[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1853 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         June 12, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
1853) entitled ``An Act to amend the Carl D. Perkins Vocational and 
Applied Technology Education Act.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Carl D. Perkins 
Vocational and Applied Technology Education Act of 1998''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Voluntary selection and participation.
Sec. 4. Construction.

                     TITLE I--VOCATIONAL EDUCATION

                     Subtitle A--Federal Provisions

Sec. 101. Reservations and State allotment.
Sec. 102. Performance measures and expected levels of performance.
Sec. 103. Assistance for the outlying areas.
Sec. 104. Indian and Hawaiian Native programs.
Sec. 105. Tribally controlled postsecondary vocational institutions.
Sec. 106. Incentive grants.

                      Subtitle B--State Provisions

Sec. 111. State administration.
Sec. 112. State use of funds.
Sec. 113. State leadership activities.
Sec. 114. State plan.

                      Subtitle C--Local Provisions

Sec. 121. Distribution for secondary school vocational education.
Sec. 122. Distribution for postsecondary vocational education.
Sec. 123. Local activities.
Sec. 124. Local application.
Sec. 125. Consortia.

                     TITLE II--Tech-Prep Education

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Program authorized.
Sec. 205. Tech-prep education programs.
Sec. 206. Applications.
Sec. 207. Authorization of appropriations.
Sec. 208. Demonstration program.

                     TITLE III--General Provisions

Sec. 301. Administrative provisions.
Sec. 302. Evaluation, improvement, and accountability.
Sec. 303. National activities.
Sec. 304. National assessment of vocational education programs.
Sec. 305. National research center.
Sec. 306. Data systems.
Sec. 307. Promoting scholar-athlete competitions.
Sec. 308. Definition.

               TITLE IV--Authorization of Appropriations

Sec. 401. Authorization of appropriations.

                            TITLE V--Repeal

Sec. 501. Repeal.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) in order to be successful workers, citizens, and 
        learners in the 21st century, individuals will need--
                    (A) a combination of strong basic and advanced 
                academic skills;
                    (B) computer and other technical skills;
                    (C) theoretical knowledge;
                    (D) communications, problem-solving, teamwork, and 
                employability skills; and
                    (E) the ability to acquire additional knowledge and 
                skills throughout a lifetime;
            (2) students participating in vocational education can 
        achieve challenging academic and technical skills, and may 
        learn better and retain more, when the students learn in 
        context, learn by doing, and have an opportunity to learn and 
        understand how academic, vocational, and technological skills 
        are used outside the classroom;
            (3)(A) many high school graduates in the United States do 
        not complete a rigorous course of study that prepares the 
        graduates for completing a 2-year or 4-year college degree or 
        for entering high-skill, high-wage careers;
            (B) adult students are an increasingly diverse group and 
        often enter postsecondary education unprepared for academic and 
        technical work; and
            (C) certain individuals often face great challenges in 
        acquiring the knowledge and skills needed for successful 
        employment;
            (4) community colleges, technical colleges, and area 
        vocational education schools are offering adults a gateway to 
        higher education, and access to quality certificates and 
        degrees that increase their skills and earnings, by--
                    (A) ensuring that the academic, vocational, and 
                technological skills gained by students adequately 
                prepare the students for the workforce; and
                    (B) enhancing connections with employers and 4-year 
                institutions of higher education;
            (5) local, State, and national programs supported under the 
        Carl D. Perkins Vocational and Applied Technology Education Act 
        (20 U.S.C. 2301 et seq.) (as such Act was in effect on the day 
        before the date of enactment of this Act) have assisted many 
        students in obtaining technical, academic, and employability 
        skills, and tech-prep education;
            (6) the Federal Government can assist States and localities 
        by carrying out nationally significant research, program 
        development, demonstration, dissemination, evaluation, data 
        collection, professional development, and technical assistance 
        activities that support State and local efforts regarding 
        vocational education; and
            (7) through a performance partnership with States and 
        localities based on clear programmatic goals, increased State 
        and local flexibility, improved accountability, and performance 
        measures, the Federal Government will provide to States and 
        localities financial assistance for the improvement and 
        expansion of vocational education for students participating in 
        vocational education.
    (b) Purpose.--The purpose of this Act is to make the United States 
more competitive in the world economy by developing more fully the 
academic, technological, vocational, and employability skills of 
secondary students and postsecondary students who elect to enroll in 
vocational 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 technological 
        instruction, and that link secondary and postsecondary 
        education for participating vocational education students;
            (3) increasing State and local flexibility in providing 
        services and activities designed to develop, implement, and 
        improve vocational education, including tech-prep education; 
        and
            (4) disseminating national research, and providing 
        professional development and technical assistance, that will 
        improve vocational education programs, services, and 
        activities.

SEC. 3. 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 education program, including a vocational education 
        program that requires the attainment of a federally funded 
        skill level or standard.

SEC. 4. 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.

                     TITLE I--VOCATIONAL EDUCATION

                     Subtitle A--Federal Provisions

SEC. 101. RESERVATIONS AND STATE ALLOTMENT.

    (a) Reservations and State Allotment.--
            (1) Reservations.--From the sum appropriated under section 
        401 for each fiscal year, the Secretary shall reserve--
                    (A) 0.2 percent to carry out section 103;
                    (B) 1.80 percent to carry out sections 104 and 105, 
                of which--
                            (i) 1.25 percent of the sum shall be 
                        available to carry out section 104(b);
                            (ii) 0.25 percent of the sum shall be 
                        available to carry out section 104(c); and
                            (iii) 0.30 percent of the sum shall be 
                        available to carry out section 105; and
                    (C) 1.3 percent to carry out sections 106, 303, 
                304, 305, and 306, of which not less than 0.65 percent 
                of the sum shall be available to carry out section 106 
                for each of the fiscal years 2001 through 2005.
            (2) State allotment formula.--Subject to paragraphs (3) and 
        (4), from the remainder of the sums appropriated under section 
        401 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 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 401 
                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.--Due to the application of 
                subparagraph (A), for any fiscal year, no State shall 
                receive 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 
                this Act).
                    (C) Special rule.--
                            (i) In general.--Subject to paragraph (4), 
                        no State, by reason 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 this 
                                Act); 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 this 
                                Act).
            (4) Hold harmless.--
                    (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 this Act) for fiscal year 1997.
                    (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.
    (d) Definition of State.--For the purpose of this section, the term 
``State'' means each of the several States of the United States, the 
Commonwealth of Puerto Rico, the District of Columbia, and the United 
States Virgin Islands.

SEC. 102. PERFORMANCE MEASURES AND EXPECTED LEVELS OF PERFORMANCE.

    (a) Publication of Performance Measures.--
            (1) In general.--The Secretary shall publish the following 
        performance measures to assess the progress of each eligible 
        agency:
                    (A) Student attainment of academic skills.
                    (B) Student attainment of job readiness skills.
                    (C) Student attainment of vocational skill 
                proficiencies for students in vocational education 
                programs, that are necessary for the receipt of a 
                secondary school diploma or its recognized equivalent, 
                or a secondary school skill certificate.
                    (D) Receipt of a postsecondary degree or 
                certificate.
                    (E) Retention in, and completion of, secondary 
                school education (as determined under State law), 
                placement in, retention in, and completion of 
                postsecondary education, employment, or military 
                service.
                    (F) Participation in and completion of vocational 
                education programs that lead to nontraditional 
                employment.
            (2) Special rule.--The Secretary shall establish 1 set of 
        performance measures for students served under this Act, 
        including populations described in section 114(c)(16).
    (b) Expected Levels of Performance.--In developing a State plan, 
each eligible agency shall negotiate with the Secretary the expected 
levels of performance for the performance measures described in 
subsection (a).

SEC. 103. ASSISTANCE FOR THE OUTLYING AREAS.

    (a) In General.--From the funds reserved under section 
101(a)(1)(A), the Secretary--
            (1) shall award a grant in the amount of $500,000 to Guam 
        for vocational education and training for the purpose of 
        providing direct educational services related to vocational 
        education, including--
                    (A) teacher and counselor training and retraining;
                    (B) curriculum development; and
                    (C) improving vocational education programs in 
                secondary schools and institutions of higher education, 
                or improving cooperative education programs involving 
                both secondary schools and institutions of higher 
                education; and
            (2) shall award a grant in the amount of $190,000 to each 
        of American Samoa and the Commonwealth of the Northern Mariana 
        Islands for vocational education for the purpose described in 
        paragraph (1).
    (b) Special Rule.--
            (1) In general.--From funds reserved under section 
        101(a)(1)(A) and not awarded under subsection (a), the 
        Secretary shall make available the amount awarded to the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau under section 101A 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 this Act) to award grants under the succeeding 
        sentence. From the amount made available under the preceding 
        sentence, the Secretary shall award grants, to Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, or the Republic of Palau for the purpose described 
        in subsection (a)(1).
            (2) Award basis.--The Secretary shall award grants pursuant 
        to paragraph (1) on a competitive basis and pursuant to 
        recommendations from the Pacific Region Educational Laboratory 
        in Honolulu, Hawaii.
            (3) Termination of eligibility.--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 Act for any fiscal year that 
        begins after September 30, 2004.
            (4) Administrative costs.--The Secretary may provide not 
        more than 5 percent of the funds made available for grants 
        under this subsection to pay the administrative costs of the 
        Pacific Region Educational Laboratory regarding activities 
        assisted under this subsection.

SEC. 104. INDIAN AND HAWAIIAN NATIVE PROGRAMS.

    (a) Definitions; Authority of Secretary.--
            (1) Definitions.--For the purpose of this section--
                    (A) the term ``Act of April 16, 1934'' means the 
                Act entitled ``An Act authorizing the Secretary of the 
                Interior to arrange with States or territories for the 
                education, medical attention, relief of distress, and 
                social welfare of Indians, and for other purposes'', 
                enacted April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et 
                seq.);
                    (B) 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);
                    (C) the term ``Hawaiian native'' means any 
                individual any of whose ancestors were natives, prior 
                to 1778, of the area which now comprises the State of 
                Hawaii; and
                    (D) the terms ``Indian'' and ``Indian tribe'' have 
                the meanings given the terms in section 2 of the 
                Tribally Controlled Community College Assistance Act of 
                1978 (25 U.S.C. 1801).
            (2) Authority.--From the funds reserved pursuant to section 
        101(a)(1)(B), the Secretary shall award grants and enter into 
        contracts for Indian and Hawaiian native programs in accordance 
        with this section, except that such programs shall not include 
        secondary school programs in Bureau funded schools.
    (b) Indian Programs.--
            (1) Authority.--
                    (A) In general.--Except as provided in subparagraph 
                (B), from the funds reserved pursuant to section 
                101(a)(1)(B)(i), the Secretary is directed--
                            (i) upon the request of any Indian tribe, 
                        or a tribal organization serving an Indian 
                        tribe, which is eligible to contract with the 
                        Secretary of the Interior for the 
                        administration of programs under the Indian 
                        Self-Determination Act (25 U.S.C. 450 et seq.) 
                        or under the Act of April 16, 1934; or
                            (ii) upon an application received from a 
                        Bureau funded school offering postsecondary or 
                        adult education programs filed at such time and 
                        under such conditions as the Secretary may 
                        prescribe,
                to make grants to or enter into contracts with any 
                Indian tribe or tribal organization, or to make a grant 
                to such Bureau funded school, as appropriate, to plan, 
                conduct, and administer programs or portions of 
                programs authorized by, and consistent with the purpose 
                of, this Act.
                    (B) Requirements.--The grants or contracts 
                described in subparagraph (A), shall be subject to the 
                following:
                            (i) Tribes and tribal organizations.--Such 
                        grants or contracts with any tribes 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.
                            (ii) Bureau funded schools.--Such grants to 
                        Bureau funded schools shall not be subject to 
                        the requirements of the Indian Self-
                        Determination Act (25 U.S.C. 450f et seq.) or 
                        the Act of April 16, 1934.
                    (C) Regulations.--If the Secretary promulgates any 
                regulations applicable to subparagraph (B), the 
                Secretary shall--
                            (i) confer with, and allow for active 
                        participation by, representatives of Indian 
                        tribes, tribal organizations, and individual 
                        tribal members; and
                            (ii) promulgate the regulations under 
                        subchapter III of chapter 5 of title 5, United 
                        States Code, commonly known as the ``Negotiated 
                        Rulemaking Act of 1990''.
                    (D) Application.--Any Indian tribe, tribal 
                organization, or Bureau funded school eligible to 
                receive assistance under this paragraph may apply 
                individually or as part of a consortium with another 
                such Indian tribe, tribal organization, or Bureau 
                funded school.
                    (E) Performance measures and evaluation.--Any 
                Indian tribe, tribal organization, or Bureau funded 
                school that receives assistance under this section 
                shall--
                            (i) establish performance measures and 
                        expected levels of performance to be achieved 
                        by students served under this section; and
                            (ii) evaluate the quality and effectiveness 
                        of activities and services provided under this 
                        subsection.
                    (F) Minimum.--In the case of a Bureau funded 
                school, the minimum amount of a grant awarded or 
                contract entered into under this section shall be 
                $35,000.
                    (G) Restrictions.--The Secretary may not place upon 
                grants awarded or contracts entered into under this 
                paragraph 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 101(a). The Secretary, in 
                awarding grants and entering into contracts under this 
                paragraph, shall ensure that the grants and contracts 
                will improve vocational education programs, and shall 
                give special consideration to--
                            (i) grants or contracts which involve, 
                        coordinate with, or encourage tribal economic 
                        development plans; and
                            (ii) applications from tribally controlled 
                        community colleges that--
                                    (I) are accredited or are 
                                candidates for accreditation by a 
                                nationally recognized accreditation 
                                organization as an institution of 
                                postsecondary vocational education; or
                                    (II) operate vocational education 
                                programs that are accredited or are 
                                candidates for accreditation by a 
                                nationally recognized accreditation 
                                organization, and issue certificates 
                                for completion of vocational education 
                                programs.
                    (H) Stipends.--
                            (i) In general.--Funds received pursuant to 
                        grants or contracts described in subparagraph 
                        (A) may be used to provide stipends to students 
                        who are enrolled in vocational education 
                        programs and who have acute economic needs 
                        which cannot be met through work-study 
                        programs.
                            (ii) Amount.--Stipends described in clause 
                        (i) shall not exceed reasonable amounts as 
                        prescribed by the Secretary.
            (2) 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 no less than the amount 
        expended during the prior fiscal year on vocational education 
        programs, services, and 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.
            (3) Special rule.--Programs funded under this subsection 
        shall be in addition to such other programs, services, and 
        activities as are made available to eligible Indians under 
        other provisions of this Act.
    (c) Hawaiian Native Programs.--From the funds reserved pursuant to 
section 101(a)(1)(B)(ii), the Secretary shall award grants or enter 
into contracts, with organizations primarily serving and representing 
Hawaiian natives which are recognized by the Governor of the State of 
Hawaii, for the planing, conduct, or administration of programs, or 
portions thereof, that are described in this Act and consistent with 
the purpose of this Act, for the benefit of Hawaiian natives.

SEC. 105. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS.

    (a) In General.--It is the purpose of this section to provide 
grants for the operation and improvement of tribally controlled 
postsecondary vocational institutions to ensure continued and expanded 
educational opportunities for Indian students, and to allow for the 
improvement and expansion of the physical resources of such 
institutions.
    (b) Grants Authorized.--
            (1) In general.--From the funds reserved pursuant to 
        section 101(a)(1)(B)(iii), the Secretary shall make grants to 
        tribally controlled postsecondary vocational institutions to 
        provide basic support for the vocational education and training 
        of Indian students.
            (2) Amount of grants.--
                    (A) In general.--If the sum appropriated for any 
                fiscal year for grants under this section is not 
                sufficient to pay in full the total amount that 
                approved applicants are eligible to receive under this 
                section for such fiscal year, the Secretary shall first 
                allocate to each such applicant that 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.
                    (B) 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 institutions under this part 
                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.
    (c) Eligible Grant Recipients.--To be eligible for assistance under 
this section a tribally controlled postsecondary vocational institution 
shall--
            (1) be governed by a board of directors or trustees, a 
        majority of whom are Indians;
            (2) demonstrate adherence to stated goals, a philosophy, or 
        a plan of operation which 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;
            (3) have been in operation for at least 3 years;
            (4) hold accreditation with or be a candidate for 
        accreditation by a nationally recognized accrediting authority 
        for postsecondary vocational education; and
            (5) enroll the full-time equivalency of not less than 100 
        students, of whom a majority are Indians.
    (d) Grant Requirements.--
            (1) Applications.--Any tribally controlled postsecondary 
        vocational institution that desires to receive a grant under 
        this section shall submit an application to the Secretary. Such 
        application shall include a description of recordkeeping 
        procedures for the expenditure of funds received under this 
        section that will allow the Secretary to audit and monitor 
        programs.
            (2) Number.--The Secretary shall award not less than 2 
        grants under this section for each fiscal year.
            (3) Consultation.--In awarding grants under this section, 
        the Secretary shall, to the extent practicable, consult with 
        the boards of trustees of, and the tribal governments 
        chartering, the institutions desiring the grants.
            (4) Limitation.--Amounts made available through grants 
        under this section shall not be used in connection with 
        religious worship or sectarian instruction.
    (e) Uses of Grants.--
            (1) In general.--The Secretary shall, subject to the 
        availability of appropriations, provide for each program year 
        to each tribally controlled postsecondary vocational 
        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) Effect on 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 
        institution from receiving Federal financial assistance under 
        any program authorized under the Higher Education Act of 1965 
        (20 U.S.C. 1001 et seq.) or any other applicable program for 
        the benefit of institutions of higher education or vocational 
        education.
            (2) Prohibition on alteration of grant amount.--The amount 
        of any grant for which tribally controlled postsecondary 
        vocational 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 institution for which an Indian tribe 
        has designated a portion of the funds appropriated for the 
        tribe from funds appropriated under such Act of November 2, 
        1921, may be denied a contract for such portion under the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b et seq.) (except as provided in that Act), or 
        denied appropriate contract support to administer such portion 
        of the appropriated funds.
    (g) Needs Estimate and Report on Facilities and Facilities 
Improvement.--
            (1) Needs estimate.--The Secretary shall, based on the most 
        accurate data available from the institutions and Indian tribes 
        whose Indian students are served under this section, and in 
        consideration of employment needs, economic development needs, 
        population training needs, and facilities needs, prepare an 
        actual budget needs estimate for each institution eligible 
        under this section for each subsequent program year, and submit 
        such budget needs estimate to Congress in such a timely manner 
        as will enable the appropriate committees of Congress to 
        consider such needs data for purposes of the uninterrupted flow 
        of adequate appropriations to such institutions. Such data 
        shall take into account the goals and requirements of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (Public Law 104-193; 110 Stat. 2105).
            (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, 1999, on the results of the 
                study required by subparagraph (A).
                    (C) Contents.--The report required by subparagraph 
                (B) shall include the number, type, and cost of meeting 
                the needs described in subparagraph (A), and rank each 
                institution by relative need.
                    (D) Priority.--In conducting the study required by 
                subparagraph (A), the Secretary shall give priority to 
                institutions that are receiving assistance under this 
                section.
            (3) Long-term study of facilities.--
                    (A) In general.--The Secretary shall provide for 
                the conduct of a long-term study of the facilities of 
                each institution eligible for assistance under this 
                section.
                    (B) Contents.--The study required by subparagraph 
                (A) shall include a 5-year projection of training 
                facilities, equipment, and housing needs and shall 
                consider such factors as projected service population, 
                employment, and economic development forecasting, based 
                on the most current and accurate data available from 
                the institutions and Indian tribes affected.
                    (C) Submission.--The Secretary shall submit to 
                Congress a detailed report on the results of such study 
                not later than the end of the 18-month period beginning 
                on the date of enactment of this Act.
    (h) Definitions.--For the purposes of this section:
            (1) Indian; indian tribe.--The terms ``Indian'' and 
        ``Indian tribe'' have the meaning given such terms in section 2 
        of the Tribally Controlled Community College Assistance Act of 
        1978 (25 U.S.C. 1801).
            (2) Tribally controlled postsecondary vocational 
        institution.--The term ``tribally controlled postsecondary 
        vocational institution'' means an institution of higher 
        education that--
                    (A) is formally controlled, or has been formally 
                sanctioned or chartered by the governing body of an 
                Indian tribe or tribes; and
                    (B) offers technical degrees or certificate 
                granting programs.
            (3) 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 institution, determined as follows:
                    (A) Registrations.--The registrations of Indian 
                students as in effect on October 1 of each year.
                    (B) Summer term.--Credits or clock hours toward a 
                certificate earned in classes offered during a summer 
                term shall be counted toward the computation of the 
                Indian student count in the succeeding fall term.
                    (C) Admission criteria.--Credits or clock hours 
                toward a certificate earned in classes during a summer 
                term shall be counted toward the computation of the 
                Indian student count if the institution at which the 
                student is in attendance has established criteria for 
                the admission of such student on the basis of the 
                student's ability to benefit from the education or 
                training offered. The institution shall be presumed to 
                have established such criteria if the admission 
                procedures for such studies include counseling or 
                testing that measures the student's aptitude to 
                successfully complete the course in which the student 
                has enrolled. No credit earned by such student for 
                purposes of obtaining a secondary school diploma 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 
                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.

SEC. 106. INCENTIVE GRANTS.

    (a) In General.--The Secretary may make grants to States that 
exceed the expected levels of performance for performance measures 
established under this Act.
    (b) Use of Funds.--A State that receives an incentive grant under 
this section shall use the funds made available through the grant to 
carry out innovative vocational education, adult education and 
literacy, or workforce investment programs as determined by the State.

                      Subtitle B--State Provisions

SEC. 111. STATE ADMINISTRATION.

    Each eligible agency shall be responsible for the State 
administration of activities under this title, including--
            (1) the development, submission, and implementation of the 
        State plan;
            (2) the efficient and effective performance of the eligible 
        agency's duties under this title; and
            (3) consultation with other appropriate agencies, groups, 
        and individuals that are involved in the development and 
        implementation of activities assisted under this title, such as 
        employers, parents, students, teachers, labor organizations, 
        State and local elected officials, and local program 
        administrators.

SEC. 112. STATE USE OF FUNDS.

    (a) Reservations.--From funds allotted to each State under section 
101(a) for each fiscal year, the eligible agency shall reserve--
            (1) not more than 14 percent of the funds to carry out 
        section 113;
            (2) not more than 10 percent of the funds, or $300,000, 
        whichever is greater, of which--
                    (A) $60,000 shall be available to provide technical 
                assistance and advice to local educational agencies, 
                postsecondary educational institutions, and other 
                interested parties in the State for gender equity 
                activities; and
                    (B) the remainder may be used to--
                            (i) develop the State plan;
                            (ii) review local applications;
                            (iii) monitor and evaluate program 
                        effectiveness;
                            (iv) provide technical assistance; and
                            (v) assure compliance with all applicable 
                        Federal laws, including required services and 
                        activities for individuals who are members of 
                        populations described in section 114(c)(16); 
                        and
            (3) 1 percent of the funds, or the amount the State 
        expended under the Carl D. Perkins Vocational and Applied 
        Technology Education Act (20 U.S.C. 2301 et seq.) for 
        vocational education programs for criminal offenders for the 
        fiscal year 1997, whichever is greater, to carry out programs 
        for criminal offenders.
    (b) Remainder.--From funds allotted to each State under section 
101(a) for each fiscal year and not reserved under subsection (a), the 
eligible agency shall determine the portion of the funds that will be 
available to carry out sections 121 and 122.
    (c) Matching Requirement.--Each eligible agency receiving funds 
under this title shall match, from non-Federal sources and on a dollar-
for-dollar basis, the funds received under subsection (a)(2).

SEC. 113. STATE LEADERSHIP ACTIVITIES.

    (a) Mandatory.--Each eligible agency shall use the funds reserved 
under section 112(a)(1) to conduct programs, services, and activities 
that further the development, implementation, and improvement of 
vocational education within the State and that are integrated, to the 
maximum extent possible, with challenging State academic standards, 
including--
            (1) providing comprehensive professional development 
        (including initial teacher preparation) for vocational, 
        academic, guidance, and administrative personnel, that--
                    (A) will help the teachers and personnel to assist 
                students in meeting the expected levels of performance 
                established under section 102;
                    (B) reflects the eligible agency's assessment of 
                the eligible agency's needs for professional 
                development; and
                    (C) 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.);
            (2) developing and disseminating curricula that are 
        aligned, as appropriate, with challenging State academic 
        standards, and vocational and technological skills;
            (3) monitoring and evaluating the quality of, and 
        improvement in, activities conducted with assistance under this 
        title;
            (4) providing gender equity programs in secondary and 
        postsecondary vocational education;
            (5) supporting tech-prep education activities;
            (6) improving and expanding the use of technology in 
        instruction;
            (7) 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 technological skills; and
            (8) serving individuals in State institutions, such as 
        State correctional institutions and institutions that serve 
        individuals with disabilities.
    (b) Permissive.--Each eligible agency may use the funds reserved 
under section 112(a)(1) for--
            (1) improving guidance and counseling programs that assist 
        students in making informed education and vocational decisions;
            (2) supporting vocational student organizations, especially 
        with respect to efforts to increase the participation of 
        students who are members of populations described in section 
        114(c)(16);
            (3) providing vocational education programs for adults and 
        school dropouts to complete their secondary school education; 
        and
            (4) providing assistance to students who have participated 
        in services and activities under this title in finding an 
        appropriate job and continuing their education.

SEC. 114. STATE PLAN.

    (a) State Plan.--
            (1) In general.--Each eligible entity desiring assistance 
        under this title for any fiscal year shall prepare and submit 
        to the Secretary a State plan for a 3-year period, together 
        with such annual revisions as the eligible agency determines to 
        be necessary.
            (2) Hearing process.--The eligible agency shall conduct 
        public hearings in the State, after appropriate and sufficient 
        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 with the 
        State plan.
    (b) Plan Development.--The eligible agency shall develop the State 
plan with representatives of secondary and postsecondary vocational 
education, parents, representatives of populations described in section 
114(c)(16), and businesses, in the State and shall also consult the 
Governor of the State.
    (c) Plan Contents.--The State plan shall include information that--
            (1) describes the vocational education activities to be 
        assisted that are designed to meet and reach the State 
        performance measures;
            (2) describes the integration of academic and technological 
        education with vocational education;
            (3) describes how the eligible agency will disaggregate 
        data relating to students participating in vocational education 
        in order to adequately measure the progress of the students;
            (4) describes how the eligible agency will adequately 
        address the needs of students in alternative education 
        programs;
            (5) describes how the eligible agency will provide local 
        educational agencies, area vocational education schools, and 
        eligible institutions in the State with technical assistance;
            (6) describes how the eligible agency will encourage the 
        participation of the parents of secondary school students who 
        are involved in vocational education activities;
            (7) identifies how the eligible agency will obtain the 
        active participation of business, labor organizations, and 
        parents in the development and improvement of vocational 
        education activities carried out by the eligible agency;
            (8) describes how vocational education relates to State and 
        regional employment opportunities;
            (9) describes the methods proposed for the joint planning 
        and coordination of programs carried out under this title with 
        other Federal education programs;
            (10) describes how funds will be used to promote gender 
        equity in secondary and postsecondary vocational education;
            (11) describes how funds will be used to improve and expand 
        the use of technology in instruction;
            (12) describes how funds will be used to serve individuals 
        in State correctional institutions;
            (13) describes how funds will be used effectively to link 
        secondary and postsecondary education;
            (14) describes how funds will be allocated and used at the 
        secondary and postsecondary level, any consortia that will be 
        formed among secondary schools and eligible institutions, and 
        how funds will be allocated among the members of the consortia;
            (15) 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;
            (16) describes the eligible agency's program strategies for 
        populations that include, at a minimum--
                    (A) low-income individuals, including foster 
                children;
                    (B) individuals with disabilities;
                    (C) single parents and displaced homemakers; and
                    (D) individuals with other barriers to educational 
                achievement, including individuals with limited English 
                proficiency; and
            (17) describes how individuals who are members of the 
        special populations described in subsection (c)(16)--
                    (A) will be provided with equal access to 
                activities assisted under this Act; and
                    (B) will not be discriminated against on the basis 
                of their status as members of the special populations.
    (d) Plan Approval.--
            (1) In general.--The Secretary shall approve a State plan, 
        or a revision to an approved State plan, only if the Secretary 
        determines that--
                    (A) the State plan, or revision, respectively, 
                meets the requirements of this section; and
                    (B) the State's performance measures and expected 
                levels of performance under section 102 are 
                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) Peer review.--The Secretary shall establish a peer 
        review process to make recommendations regarding approval of 
        State plans.
            (4) Timeframe.--A State plan shall be deemed approved if 
        the Secretary has not responded to the eligible agency 
        regarding the plan within 90 days of the date the Secretary 
        receives the plan.
    (e) Assurances.--A State plan shall contain assurances that the 
State will comply with the requirements of this Act and the provisions 
of the State plan, and provide for such fiscal control and fund 
accounting procedures that may be necessary to ensure the proper 
disbursement of, and accounting for, funds paid to the State under this 
Act.
    (f) Eligible Agency Report.--
            (1) In general.--The eligible agency shall annually report 
        to the Secretary regarding--
                    (A) the quality and effectiveness of the programs, 
                services, and activities, assisted under this title, 
                based on the performance measures and expected levels 
                of performance described in section 102; and
                    (B) the progress each population of individuals 
                described in section 114(c)(16) is making toward 
                achieving the expected levels of performance.
            (2) Contents.--The eligible agency report also--
                    (A) shall include such information, in such form, 
                as the Secretary may reasonably require, in order to 
                ensure the collection of uniform data; and
                    (B) shall be made available to the public.

                      Subtitle C--Local Provisions

SEC. 121. DISTRIBUTION FOR SECONDARY SCHOOL VOCATIONAL EDUCATION.

    (a) Allocation.--Except as otherwise provided in this section, each 
eligible agency shall distribute the portion of the funds made 
available for secondary school vocational education activities under 
section 112(b) for any fiscal year 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 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 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 year.
    (b) Minimum Allocation.--
            (1) In general.--Except as provided in paragraph (2), no 
        local educational agency shall receive an allocation under 
        subsection (a) unless the amount allocated to such agency under 
        subsection (a) is not less than $25,000. 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 may waive the application 
        of paragraph (1) for a local educational agency that is located 
        in a rural, sparsely populated area.
            (3) Reallocation.--Any amounts that are not allocated by 
        reason of paragraph (1) or (2) shall be reallocated to local 
        educational agencies that meet the requirements of paragraph 
        (1) or (2) in accordance with the provisions of this section.
    (c) 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.
            (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.
    (d) Allocations to Area Vocational Education Schools and 
Educational Service Agencies.--
            (1) In general.--Each eligible agency shall distribute the 
        portion of funds made available for any fiscal year by such 
        entity for secondary school vocational education activities 
        under section 112(b) to the appropriate area vocational 
        education school or educational service agency in any case in 
        which--
                    (A) the area vocational education school or 
                educational service agency, and the local educational 
                agency concerned--
                            (i) have formed or will form a consortium 
                        for the purpose of receiving funds under this 
                        section; or
                            (ii) have entered into or will enter into a 
                        cooperative arrangement for such purpose; and
                    (B)(i) the area vocational education school or 
                educational service agency serves an approximately 
                equal or greater proportion of students who are 
                individuals with disabilities or are low-income than 
                the proportion of such students attending the secondary 
                schools under the jurisdiction of all of the local 
                educational agencies sending students to the area 
                vocational education school or the educational service 
                agency; or
                    (ii) the area vocational education school, 
                educational service agency, or local educational agency 
                demonstrates that the vocational education school or 
                educational service agency is unable to meet the 
                criterion described in clause (i) due to the lack of 
                interest by students described in clause (i) in 
                attending vocational education programs in that area 
                vocational education school or educational service 
                agency.
            (2) Allocation basis.--If an area vocational education 
        school or educational service agency meets the requirements of 
        paragraph (1), then--
                    (A) the amount that will otherwise be distributed 
                to the local educational agency under this section 
                shall be allocated to the area vocational education 
                school, the educational service agency, and the local 
                educational agency, based on each school's or agency's 
                relative share of students described in paragraph 
                (1)(B)(i) who are attending vocational education 
                programs (based, if practicable, on the average 
                enrollment for the prior 3 years); or
                    (B) such amount may be allocated on the basis of an 
                agreement between the local educational agency and the 
                area vocational education school or educational service 
                agency.
            (3) State determination.--
                    (A) In general.--For the purposes of this 
                subsection, the eligible agency may determine the 
                number of students who are low-income on the basis of--
                            (i) eligibility for--
                                    (I) free or reduced-price meals 
                                under the National School Lunch Act (7 
                                U.S.C. 1751 et seq.);
                                    (II) assistance under a State 
                                program funded under part A of title IV 
                                of the Social Security Act;
                                    (III) benefits under the Food Stamp 
                                Act of 1977 (7 U.S.C. 2011 et seq.); or
                                    (IV) services under title I of the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6301 et seq.); or
                            (ii) another index of economic status, 
                        including an estimate of such index, if the 
                        eligible agency demonstrates to the 
                        satisfaction of the Secretary that such index 
                        is a more representative means of determining 
                        such number.
                    (B) Data.--If an eligible agency elects to use more 
                than 1 factor described in subparagraph (A) for 
                purposes of making the determination described in such 
                subparagraph, the eligible agency shall ensure that the 
                data used is not duplicative.
            (4) 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 
        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.
            (5) Special rule.--Notwithstanding the provisions of 
        paragraphs (1), (2), (3), and (4), any local educational agency 
        receiving an allocation that is not sufficient to conduct a 
        secondary school vocational education program of sufficient 
        size, scope, and quality to be effective may--
                    (A) form a consortium or enter into a cooperative 
                agreement with an area vocational education school or 
                educational service agency offering secondary school 
                vocational education programs of sufficient size, 
                scope, and quality to be effective and that are 
                accessible to students who are individuals with 
                disabilities or are low-income, and are served by such 
                local educational agency; and
                    (B) transfer such allocation to the area vocational 
                education school or educational service agency.
    (e) 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. 122. DISTRIBUTION FOR POSTSECONDARY VOCATIONAL EDUCATION.

    (a) Distribution.--
            (1) In general.--Except as otherwise provided in this 
        section, each eligible agency shall distribute the portion of 
        funds made available for postsecondary vocational education 
        under section 112(b) for any fiscal year to eligible 
        institutions within the State in accordance with paragraph (2).
            (2) Allocation.--Each eligible institution in the State 
        having an application approved under section 124 for a fiscal 
        year shall be allocated an amount that bears the same 
        relationship to the amount of funds made available for 
        postsecondary vocational education under section 112(b) for the 
        fiscal year as the number of Pell Grant recipients and 
        recipients of assistance from the Bureau of Indian Affairs 
        enrolled for the preceding fiscal year by such eligible 
        institution in vocational education programs that do not exceed 
        2 years in duration bears to the number of such recipients 
        enrolled in such programs within the State for such fiscal 
        year.
            (3) Special rule for consortia.--In order for a consortium 
        to receive assistance under this section, such consortium shall 
        operate joint projects that--
                    (A) provide services to all postsecondary 
                institutions participating in the consortium; and
                    (B) are of sufficient size, scope, and quality to 
                be effective.
            (4) Minimum allocation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no eligible institution shall receive an 
                allocation under paragraph (2) unless the amount 
                allocated to the eligible institution under paragraph 
                (2) is not less than $65,000.
                    (B) Waiver.--The eligible agency may waive the 
                application of subparagraph (A) in any case in which 
                the eligible institution is located in a rural, 
                sparsely populated area.
                    (C) Reallocation.--Any amounts that are not 
                allocated by reason of subparagraph (A) or (B) shall be 
                reallocated to eligible institutions that meet the 
                requirements of subparagraph (A) or (B) in accordance 
                with the provisions of this section.
            (5) Definition of pell grant recipient.--The term ``Pell 
        Grant recipient'' means a recipient of financial aid under 
        subpart 1 of part A of title IV of the Higher Education Act of 
        1965 (20 U.S.C. 1070a).
    (b) Alternative Allocation.--An eligible agency may allocate funds 
made available for postsecondary education under section 112(b) for a 
fiscal year using an alternative formula if the eligible agency 
demonstrates to the Secretary's satisfaction that--
            (1) the alternative formula better meets the purpose of 
        this Act; and
            (2)(A) the formula described in subsection (a) does not 
        result in an allocation of funds to the eligible institutions 
        that serve the highest numbers or percentages of low-income 
        students; and
            (B) the alternative formula will result in such a 
        distribution.

SEC. 123. LOCAL ACTIVITIES.

    (a) Mandatory.--Funds made available to a local educational agency 
or an eligible institution under this title shall be used--
            (1) to initiate, improve, expand, and modernize quality 
        vocational education programs;
            (2) to improve or expand the use of technology in 
        vocational instruction, including professional development in 
        the use of technology, which instruction may include distance 
        learning;
            (3) to provide services and activities that are of 
        sufficient size, scope, and quality to be effective;
            (4) to integrate academic education with vocational 
        education for students participating in vocational education;
            (5) to link secondary education (as determined under State 
        law) and postsecondary education, including implementing tech-
        prep programs;
            (6) to provide professional development activities to 
        teachers, counselors, and administrators, including--
                    (A) inservice and preservice training in state-of-
                the-art vocational education programs;
                    (B) internship programs that provide business 
                experience to teachers; and
                    (C) programs designed to train teachers 
                specifically in the use and application of technology;
            (7) to develop and implement programs that provide access 
        to, and the supportive services needed to participate in, 
        quality vocational education programs for students, including 
        students who are members of the populations described in 
        section 114(c)(16);
            (8) to develop and implement performance management systems 
        and evaluations; and
            (9) to promote gender equity in secondary and postsecondary 
        vocational education.
    (b) Permissive.--Funds made available to a local educational agency 
or an eligible institution under this title may be used--
            (1) to carry out student internships;
            (2) to provide guidance and counseling for students 
        participating in vocational education programs;
            (3) to provide vocational education programs for adults and 
        school dropouts to complete their secondary school education;
            (4) to acquire and adapt equipment, including instructional 
        aids;
            (5) to support vocational student organizations;
            (6) to provide assistance to students who have participated 
        in services and activities under this title in finding an 
        appropriate job and continuing their education; and
            (7) to support other vocational education activities that 
        are consistent with the purpose of this Act.

SEC. 124. LOCAL APPLICATION.

    (a) In General.--Each local educational agency or eligible 
institution desiring assistance under this title shall submit an 
application to the eligible agency at such time, in such manner, and 
accompanied by such information as the eligible agency (in consultation 
with such other educational entities as the eligible agency determines 
to be appropriate) may require.
    (b) Contents.--Each application shall, at a minimum--
            (1) describe how the vocational education activities will 
        be carried out pertaining to meeting the expected levels of 
        performance;
            (2) describe the process that will be used to independently 
        evaluate and continuously improve the performance of the local 
        educational agency or eligible institution, as appropriate;
            (3) describe how the local educational agency or eligible 
        institution, as appropriate, will plan and consult with 
        students, parents, representatives of populations described in 
        section 114(c)(16), businesses, labor organizations, and other 
        interested individuals, in carrying out activities under this 
        title;
            (4) describe how the local educational agency or eligible 
        institution, as appropriate, will review vocational education 
        programs, and identify and adopt strategies to overcome 
        barriers that result in lowering rates of access to the 
        programs, for populations described in section 114(c)(16); and
            (5) describe how individuals who are members of the special 
        populations described in section 114(c)(16) will not be 
        discriminated against on the basis of their status as members 
        of the special populations.

SEC. 125. CONSORTIA.

    A local educational agency and an eligible institution may form a 
consortium to carry out the provisions of this subtitle if the sum of 
the amount the consortium receives for a fiscal year under sections 121 
and 122 equals or exceeds $65,000.

                     TITLE II--TECH-PREP EDUCATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Tech-Prep Education Act''.

SEC. 202. PURPOSES.

    The purposes of this title are--
            (1) to provide implementation grants to consortia of local 
        educational agencies, postsecondary educational institutions, 
        and employers or labor organizations, for the development and 
        operation of programs designed to provide a tech-prep education 
        program leading to a 2-year associate degree or a 2-year 
        certificate;
            (2) to provide, in a systematic manner, strong, 
        comprehensive links among secondary schools, postsecondary 
        educational institutions, and local or regional employers, or 
        labor organizations; and
            (3) to support the use of contextual, authentic, and 
        applied teaching and curriculum based on each State's academic, 
        occupational, and employability standards.

SEC. 203. 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 non duplicative sequence of progressive 
        achievement leading to degrees or certificates in a tech-prep 
        education program.
            (2) Community college.--The term ``community college''--
                    (A) has the meaning provided in section 1201(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 1141) for 
                an institution which provides not less than a 2-year 
                program which is acceptable for full credit toward a 
                bachelor's degree; and
                    (B) includes tribally controlled community 
                colleges.
            (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 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 certificate in a specific career field; and
                    (F) leads to placement in appropriate employment or 
                further education.

SEC. 204. PROGRAM AUTHORIZED.

    (a) Discretionary Amounts.--
            (1) In general.--For any fiscal year for which the amount 
        appropriated under section 207 to carry out this title is equal 
        to or less than $50,000,000, the Secretary shall award grants 
        for tech-prep education programs to consortia between or 
        among--
                    (A) a local educational agency, an intermediate 
                educational agency or area vocational 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 481(a) of the Higher Education Act of 
                        1965 (20 U.S.C. 1088(a)), including an 
                        institution receiving assistance under the 
                        Tribally Controlled Community College 
                        Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 
                        and a tribally controlled postsecondary 
                        vocational 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 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 481(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1088(a)), 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.
    (b) State Grants.--
            (1) In general.--For any fiscal year for which the amount 
        made available under section 207 to carry out this title 
        exceeds $50,000,000, the Secretary shall allot such amount 
        among the States in the same manner as funds are allotted to 
        States under paragraphs (2), (3), and (4) of section 101(a).
            (2) Payments to eligible agencies.--The Secretary shall 
        make a payment in the amount of a State's allotment under this 
        paragraph to the eligible agency that serves the State and has 
        an application approved under paragraph (4).
            (3) Award basis.--From amounts made available to each 
        eligible agency under this subsection, the eligible agency 
        shall award grants, on a competitive basis or on the basis of a 
        formula determined by the eligible agency, for tech-prep 
        education programs to consortia described in subsection (a).
            (4) 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. 205. TECH-PREP EDUCATION PROGRAMS.

    (a) General Authority.--Each consortium shall use amounts provided 
through the grant to develop and operate a tech-prep education program.
    (b) Contents of Program.--Any such 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 certificate in a specific career field;
            (3) include the development of tech-prep education program 
        curricula for both secondary and postsecondary levels that--
                    (A) meets academic standards developed by the 
                State;
                    (B) links secondary schools and 2-year 
                postsecondary institutions, and where possible and 
                practicable, 4-year institutions of higher education 
                through nonduplicative sequences of courses in career 
                fields;
                    (C) uses, where appropriate and available, work-
                based or worksite learning in conjunction with business 
                and 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 a professional development program for 
        academic, vocational, and technical teachers that--
                    (A) is designed to train teachers to effectively 
                implement tech-prep education curricula;
                    (B) provides for joint training for teachers from 
                all participants in the consortium;
                    (C) is designed to ensure that teachers stay 
                current with the needs, expectations, and methods of 
                business and 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) make tech-prep education opportunities known to 
                students interested in such activities;
                    (B) ensure that such students successfully complete 
                such programs;
                    (C) ensure that such students are placed in 
                appropriate employment; and
                    (D) stay current with the needs, expectations, and 
                methods of business and industry;
            (6) provide equal access to the full range of technical 
        preparation programs to individuals who are members of 
        populations described in section 114(c)(16), including the 
        development of tech-prep education program services appropriate 
        to the needs of such individuals; and
            (7) provide for preparatory services that assist all 
        participants in such programs.
    (c) Additional Authorized Activities.--Each such tech-prep program 
may--
            (1) provide for the acquisition of tech-prep education 
        program equipment;
            (2) as part of the program's planning activities, acquire 
        technical assistance from State or local entities that have 
        successfully designed, established and operated tech-prep 
        programs;
            (3) 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
            (4) establish articulation agreements with institutions of 
        higher education, labor organizations, or businesses located 
        outside of the State served by the consortium, especially with 
        regard to using distance learning and educational technology to 
        provide for the delivery of services and programs.

SEC. 206. APPLICATIONS.

    (a) In General.--Each consortium that desires to receive a grant 
under this title shall submit an application to the Secretary or the 
eligible agency, as appropriate, at such time and in such manner as the 
Secretary or the eligible agency, as appropriate, shall prescribe.
    (b) Three-Year Plan.--Each application submitted under this section 
shall contain a 3-year plan for the development and implementation of 
activities under this title.
    (c) Approval.--The Secretary or the eligible agency, as 
appropriate, shall approve applications based on the potential of the 
activities described in the application to create an effective tech-
prep education program described in section 205.
    (d) Special Consideration.--The Secretary or 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 4-year institutions of higher 
        education;
            (2) are developed in consultation with 4-year institutions 
        of higher education;
            (3) address effectively the needs of populations described 
        in section 114(c)(16);
            (4) provide education and training in areas or skills where 
        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 Secretary shall ensure an equitable distribution of 
assistance among States, and the Secretary or the eligible agency, as 
appropriate, shall ensure an equitable distribution of assistance 
between urban and rural consortium participants.
    (f) Notice.--
            (1) In general.--In the case of grants to be awarded by the 
        Secretary, each consortium that submits an application under 
        this section shall provide notice of such submission and a copy 
        of such application to the State educational agency and the 
        State agency for higher education of the State in which the 
        consortium is located.
            (2) Notification.--The Secretary shall notify the State 
        educational agency and the State agency for higher education of 
        a State each time a consortium located in the State is selected 
        to receive a grant under this title.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title such 
sums as may be necessary for fiscal year 1999 and each of the 5 
succeeding fiscal years.

SEC. 208. 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 204, 205, 206, and 
207 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 205(b), except that such paragraph (3)(B) shall be 
        applied by striking ``, and where 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 206(d), except 
        that such paragraph (1) shall be applied by striking ``or the 
        transfer of students to 4-year institutions of higher 
        education''.
    (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 5 succeeding fiscal years.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. ADMINISTRATIVE PROVISIONS.

    (a) Supplement Not Supplant.--Funds made available under this Act 
for vocational education activities shall supplement, and shall not 
supplant, non-Federal funds expended to carry out vocational education 
and tech-prep activities.
    (b) Maintenance of Effort.--
            (1) Determination.--No payments shall be made under this 
        Act for any fiscal year to an eligible agency for vocational 
        education or tech-prep activities unless the Secretary 
        determines that the fiscal effort per student or the aggregate 
        expenditures of the State for vocational education for the 
        fiscal year preceding the fiscal year for which the 
        determination is made, equaled or exceeded such effort or 
        expenditures for vocational education for the second fiscal 
        year preceding the fiscal year for which the determination is 
        made.
            (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 applicant 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.
    (c) Representation.--The eligible agency shall provide 
representation to the statewide partnership.

SEC. 302. EVALUATION, IMPROVEMENT, AND ACCOUNTABILITY.

    (a) Local Evaluation.--Each eligible agency shall evaluate annually 
the vocational education and tech-prep activities of each local 
educational agency or eligible institution receiving assistance under 
this Act, using the performance measures established under section 102.
    (b) Improvement Activities.--If, after reviewing the evaluation, an 
eligible agency determines that a local educational agency or eligible 
institution is not making substantial progress in achieving the purpose 
of this Act, the local educational agency or eligible institution, in 
consultation with teachers, parents, and other school staff, shall--
            (1) conduct an assessment of the educational and other 
        problems that the local educational agency or eligible 
        institution shall address to overcome local performance 
        problems;
            (2) 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
            (3) conduct regular evaluations of the progress being made 
        toward program improvement goals.
    (c) Technical Assistance.--If the Secretary determines that an 
eligible agency is not properly implementing the eligible agency's 
responsibilities under section 114, or is not making substantial 
progress in meeting the purpose of this Act, based on the performance 
measures and expected levels of performance under section 102 included 
in the eligible agency's State plan, the Secretary shall work with the 
eligible agency to implement improvement activities.
    (d) Withholding of Federal Funds.--If, after a reasonable time, but 
not earlier than 1 year after implementing activities described in 
subsection (c), the Secretary determines that the eligible agency is 
not making sufficient progress, based on the eligible agency's 
performance measures and expected levels of performance, the Secretary, 
after notice and opportunity for a hearing, shall withhold from the 
eligible agency all, or a portion, of the eligible agency's grant funds 
under this title. The Secretary may use funds withheld under the 
preceding sentence to provide, through alternative arrangements, 
services, and activities within the State to meet the purpose of this 
Act.

SEC. 303. NATIONAL ACTIVITIES.

    The Secretary may, directly or through grants, contracts, or 
cooperative agreements, carry out research, development, dissemination, 
evaluation, capacity-building, and technical assistance activities that 
carry out the purpose of this Act.

SEC. 304. NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION PROGRAMS.

    (a) In General.--The Secretary shall conduct a national assessment 
of vocational education programs assisted under this Act, through 
studies and analyses conducted independently through competitive 
awards.
    (b) Independent Advisory Panel.--The Secretary shall appoint an 
independent advisory panel, consisting of vocational education 
administrators, educators, researchers, and representatives of labor 
organizations, business, parents, guidance and counseling 
professionals, and other relevant groups, to advise the Secretary on 
the implementation of such assessment, including the issues to be 
addressed and 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 Secretary an independent analysis of the findings and 
recommendations resulting from the assessment. The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the panel established 
under this subsection.
    (c) Contents.--The assessment required under subsection (a) shall 
include descriptions and evaluations of--
            (1) the effect of the vocational education programs 
        assisted under this Act on State and tribal administration of 
        vocational education programs and on local vocational education 
        practices, including the capacity of State, tribal, and local 
        vocational education systems to address the purpose of this 
        Act;
            (2) expenditures at the Federal, State, tribal, and local 
        levels to address program improvement in vocational education, 
        including the impact of Federal allocation requirements (such 
        as within-State distribution formulas) on the delivery of 
        services;
            (3) preparation and qualifications of teachers of 
        vocational and academic curricula in vocational education 
        programs, as well as shortages of such teachers;
            (4) participation in vocational education programs;
            (5) academic and employment outcomes of vocational 
        education, including analyses of--
                    (A) the number of vocational education students and 
                tech-prep students who meet State academic standards;
                    (B) the extent and success of integration of 
                academic and vocational education for students 
                participating in vocational education programs; and
                    (C) the degree to which vocational education is 
                relevant to subsequent employment or participation in 
                postsecondary education;
            (6) employer involvement in, and satisfaction with, 
        vocational education programs;
            (7) the use and impact of educational technology and 
        distance learning with respect to vocational education and 
        tech-prep programs; and
            (8) the effect of performance measures, and other measures 
        of accountability, on the delivery of vocational education 
        services.
    (d) Consultation.--
            (1) In general.--The Secretary shall consult with the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Labor and Human Resources 
        of the Senate in the design and implementation of the 
        assessment required under subsection (a).
            (2) Reports.--The Secretary 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 Secretary--
                    (A) an interim report regarding the assessment on 
                or before July 1, 2001; and
                    (B) 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.
            (3) Prohibition.--Notwithstanding any other provision of 
        law or regulation, the reports required by this subsection 
        shall not be subject to any review outside of 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 subsection (b) may 
        make such additional recommendations to Congress with respect 
        to the assessment as the President, the Secretary, or the panel 
        determine to be appropriate.

SEC. 305. NATIONAL RESEARCH CENTER.

    (a) General Authority.--
            (1) In general.--The Secretary, through grants, contracts, 
        or cooperative agreements, may establish 1 or more national 
        centers in the areas of--
                    (A) applied research and development; and
                    (B) dissemination and training.
            (2) Consultation.--The Secretary shall consult with the 
        States prior to establishing 1 or more such centers.
            (3) Eligible entities.--Entities eligible to receive funds 
        under this section are institutions of higher education, other 
        public or private nonprofit organizations or agencies, and 
        consortia of such institutions, organizations, or agencies.
    (b) Activities.--
            (1) In general.--The national center or centers shall carry 
        out such activities as the Secretary determines to be 
        appropriate to assist State and local recipients of funds under 
        this Act to achieve the purpose of this Act, which may include 
        the research and evaluation activities in such areas as--
                    (A) the integration of vocational and academic 
                instruction, secondary and postsecondary instruction;
                    (B) effective inservice and preservice teacher 
                education that assists vocational education systems;
                    (C) education technology and distance learning 
                approaches and strategies that are effective with 
                respect to vocational education;
                    (D) performance measures and expected levels of 
                performance that serve to improve vocational education 
                programs and student achievement;
                    (E) effects of economic changes on the kinds of 
                knowledge and skills required for employment or 
                participation in postsecondary education;
                    (F) longitudinal studies of student achievement; 
                and
                    (G) dissemination and training activities related 
                to the applied research and demonstration activities 
                described in this subsection, which may also include--
                            (i) serving as a repository for information 
                        on vocational and technological skills, State 
                        academic standards, and related materials; and
                            (ii) developing and maintaining national 
                        networks of educators who facilitate the 
                        development of vocational education systems.
            (2) Report.--The center or centers conducting the 
        activities described in paragraph (1) annually shall prepare a 
        report of key research findings of such center or centers and 
        shall submit copies of the report to the Secretary, the 
        Secretary of Labor, and the Secretary of Health and Human 
        Services. The Secretary shall submit that report to 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) Review.--The Secretary shall--
            (1) consult at least annually with the national center or 
        centers and with experts in education to ensure that the 
        activities of the national center or centers meet the needs of 
        vocational education programs; and
            (2) undertake an independent review of each award recipient 
        under this section prior to extending an award to such 
        recipient beyond a 5-year period.

SEC. 306. DATA SYSTEMS.

    (a) In General.--The Secretary shall maintain a data system to 
collect information about, and report on, the condition of vocational 
education and on the effectiveness of State and local programs, 
services, and activities carried out under this Act 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 education. The Secretary 
annually shall report to Congress on the Secretary's analysis of 
performance data collected each year pursuant to this Act, including an 
analysis of performance data regarding the populations described in 
section 114(c)(16).
    (b) Data System.--In maintaining the data system, the Secretary 
shall ensure that the data system is compatible with other Federal 
information systems.
    (c) Assessments.--As a regular part of its assessments, the 
National Center for Education Statistics shall collect and report 
information on vocational education for a nationally representative 
sample of students. Such assessment may include international 
comparisons.

SEC. 307. 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
            (2) in subsection (b)--
                    (A) in paragraph (4), by striking ``in the summer 
                of 1995;'' and inserting ``; and'';
                    (B) in paragraph (5), by striking ``in 1996 and 
                thereafter, as well as replicate such program 
                internationally; and'' and inserting ``and 
                internationally.''; and
                    (C) by striking paragraph (6).

SEC. 308. DEFINITION.

    In this Act, the term ``gender equity'', used with respect to a 
program, service, or activity, means a program, service, or activity 
that is designed to ensure that men and women (including single parents 
and displaced homemakers) have access to opportunities to participate 
in vocational education that prepares the men and women to enter high-
skill, high-wage careers.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out title I, and 
sections 303, 304, 305, and 306, such sums as may be necessary for 
fiscal year 1999 and each of the 5 succeeding fiscal years.

                            TITLE V--REPEAL

SEC. 501. REPEAL.

    (a) Repeal.--The Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.) is repealed.
    (b) References to Carl D. Perkins Vocational and Applied Technology 
Education Act.--
            (1) 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 
        Applied Technology Education Act of 1998''.
            (2) National defense authorization act.--Section 4461 of 
        the National Defense Authorization Act for Fiscal Year 1993 (10 
        U.S.C. 1143 note) is amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively.
            (3) Elementary and secondary education act of 1965.--The 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.) is amended--
                    (A) in section 1114(b)(2)(C)(v) (20 U.S.C. 
                6314(b)(2)(C)(v)), by striking ``Carl D. Perkins 
                Vocational and Applied Technology Education Act,'' and 
                inserting ``Carl D. Perkins Vocational and Applied 
                Technology Education Act of 1998'';
                    (B) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)), 
                by striking ``Carl D. Perkins Vocational and Applied 
                Technology Education Act'' and inserting ``Carl D. 
                Perkins Vocational and Applied Technology Education Act 
                of 1998'';
                    (C) in section 14302(a)(2) (20 U.S.C. 8852(a)(2))--
                            (i) by striking subparagraph (C); and
                            (ii) by redesignating subparagraphs (D), 
                        (E), and (F) as subparagraphs (C), (D), and 
                        (E), respectively; and
                    (D) 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 
                Education Act'' and inserting ``Carl D. Perkins 
                Vocational and Applied Technology Education Act of 
                1998''.
            (4) 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 Act 
        of 1998''.
            (5) 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 Applied 
        Technology Education Act (20 U.S.C. 2301 et seq.)'' and 
        inserting ``July 1, 1999''.
            (6) Internal revenue code of 1986.--Section 135(c)(3)(B) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 135(c)(3)(B)) is 
        amended--
                    (A) by striking ``subparagraph (C) or (D) of 
                section 521(3) of the Carl D. Perkins Vocational 
                Education Act'' and inserting ``subparagraph (C) or (D) 
                of section 2(3) of the Workforce Investment Partnership 
                Act of 1998''; and
                    (B) by striking ``any State (as defined in section 
                521(27) of such Act)'' and inserting ``any State or 
                outlying area (as the terms `State' and `outlying area' 
                are defined in section 2 of such Act)''.
            (7) Appalachian regional development act of 1965.--Section 
        214(c) of the Appalachian Regional Development Act of 1965 (40 
        U.S.C. App. 214(c)) (as amended by subsection (c)(5)) is 
        further amended by striking ``Carl D. Perkins Vocational 
        Education Act'' and inserting ``Carl D. Perkins Vocational and 
        Applied Technology Education Act of 1998''.
            (8) Vocational 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 Applied Technology Education Act of 1998''.
            (9) Older americans act of 1965.--The Older Americans Act 
        of 1965 (42 U.S.C. 3001 et seq.) is amended--
                    (A) 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
                    (B) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))--
                            (i) by striking ``employment and training 
                        programs'' and inserting ``workforce investment 
                        activities''; and
                            (ii) 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 Applied 
                        Technology Education Act of 1998''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 1853

_______________________________________________________________________

                               AMENDMENT

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