as a natural disaster or an unforeseen and precipitous decline
in financial resources. No level of funding permitted under such
a waiver may be used as the basis for computing the fiscal
effort or aggregate expenditures required under this section for
years subsequent to the year covered by such waiver. The fiscal
effort or aggregate expenditures for the subsequent years shall
be computed on the basis of the level of funding that would, but
for such waiver, have been required.
``SEC. 312. <<NOTE: 20 USC 2392.>> AUTHORITY TO MAKE PAYMENTS.
``Any authority to make payments or to enter into contracts under
this Act shall be available only to such extent or in such amounts as
are provided in advance in appropriation Acts.
``SEC. 313. <<NOTE: 20 USC 2393.>> CONSTRUCTION.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of a
private, religious, or home school, regardless of whether a home school
is treated as a private school or home school under State law. This
section shall not be construed to bar students attending private,
religious, or home schools from participation in programs or services
under this Act.
[[Page 112 STAT. 3123]]
``SEC. 314. <<NOTE: 20 USC 2394.>> VOLUNTARY SELECTION AND
PARTICIPATION.
``No funds made available under this Act shall be used--
``(1) to require any secondary school student to choose or
pursue a specific career path or major; and
``(2) to mandate that any individual participate in a
vocational and technical education program, including a
vocational and technical education program that requires the
attainment of a federally funded skill level, standard, or
certificate of mastery.
``SEC. 315. <<NOTE: 20 USC 2395.>> LIMITATION FOR CERTAIN STUDENTS.
``No funds received under this Act may be used to provide vocational
and technical education programs to students prior to the seventh grade,
except that equipment and facilities purchased with funds under this Act
may be used by such students.
``SEC. 316. <<NOTE: 20 USC 2396.>> FEDERAL LAWS GUARANTEEING CIVIL
RIGHTS.
``Nothing in this Act shall be construed to be inconsistent with
applicable Federal law prohibiting discrimination on the basis of race,
color, sex, national origin, age, or disability in the provision of
Federal programs or services.
``SEC. 317. <<NOTE: 20 USC 2397.>> AUTHORIZATION OF SECRETARY.
``For the purposes of increasing and expanding the use of technology
in vocational and technical education instruction, including the
training of vocational and technical education personnel as provided in
this Act, the Secretary is authorized to receive and use funds collected
by the Federal Government from fees for the use of property, rights-of-
way, and easements under the control of Federal departments and agencies
for the placement of telecommunications services that are dependent, in
whole or in part, upon the utilization of general spectrum rights for
the transmission or reception of such services.
``SEC. 318. <<NOTE: 20 USC 2398.>> PARTICIPATION OF PRIVATE SCHOOL
PERSONNEL.
``An eligible agency or eligible recipient that uses funds under
this Act for inservice and preservice vocational and technical education
professional development programs for vocational and technical education
teachers, administrators, and other personnel may, upon request, permit
the participation in such programs of vocational and technical education
teachers, administrators, and other personnel in nonprofit private
schools offering vocational and technical education programs located in
the geographical area served by such agency or recipient.
``PART B--STATE ADMINISTRATIVE PROVISIONS
``SEC. 321. <<NOTE: 20 USC 2411.>> JOINT FUNDING.
``(a) General Authority.--Funds made available to eligible agencies
under this Act may be used to provide additional funds under an
applicable program if--
``(1) such program otherwise meets the requirements of this
Act and the requirements of the applicable program;
``(2) such program serves the same individuals that are
served under this Act;
[[Page 112 STAT. 3124]]
``(3) such program provides services in a coordinated manner
with services provided under this Act; and
``(4) such funds are used to supplement, and not supplant,
funds provided from non-Federal sources.
``(b) Applicable Program.--For the purposes of this section, the
term `applicable program' means any program under any of the following
provisions of law:
``(1) Chapters 4 and 5 of subtitle B of title I of Public
Law 105-220.
``(2) The Wagner-Peyser Act.
``(c) Use of Funds as Matching Funds.--For the purposes of this
section, the term `additional funds' does not include funds used as
matching funds.
``SEC. 322. <<NOTE: 20 USC 2412.>> PROHIBITION ON USE OF FUNDS TO INDUCE
OUT-OF-STATE RELOCATION OF BUSINESSES.
``No funds provided under this Act shall be used for the purpose of
directly providing incentives or inducements to an employer to relocate
a business enterprise from one State to another State if such relocation
will result in a reduction in the number of jobs available in the State
where the business enterprise is located before such incentives or
inducements are offered.
``SEC. 323. <<NOTE: 20 USC 2413.>> STATE ADMINISTRATIVE COSTS.
``(a) General Rule.--Except as provided in subsection (b), for each
fiscal year for which an eligible agency receives assistance under this
Act, the eligible agency shall provide, from non-Federal sources for the
costs the eligible agency incurs for the administration of programs
under this Act an amount that is not less than the amount provided by
the eligible agency from non-Federal sources for such costs for the
preceding fiscal year.
``(b) Exception.--If the amount made available for administration of
programs under this Act for a fiscal year is less than the amount made
available for administration of programs under this Act for the
preceding fiscal year, the amount the eligible agency is required to
provide from non-Federal sources for costs the eligible agency incurs
for administration of programs under this Act shall be the same
percentage as the amount made available for administration of programs
under this Act.
``SEC. 324. <<NOTE: 20 USC 2414.>> LIMITATION ON FEDERAL REGULATIONS.
``The Secretary may issue regulations under this Act only to the
extent necessary to administer and ensure compliance with the specific
requirements of this Act.
``SEC. 325. <<NOTE: 20 USC 2415.>> STUDENT ASSISTANCE AND OTHER FEDERAL
PROGRAMS.
``(a) Attendance Costs Not Treated as Income or Resources.--The
portion of any student financial assistance received under this Act that
is made available for attendance costs described in subsection (b) shall
not be considered as income or resources in determining eligibility for
assistance under any other program funded in whole or in part with
Federal funds.
``(b) Attendance Costs.--The attendance costs described in this
subsection are--
``(1) tuition and fees normally assessed a student carrying
an academic workload as determined by the institution, and
[[Page 112 STAT. 3125]]
including costs for rental or purchase of any equipment,
materials, or supplies required of all students in that course
of study; and
``(2) an allowance for books, supplies, transportation,
dependent care, and miscellaneous personal expenses for a
student attending the institution on at least a half-time basis,
as determined by the institution.
``(c) Costs of Vocational and Technical Education Services.--Funds
made available under this Act may be used to pay for the costs of
vocational and technical education services required in an
individualized education plan developed pursuant to section 614(d) of
the Individuals with Disabilities Education Act and services necessary
to meet the requirements of section 504 of the Rehabilitation Act of
1973 with respect to ensuring equal access to vocational and technical
education.''.
SEC. 2. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
Section 10104 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8004) is amended--
(1) in subsection (a), by striking ``to be held in 1995''
and inserting ``to be held in 1999''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``in the summer of
1995'' and inserting ``in the summer of 1999'';
(B) in paragraph (5), by striking ``in 1996 and
thereafter, as well as replicate such program''; and
(C) in paragraph (6), by striking ``1995'' and
inserting ``1999''.
SEC. 3. REFERENCES TO CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY
EDUCATION ACT.
(a) Immigration and Nationality Act.--Section 245A(h)(4)(C) of the
Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) is amended by
striking ``Vocational Education Act of 1963'' and inserting ``Carl D.
Perkins Vocational and Technical Education Act of 1998''.
(b) National Defense Authorization Act.--Section 4461 of the
National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143
note) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
(c) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is
amended--
(1) in section 1114(b)(2)(C)(v) (20 U.S.C.
6314(b)(2)(C)(v)), by striking ``Carl D. Perkins Vocational and
Applied Technical Education Act'' and inserting ``Carl D.
Perkins Vocational and Technical Education Act of 1998'';
(2) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)), by
striking ``Carl D. Perkins Vocational and Technical Education
Act'' and inserting ``Carl D. Perkins Vocational and Technical
Education Act of 1998'';
(3) in section 14302(a)(2) (20 U.S.C. 8852(a)(2))--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and (F)
as subparagraphs (C), (D), and (E), respectively; and
[[Page 112 STAT. 3126]]
(4) in the matter preceding subparagraph (A) of section
14307(a)(1) (20 U.S.C. 8857(a)(1)), by striking ``Carl D.
Perkins Vocational and Applied Technology Technical Education
Act'' and inserting ``Carl D. Perkins Vocational and Technical
Education Act of 1998''.
(d) Equity in Educational Land-Grant Status Act of 1994.--Section
533(c)(4)(A) of the Equity in Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note) is amended by striking ``(20 U.S.C. 2397h(3)'' and
inserting ``, as such section was in effect on the day preceding the
date of enactment of the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998''.
(e) Improving America's Schools Act of 1994.--Section 563 of the
Improving America's Schools Act of 1994 (20 U.S.C. 6301 note) is amended
by striking ``the date of enactment of an Act reauthorizing the Carl D.
Perkins Vocational and Technical Education Act (20 U.S.C. 2301 et
seq.)'' and inserting ``July 1, 1999''.
(f ) Workforce Investment Act of 1998.--Section 101(3) of the
Workforce Investment Act of 1998 (29 U.S.C. 2801(3)) is amended by
striking ``section 521 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2471)'' and inserting ``section 3 of
the Carl D. Perkins Vocational and Technical Education Act of 1998''.
(g) Appalachian Regional Development Act of 1965.--Section 214(c) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 214(c))
is amended by striking ``Carl D. Perkins Vocational Education Act'' and
inserting ``Carl D. Perkins Vocational and Technical Education Act of
1998''.
(h) Vocational <<NOTE: 20 USC 11 note.>> Education Amendments of
1968.--Section 104 of the Vocational Education Amendments of 1968 (82
Stat. 1091) is amended by striking ``section 3 of the Carl D. Perkins
Vocational Education Act'' and inserting ``the Carl D. Perkins
Vocational and Technical Education Act of 1998''.
(i) Older Americans Act of 1965.--The Older Americans Act of 1965
(42 U.S.C. 3001 et seq.) is amended--
(1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)),
by striking ``or the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.)''; and
(2) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))--
(A) by striking ``employment and training programs''
and inserting ``workforce investment activities''; and
(B) by striking ``the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2301 et
seq.)'' and inserting ``the Carl D. Perkins Vocational
and Technical Education Act of 1998''.
SEC. 4. ADULT EDUCATION AND FAMILY LITERACY.
The Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.)
is amended--
(1) in section 224, <<NOTE: 20 USC 9224.>> by adding at the
end the following:
``(g) Transition.--The provisions of this section shall be subject
to section 506(b).''; and
(2) by amending paragraph (2) <<NOTE: 20 USC 9276.>> of
section 506(b) to read as follows:
``(2) Limitation.--The authority to take actions under
paragraph (1) shall apply until July 1, 2000.''.
[[Page 112 STAT. 3127]]
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Workforce Investment Act of 1998.--Section 121 of the Workforce
Investment Act of 1998 (29 U.S.C. 2841) is amended--
(1) in subsection (b)(1)(B)(iv), by inserting before the
semicolon the following: ``(other than part C of title I of such
Act and subject to subsection (f ))''; and
(2) by adding at the end the following:
``(f ) Application to Certain Vocational Rehabilitation
Programs.--
``(1) Limitation.--Nothing in this section shall be
construed to apply to part C of title I of the Rehabilitation
Act of 1973 (29 U.S.C. 741).
``(2) Client assistance.--Nothing in this Act shall be
construed to require that any entity carrying out a client
assistance program authorized under section 112 of the
Rehabilitation Act of 1973 (29 U.S.C. 732)--
``(A) violate the requirement of section
112(c)(1)(A) of that Act that the entity be independent
of any agency which provides treatment, services, or
rehabilitation to individuals under that Act; or
``(B) carry out any activity not authorized under
section 112 of that Act (including appropriate Federal
regulations).''.
(b) Wagner-Peyser Act.--
(1) In general.--Section 15 of the Wagner-Peyser Act (as
added by section <<NOTE: Ante, p. 1082.>> 309 of the Workforce
Investment Act of 1998) is amended--
(A) in subsection (a)(2)(A)(i), by striking
``under'' and all that follows through ``for which'' and
inserting ``under the provisions of this section for any
purpose other than the statistical purposes for which'';
and
(B) in subsection (e)(2)(G), by striking
``complementary'' and inserting ``complementarity''.
(2) Effective <<NOTE: 29 USC 49l-2 note.>> date.--The
amendments made by paragraph (1) take effect July 2, 1999.
(c) Rehabilitation Act of 1973.--Section 725(c)(7) of the
Rehabilitation Act of 1973 (as amended by section 410 of the Workforce
Investment Act of 1998) <<NOTE: Ante, p. 1217.>> is amended by striking
``management,'' and all that follows and inserting ``management;''.
SEC. 6. REPEALS AND EXTENSIONS OF PREVIOUS HIGHER EDUCATION AMENDMENTS
PROVISIONS.
(a) Higher Education Amendments of 1986.--Title XIII of the Higher
Education Amendments of 1986 ( <<NOTE: 20 USC 1101 note, 1029 note,
1070a note, 1071 note, 1091 notes, 1121 note, 1221-1 notes, 9003
note.>> Public Law 99-498) is repealed.
[[Page 112 STAT. 3128]]
(b) Higher Education Amendments of 1992.--The following provisions
of the Higher Education Amendments of 1992 (Public Law 102-325) are
repealed:
(1) <<NOTE: 25 USC 3331 et seq.>> Parts E, F, and G of title
XIII.
(2) <<NOTE: 20 USC 1070 note, 1070a-21 note. 1071 note, 1080
note, 1101 note, 1132a note, 1134 note, 1221-1 notes, 1221e
note, 9003 note.>> Title XIV.
(3) <<NOTE: 20 USC 1101 note, 1145h, 1452 note; 29 USC 2401
et seq.>> Parts A, B, C, and D of title XV.
Approved October 31, 1998.
LEGISLATIVE HISTORY--H.R. 1853:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-177 (Comm. on Education and the Workforce) and
105-800 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
July 17, 22, considered and passed
House.
Vol. 144 (1998):
June 12, considered and passed
Senate, amended.
Oct. 8, House and Senate agreed to
conference report.
<all>