[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1853 Enrolled Bill (ENR)]

        H.R.1853

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
To amend the Carl D. Perkins Vocational and Applied Technology Education 
                                  Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT.

    (a) Short Title.--This Act may be cited as the ``Carl D. Perkins 
Vocational and Applied Technology Education Amendments of 1998''.
    (b) Amendment.--The Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2301 et seq.) is amended to read as 
follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Authorization of appropriations.

 ``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

                   ``Part A--Allotment and Allocation

``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American program.
``Sec. 117. Tribally controlled postsecondary vocational and technical 
          institutions.
``Sec. 118. Occupational and employment information.

                       ``Part B--State Provisions

``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.

                       ``Part C--Local Provisions

``Sec. 131. Distribution of funds to secondary school programs.
``Sec. 132. Distribution of funds for postsecondary vocational and 
          technical education programs.
``Sec. 133. Special rules for vocational and technical education.
``Sec. 134. Local plan for vocational and technical education programs.
``Sec. 135. Local uses of funds.

                     ``TITLE II--TECH-PREP EDUCATION

``Sec. 201. Short title.
``Sec. 202. Definitions.
``Sec. 203. State allotment and application.
``Sec. 204. Tech-prep education.
``Sec. 205. Consortium applications.
``Sec. 206. Report.
``Sec. 207. Demonstration program.
``Sec. 208. Authorization of appropriations.

                     ``TITLE III--GENERAL PROVISIONS

               ``Part A--Federal Administrative Provisions

``Sec. 311. Fiscal requirements.
``Sec. 312. Authority to make payments.
``Sec. 313. Construction.
``Sec. 314. Voluntary selection and participation.
``Sec. 315. Limitation for certain students.
``Sec. 316. Federal laws guaranteeing civil rights.
``Sec. 317. Authorization of Secretary.
``Sec. 318. Participation of private school personnel.

                ``Part B--State Administrative Provisions

``Sec. 321. Joint funding.
``Sec. 322. Prohibition on use of funds to induce out-of-State 
          relocation of businesses.
``Sec. 323. State administrative costs.
``Sec. 324. Limitation on Federal regulations.
``Sec. 325. Student assistance and other Federal programs.

``SEC. 2. PURPOSE.

    ``The purpose of this Act is to develop more fully the academic, 
vocational, and technical skills of secondary students and 
postsecondary students who elect to enroll in vocational and technical 
education programs, by--
        ``(1) building on the efforts of States and localities to 
    develop challenging academic standards;
        ``(2) promoting the development of services and activities that 
    integrate academic, vocational, and technical instruction, and that 
    link secondary and postsecondary education for participating 
    vocational and technical education students;
        ``(3) increasing State and local flexibility in providing 
    services and activities designed to develop, implement, and improve 
    vocational and technical education, including tech-prep education; 
    and
        ``(4) disseminating national research, and providing 
    professional development and technical assistance, that will 
    improve vocational and technical education programs, services, and 
    activities.

``SEC. 3. DEFINITIONS.

    ``In this Act:
        ``(1) Administration.--The term `administration', when used 
    with respect to an eligible agency or eligible recipient, means 
    activities necessary for the proper and efficient performance of 
    the eligible agency or eligible recipient's duties under this Act, 
    including supervision, but does not include curriculum development 
    activities, personnel development, or research activities.
        ``(2) All aspects of an industry.--The term `all aspects of an 
    industry' means strong experience in, and comprehensive 
    understanding of, the industry that the individual is preparing to 
    enter.
        ``(3) Area vocational and technical education school.--The term 
    `area vocational and technical education school' means--
            ``(A) a specialized public secondary school used 
        exclusively or principally for the provision of vocational and 
        technical education to individuals who are available for study 
        in preparation for entering the labor market;
            ``(B) the department of a public secondary school 
        exclusively or principally used for providing vocational and 
        technical education in not fewer than 5 different occupational 
        fields to individuals who are available for study in 
        preparation for entering the labor market;
            ``(C) a public or nonprofit technical institution or 
        vocational and technical education school used exclusively or 
        principally for the provision of vocational and technical 
        education to individuals who have completed or left secondary 
        school and who are available for study in preparation for 
        entering the labor market, if the institution or school admits 
        as regular students both individuals who have completed 
        secondary school and individuals who have left secondary 
        school; or
            ``(D) the department or division of an institution of 
        higher education, that operates under the policies of the 
        eligible agency and that provides vocational and technical 
        education in not fewer than five different occupational fields 
        leading to immediate employment but not necessarily leading to 
        a baccalaureate degree, if the department or division admits as 
        regular students both individuals who have completed secondary 
        school and individuals who have left secondary school.
        ``(4) Career guidance and academic counseling.--The term 
    `career guidance and academic counseling' means providing access to 
    information regarding career awareness and planning with respect to 
    an individual's occupational and academic future that shall involve 
    guidance and counseling with respect to career options, financial 
    aid, and postsecondary options.
        ``(5) Charter school.--The term `charter school' has the 
    meaning given the term in section 10306 of the Elementary and 
    Secondary Education Act of 1965 (20 U.S.C. 8066).
        ``(6) Cooperative education.--The term `cooperative education' 
    means a method of instruction of education for individuals who, 
    through written cooperative arrangements between a school and 
    employers, receive instruction, including required academic courses 
    and related vocational and technical education instruction, by 
    alternation of study in school with a job in any occupational 
    field, which alternation shall be planned and supervised by the 
    school and employer so that each contributes to the education and 
    employability of the individual, and may include an arrangement in 
    which work periods and school attendance may be on alternate half 
    days, full days, weeks, or other periods of time in fulfilling the 
    cooperative program.
        ``(7) Displaced homemaker.--The term `displaced homemaker' 
    means an individual who--
            ``(A)(i) has worked primarily without remuneration to care 
        for a home and family, and for that reason has diminished 
        marketable skills;
            ``(ii) has been dependent on the income of another family 
        member but is no longer supported by that income; or
            ``(iii) is a parent whose youngest dependent child will 
        become ineligible to receive assistance under part A of title 
        IV of the Social Security Act (42 U.S.C. 601 et seq.) not later 
        than 2 years after the date on which the parent applies for 
        assistance under this title; and
            ``(B) is unemployed or underemployed and is experiencing 
        difficulty in obtaining or upgrading employment.
        ``(8) Educational service agency.--The term `educational 
    service agency' has the meaning given the term in section 14101 of 
    the Elementary and Secondary Education Act of 1965.
        ``(9) Eligible agency.--The term `eligible agency' means a 
    State board designated or created consistent with State law as the 
    sole State agency responsible for the administration of vocational 
    and technical education or for supervision of the administration of 
    vocational and technical education in the State.
        ``(10) Eligible institution.--The term `eligible institution' 
    means--
            ``(A) an institution of higher education;
            ``(B) a local educational agency providing education at the 
        postsecondary level;
            ``(C) an area vocational and technical education school 
        providing education at the postsecondary level;
            ``(D) a postsecondary educational institution controlled by 
        the Bureau of Indian Affairs or operated by or on behalf of any 
        Indian tribe that is eligible to contract with the Secretary of 
        the Interior for the administration of programs under the 
        Indian Self-Determination Act or the Act of April 16, 1934 (48 
        Stat. 596; 25 U.S.C. 452 et seq.);
            ``(E) an educational service agency; or
            ``(F) a consortium of 2 or more of the entities described 
        in subparagraphs (A) through (E).
        ``(11) Eligible recipient.--The term `eligible recipient' 
    means--
            ``(A) a local educational agency, an area vocational and 
        technical education school, an educational service agency, or a 
        consortium, eligible to receive assistance under section 131; 
        or
            ``(B) an eligible institution or consortium of eligible 
        institutions eligible to receive assistance under section 132.
        ``(12) Governor.--The term `Governor' means the chief executive 
    officer of a State or an outlying area.
        ``(13) Individual with limited english proficiency.--The term 
    `individual with limited English proficiency' means a secondary 
    school student, an adult, or an out-of-school youth, who has 
    limited ability in speaking, reading, writing, or understanding the 
    English language, and--
            ``(A) whose native language is a language other than 
        English; or
            ``(B) who lives in a family or community environment in 
        which a language other than English is the dominant language.
        ``(14) Individual with a disability.--
            ``(A) In general.--The term `individual with a disability' 
        means an individual with any disability (as defined in section 
        3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102)).
            ``(B) Individuals with disabilities.--The term `individuals 
        with disabilities' means more than 1 individual with a 
        disability.
        ``(15) Institution of higher education.--The term `institution 
    of higher education' has the meaning given the term in section 101 
    of the Higher Education Act of 1965.
        ``(16) Local educational agency.--The term `local educational 
    agency' has the meaning given the term in section 14101 of the 
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).
        ``(17) Nontraditional training and employment.--The term 
    `nontraditional training and employment' means occupations or 
    fields of work, including careers in computer science, technology, 
    and other emerging high skill occupations, for which individuals 
    from one gender comprise less than 25 percent of the individuals 
    employed in each such occupation or field of work.
        ``(18) Outlying area.--The term `outlying area' means the 
    United States Virgin Islands, Guam, American Samoa, the 
    Commonwealth of the Northern Mariana Islands, the Republic of the 
    Marshall Islands, the Federated States of Micronesia, and the 
    Republic of Palau.
        ``(19) Postsecondary educational institution.--The term 
    `postsecondary educational institution' means--
            ``(A) an institution of higher education that provides not 
        less than a 2-year program of instruction that is acceptable 
        for credit toward a bachelor's degree;
            ``(B) a tribally controlled college or university; or
            ``(C) a nonprofit educational institution offering 
        certificate or apprenticeship programs at the postsecondary 
        level.
        ``(20) School dropout.--The term `school dropout' means an 
    individual who is no longer attending any school and who has not 
    received a secondary school diploma or its recognized equivalent.
        ``(21) Secondary school.--The term `secondary school' has the 
    meaning given the term in section 14101 of the Elementary and 
    Secondary Education Act of 1965 (20 U.S.C. 8801).
        ``(22) Secretary.--The term `Secretary' means the Secretary of 
    Education.
        ``(23) Special populations.--The term `special populations' 
    means--
            ``(A) individuals with disabilities;
            ``(B) individuals from economically disadvantaged families, 
        including foster children;
            ``(C) individuals preparing for nontraditional training and 
        employment;
            ``(D) single parents, including single pregnant women;
            ``(E) displaced homemakers; and
            ``(F) individuals with other barriers to educational 
        achievement, including individuals with limited English 
        proficiency.
        ``(24) State.--The term `State', unless otherwise specified, 
    means each of the several States of the United States, the District 
    of Columbia, the Commonwealth of Puerto Rico, and each outlying 
    area.
        ``(25) Support services.--The term `support services' means 
    services related to curriculum modification, equipment 
    modification, classroom modification, supportive personnel, and 
    instructional aids and devices.
        ``(26) Tech-prep program.--The term `tech-prep program' means a 
    program of study that--
            ``(A) combines at least 2 years of secondary education (as 
        determined under State law) and 2 years of postsecondary 
        education in a nonduplicative sequential course of study;
            ``(B) strengthens the applied academic component of 
        vocational and technical education through the integration of 
        academic, and vocational and technical, instruction;
            ``(C) provides technical preparation in an area such as 
        engineering technology, applied science, a mechanical, 
        industrial, or practical art or trade, agriculture, a health 
        occupation, business, or applied economics;
            ``(D) builds student competence in mathematics, science, 
        and communications (including through applied academics) in a 
        coherent sequence of courses; and
            ``(E) leads to an associate degree or a certificate in a 
        specific career field, and to high skill, high wage employment, 
        or further education.
        ``(27) Tribally controlled college or university.--The term 
    `tribally controlled college or university' has the meaning given 
    such term in section 2 of the Tribally Controlled College or 
    University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
        ``(28) Tribally controlled postsecondary vocational and 
    technical institution.--The term `tribally controlled postsecondary 
    vocational and technical institution' means an institution of 
    higher education (as defined in section 101 of the Higher Education 
    Act of 1965, except that paragraph (2) of such section shall not be 
    applicable and the reference to Secretary in paragraph (5)(A) of 
    such section shall be deemed to refer to the Secretary of the 
    Interior) that--
            ``(A) is formally controlled, or has been formally 
        sanctioned or chartered, by the governing body of an Indian 
        tribe or Indian tribes;
            ``(B) offers a technical degree or certificate granting 
        program;
            ``(C) is governed by a board of directors or trustees, a 
        majority of whom are Indians;
            ``(D) demonstrates adherence to stated goals, a philosophy, 
        or a plan of operation, that fosters individual Indian economic 
        and self-sufficiency opportunity, including programs that are 
        appropriate to stated tribal goals of developing individual 
        entrepreneurships and self-sustaining economic infrastructures 
        on reservations;
            ``(E) has been in operation for at least 3 years;
            ``(F) holds accreditation with or is a candidate for 
        accreditation by a nationally recognized accrediting authority 
        for postsecondary vocational and technical education; and
            ``(G) enrolls the full-time equivalent of not less than 100 
        students, of whom a majority are Indians.
        ``(29) Vocational and technical education.--The term 
    `vocational and technical education' means organized educational 
    activities that--
            ``(A) offer a sequence of courses that provides individuals 
        with the academic and technical knowledge and skills the 
        individuals need to prepare for further education and for 
        careers (other than careers requiring a baccalaureate, 
        master's, or doctoral degree) in current or emerging employment 
        sectors; and
            ``(B) include competency-based applied learning that 
        contributes to the academic knowledge, higher-order reasoning 
        and problem-solving skills, work attitudes, general 
        employability skills, technical skills, and occupation-specific 
        skills, of an individual.
        ``(30) Vocational and technical student organization.--
            ``(A) In general.--The term `vocational and technical 
        student organization' means an organization for individuals 
        enrolled in a vocational and technical education program that 
        engages in vocational and technical activities as an integral 
        part of the instructional program.
            ``(B) State and national units.--An organization described 
        in subparagraph (A) may have State and national units that 
        aggregate the work and purposes of instruction in vocational 
        and technical education at the local level.

``SEC. 4. TRANSITION PROVISIONS.

    ``The Secretary shall take such steps as the Secretary determines 
to be appropriate to provide for the orderly transition to the 
authority of this Act from any authority under provisions of the Carl 
D. Perkins Vocational and Applied Technology Education Act, as such Act 
was in effect on the day before the date of enactment of the Carl D. 
Perkins Vocational and Applied Technology Education Amendments of 1998.

``SEC. 5. PRIVACY.

    ``(a) GEPA.--Nothing in this Act shall be construed to supersede 
the privacy protections afforded parents and students under section 444 
of the General Education Provisions Act (20 U.S.C. 1232g), as added by 
the Family Educational Rights and Privacy Act of 1974 (section 513 of 
Public Law 93-380; 88 Stat. 571).
    ``(b) Prohibition on Development of National Database.--Nothing in 
this Act shall be construed to permit the development of a national 
database of personally identifiable information on individuals 
receiving services under this Act.

``SEC. 6. LIMITATION.

    ``All of the funds made available under this Act shall be used in 
accordance with the requirements of this Act. None of the funds made 
available under this Act may be used to provide funding under the 
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.) or to 
carry out, through programs funded under this Act, activities that were 
funded under the School-To-Work Opportunities Act of 1994, unless the 
programs funded under this Act serve only those participants eligible 
to participate in the programs under this Act.

``SEC. 7. SPECIAL RULE.

    ``In the case of a local community in which no employees are 
represented by a labor organization, for purposes of this Act the term 
`representatives of employees' shall be substituted for `labor 
organization'.

``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this Act 
(other than sections 114, 117, and 118, and title II) such sums as may 
be necessary for each of the fiscal years 1999 through 2003.

 ``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

                   ``PART A--ALLOTMENT AND ALLOCATION

``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.

    ``(a) Reservations and State Allotment.--
        ``(1) Reservations.--From the sum appropriated under section 8 
    for each fiscal year, the Secretary shall reserve--
            ``(A) 0.2 percent to carry out section 115;
            ``(B) 1.50 percent to carry out section 116, of which--
                ``(i) 1.25 percent of the sum shall be available to 
            carry out section 116(b); and
                ``(ii) 0.25 percent of the sum shall be available to 
            carry out section 116(h); and
            ``(C) in the case of each of the fiscal years 2000 through 
        2003, 0.54 percent to carry out section 503 of Public Law 105-
        220.
        ``(2) State allotment formula.--Subject to paragraphs (3) and 
    (4), from the remainder of the sums appropriated under section 8 
    and not reserved under paragraph (1) for a fiscal year, the 
    Secretary shall allot to a State for the fiscal year--
            ``(A) an amount that bears the same ratio to 50 percent of 
        the sums being allotted as the product of the population aged 
        15 to 19 inclusive, in the State in the fiscal year preceding 
        the fiscal year for which the determination is made and the 
        State's allotment ratio bears to the sum of the corresponding 
        products for all the States;
            ``(B) an amount that bears the same ratio to 20 percent of 
        the sums being allotted as the product of the population aged 
        20 to 24, inclusive, in the State in the fiscal year preceding 
        the fiscal year for which the determination is made and the 
        State's allotment ratio bears to the sum of the corresponding 
        products for all the States;
            ``(C) an amount that bears the same ratio to 15 percent of 
        the sums being allotted as the product of the population aged 
        25 to 65, inclusive, in the State in the fiscal year preceding 
        the fiscal year for which the determination is made and the 
        State's allotment ratio bears to the sum of the corresponding 
        products for all the States; and
            ``(D) an amount that bears the same ratio to 15 percent of 
        the sums being allotted as the amounts allotted to the State 
        under subparagraphs (A), (B), and (C) for such years bears to 
        the sum of the amounts allotted to all the States under 
        subparagraphs (A), (B), and (C) for such year.
        ``(3) Minimum allotment.--
            ``(A) In general.--Notwithstanding any other provision of 
        law and subject to subparagraphs (B) and (C), and paragraph 
        (4), no State shall receive for a fiscal year under this 
        subsection less than \1/2\ of 1 percent of the amount 
        appropriated under section 8 and not reserved under paragraph 
        (1) for such fiscal year. Amounts necessary for increasing such 
        payments to States to comply with the preceding sentence shall 
        be obtained by ratably reducing the amounts to be paid to other 
        States.
            ``(B) Requirement.--No State, by reason of the application 
        of subparagraph (A), shall receive for a fiscal year more than 
        150 percent of the amount the State received under this 
        subsection for the preceding fiscal year (or in the case of 
        fiscal year 1999 only, under section 101 of the Carl D. Perkins 
        Vocational and Applied Technology Education Act, as such 
        section was in effect on the day before the date of enactment 
        of the Carl D. Perkins Vocational and Applied Technology 
        Education Amendments of 1998).
            ``(C) Special rule.--
                ``(i) In general.--Subject to paragraph (4), no State, 
            by reason of the application of subparagraph (A), shall be 
            allotted for a fiscal year more than the lesser of--

                    ``(I) 150 percent of the amount that the State 
                received in the preceding fiscal year (or in the case 
                of fiscal year 1999 only, under section 101 of the Carl 
                D. Perkins Vocational and Applied Technology Education 
                Act, as such section was in effect on the day before 
                the date of enactment of the Carl D. Perkins Vocational 
                and Applied Technology Education Amendments of 1998); 
                and
                    ``(II) the amount calculated under clause (ii).

                ``(ii) Amount.--The amount calculated under this clause 
            shall be determined by multiplying--

                    ``(I) the number of individuals in the State 
                counted under paragraph (2) in the preceding fiscal 
                year; by
                    ``(II) 150 percent of the national average per 
                pupil payment made with funds available under this 
                section for that year (or in the case of fiscal year 
                1999, only, under section 101 of the Carl D. Perkins 
                Vocational and Applied Technology Education Act, as 
                such section was in effect on the day before the date 
                of enactment of the Carl D. Perkins Vocational and 
                Applied Technology Education Amendments of 1998).

        ``(4) Hold harmless.--
            ``(A) In general.--No State shall receive an allotment 
        under this section for a fiscal year that is less than the 
        allotment the State received under part A of title I of the 
        Carl D. Perkins Vocational and Applied Technology Education Act 
        (20 U.S.C. 2311 et seq.) (as such part was in effect on the day 
        before the date of enactment of the Carl D. Perkins Vocational 
        and Applied Technology Education Amendments of 1998) for fiscal 
        year 1998.
            ``(B) Ratable reduction.--If for any fiscal year the amount 
        appropriated for allotments under this section is insufficient 
        to satisfy the provisions of subparagraph (A), the payments to 
        all States under such subparagraph shall be ratably reduced.
    ``(b) Reallotment.--If the Secretary determines that any amount of 
any State's allotment under subsection (a) for any fiscal year will not 
be required for such fiscal year for carrying out the activities for 
which such amount has been allotted, the Secretary shall make such 
amount available for reallotment. Any such reallotment among other 
States shall occur on such dates during the same year as the Secretary 
shall fix, and shall be made on the basis of criteria established by 
regulation. No funds may be reallotted for any use other than the use 
for which the funds were appropriated. Any amount reallotted to a State 
under this subsection for any fiscal year shall remain available for 
obligation during the succeeding fiscal year and shall be deemed to be 
part of the State's allotment for the year in which the amount is 
obligated.
    ``(c) Allotment Ratio.--
        ``(1) In general.--The allotment ratio for any State shall be 
    1.00 less the product of--
            ``(A) 0.50; and
            ``(B) the quotient obtained by dividing the per capita 
        income for the State by the per capita income for all the 
        States (exclusive of the Commonwealth of Puerto Rico and the 
        United States Virgin Islands), except that--
                ``(i) the allotment ratio in no case shall be more than 
            0.60 or less than 0.40; and
                ``(ii) the allotment ratio for the Commonwealth of 
            Puerto Rico and the United States Virgin Islands shall be 
            0.60.
        ``(2) Promulgation.--The allotment ratios shall be promulgated 
    by the Secretary for each fiscal year between October 1 and 
    December 31 of the fiscal year preceding the fiscal year for which 
    the determination is made. Allotment ratios shall be computed on 
    the basis of the average of the appropriate per capita incomes for 
    the 3 most recent consecutive fiscal years for which satisfactory 
    data are available.
        ``(3) Definition of per capita income.--For the purpose of this 
    section, the term `per capita income' means, with respect to a 
    fiscal year, the total personal income in the calendar year ending 
    in such year, divided by the population of the area concerned in 
    such year.
        ``(4) Population determination.--For the purposes of this 
    section, population shall be determined by the Secretary on the 
    basis of the latest estimates available to the Department of 
    Education.
    ``(d) Definition of State.--For the purpose of this section, the 
term `State' means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and the United 
States Virgin Islands.

``SEC. 112. WITHIN STATE ALLOCATION.

    ``(a) In General.--From the amount allotted to each State under 
section 111 for a fiscal year, the State board (hereinafter referred to 
as the `eligible agency') shall make available--
        ``(1) not less than 85 percent for distribution under section 
    131 or 132, of which not more than 10 percent of the 85 percent may 
    be used in accordance with subsection (c);
        ``(2) not more than 10 percent to carry out State leadership 
    activities described in section 124, of which--
            ``(A) an amount equal to not more than 1 percent of the 
        amount allotted to the State under section 111 for the fiscal 
        year shall be available to serve individuals in State 
        institutions, such as State correctional institutions and 
        institutions that serve individuals with disabilities; and
            ``(B) not less than $60,000 and not more than $150,000 
        shall be available for services that prepare individuals for 
        nontraditional training and employment; and
        ``(3) an amount equal to not more than 5 percent, or $250,000, 
    whichever is greater, for administration of the State plan, which 
    may be used for the costs of--
            ``(A) developing the State plan;
            ``(B) reviewing the local plans;
            ``(C) monitoring and evaluating program effectiveness;
            ``(D) assuring compliance with all applicable Federal laws; 
        and
            ``(E) providing technical assistance.
    ``(b) Matching Requirement.--Each eligible agency receiving funds 
made available under subsection (a)(3) shall match, from non-Federal 
sources and on a dollar-for-dollar basis, the funds received under 
subsection (a)(3).
    ``(c) Reserve.--
        ``(1) In general.--From amounts made available under subsection 
    (a)(1) to carry out this subsection, an eligible agency may award 
    grants to eligible recipients for vocational and technical 
    education activities described in section 135 in--
            ``(A) rural areas;
            ``(B) areas with high percentages of vocational and 
        technical education students;
            ``(C) areas with high numbers of vocational and technical 
        students; and
            ``(D) communities negatively impacted by changes resulting 
        from the amendments made by the Carl D. Perkins Vocational and 
        Applied Technology Education Amendments of 1998 to the within 
        State allocation under section 231 of the Carl D. Perkins 
        Vocational and Applied Technology Education Act (as such 
        section 231 was in effect on the day before the date of 
        enactment of the Carl D. Perkins Vocational and Applied 
        Technology Education Amendments of 1998).
        ``(2) Special rule.--Each eligible agency awarding a grant 
    under this subsection shall use the grant funds to serve at least 2 
    of the categories described in subparagraphs (A) through (D) of 
    paragraph (1).

``SEC. 113. ACCOUNTABILITY.

    ``(a) Purpose.--The purpose of this section is to establish a State 
performance accountability system, comprised of the activities 
described in this section, to assess the effectiveness of the State in 
achieving statewide progress in vocational and technical education, and 
to optimize the return of investment of Federal funds in vocational and 
technical education activities.
    ``(b) State Performance Measures.--
        ``(1) In general.--Each eligible agency, with input from 
    eligible recipients, shall establish performance measures for a 
    State that consist of--
            ``(A) the core indicators of performance described in 
        paragraph (2)(A);
            ``(B) any additional indicators of performance (if any) 
        identified by the eligible agency under paragraph (2)(B); and
            ``(C) a State adjusted level of performance described in 
        paragraph (3)(A) for each core indicator of performance, and 
        State levels of performance described in paragraph (3)(B) for 
        each additional indicator of performance.
        ``(2) Indicators of performance.--
            ``(A) Core indicators of performance.--Each eligible agency 
        shall identify in the State plan core indicators of performance 
        that include, at a minimum, measures of each of the following:
                ``(i) Student attainment of challenging State 
            established academic, and vocational and technical, skill 
            proficiencies.
                ``(ii) Student attainment of a secondary school diploma 
            or its recognized equivalent, a proficiency credential in 
            conjunction with a secondary school diploma, or a 
            postsecondary degree or credential.
                ``(iii) Placement in, retention in, and completion of, 
            postsecondary education or advanced training, placement in 
            military service, or placement or retention in employment.
                ``(iv) Student participation in and completion of 
            vocational and technical education programs that lead to 
            nontraditional training and employment.
            ``(B) Additional indicators of performance.--An eligible 
        agency, with input from eligible recipients, may identify in 
        the State plan additional indicators of performance for 
        vocational and technical education activities authorized under 
        the title.
            ``(C) Existing indicators.--If a State previously has 
        developed State performance measures that meet the requirements 
        of this section, the State may use such performance measures to 
        measure the progress of vocational and technical education 
        students.
            ``(D) State role.--Indicators of performance described in 
        this paragraph shall be established solely by each eligible 
        agency with input from eligible recipients.
        ``(3) Levels of performance.--
            ``(A) State adjusted levels of performance for core 
        indicators of performance.--
                ``(i) In general.--Each eligible agency, with input 
            from eligible recipients, shall establish in the State plan 
            submitted under section 122, levels of performance for each 
            of the core indicators of performance described in 
            paragraph (2)(A) for vocational and technical education 
            activities authorized under this title. The levels of 
            performance established under this subparagraph shall, at a 
            minimum--

                    ``(I) be expressed in a percentage or numerical 
                form, so as to be objective, quantifiable, and 
                measurable; and
                    ``(II) require the State to continually make 
                progress toward improving the performance of vocational 
                and technical education students.

                ``(ii) Identification in the state plan.--Each eligible 
            agency shall identify, in the State plan submitted under 
            section 122, levels of performance for each of the core 
            indicators of performance for the first 2 program years 
            covered by the State plan.
                ``(iii) Agreement on state adjusted levels of 
            performance for first 2 years.--The Secretary and each 
            eligible agency shall reach agreement on the levels of 
            performance for each of the core indicators of performance, 
            for the first 2 program years covered by the State plan, 
            taking into account the levels identified in the State plan 
            under clause (ii) and the factors described in clause (vi). 
            The levels of performance agreed to under this clause shall 
            be considered to be the State adjusted level of performance 
            for the State for such years and shall be incorporated into 
            the State plan prior to the approval of such plan.
                ``(iv) Role of the secretary.--The role of the 
            Secretary in the agreement described in clauses (iii) and 
            (v) is limited to reaching agreement on the percentage or 
            number of students who attain the State adjusted levels of 
            performance.
                ``(v) Agreement on state adjusted levels of performance 
            for 3rd, 4th, and 5th years.--Prior to the third program 
            year covered by the State plan, the Secretary and each 
            eligible agency shall reach agreement on the State adjusted 
            levels of performance for each of the core indicators of 
            performance for the third, fourth, and fifth program years 
            covered by the State plan, taking into account the factors 
            described in clause (vi). The State adjusted levels of 
            performance agreed to under this clause shall be considered 
            to be the State adjusted levels of performance for the 
            State for such years and shall be incorporated into the 
            State plan.
                ``(vi) Factors.--The agreement described in clause 
            (iii) or (v) shall take into account--

                    ``(I) how the levels of performance involved 
                compare with the State adjusted levels of performance 
                established for other States taking into account 
                factors including the characteristics of participants 
                when the participants entered the program and the 
                services or instruction to be provided; and
                    ``(II) the extent to which such levels of 
                performance promote continuous improvement on the 
                indicators of performance by such State.

                ``(vii) Revisions.--If unanticipated circumstances 
            arise in a State resulting in a significant change in the 
            factors described in clause (vi)(II), the eligible agency 
            may request that the State adjusted levels of performance 
            agreed to under clause (iii) or (vi) be revised. The 
            Secretary shall issue objective criteria and methods for 
            making such revisions.
            ``(B) Levels of performance for additional indicators.--
        Each eligible agency shall identify in the State plan, State 
        levels of performance for each of the additional indicators of 
        performance described in paragraph (2)(B). Such levels shall be 
        considered to be the State levels of performance for purposes 
        of this title.
    ``(c) Report.--
        ``(1) In general.--Each eligible agency that receives an 
    allotment under section 111 shall annually prepare and submit to 
    the Secretary a report regarding--
            ``(A) the progress of the State in achieving the State 
        adjusted levels of performance on the core indicators of 
        performance; and
            ``(B) information on the levels of performance achieved by 
        the State with respect to the additional indicators of 
        performance, including the levels of performance for special 
        populations.
        ``(2) Special populations.--The report submitted by the 
    eligible agency in accordance with paragraph (1) shall include a 
    quantifiable description of the progress special populations 
    participating in vocational and technical education programs have 
    made in meeting the State adjusted levels of performance 
    established by the eligible agency.
        ``(3) Information dissemination.--The Secretary--
            ``(A) shall make the information contained in such reports 
        available to the general public;
            ``(B) shall disseminate State-by-State comparisons of the 
        information; and
            ``(C) shall provide the appropriate committees of Congress 
        copies of such reports.

``SEC. 114. NATIONAL ACTIVITIES.

    ``(a) Program Performance Information.--
        ``(1) In general.--The Secretary shall collect performance 
    information about, and report on, the condition of vocational and 
    technical education and on the effectiveness of State and local 
    programs, services, and activities carried out under this title in 
    order to provide the Secretary and Congress, as well as Federal, 
    State, local, and tribal agencies, with information relevant to 
    improvement in the quality and effectiveness of vocational and 
    technical education. The Secretary annually shall report to 
    Congress on the Secretary's aggregate analysis of performance 
    information collected each year pursuant to this title, including 
    an analysis of performance data regarding special populations.
        ``(2) Compatibility.--The Secretary shall, to the extent 
    feasible, ensure that the performance information system is 
    compatible with other Federal information systems.
        ``(3) Assessments.--As a regular part of its assessments, the 
    National Center for Education Statistics shall collect and report 
    information on vocational and technical education for a nationally 
    representative sample of students. Such assessment may include 
    international comparisons.
    ``(b) Miscellaneous Provisions.--
        ``(1) Collection of information at reasonable cost.--The 
    Secretary shall take such action as may be necessary to secure at 
    reasonable cost the information required by this title. To ensure 
    reasonable cost, the Secretary, in consultation with the National 
    Center for Education Statistics, the Office of Vocational and Adult 
    Education, and an entity assisted under section 118 shall determine 
    the methodology to be used and the frequency with which information 
    is to be collected.
        ``(2) Cooperation of states.--All eligible agencies receiving 
    assistance under this Act shall cooperate with the Secretary in 
    implementing the information systems developed pursuant to this 
    Act.
    ``(c) Research, Development, Dissemination, Evaluation and 
Assessment.--
        ``(1) Single plan.--
            ``(A) In general.--The Secretary may, directly or through 
        grants, contracts, or cooperative agreements, carry out 
        research, development, dissemination, evaluation and 
        assessment, capacity building, and technical assistance with 
        regard to the vocational and technical education programs under 
        this Act. The Secretary shall develop a single plan for such 
        activities.
            ``(B) Plan.--Such plan shall--
                ``(i) identify the vocational and technical education 
            activities described in subparagraph (A) the Secretary will 
            carry out under this section;
                ``(ii) describe how the Secretary will evaluate such 
            vocational and technical education activities in accordance 
            with paragraph (3); and
                ``(iii) include such other information as the Secretary 
            determines to be appropriate.
        ``(2) Independent advisory panel.--The Secretary shall appoint 
    an independent advisory panel, consisting of vocational and 
    technical education administrators, educators, researchers, and 
    representatives of labor organizations, businesses, parents, 
    guidance and counseling professionals, and other relevant groups, 
    to advise the Secretary on the implementation of the assessment 
    described in paragraph (3), including the issues to be addressed, 
    the methodology of the studies involved, and the findings and 
    recommendations resulting from the assessment. The panel shall 
    submit to the Committee on Education and the Workforce of the House 
    of Representatives, the Committee on Labor and Human Resources of 
    the Senate, and the Secretary an independent analysis of the 
    findings and recommendations resulting from the assessment 
    described in paragraph (3). The Federal Advisory Committee Act (5 
    U.S.C. App.) shall not apply to the panel established under this 
    subsection.
        ``(3) Evaluation and assessment.--
            ``(A) In general.--From amounts made available under 
        paragraph (8), the Secretary shall provide for the conduct of 
        an independent evaluation and assessment of vocational and 
        technical education programs under this Act through studies and 
        analyses conducted independently through grants, contracts, and 
        cooperative agreements that are awarded on a competitive basis.
            ``(B) Contents.--The assessment required under paragraph 
        (1) shall include descriptions and evaluations of--
                ``(i) the extent to which State, local, and tribal 
            entities have developed, implemented, or improved State and 
            local vocational and technical education programs and the 
            effect of programs assisted under this Act on that 
            development, implementation, or improvement, including the 
            capacity of State, tribal, and local vocational and 
            technical education systems to achieve the purpose of this 
            Act;
                ``(ii) the extent to which expenditures at the Federal, 
            State, tribal, and local levels address program improvement 
            in vocational and technical education, including the impact 
            of Federal allocation requirements (such as within-State 
            allocation formulas) on the delivery of services;
                ``(iii) the preparation and qualifications of teachers 
            of vocational and technical, and academic, curricula in 
            vocational and technical education programs, as well as 
            shortages of such teachers;
                ``(iv) participation of students in vocational and 
            technical education programs;
                ``(v) academic and employment outcomes of vocational 
            and technical education, including analyses of--

                    ``(I) the number of vocational and technical 
                education students and tech-prep students who meet 
                State adjusted levels of performance;
                    ``(II) the extent and success of integration of 
                academic, and vocational and technical, education for 
                students participating in vocational and technical 
                education programs; and
                    ``(III) the extent to which vocational and 
                technical education programs prepare students for 
                subsequent employment in high-wage, high-skill careers 
                or participation in postsecondary education;

                ``(vi) employer involvement in, and satisfaction with, 
            vocational and technical education programs;
                ``(vii) the use and impact of educational technology 
            and distance learning with respect to vocational and 
            technical education and tech-prep programs; and
                ``(viii) the effect of State adjusted levels of 
            performance and State levels of performance on the delivery 
            of vocational and technical education services.
            ``(C) Reports.--
                ``(i) In general.--The Secretary shall submit to the 
            Committee on Education and the Workforce of the House of 
            Representatives and the Committee on Labor and Human 
            Resources of the Senate--

                    ``(I) an interim report regarding the assessment on 
                or before January 1, 2002; and
                    ``(II) a final report, summarizing all studies and 
                analyses that relate to the assessment and that are 
                completed after the assessment, on or before July 1, 
                2002.

                ``(ii) Prohibition.--Notwithstanding any other 
            provision of law, the reports required by this subsection 
            shall not be subject to any review outside the Department 
            of Education before their transmittal to the Committee on 
            Education and the Workforce of the House of 
            Representatives, the Committee on Labor and Human Resources 
            of the Senate, and the Secretary, but the President, the 
            Secretary, and the independent advisory panel established 
            under paragraph (2) may make such additional 
            recommendations to Congress with respect to the assessment 
            as the President, the Secretary, or the panel determine to 
            be appropriate.
        ``(4) Collection of state information and report.--
            ``(A) In general.--The Secretary may collect and 
        disseminate information from States regarding State efforts to 
        meet State adjusted levels of performance described in section 
        113.
            ``(B) Report.--The Secretary shall gather any information 
        collected pursuant to subparagraph (A) and submit a report to 
        the Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Labor and Human Resources 
        of the Senate.
        ``(5) Research.--
            ``(A) In general.--The Secretary, after consulting with the 
        States, shall award grants, contracts, or cooperative 
        agreements on a competitive basis to an institution of higher 
        education, a public or private nonprofit organization or 
        agency, or a consortium of such institutions, organizations, or 
        agencies to establish a national research center or centers--
                ``(i) to carry out research for the purpose of 
            developing, improving, and identifying the most successful 
            methods for successfully addressing the education, 
            employment, and training needs of participants in 
            vocational and technical education programs, including 
            research and evaluation in such activities as--

                    ``(I) the integration of vocational and technical 
                instruction, and academic, secondary and postsecondary 
                instruction;
                    ``(II) education technology and distance learning 
                approaches and strategies that are effective with 
                respect to vocational and technical education;
                    ``(III) State adjusted levels of performance and 
                State levels of performance that serve to improve 
                vocational and technical education programs and student 
                achievement; and
                    ``(IV) academic knowledge and vocational and 
                technical skills required for employment or 
                participation in postsecondary education;

                ``(ii) to carry out research to increase the 
            effectiveness and improve the implementation of vocational 
            and technical education programs, including conducting 
            research and development, and studies, providing 
            longitudinal information or formative evaluation with 
            respect to vocational and technical education programs and 
            student achievement;
                ``(iii) to carry out research that can be used to 
            improve teacher training and learning in the vocational and 
            technical education classroom, including--

                    ``(I) effective inservice and preservice teacher 
                education that assists vocational and technical 
                education systems; and
                    ``(II) dissemination and training activities 
                related to the applied research and demonstration 
                activities described in this subsection, which may also 
                include serving as a repository for information on 
                vocational and technical skills, State academic 
                standards, and related materials; and

                ``(iv) to carry out such other research as the 
            Secretary determines appropriate to assist State and local 
            recipients of funds under this Act.
            ``(B) Report.--The center or centers conducting the 
        activities described in subparagraph (A) shall annually prepare 
        a report of key research findings of such center or centers and 
        shall submit copies of the report to the Secretary, the 
        Committee on Education and the Workforce of the House of 
        Representatives, the Committee on Labor and Human Resources of 
        the Senate, the Library of Congress, and each eligible agency.
            ``(C) Dissemination.--The center or centers shall conduct 
        dissemination and training activities based upon the research 
        described in subparagraph (A).
        ``(6) Demonstrations and dissemination.--
            ``(A) Demonstration program.--The Secretary is authorized 
        to carry out demonstration vocational and technical education 
        programs, to replicate model vocational and technical education 
        programs, to disseminate best practices information, and to 
        provide technical assistance upon request of a State, for the 
        purposes of developing, improving, and identifying the most 
        successful methods and techniques for providing vocational and 
        technical education programs assisted under this Act.
            ``(B) Demonstration partnership.--
                ``(i) In general.--The Secretary shall carry out a 
            demonstration partnership project involving a 4-year, 
            accredited postsecondary institution, in cooperation with 
            local public education organizations, volunteer groups, and 
            private sector business participants to provide program 
            support, and facilities for education, training, tutoring, 
            counseling, employment preparation, specific skills 
            training in emerging and established professions, and for 
            retraining of military medical personnel, individuals 
            displaced by corporate or military restructuring, migrant 
            workers, as well as other individuals who otherwise do not 
            have access to such services, through multisite, multistate 
            distance learning technologies.
                ``(ii) Program.--Such program may be carried out 
            directly or through grants, contracts, cooperative 
            agreements, or through the national center or centers 
            established under paragraph (5).
        ``(7) Definition.--In this section, the term `institution of 
    higher education' has the meaning given the term in section 101 of 
    the Higher Education Act of 1965.
        ``(8) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out this section such sums as may be 
    necessary for fiscal year 1999 and each of the 4 succeeding fiscal 
    years.

``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.

    ``(a) Outlying Areas.--From funds reserved pursuant to section 
111(a)(1)(A), the Secretary shall--
        ``(1) make a grant in the amount of $500,000 to Guam; and
        ``(2) make a grant in the amount of $190,000 to each of 
    American Samoa and the Commonwealth of the Northern Mariana 
    Islands.
    ``(b) Remainder.--Subject to the provisions of subsection (a), the 
Secretary shall make a grant of the remainder of funds reserved 
pursuant to section 111(a)(1)(A) to the Pacific Region Educational 
Laboratory in Honolulu, Hawaii, to make grants for vocational and 
technical education and training in Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Republic of the 
Marshall Islands, the Federated States of Micronesia, and the Republic 
of Palau, for the purpose of providing direct vocational and technical 
educational services, including--
        ``(1) teacher and counselor training and retraining;
        ``(2) curriculum development; and
        ``(3) the improvement of vocational and technical education and 
    training programs in secondary schools and institutions of higher 
    education, or improving cooperative education programs involving 
    both secondary schools and institutions of higher education.
    ``(c) Limitation.--The Pacific Region Educational Laboratory may 
use not more than 5 percent of the funds received under subsection (b) 
for administrative costs.
    ``(d) Restriction.--Notwithstanding any other provision of law, the 
Republic of the Marshall Islands, the Federated States of Micronesia, 
and the Republic of Palau shall not receive any funds under this title 
for any fiscal year that begins after September 30, 2001.

``SEC. 116. NATIVE AMERICAN PROGRAM.

    ``(a) Definitions.--In this section:
        ``(1) Alaska native.--The term `Alaska Native' means a Native 
    as such term is defined in section 3 of the Alaska Native Claims 
    Settlement Act (43 U.S.C. 1602(b)).
        ``(2) Bureau funded school.--The term `Bureau funded school' 
    has the meaning given the term in section 1146 of the Education 
    Amendments of 1978 (25 U.S.C. 2026).
        ``(3) Indian, indian tribe, and tribal organization.--The terms 
    `Indian', `Indian tribe', and `tribal organization' have the 
    meanings given the terms in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450b).
        ``(4) Native hawaiian.--The term `Native Hawaiian' means any 
    individual any of whose ancestors were natives, prior to 1778, of 
    the area which now comprises the State of Hawaii.
        ``(5) Native hawaiian organization.--The term `Native Hawaiian 
    organization' has the meaning given the term in section 9212 of the 
    Native Hawaiian Education Act (20 U.S.C. 7912).
    ``(b) Program Authorized.--
        ``(1) Authority.--From funds reserved under section 
    111(a)(1)(B)(i), the Secretary shall make grants to and enter into 
    contracts with Indian tribes, tribal organizations, and Alaska 
    Native entities to carry out the authorized programs described in 
    subsection (d), except that such grants or contracts shall not be 
    awarded to secondary school programs in Bureau funded schools.
        ``(2) Indian tribes and tribal organizations.--The grants or 
    contracts described in this section (other than in subsection (i)) 
    that are awarded to any Indian tribe or tribal organization shall 
    be subject to the terms and conditions of section 102 of the Indian 
    Self-Determination Act (25 U.S.C. 450f) and shall be conducted in 
    accordance with the provisions of sections 4, 5, and 6 of the Act 
    of April 16, 1934, which are relevant to the programs administered 
    under this subsection.
        ``(3) Special authority relating to secondary schools operated 
    or supported by the bureau of indian affairs.--An Indian tribe, a 
    tribal organization, or an Alaska Native entity, that receives 
    funds through a grant made or contract entered into under paragraph 
    (1) may use the funds to provide assistance to a secondary school 
    operated or supported by the Bureau of Indian Affairs to enable 
    such school to carry out vocational and technical education 
    programs.
        ``(4) Matching.--If sufficient funding is available, the Bureau 
    of Indian Affairs shall expend an amount equal to the amount made 
    available under this subsection, relating to programs for Indians, 
    to pay a part of the costs of programs funded under this 
    subsection. During each fiscal year the Bureau of Indian Affairs 
    shall expend not less than the amount expended during the prior 
    fiscal year on vocational and technical education programs, 
    services, and technical activities administered either directly by, 
    or under contract with, the Bureau of Indian Affairs, except that 
    in no year shall funding for such programs, services, and 
    activities be provided from accounts and programs that support 
    other Indian education programs. The Secretary and the Assistant 
    Secretary of the Interior for Indian Affairs shall prepare jointly 
    a plan for the expenditure of funds made available and for the 
    evaluation of programs assisted under this subsection. Upon the 
    completion of a joint plan for the expenditure of the funds and the 
    evaluation of the programs, the Secretary shall assume 
    responsibility for the administration of the program, with the 
    assistance and consultation of the Bureau of Indian Affairs.
        ``(5) Regulations.--If the Secretary promulgates any 
    regulations applicable to subsection (b)(2), the Secretary shall--
            ``(A) confer with, and allow for active participation by, 
        representatives of Indian tribes, tribal organizations, and 
        individual tribal members; and
            ``(B) promulgate the regulations under subchapter III of 
        chapter 5 of title 5, United States Code, commonly known as the 
        ``Negotiated Rulemaking Act of 1990''.
        ``(6) Application.--Any Indian tribe, tribal organization, or 
    Bureau funded school eligible to receive assistance under 
    subsection (b) may apply individually or as part of a consortium 
    with another such Indian tribe, tribal organization, or Bureau 
    funded school.
    ``(c) Authorized Activities.--
        ``(1) Authorized programs.--Funds made available under this 
    section shall be used to carry out vocational and technical 
    education programs consistent with the purpose of this Act.
        ``(2) Stipends.--
            ``(A) In general.--Funds received pursuant to grants or 
        contracts awarded under subsection (b) may be used to provide 
        stipends to students who are enrolled in vocational and 
        technical education programs and who have acute economic needs 
        which cannot be met through work-study programs.
            ``(B) Amount.--Stipends described in subparagraph (A) shall 
        not exceed reasonable amounts as prescribed by the Secretary.
    ``(d) Grant or Contract Application.--In order to receive a grant 
or contract under this section an organization, tribe, or entity 
described in subsection (b) shall submit an application to the 
Secretary that shall include an assurance that such organization, 
tribe, or entity shall comply with the requirements of this section.
    ``(e) Restrictions and Special Considerations.--The Secretary may 
not place upon grants awarded or contracts entered into under 
subsection (b) any restrictions relating to programs other than 
restrictions that apply to grants made to or contracts entered into 
with States pursuant to allotments under section 111(a). The Secretary, 
in awarding grants and entering into contracts under this paragraph, 
shall ensure that the grants and contracts will improve vocational and 
technical education programs, and shall give special consideration to--
        ``(1) programs that involve, coordinate with, or encourage 
    tribal economic development plans; and
        ``(2) applications from tribally controlled colleges or 
    universities that--
            ``(A) are accredited or are candidates for accreditation by 
        a nationally recognized accreditation organization as an 
        institution of postsecondary vocational and technical 
        education; or
            ``(B) operate vocational and technical education programs 
        that are accredited or are candidates for accreditation by a 
        nationally recognized accreditation organization and issue 
        certificates for completion of vocational and technical 
        education programs.
    ``(f) Consolidation of Funds.--Each organization, tribe, or entity 
receiving assistance under this section may consolidate such assistance 
with assistance received from related programs in accordance with the 
provisions of the Indian Employment, Training and Related Services 
Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
    ``(g) Nonduplicative and Nonexclusive Services.--Nothing in this 
section shall be construed--
        ``(1) to limit the eligibility of any organization, tribe, or 
    entity described in subsection (b) to participate in any activity 
    offered by an eligible agency or eligible recipient under this 
    title; or
        ``(2) to preclude or discourage any agreement, between any 
    organization, tribe, or entity described in subsection (b) and any 
    eligible agency or eligible recipient, to facilitate the provision 
    of services by such eligible agency or eligible recipient to the 
    population served by such eligible agency or eligible recipient.
    ``(h) Native Hawaiian Programs.--From the funds reserved pursuant 
to section 111(a)(1)(B)(ii), the Secretary shall award grants to or 
enter into contracts with organizations primarily serving and 
representing Native Hawaiians which are recognized by the Governor of 
the State of Hawaii to plan, conduct, and administer programs, or 
portions thereof, which are authorized by and consistent with the 
provisions of this section for the benefit of Native Hawaiians.

``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND TECHNICAL 
              INSTITUTIONS.

    ``(a) Grants Authorized.--The Secretary shall, subject to the 
availability of appropriations, make grants pursuant to this section to 
tribally controlled postsecondary vocational and technical institutions 
to provide basic support for the education and training of Indian 
students.
    ``(b) Use of Grants.--Amounts made available pursuant to this 
section shall be used for vocational and technical education programs.
    ``(c) Amount of Grants.--
        ``(1) In general.--If the sums appropriated for any fiscal year 
    for grants under this section are not sufficient to pay in full the 
    total amount which approved applicants are eligible to receive 
    under this section for such fiscal year, the Secretary shall first 
    allocate to each such applicant who received funds under this part 
    for the preceding fiscal year an amount equal to 100 percent of the 
    product of the per capita payment for the preceding fiscal year and 
    such applicant's Indian student count for the current program year, 
    plus an amount equal to the actual cost of any increase to the per 
    capita figure resulting from inflationary increases to necessary 
    costs beyond the institution's control.
        ``(2) Per capita determination.--For the purposes of paragraph 
    (1), the per capita payment for any fiscal year shall be determined 
    by dividing the amount available for grants to tribally controlled 
    postsecondary vocational and technical institutions under this 
    section for such program year by the sum of the Indian student 
    counts of such institutions for such program year. The Secretary 
    shall, on the basis of the most accurate data available from the 
    institutions, compute the Indian student count for any fiscal year 
    for which such count was not used for the purpose of making 
    allocations under this section.
    ``(d) Applications.--Any tribally controlled postsecondary 
vocational and technical institution that desires to receive a grant 
under this section shall submit an application to the Secretary in such 
manner and form as the Secretary may require.
    ``(e) Expenses.--
        ``(1) In general.--The Secretary shall, subject to the 
    availability of appropriations, provide for each program year to 
    each tribally controlled postsecondary vocational and technical 
    institution having an application approved by the Secretary, an 
    amount necessary to pay expenses associated with--
            ``(A) the maintenance and operation of the program, 
        including development costs, costs of basic and special 
        instruction (including special programs for individuals with 
        disabilities and academic instruction), materials, student 
        costs, administrative expenses, boarding costs, transportation, 
        student services, daycare and family support programs for 
        students and their families (including contributions to the 
        costs of education for dependents), and student stipends;
            ``(B) capital expenditures, including operations and 
        maintenance, and minor improvements and repair, and physical 
        plant maintenance costs, for the conduct of programs funded 
        under this section; and
            ``(C) costs associated with repair, upkeep, replacement, 
        and upgrading of the instructional equipment.
        ``(2) Accounting.--Each institution receiving a grant under 
    this section shall provide annually to the Secretary an accurate 
    and detailed accounting of the institution's operating and 
    maintenance expenses and such other information concerning costs as 
    the Secretary may reasonably require.
    ``(f) Other Programs.--
        ``(1) In general.--Except as specifically provided in this Act, 
    eligibility for assistance under this section shall not preclude 
    any tribally controlled postsecondary vocational and technical 
    institution from receiving Federal financial assistance under any 
    program authorized under the Higher Education Act of 1965, or any 
    other applicable program for the benefit of institutions of higher 
    education or vocational and technical education.
        ``(2) Prohibition on alteration of grant amount.--The amount of 
    any grant for which tribally controlled postsecondary vocational 
    and technical institutions are eligible under this section shall 
    not be altered because of funds allocated to any such institution 
    from funds appropriated under the Act of November 2, 1921 (commonly 
    known as the `Snyder Act') (42 Stat. 208, chapter 115; 25 U.S.C. 
    13).
        ``(3) Prohibition on contract denial.--No tribally controlled 
    postsecondary vocational and technical institution for which an 
    Indian tribe has designated a portion of the funds appropriated for 
    the tribe from funds appropriated under the Act of November 2, 
    1921, may be denied a contract for such portion under the Indian 
    Self-Determination and Education Assistance Act (except as provided 
    in that Act), or denied appropriate contract support to administer 
    such portion of the appropriated funds.
    ``(g) Needs Estimate and Report on Facilities and Facilities 
Improvement.--
        ``(1) Needs estimate.--The Secretary shall, based on the most 
    accurate data available from the institutions and Indian tribes 
    whose Indian students are served under this section, and in 
    consideration of employment needs, economic development needs, 
    population training needs, and facilities needs, prepare an actual 
    budget needs estimate for each institution eligible under this 
    section for each subsequent program year, and submit such budget 
    needs estimate to Congress in such a timely manner as will enable 
    the appropriate committees of Congress to consider such needs data 
    for purposes of the uninterrupted flow of adequate appropriations 
    to such institutions. Such data shall take into account the 
    purposes and requirements of part A of title IV of the Social 
    Security Act.
        ``(2) Study of training and housing needs.--
            ``(A) In general.--The Secretary shall conduct a detailed 
        study of the training, housing, and immediate facilities needs 
        of each institution eligible under this section. The study 
        shall include an examination of--
                ``(i) training equipment needs;
                ``(ii) housing needs of families whose heads of 
            households are students and whose dependents have no 
            alternate source of support while such heads of households 
            are students; and
                ``(iii) immediate facilities needs.
            ``(B) Report.--The Secretary shall report to Congress not 
        later than July 1, 2000, on the results of the study required 
        by subparagraph (A).
            ``(C) Contents.--The report required by subparagraph (B) 
        shall include the number, type, and cost of meeting the needs 
        described in subparagraph (A), and rank each institution by 
        relative need.
            ``(D) Priority.--In conducting the study required by 
        subparagraph (A), the Secretary shall give priority to 
        institutions that are receiving assistance under this section.
        ``(3) Long-term study of facilities.--
            ``(A) In general.--The Secretary shall provide for the 
        conduct of a long-term study of the facilities of each 
        institution eligible for assistance under this section.
            ``(B) Contents.--The study required by subparagraph (A) 
        shall include a 5-year projection of training facilities, 
        equipment, and housing needs and shall consider such factors as 
        projected service population, employment, and economic 
        development forecasting, based on the most current and accurate 
        data available from the institutions and Indian tribes 
        affected.
            ``(C) Submission.--The Secretary shall submit to Congress a 
        detailed report on the results of such study not later than the 
        end of the 18-month period beginning on the date of enactment 
        of this Act.
    ``(h) Definitions.--In this section:
        ``(1) Indian.--The terms `Indian' and `Indian tribe' have the 
    meanings given the terms in section 2 of the Tribally Controlled 
    College or University Assistance Act of 1978.
        ``(2) Indian student count.--The term `Indian student count' 
    means a number equal to the total number of Indian students 
    enrolled in each tribally controlled postsecondary vocational and 
    technical institution, determined as follows:
            ``(A) Registrations.--The registrations of Indian students 
        as in effect on October 1 of each year.
            ``(B) Summer term.--Credits or clock hours toward a 
        certificate earned in classes offered during a summer term 
        shall be counted toward the computation of the Indian student 
        count in the succeeding fall term.
            ``(C) Admission criteria.--Credits or clock hours toward a 
        certificate earned in classes during a summer term shall be 
        counted toward the computation of the Indian student count if 
        the institution at which the student is in attendance has 
        established criteria for the admission of such student on the 
        basis of the student's ability to benefit from the education or 
        training offered. The institution shall be presumed to have 
        established such criteria if the admission procedures for such 
        studies include counseling or testing that measures the 
        student's aptitude to successfully complete the course in which 
        the student has enrolled. No credit earned by such student for 
        purposes of obtaining a secondary school degree or its 
        recognized equivalent shall be counted toward the computation 
        of the Indian student count.
            ``(D) Determination of hours.--Indian students earning 
        credits in any continuing education program of a tribally 
        controlled postsecondary vocational and technical institution 
        shall be included in determining the sum of all credit or clock 
        hours.
            ``(E) Continuing education.--Credits or clock hours earned 
        in a continuing education program shall be converted to the 
        basis that is in accordance with the institution's system for 
        providing credit for participation in such programs.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $4,000,000 for fiscal year 1999 
and each of the 4 succeeding fiscal years.

``SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

    ``(a) National Activities.--From funds appropriated under 
subsection (f), the Secretary, in consultation with appropriate Federal 
agencies, is authorized--
        ``(1) to provide assistance to an entity to enable the entity--
            ``(A) to provide technical assistance to State entities 
        designated under subsection (b) to enable the State entities to 
        carry out the activities described in subsection (b);
            ``(B) to disseminate information that promotes the 
        replication of high quality practices described in subsection 
        (b);
            ``(C) to develop and disseminate products and services 
        related to the activities described in subsection (b); and
        ``(2) to award grants to States that designate State entities 
    in accordance with subsection (b) to enable the State entities to 
    carry out the State level activities described in subsection (b).
    ``(b) State Level Activities.--In order for a State to receive a 
grant under this section, the eligible agency and the Governor of the 
State shall jointly designate an entity in the State--
        ``(1) to provide support for a career guidance and academic 
    counseling program designed to promote improved career and 
    education decisionmaking by individuals (especially in areas of 
    career information delivery and use);
        ``(2) to make available to students, parents, teachers, 
    administrators, and counselors, and to improve accessibility with 
    respect to, information and planning resources that relate 
    educational preparation to career goals and expectations;
        ``(3) to equip teachers, administrators, and counselors with 
    the knowledge and skills needed to assist students and parents with 
    career exploration, educational opportunities, and education 
    financing.
        ``(4) to assist appropriate State entities in tailoring career-
    related educational resources and training for use by such 
    entities;
        ``(5) to improve coordination and communication among 
    administrators and planners of programs authorized by this Act and 
    by section 15 of the Wagner-Peyser Act at the Federal, State, and 
    local levels to ensure nonduplication of efforts and the 
    appropriate use of shared information and data; and
        ``(6) to provide ongoing means for customers, such as students 
    and parents, to provide comments and feedback on products and 
    services and to update resources, as appropriate, to better meet 
    customer requirements.
    ``(c) Nonduplication.--
        ``(1) Wagner-peyser act.--The State entity designated under 
    subsection (b) may use funds provided under subsection (b) to 
    supplement activities under section 15 of the Wagner-Peyser Act to 
    the extent such activities do not duplicate activities assisted 
    under such section.
        ``(2) Public law 105-220.--None of the functions and activities 
    assisted under this section shall duplicate the functions and 
    activities carried out under Public Law 105-220.
    ``(d) Funding Rule.--Of the amounts appropriated to carry out this 
section, the Federal entity designated under subsection (a) shall use--
        ``(1) not less than 85 percent to carry out subsection (b); and
        ``(2) not more than 15 percent to carry out subsection (a).
    ``(e) Report.--The Secretary, in consultation with appropriate 
Federal agencies, shall prepare and submit to the appropriate 
committees of Congress, an annual report that includes--
        ``(1) an identification of activities assisted under this 
    section during the prior program year;
        ``(2) a description of the specific products and services 
    assisted under this section that were delivered in the prior 
    program year; and
        ``(3) an assessment of the extent to which States have 
    effectively coordinated activities assisted under this section with 
    activities authorized under section 15 of the Wagner-Peyser Act.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 1999 through 2003.

                       ``PART B--STATE PROVISIONS

``SEC. 121. STATE ADMINISTRATION.

    ``(a) Eligible Agency Responsibilities.--
        ``(1) In general.--The responsibilities of an eligible agency 
    under this title shall include--
            ``(A) coordination of the development, submission, and 
        implementation of the State plan, and the evaluation of the 
        program, services, and activities assisted under this title, 
        including preparation for nontraditional training and 
        employment;
            ``(B) consultation with the Governor and appropriate 
        agencies, groups, and individuals including parents, students, 
        teachers, representatives of businesses, labor organizations, 
        eligible recipients, State and local officials, and local 
        program administrators, involved in the planning, 
        administration, evaluation, and coordination of programs funded 
        under this title;
            ``(C) convening and meeting as an eligible agency 
        (consistent with State law and procedure for the conduct of 
        such meetings) at such time as the eligible agency determines 
        necessary to carry out the eligible agency's responsibilities 
        under this title, but not less than four times annually; and
            ``(D) the adoption of such procedures as the eligible 
        agency considers necessary to--
                ``(i) implement State level coordination with the 
            activities undertaken by the State boards under section 111 
            of Public Law 105-220; and
                ``(ii) make available to the service delivery system 
            under section 121 of Public Law 105-220 within the State a 
            listing of all school dropout, postsecondary, and adult 
            programs assisted under this title.
        ``(2) Exception.--Except with respect to the responsibilities 
    set forth in paragraph (1), the eligible agency may delegate any of 
    the other responsibilities of the eligible agency that involve the 
    administration, operation, supervision of activities assisted under 
    this title, in whole or in part, to one or more appropriate State 
    agencies.

``SEC. 122. STATE PLAN.

    ``(a) State Plan.--
        ``(1) In general.--Each eligible agency desiring assistance 
    under this title for any fiscal year shall prepare and submit to 
    the Secretary a State plan for a 5-year period, together with such 
    annual revisions as the eligible agency determines to be necessary.
        ``(2) Revisions.--Each eligible agency--
            ``(A) may submit such annual revisions of the State plan to 
        the Secretary as the eligible agency determines to be 
        necessary; and
            ``(B) shall, after the second year of the 5 year State 
        plan, conduct a review of activities assisted under this title 
        and submit any revisions of the State plan that the eligible 
        agency determines necessary to the Secretary.
        ``(3) Hearing process.--The eligible agency shall conduct 
    public hearings in the State, after appropriate and sufficient 
    notice, for the purpose of affording all segments of the public and 
    interested organizations and groups (including employers, labor 
    organizations, and parents), an opportunity to present their views 
    and make recommendations regarding the State plan. A summary of 
    such recommendations and the eligible agency's response to such 
    recommendations shall be included in the State plan.
    ``(b) Plan Development.--
        ``(1) In general.--The eligible agency shall develop the State 
    plan in consultation with teachers, eligible recipients, parents, 
    students, interested community members, representatives of special 
    populations, representatives of business and industry, and 
    representatives of labor organizations in the State, and shall 
    consult the Governor of the State with respect to such development.
        ``(2) Activities and procedures.--The eligible agency shall 
    develop effective activities and procedures, including access to 
    information needed to use such procedures, to allow the individuals 
    described in paragraph (1) to participate in State and local 
    decisions that relate to development of the State plan.
    ``(c) Plan Contents.--The State plan shall include information 
that--
        ``(1) describes the vocational and technical education 
    activities to be assisted that are designed to meet or exceed the 
    State adjusted levels of performance, including a description of--
            ``(A) the secondary and postsecondary vocational and 
        technical education programs to be carried out, including 
        programs that will be carried out by the eligible agency to 
        develop, improve, and expand access to quality, state-of-the-
        art technology in vocational and technical education programs;
            ``(B) the criteria that will be used by the eligible agency 
        in approving applications by eligible recipients for funds 
        under this title;
            ``(C) how such programs will prepare vocational and 
        technical education students for opportunities in postsecondary 
        education or entry into high skill, high wage jobs in current 
        and emerging occupations; and
            ``(D) how funds will be used to improve or develop new 
        vocational and technical education courses;
        ``(2) describes how comprehensive professional development 
    (including initial teacher preparation) for vocational and 
    technical, academic, guidance, and administrative personnel will be 
    provided;
        ``(3) describes how the eligible agency will actively involve 
    parents, teachers, local businesses (including small- and medium-
    sized businesses), and labor organizations in the planning, 
    development, implementation, and evaluation of such vocational and 
    technical education programs;
        ``(4) describes how funds received by the eligible agency 
    through the allotment made under section 111 will be allocated--
            ``(A) among secondary school vocational and technical 
        education, or postsecondary and adult vocational and technical 
        education, or both, including the rationale for such 
        allocation; and
            ``(B) among any consortia that will be formed among 
        secondary schools and eligible institutions, and how funds will 
        be allocated among the members of the consortia, including the 
        rationale for such allocation;
        ``(5) describes how the eligible agency will--
            ``(A) improve the academic and technical skills of students 
        participating in vocational and technical education programs, 
        including strengthening the academic, and vocational and 
        technical, components of vocational and technical education 
        programs through the integration of academics with vocational 
        and technical education to ensure learning in the core 
        academic, and vocational and technical, subjects, and provide 
        students with strong experience in, and understanding of, all 
        aspects of an industry; and
            ``(B) ensure that students who participate in such 
        vocational and technical education programs are taught to the 
        same challenging academic proficiencies as are taught to all 
        other students;
        ``(6) describes how the eligible agency will annually evaluate 
    the effectiveness of such vocational and technical education 
    programs, and describe, to the extent practicable, how the eligible 
    agency is coordinating such programs to ensure nonduplication with 
    other existing Federal programs;
        ``(7) describes the eligible agency's program strategies for 
    special populations;
        ``(8) describes how individuals who are members of the special 
    populations--
            ``(A) will be provided with equal access to activities 
        assisted under this title;
            ``(B) will not be discriminated against on the basis of 
        their status as members of the special populations; and
            ``(C) will be provided with programs designed to enable the 
        special populations to meet or exceed State adjusted levels of 
        performance, and prepare special populations for further 
        learning and for high skill, high wage careers;
        ``(9) describe what steps the eligible agency shall take to 
    involve representatives of eligible recipients in the development 
    of the State adjusted levels of performance;
        ``(10) provides assurances that the eligible agency will comply 
    with the requirements of this title and the provisions of the State 
    plan, including the provision of a financial audit of funds 
    received under this title which may be included as part of an audit 
    of other Federal or State programs;
        ``(11) provides assurances that none of the funds expended 
    under this title will be used to acquire equipment (including 
    computer software) in any instance in which such acquisition 
    results in a direct financial benefit to any organization 
    representing the interests of the purchasing entity, the employees 
    of the purchasing entity, or any affiliate of such an organization;
        ``(12) describes how the eligible agency will report data 
    relating to students participating in vocational and technical 
    education in order to adequately measure the progress of the 
    students, including special populations;
        ``(13) describes how the eligible agency will adequately 
    address the needs of students in alternative education programs, if 
    appropriate;
        ``(14) describes how the eligible agency will provide local 
    educational agencies, area vocational and technical education 
    schools, and eligible institutions in the State with technical 
    assistance;
        ``(15) describes how vocational and technical education relates 
    to State and regional occupational opportunities;
        ``(16) describes the methods proposed for the joint planning 
    and coordination of programs carried out under this title with 
    other Federal education programs;
        ``(17) describes how funds will be used to promote preparation 
    for nontraditional training and employment;
        ``(18) describes how funds will be used to serve individuals in 
    State correctional institutions;
        ``(19) describes how funds will be used effectively to link 
    secondary and postsecondary education;
        ``(20) describes how the eligible agency will ensure that the 
    data reported to the eligible agency from local educational 
    agencies and eligible institutions under this title and the data 
    the eligible agency reports to the Secretary are complete, 
    accurate, and reliable; and
        ``(21) contains the description and information specified in 
    sections 112(b)(8) and 121(c) of Public Law 105-220 concerning the 
    provision of services only for postsecondary students and school 
    dropouts.
    ``(d) Plan Option.--The eligible agency may fulfill the 
requirements of subsection (a) by submitting a plan under section 501 
of Public Law 105-220.
    ``(e) Plan Approval.--
        ``(1) In general.--The Secretary shall approve a State plan, or 
    a revision to an approved State plan, unless the Secretary 
    determines that--
            ``(A) the State plan, or revision, respectively, does not 
        meet the requirements of this section; or
            ``(B) the State's levels of performance on the core 
        indicators of performance consistent with section 113 are not 
        sufficiently rigorous to meet the purpose of this Act.
        ``(2) Disapproval.--The Secretary shall not finally disapprove 
    a State plan, except after giving the eligible agency notice and an 
    opportunity for a hearing.
        ``(3) Consultation.--The eligible agency shall develop the 
    portion of each State plan relating to the amount and uses of any 
    funds proposed to be reserved for adult vocational and technical 
    education, postsecondary vocational and technical education, tech-
    prep education, and secondary vocational and technical education 
    after consultation with the State agency responsible for 
    supervision of community colleges, technical institutes, or other 
    2-year postsecondary institutions primarily engaged in providing 
    postsecondary vocational and technical education, and the State 
    agency responsible for secondary education. If a State agency finds 
    that a portion of the final State plan is objectionable, the State 
    agency shall file such objections with the eligible agency. The 
    eligible agency shall respond to any objections of the State agency 
    in the State plan submitted to the Secretary.
        ``(4) Timeframe.--A State plan shall be deemed approved by the 
    Secretary if the Secretary has not responded to the eligible agency 
    regarding the State plan within 90 days of the date the Secretary 
    receives the State plan.
    ``(f) Transition.--This section shall be subject to section 4 for 
fiscal year 1999 only, with respect to activities under this section.

``SEC. 123. IMPROVEMENT PLANS.

    ``(a) State Program Improvement Plan.--If a State fails to meet the 
State adjusted levels of performance described in the report submitted 
under section 113(c), the eligible agency shall develop and implement a 
program improvement plan in consultation with appropriate agencies, 
individuals, and organizations for the first program year succeeding 
the program year in which the eligible agency failed to meet the State 
adjusted levels of performance, in order to avoid a sanction under 
subsection (d).
    ``(b) Local Evaluation.--Each eligible agency shall evaluate 
annually, using the State adjusted levels of performance, the 
vocational and technical education activities of each eligible 
recipient receiving funds under this title.
    ``(c) Local Improvement Plan.--
        ``(1) In general.--If, after reviewing the evaluation, the 
    eligible agency determines that an eligible recipient is not making 
    substantial progress in achieving the State adjusted levels of 
    performance, the eligible agency shall--
            ``(A) conduct an assessment of the educational needs that 
        the eligible recipient shall address to overcome local 
        performance deficiencies;
            ``(B) enter into an improvement plan based on the results 
        of the assessment, which plan shall include instructional and 
        other programmatic innovations of demonstrated effectiveness, 
        and where necessary, strategies for appropriate staffing and 
        staff development; and
            ``(C) conduct regular evaluations of the progress being 
        made toward reaching the State adjusted levels of performance.
        ``(2) Consultation.--The eligible agency shall conduct the 
    activities described in paragraph (1) in consultation with 
    teachers, parents, other school staff, appropriate agencies, and 
    other appropriate individuals and organizations.
    ``(d) Sanctions.--
        ``(1) Technical assistance.--If the Secretary determines that 
    an eligible agency is not properly implementing the eligible 
    agency's responsibilities under section 122, or is not making 
    substantial progress in meeting the purpose of this Act, based on 
    the State adjusted levels of performance, the Secretary shall work 
    with the eligible agency to implement improvement activities 
    consistent with the requirements of this Act.
        ``(2) Failure.--If an eligible agency fails to meet the State 
    adjusted levels of performance, has not implemented an improvement 
    plan as described in paragraph (1), has shown no improvement within 
    1 year after implementing an improvement plan as described in 
    paragraph (1), or has failed to meet the State adjusted levels of 
    performance for 2 or more consecutive years, the Secretary may, 
    after notice and opportunity for a hearing, withhold from the 
    eligible agency all, or a portion of, the eligible agency's 
    allotment under this title. The Secretary may waive the sanction 
    under this paragraph due to exceptional or uncontrollable 
    circumstances such as a natural disaster or a precipitous and 
    unforeseen decline in the financial resources of the State.
        ``(3) Funds resulting from reduced allotments.--
            ``(A) In general.--The Secretary shall use funds withheld 
        under paragraph (2), for a State served by an eligible agency, 
        to provide (through alternative arrangements) services and 
        activities within the State to meet the purpose of this Act.
            ``(B) Redistribution.--If the Secretary cannot 
        satisfactorily use funds withheld under paragraph (2), then the 
        amount of funds retained by the Secretary as a result of a 
        reduction in an allotment made under paragraph (2) shall be 
        redistributed to other eligible agencies in accordance with 
        section 111.

``SEC. 124. STATE LEADERSHIP ACTIVITIES.

    ``(a) General Authority.--From amounts reserved under section 
112(a)(2), each eligible agency shall conduct State leadership 
activities.
    ``(b) Required Uses of Funds.--The State leadership activities 
described in subsection (a) shall include--
        ``(1) an assessment of the vocational and technical education 
    programs carried out with funds under this title that includes an 
    assessment of how the needs of special populations are being met 
    and how such programs are designed to enable special populations to 
    meet State adjusted levels of performance and prepare the special 
    populations for further learning or for high skill, high wage 
    careers;
        ``(2) developing, improving, or expanding the use of technology 
    in vocational and technical education that may include--
            ``(A) training of vocational and technical education 
        personnel to use state-of-the-art technology, that may include 
        distance learning;
            ``(B) providing vocational and technical education students 
        with the academic, and vocational and technical skills that 
        lead to entry into the high technology and telecommunications 
        field; or
            ``(C) encouraging schools to work with high technology 
        industries to offer voluntary internships and mentoring 
        programs;
        ``(3) professional development programs, including providing 
    comprehensive professional development (including initial teacher 
    preparation) for vocational and technical, academic, guidance, and 
    administrative personnel, that--
            ``(A) will provide inservice and preservice training in 
        state-of-the-art vocational and technical education programs 
        and techniques, effective teaching skills based on research, 
        and effective practices to improve parental and community 
        involvement; and
            ``(B) will help teachers and personnel to assist students 
        in meeting the State adjusted levels of performance established 
        under section 113;
            ``(C) will support education programs for teachers of 
        vocational and technical education in public schools and other 
        public school personnel who are involved in the direct delivery 
        of educational services to vocational and technical education 
        students to ensure that such teachers stay current with the 
        needs, expectations, and methods of industry; and
            ``(D) is integrated with the professional development 
        activities that the State carries out under title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6001 
        et seq.) and title II of the Higher Education Act of 1965;
        ``(4) support for vocational and technical education programs 
    that improve the academic, and vocational and technical skills of 
    students participating in vocational and technical education 
    programs by strengthening the academic, and vocational and 
    technical components of such vocational and technical education 
    programs through the integration of academics with vocational and 
    technical education to ensure learning in the core academic, and 
    vocational and technical subjects;
        ``(5) providing preparation for nontraditional training and 
    employment;
        ``(6) supporting partnerships among local educational agencies, 
    institutions of higher education, adult education providers, and, 
    as appropriate, other entities, such as employers, labor 
    organizations, parents, and local partnerships, to enable students 
    to achieve State academic standards, and vocational and technical 
    skills;
        ``(7) serving individuals in State institutions, such as State 
    correctional institutions and institutions that serve individuals 
    with disabilities; and
        ``(8) support for programs for special populations that lead to 
    high skill, high wage careers.
    ``(c) Permissible Uses of Funds.--The leadership activities 
described in subsection (a) may include--
        ``(1) technical assistance for eligible recipients;
        ``(2) improvement of career guidance and academic counseling 
    programs that assist students in making informed academic, and 
    vocational and technical education decisions;
        ``(3) establishment of agreements between secondary and 
    postsecondary vocational and technical education programs in order 
    to provide postsecondary education and training opportunities for 
    students participating in such vocational and technical education 
    programs, such as tech-prep programs;
        ``(4) support for cooperative education;
        ``(5) support for vocational and technical student 
    organizations, especially with respect to efforts to increase the 
    participation of students who are members of special populations;
        ``(6) support for public charter schools operating secondary 
    vocational and technical education programs;
        ``(7) support for vocational and technical education programs 
    that offer experience in, and understanding of, all aspects of an 
    industry for which students are preparing to enter;
        ``(8) support for family and consumer sciences programs;
        ``(9) support for education and business partnerships;
        ``(10) support to improve or develop new vocational and 
    technical education courses;
        ``(11) providing vocational and technical education programs 
    for adults and school dropouts to complete their secondary school 
    education; and
        ``(12) providing assistance to students, who have participated 
    in services and activities under this title, in finding an 
    appropriate job and continuing their education.
    ``(d) Restriction on Uses of Funds.--An eligible agency that 
receives funds under section 112(a)(2) may not use any of such funds 
for administrative costs.

                       ``PART C--LOCAL PROVISIONS

``SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.

    ``(a) Distribution for Fiscal Year 1999.--Except as provided in 
section 133 and as otherwise provided in this section, each eligible 
agency shall distribute the portion of the funds made available under 
section 112(a)(1) to carry out this section for fiscal year 1999 to 
local educational agencies within the State as follows:
        ``(1) Seventy percent.--From 70 percent of such portion, each 
    local educational agency shall be allocated an amount that bears 
    the same relationship to such 70 percent as the amount such local 
    educational agency was allocated under section 1124 of the 
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333) for 
    the preceding fiscal year bears to the total amount received under 
    such section by all local educational agencies in the State for 
    such preceding fiscal year.
        ``(2) Twenty percent.--From 20 percent of such portion, each 
    local educational agency shall be allocated an amount that bears 
    the same relationship to such 20 percent as the number of students 
    with disabilities who have individualized education programs under 
    section 614(d) of the Individuals with Disabilities Education Act 
    (20 U.S.C. 1414(d)) served by such local educational agency for the 
    preceding fiscal year bears to the total number of such students 
    served by all local educational agencies in the State for such 
    preceding fiscal year.
        ``(3) Ten percent.--From 10 percent of such portion, each local 
    educational agency shall be allocated an amount that bears the same 
    relationship to such 10 percent as the number of students enrolled 
    in schools and adults enrolled in training programs under the 
    jurisdiction of such local educational agency for the preceding 
    fiscal year bears to the number of students enrolled in schools and 
    adults enrolled in training programs under the jurisdiction of all 
    local educational agencies in the State for such preceding fiscal 
    year.
    ``(b) Special Distribution Rules for Succeeding Fiscal Years.--
Except as provided in section 133 and as otherwise provided in this 
section, each eligible agency shall distribute the portion of funds 
made available under section 112(a)(1) to carry out this section for 
fiscal year 2000 and succeeding fiscal years to local educational 
agencies within the State as follows:
        ``(1) 30 percent.--30 percent shall be allocated to such local 
    educational agencies in proportion to the number of individuals 
    aged 15 through 19, inclusive, who reside in the school district 
    served by such local educational agency for the preceding fiscal 
    year compared to the total number of such individuals who reside in 
    the school districts served by all local educational agencies in 
    the State for such preceding fiscal year.
        ``(2) 70 percent.--70 percent shall be allocated to such local 
    educational agencies in proportion to the number of individuals 
    aged 15 through 19, inclusive, who reside in the school district 
    served by such local educational agency from families with incomes 
    below the poverty line (as defined by the Office of Management and 
    Budget and revised annually in accordance with section 673(2) of 
    the Community Services Block Grant Act (42 U.S.C. 9902(2))) 
    applicable to a family of the size involved for the fiscal year for 
    which the determination is made compared to the number of such 
    individuals who reside in the school districts served by all the 
    local educational agencies in the State for such preceding fiscal 
    year.
    ``(c) Waiver for More Equitable Distribution.--The Secretary may 
waive the application of subsection (b) in the case of any eligible 
agency that submits to the Secretary an application for such a waiver 
that--
        ``(1) demonstrates that a proposed alternative formula more 
    effectively targets funds on the basis of poverty (as defined by 
    the Office of Management and Budget and revised annually in 
    accordance with section 673(2) of the Community Services Block 
    Grant Act (42 U.S.C. 9902(2)) to local educational agencies within 
    the State than the formula described in subsection (b); and
        ``(2) includes a proposal for such an alternative formula.
    ``(d) Minimum Allocation.--
        ``(1) In general.--Except as provided in paragraph (2), a local 
    educational agency shall not receive an allocation under subsection 
    (a) unless the amount allocated to such agency under subsection (a) 
    is greater than $15,000. A local educational agency may enter into 
    a consortium with other local educational agencies for purposes of 
    meeting the minimum allocation requirement of this paragraph.
        ``(2) Waiver.--The eligible agency shall waive the application 
    of paragraph (1) in any case in which the local educational 
    agency--
            ``(A)(i) is located in a rural, sparsely populated area, or
            ``(ii) is a public charter school operating secondary 
        vocational and technical education programs; and
            ``(B) demonstrates that the local educational agency is 
        unable to enter into a consortium for purposes of providing 
        activities under this part.
        ``(3) Redistribution.--Any amounts that are not allocated by 
    reason of paragraph (1) or paragraph (2) shall be redistributed to 
    local educational agencies that meet the requirements of paragraph 
    (1) or (2) in accordance with the provisions of this section.
    ``(e) Limited Jurisdiction Agencies.--
        ``(1) In general.--In applying the provisions of subsection 
    (a), no eligible agency receiving assistance under this title shall 
    allocate funds to a local educational agency that serves only 
    elementary schools, but shall distribute such funds to the local 
    educational agency or regional educational agency that provides 
    secondary school services to secondary school students in the same 
    attendance area.
        ``(2) Special rule.--The amount to be allocated under paragraph 
    (1) to a local educational agency that has jurisdiction only over 
    secondary schools shall be determined based on the number of 
    students that entered such secondary schools in the previous year 
    from the elementary schools involved.
    ``(f) Allocations to Area Vocational and Technical Education 
Schools and Educational Service Agencies.--
        ``(1) In general.--Each eligible agency shall distribute the 
    portion of funds made available under section 112(a)(1) for any 
    fiscal year by such eligible agency for secondary school vocational 
    and technical education activities under this section to the 
    appropriate area vocational and technical education school or 
    educational service agency in any case in which the area vocational 
    and technical education school or educational service agency, and 
    the local educational agency concerned--
            ``(A) have formed or will form a consortium for the purpose 
        of receiving funds under this section; or
            ``(B) have entered into or will enter into a cooperative 
        arrangement for such purpose.
        ``(2) Allocation basis.--If an area vocational and technical 
    education school or educational service agency meets the 
    requirements of paragraph (1), then the amount that would otherwise 
    be distributed to the local educational agency shall be allocated 
    to the area vocational and technical education school, the 
    educational service agency, and the local educational agency based 
    on each school, agency or entity's relative share of students who 
    are attending vocational and technical education programs (based, 
    if practicable, on the average enrollment for the preceding 3 
    years;
        ``(3) Appeals procedure.--The eligible agency shall establish 
    an appeals procedure for resolution of any dispute arising between 
    a local educational agency and an area vocational and technical 
    education school or an educational service agency with respect to 
    the allocation procedures described in this section, including the 
    decision of a local educational agency to leave a consortium or 
    terminate a cooperative arrangement.
    ``(g) Consortium Requirements.--
        ``(1) Alliance.--Any local educational agency receiving an 
    allocation that is not sufficient to conduct a program which meets 
    the requirements of section 135 is encouraged to--
            ``(A) form a consortium or enter into a cooperative 
        agreement with an area vocational and technical education 
        school or educational service agency offering programs that 
        meet the requirements of section 135;
            ``(B) transfer such allocation to the area vocational and 
        technical education school or educational service agency; and
            ``(C) operate programs that are of sufficient size, scope, 
        and quality to be effective.
        ``(2) Funds to consortium.--Funds allocated to a consortium 
    formed to meet the requirements of this paragraph shall be used 
    only for purposes and programs that are mutually beneficial to all 
    members of the consortium and can be used only for programs 
    authorized under this title. Such funds may not be reallocated to 
    individual members of the consortium for purposes or programs 
    benefiting only one member of the consortium.
    ``(h) Data.--The Secretary shall collect information from eligible 
agencies regarding the specific dollar allocations made available by 
the eligible agency for vocational and technical education programs 
under subsections (a), (b), (c), and (d) and how these allocations are 
distributed to local educational agencies, area vocational and 
technical education schools, and educational service agencies, within 
the State in accordance with this section.
    ``(i) Special Rule.--Each eligible agency distributing funds under 
this section shall treat a secondary school funded by the Bureau of 
Indian Affairs within the State as if such school were a local 
educational agency within the State for the purpose of receiving a 
distribution under this section.

``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY VOCATIONAL AND 
              TECHNICAL EDUCATION PROGRAMS.

    ``(a) Allocation.--
        ``(1) In general.--Except as provided in subsections (b) and 
    (c) and section 133, each eligible agency shall distribute the 
    portion of the funds made available under section 112(a)(1) to 
    carry out this section for any fiscal year to eligible institutions 
    or consortia of eligible institutions within the State.
        ``(2) Formula.--Each eligible institution or consortium of 
    eligible institutions shall be allocated an amount that bears the 
    same relationship to the portion of funds made available under 
    section 112(a)(1) to carry out this section for any fiscal year as 
    the sum of the number of individuals who are Federal Pell Grant 
    recipients and recipients of assistance from the Bureau of Indian 
    Affairs enrolled in programs meeting the requirements of section 
    135 offered by such institution or consortium in the preceding 
    fiscal year bears to the sum of the number of such recipients 
    enrolled in such programs within the State for such year.
        ``(3) Consortium requirements.--
            ``(A) In general.--In order for a consortium of eligible 
        institutions described in paragraph (2) to receive assistance 
        pursuant to such paragraph, such consortium shall operate joint 
        projects that--
                ``(i) provide services to all postsecondary 
            institutions participating in the consortium; and
                ``(ii) are of sufficient size, scope, and quality to be 
            effective.
            ``(B) Funds to consortium.--Funds allocated to a consortium 
        formed to meet the requirements of this section shall be used 
        only for purposes and programs that are mutually beneficial to 
        all members of the consortium and shall be used only for 
        programs authorized under this title. Such funds may not be 
        reallocated to individual members of the consortium for 
        purposes or programs benefiting only one member of the 
        consortium.
        ``(4) Waiver.--The eligible agency may waive the application of 
    paragraph (3)(A)(i) in any case in which the eligible institution 
    is located in a rural, sparsely populated area.
    ``(b) Waiver for More Equitable Distribution.--The Secretary may 
waive the application of subsection (a) if an eligible agency submits 
to the Secretary an application for such a waiver that--
        ``(1) demonstrates that the formula described in subsection (a) 
    does not result in a distribution of funds to the eligible 
    institutions or consortia within the State that have the highest 
    numbers of economically disadvantaged individuals and that an 
    alternative formula will result in such a distribution; and
        ``(2) includes a proposal for such an alternative formula.
    ``(c) Minimum Grant Amount.--
        ``(1) In general.--No institution or consortium shall receive 
    an allocation under this section in an amount that is less than 
    $50,000.
        ``(2) Redistribution.--Any amounts that are not distributed by 
    reason of paragraph (1) shall be redistributed to eligible 
    institutions or consortia in accordance with this section.

``SEC. 133. SPECIAL RULES FOR VOCATIONAL AND TECHNICAL EDUCATION.

    ``(a) Special Rule for Minimal Allocation.--
        ``(1) General authority.--Notwithstanding the provisions of 
    sections 131 and 132 and in order to make a more equitable 
    distribution of funds for programs serving the areas of greatest 
    economic need, for any program year for which a minimal amount is 
    made available by an eligible agency for distribution under section 
    131 or 132, such State may distribute such minimal amount for such 
    year--
            ``(A) on a competitive basis; or
            ``(B) through any alternative method determined by the 
        State.
        ``(2) Minimal amount.--For purposes of this section, the term 
    `minimal amount' means not more than 15 percent of the total amount 
    made available for distribution under section 112(a)(1).
    ``(b) Redistribution.--
        ``(1) In general.--In any academic year that an eligible 
    recipient does not expend all of the amounts the eligible recipient 
    is allocated for such year under section 131 or 132, such eligible 
    recipient shall return any unexpended amounts to the eligible 
    agency to be reallocated under section 131 or 132, as appropriate.
        ``(2) Redistribution of amounts returned late in an academic 
    year.--In any academic year in which amounts are returned to the 
    eligible agency under section 131 or 132 and the eligible agency is 
    unable to reallocate such amounts according to such sections in 
    time for such amounts to be expended in such academic year, the 
    eligible agency shall retain such amounts for distribution in 
    combination with amounts provided under section 112(a)(1) for the 
    following academic year.
    ``(c) Construction.--Nothing in section 131 or 132 shall be 
construed--
        ``(1) to prohibit a local educational agency or a consortium 
    thereof that receives assistance under section 131, from working 
    with an eligible institution or consortium thereof that receives 
    assistance under section 132, to carry out secondary school 
    vocational and technical education programs in accordance with this 
    title;
        ``(2) to prohibit an eligible institution or consortium thereof 
    that receives assistance under section 132, from working with a 
    local educational agency or consortium thereof that receives 
    assistance under section 131, to carry out postsecondary and adult 
    vocational and technical education programs in accordance with this 
    title; or
        ``(3) to require a charter school, that provides vocational and 
    technical education programs and is considered a local educational 
    agency under State law, to jointly establish the charter school's 
    eligibility for assistance under this title unless the charter 
    school is explicitly permitted to do so under the State's charter 
    school statute.
    ``(d) Consistent Application.--For purposes of this section, the 
eligible agency shall provide funds to charter schools offering 
vocational and technical education programs in the same manner as the 
eligible agency provides those funds to other schools. Such vocational 
and technical education programs within a charter school shall be of 
sufficient size, scope, and quality to be effective.

``SEC. 134. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS.

    ``(a) Local Plan Required.--Any eligible recipient desiring 
financial assistance under this part shall, in accordance with 
requirements established by the eligible agency (in consultation with 
such other educational entities as the eligible agency determines to be 
appropriate) submit a local plan to the eligible agency. Such local 
plan shall cover the same period of time as the period of time 
applicable to the State plan submitted under section 122.
    ``(b) Contents.--The eligible agency shall determine requirements 
for local plans, except that each local plan shall--
        ``(1) describe how the vocational and technical education 
    programs required under section 135(b) will be carried out with 
    funds received under this title;
        ``(2) describe how the vocational and technical education 
    activities will be carried out with respect to meeting State 
    adjusted levels of performance established under section 113;
        ``(3) describe how the eligible recipient will--
            ``(A) improve the academic and technical skills of students 
        participating in vocational and technical education programs by 
        strengthening the academic, and vocational and technical 
        components of such programs through the integration of 
        academics with vocational and technical education programs 
        through a coherent sequence of courses to ensure learning in 
        the core academic, and vocational and technical subjects;
            ``(B) provide students with strong experience in and 
        understanding of all aspects of an industry; and
            ``(C) ensure that students who participate in such 
        vocational and technical education programs are taught to the 
        same challenging academic proficiencies as are taught for all 
        other students;
        ``(4) describe how parents, students, teachers, representatives 
    of business and industry, labor organizations, representatives of 
    special populations, and other interested individuals are involved 
    in the development, implementation, and evaluation of vocational 
    and technical education programs assisted under this title, and how 
    such individuals and entities are effectively informed about, and 
    assisted in understanding, the requirements of this title;
        ``(5) provide assurances that the eligible recipient will 
    provide a vocational and technical education program that is of 
    such size, scope, and quality to bring about improvement in the 
    quality of vocational and technical education programs;
        ``(6) describe the process that will be used to independently 
    evaluate and continuously improve the performance of the eligible 
    recipient;
        ``(7) describe how the eligible recipient--
            ``(A) will review vocational and technical education 
        programs, and identify and adopt strategies to overcome 
        barriers that result in lowering rates of access to or lowering 
        success in the programs, for special populations; and
            ``(B) will provide programs that are designed to enable the 
        special populations to meet the State adjusted levels of 
        performance;
        ``(8) describe how individuals who are members of the special 
    populations will not be discriminated against on the basis of their 
    status as members of the special populations;
        ``(9) describe how funds will be used to promote preparation 
    for nontraditional training and employment; and
        ``(10) describe how comprehensive professional development 
    (including initial teacher preparation) for vocational and 
    technical, academic, guidance, and administrative personnel will be 
    provided.

``SEC. 135. LOCAL USES OF FUNDS.

    ``(a) General Authority.--Each eligible recipient that receives 
funds under this part shall use such funds to improve vocational and 
technical education programs.
    ``(b) Requirements for Uses of Funds.--Funds made available to 
eligible recipients under this part shall be used to support vocational 
and technical education programs that--
        ``(1) strengthen the academic, and vocational and technical 
    skills of students participating in vocational and technical 
    education programs by strengthening the academic, and vocational 
    and technical components of such programs through the integration 
    of academics with vocational and technical education programs 
    through a coherent sequence of courses to ensure learning in the 
    core academic, and vocational and technical subjects;
        ``(2) provide students with strong experience in and 
    understanding of all aspects of an industry;
        ``(3) develop, improve, or expand the use of technology in 
    vocational and technical education, which may include--
            ``(A) training of vocational and technical education 
        personnel to use state-of-the-art technology, which may include 
        distance learning;
            ``(B) providing vocational and technical education students 
        with the academic, and vocational and technical skills that 
        lead to entry into the high technology and telecommunications 
        field; or
            ``(C) encouraging schools to work with high technology 
        industries to offer voluntary internships and mentoring 
        programs;
        ``(4) provide professional development programs to teachers, 
    counselors, and administrators, including--
            ``(A) inservice and preservice training in state-of-the-art 
        vocational and technical education programs and techniques, in 
        effective teaching skills based on research, and in effective 
        practices to improve parental and community involvement;
            ``(B) support of education programs for teachers of 
        vocational and technical education in public schools and other 
        public school personnel who are involved in the direct delivery 
        of educational services to vocational and technical education 
        students, to ensure that such teachers and personnel stay 
        current with all aspects of an industry;
            ``(C) internship programs that provide business experience 
        to teachers; and
            ``(D) programs designed to train teachers specifically in 
        the use and application of technology;
        ``(5) develop and implement evaluations of the vocational and 
    technical education programs carried out with funds under this 
    title, including an assessment of how the needs of special 
    populations are being met;
        ``(6) initiate, improve, expand, and modernize quality 
    vocational and technical education programs;
        ``(7) provide services and activities that are of sufficient 
    size, scope, and quality to be effective; and
        ``(8) link secondary vocational and technical education and 
    postsecondary vocational and technical education, including 
    implementing tech-prep programs.
    ``(c) Permissive.--Funds made available to an eligible recipient 
under this title may be used--
        ``(1) to involve parents, businesses, and labor organizations 
    as appropriate, in the design, implementation, and evaluation of 
    vocational and technical education programs authorized under this 
    title, including establishing effective programs and procedures to 
    enable informed and effective participation in such programs;
        ``(2) to provide career guidance and academic counseling for 
    students participating in vocational and technical education 
    programs;
        ``(3) to provide work-related experience, such as internships, 
    cooperative education, school-based enterprises, entrepreneurship, 
    and job shadowing that are related to vocational and technical 
    education programs;
        ``(4) to provide programs for special populations;
        ``(5) for local education and business partnerships;
        ``(6) to assist vocational and technical student organizations;
        ``(7) for mentoring and support services;
        ``(8) for leasing, purchasing, upgrading or adapting equipment, 
    including instructional aides;
        ``(9) for teacher preparation programs that assist individuals 
    who are interested in becoming vocational and technical education 
    instructors, including individuals with experience in business and 
    industry;
        ``(10) for improving or developing new vocational and technical 
    education courses;
        ``(11) to provide support for family and consumer sciences 
    programs;
        ``(12) to provide vocational and technical education programs 
    for adults and school dropouts to complete their secondary school 
    education;
        ``(13) to provide assistance to students who have participated 
    in services and activities under this title in finding an 
    appropriate job and continuing their education;
        ``(14) to support nontraditional training and employment 
    activities; and
        ``(15) to support other vocational and technical education 
    activities that are consistent with the purpose of this Act.
    ``(d) Administrative Costs.--Each eligible recipient receiving 
funds under this part shall not use more than 5 percent of the funds 
for administrative costs associated with the administration of 
activities assisted under this section.

                    ``TITLE II--TECH-PREP EDUCATION

``SEC. 201. SHORT TITLE.

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

``SEC. 202. DEFINITIONS.

    ``(a) In this title:
        ``(1) Articulation agreement.--The term `articulation 
    agreement' means a written commitment to a program designed to 
    provide students with a nonduplicative sequence of progressive 
    achievement leading to degrees or certificates in a tech-prep 
    education program.
        ``(2) Community college.--The term `community college'--
            ``(A) means an institution of higher education, as defined 
        in section 101 of the Higher Education Act of 1965, that 
        provides not less than a 2-year program that is acceptable for 
        full credit toward a bachelor's degree; and
            ``(B) includes tribally controlled colleges or 
        universities.
        ``(3) Tech-prep program.--The term `tech-prep program' means a 
    program of study that--
            ``(A) combines at a minimum 2 years of secondary education 
        (as determined under State law) with a minimum of 2 years of 
        postsecondary education in a nonduplicative, sequential course 
        of study;
            ``(B) integrates academic, and vocational and technical, 
        instruction, and utilizes work-based and worksite learning 
        where appropriate and available;
            ``(C) provides technical preparation in a career field such 
        as engineering technology, applied science, a mechanical, 
        industrial, or practical art or trade, agriculture, health 
        occupations, business, or applied economics;
            ``(D) builds student competence in mathematics, science, 
        reading, writing, communications, economics, and workplace 
        skills through applied, contextual academics, and integrated 
        instruction, in a coherent sequence of courses;
            ``(E) leads to an associate or a baccalaureate degree or a 
        postsecondary certificate in a specific career field; and
            ``(F) leads to placement in appropriate employment or to 
        further education.

``SEC. 203. STATE ALLOTMENT AND APPLICATION.

    ``(a) In General.--For any fiscal year, the Secretary shall allot 
the amount made available under section 206 among the States in the 
same manner as funds are allotted to States under paragraph (2) of 
section 111(a).
    ``(b) Payments to Eligible Agencies.--The Secretary shall make a 
payment in the amount of a State's allotment under subsection (a) to 
the eligible agency that serves the State and has an application 
approved under subsection (c).
    ``(c) State Application.--Each eligible agency desiring assistance 
under this title shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require.

``SEC. 204. TECH-PREP EDUCATION.

    ``(a) Grant Program Authorized.--
        ``(1) In general.--From amounts made available to each eligible 
    agency under section 203, the eligible agency, in accordance with 
    the provisions of this title, shall award grants, on a competitive 
    basis or on the basis of a formula determined by the eligible 
    agency, for tech-prep education programs described in subsection 
    (c). The grants shall be awarded to consortia between or among--
            ``(A) a local educational agency, an intermediate 
        educational agency or area vocational and technical education 
        school serving secondary school students, or a secondary school 
        funded by the Bureau of Indian Affairs; and
            ``(B)(i) a nonprofit institution of higher education that 
        offers--
                ``(I) a 2-year associate degree program, or a 2-year 
            certificate program, and is qualified as institutions of 
            higher education pursuant to section 102 of the Higher 
            Education Act of 1965, including an institution receiving 
            assistance under the Tribally Controlled College or 
            University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 
            and a tribally controlled postsecondary vocational and 
            technical institution; or
                ``(II) a 2-year apprenticeship program that follows 
            secondary instruction,
        if such nonprofit institution of higher education is not 
        prohibited from receiving assistance under part B of title IV 
        of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) 
        pursuant to the provisions of section 435(a)(3) of such Act (20 
        U.S.C. 1083(a)); or
            ``(ii) a proprietary institution of higher education that 
        offers a 2-year associate degree program and is qualified as an 
        institution of higher education pursuant to section 102 of the 
        Higher Education Act of 1965, if such proprietary institution 
        of higher education is not subject to a default management plan 
        required by the Secretary.
        ``(2) Special rule.--In addition, a consortium described in 
    paragraph (1) may include 1 or more--
            ``(A) institutions of higher education that award a 
        baccalaureate degree; and
            ``(B) employer or labor organizations.
    ``(b) Duration.--Each grant recipient shall use amounts provided 
under the grant to develop and operate a 4- or 6-year tech-prep 
education program described in subsection (c).
    ``(c) Contents of Tech-Prep Program.--Each tech-prep program 
shall--
        ``(1) be carried out under an articulation agreement between 
    the participants in the consortium;
        ``(2) consist of at least 2 years of secondary school preceding 
    graduation and 2 years or more of higher education, or an 
    apprenticeship program of at least 2 years following secondary 
    instruction, with a common core of required proficiency in 
    mathematics, science, reading, writing, communications, and 
    technologies designed to lead to an associate's degree or a 
    postsecondary certificate in a specific career field;
        ``(3) include the development of tech-prep programs for both 
    secondary and postsecondary, including consortium, participants in 
    the consortium that--
            ``(A) meets academic standards developed by the State;
            ``(B) links secondary schools and 2-year postsecondary 
        institutions, and if possible and practicable, 4-year 
        institutions of higher education through nonduplicative 
        sequences of courses in career fields, including the 
        investigation of opportunities for tech-prep secondary students 
        to enroll concurrently in secondary and postsecondary 
        coursework;
            ``(C) uses, if appropriate and available, work-based or 
        worksite learning in conjunction with business and all aspects 
        of an industry; and
            ``(D) uses educational technology and distance learning, as 
        appropriate, to involve all the consortium partners more fully 
        in the development and operation of programs;
        ``(4) include in-service training for teachers that--
            ``(A) is designed to train vocational and technical 
        teachers to effectively implement tech-prep programs;
            ``(B) provides for joint training for teachers in the tech-
        prep consortium;
            ``(C) is designed to ensure that teachers and 
        administrators stay current with the needs, expectations, and 
        methods of business and all aspects of an industry;
            ``(D) focuses on training postsecondary education faculty 
        in the use of contextual and applied curricula and instruction; 
        and
            ``(E) provides training in the use and application of 
        technology;
        ``(5) include training programs for counselors designed to 
    enable counselors to more effectively--
            ``(A) provide information to students regarding tech-prep 
        education programs;
            ``(B) support student progress in completing tech-prep 
        programs;
            ``(C) provide information on related employment 
        opportunities;
            ``(D) ensure that such students are placed in appropriate 
        employment; and
            ``(E) stay current with the needs, expectations, and 
        methods of business and all aspects of an industry;
        ``(6) provide equal access, to the full range of technical 
    preparation programs, to individuals who are members of special 
    populations, including the development of tech-prep program 
    services appropriate to the needs of special populations; and
        ``(7) provide for preparatory services that assist participants 
    in tech-prep programs.
    ``(d) Additional Authorized Activities.--Each tech-prep program 
may--
        ``(1) provide for the acquisition of tech-prep program 
    equipment;
        ``(2) acquire technical assistance from State or local entities 
    that have designed, established, and operated tech-prep programs 
    that have effectively used educational technology and distance 
    learning in the delivery of curricula and services and in the 
    articulation process; and
        ``(3) establish articulation agreements with institutions of 
    higher education, labor organizations, or businesses located inside 
    or outside the State and served by the consortium, especially with 
    regard to using distance learning and educational technology to 
    provide for the delivery of services and programs.

``SEC. 205. CONSORTIUM APPLICATIONS.

    ``(a) In General.--Each consortium that desires to receive a grant 
under this title shall submit an application to the eligible agency at 
such time and in such manner as the eligible agency shall prescribe.
    ``(b) Plan.--Each application submitted under this section shall 
contain a 5-year plan for the development and implementation of tech-
prep programs under this title, which plan shall be reviewed after the 
second year of the plan.
    ``(c) Approval.--The eligible agency shall approve applications 
based on the potential of the activities described in the application 
to create an effective tech-prep program.
    ``(d) Special Consideration.--The eligible agency, as appropriate, 
shall give special consideration to applications that--
        ``(1) provide for effective employment placement activities or 
    the transfer of students to baccalaureate degree programs;
        ``(2) are developed in consultation with business, industry, 
    institutions of higher education, and labor organizations;
        ``(3) address effectively the issues of school dropout 
    prevention and reentry and the needs of special populations;
        ``(4) provide education and training in areas or skills in 
    which there are significant workforce shortages, including the 
    information technology industry; and
        ``(5) demonstrate how tech-prep programs will help students 
    meet high academic and employability competencies.
    ``(e) Equitable Distribution of Assistance.--In awarding grants 
under this title, the eligible agency shall ensure an equitable 
distribution of assistance between urban and rural consortium 
participants.

``SEC. 206. REPORT.

    ``Each eligible agency that receives a grant under this title 
annually shall prepare and submit to the Secretary a report on the 
effectiveness of the tech-prep programs assisted under this title, 
including a description of how grants were awarded within the State.

``SEC. 207. DEMONSTRATION PROGRAM.

    ``(a) Demonstration Program Authorized.--From funds appropriated 
under subsection (e) for a fiscal year, the Secretary shall award 
grants to consortia described in section 204(a) to enable the consortia 
to carry out tech-prep education programs.
    ``(b) Program Contents.--Each tech-prep program referred to in 
subsection (a)--
        ``(1) shall--
            ``(A) involve the location of a secondary school on the 
        site of a community college;
            ``(B) involve a business as a member of the consortium; and
            ``(C) require the voluntary participation of secondary 
        school students in the tech-prep education program; and
        ``(2) may provide summer internships at a business for students 
    or teachers.
    ``(c) Application.--Each consortium desiring a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner and accompanied by such information as the Secretary may 
require.
    ``(d) Applicability.--The provisions of sections 203, 204, 205, and 
206 shall not apply to this section, except that--
        ``(1) the provisions of section 204(a) shall apply for purposes 
    of describing consortia eligible to receive assistance under this 
    section;
        ``(2) each tech-prep education program assisted under this 
    section shall meet the requirements of paragraphs (1), (2), (3)(A), 
    (3)(B), (3)(C), (3)(D), (4), (5), (6), and (7) of section 204(c), 
    except that such paragraph (3)(B) shall be applied by striking `, 
    and if possible and practicable, 4-year institutions of higher 
    education through nonduplicative sequences of courses in career 
    fields'; and
        ``(3) in awarding grants under this section, the Secretary 
    shall give special consideration to consortia submitting 
    applications under subsection (c) that meet the requirements of 
    paragraphs (1), (3), (4), and (5) of section 205(d), except that 
    such paragraph (1) shall be applied by striking `or the transfer of 
    students to baccalaureate degree programs'.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 1999 
and each of the 4 succeeding fiscal years.

``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title 
(other than section 207) such sums as may be necessary for fiscal year 
1999 and each of the 4 succeeding fiscal years.

                    ``TITLE III--GENERAL PROVISIONS

              ``PART A--FEDERAL ADMINISTRATIVE PROVISIONS

``SEC. 311. FISCAL REQUIREMENTS.

    ``(a) Supplement Not Supplant.--Funds made available under this Act 
for vocational and technical education activities shall supplement, and 
shall not supplant, non-Federal funds expended to carry out vocational 
and technical education activities and tech-prep activities.
    ``(b) Maintenance of Effort.--
        ``(1) Determination.--
            ``(A) In general.--Except as provided in subparagraphs (B) 
        and (C), no payments shall be made under this Act for any 
        fiscal year to a State for vocational and technical education 
        programs or tech-prep programs unless the Secretary determines 
        that the fiscal effort per student or the aggregate 
        expenditures of such State for vocational and technical 
        education programs for the fiscal year preceding the fiscal 
        year for which the determination is made, equaled or exceeded 
        such effort or expenditures for vocational and technical 
        education programs, for the second fiscal year preceding the 
        fiscal year for which the determination is made.
            ``(B) Computation.--In computing the fiscal effort or 
        aggregate expenditures pursuant to subparagraph (A), the 
        Secretary shall exclude capital expenditures, special one-time 
        project costs, and the cost of pilot programs.
            ``(C) Decrease in federal support.--If the amount made 
        available for vocational and technical education programs under 
        this Act for a fiscal year is less than the amount made 
        available for vocational and technical education programs under 
        this Act for the preceding fiscal year, then the fiscal effort 
        per student or the aggregate expenditures of a State required 
        by subparagraph (B) for such preceding fiscal year shall be 
        decreased by the same percentage as the percentage decrease in 
        the amount so made available.
        ``(2) Waiver.--The Secretary may waive the requirements of this 
    section, with respect to not more than 5 percent of expenditures by 
    any eligible agency for 1 fiscal year only, on making a 
    determination that such waiver would be equitable due to 
    exceptional or uncontrollable circumstances affecting the ability 
    of the eligible agency to meet such requirements, such as a natural 
    disaster or an unforeseen and precipitous decline in financial 
    resources. No level of funding permitted under such a waiver may be 
    used as the basis for computing the fiscal effort or aggregate 
    expenditures required under this section for years subsequent to 
    the year covered by such waiver. The fiscal effort or aggregate 
    expenditures for the subsequent years shall be computed on the 
    basis of the level of funding that would, but for such waiver, have 
    been required.

``SEC. 312. AUTHORITY TO MAKE PAYMENTS.

    ``Any authority to make payments or to enter into contracts under 
this Act shall be available only to such extent or in such amounts as 
are provided in advance in appropriation Acts.

``SEC. 313. 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.

``SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.

    ``No funds made available under this Act shall be used--
        ``(1) to require any secondary school student to choose or 
    pursue a specific career path or major; and
        ``(2) to mandate that any individual participate in a 
    vocational and technical education program, including a vocational 
    and technical education program that requires the attainment of a 
    federally funded skill level, standard, or certificate of mastery.

``SEC. 315. LIMITATION FOR CERTAIN STUDENTS.

    ``No funds received under this Act may be used to provide 
vocational and technical education programs to students prior to the 
seventh grade, except that equipment and facilities purchased with 
funds under this Act may be used by such students.

``SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.

    ``Nothing in this Act shall be construed to be inconsistent with 
applicable Federal law prohibiting discrimination on the basis of race, 
color, sex, national origin, age, or disability in the provision of 
Federal programs or services.

``SEC. 317. AUTHORIZATION OF SECRETARY.

    ``For the purposes of increasing and expanding the use of 
technology in vocational and technical education instruction, including 
the training of vocational and technical education personnel as 
provided in this Act, the Secretary is authorized to receive and use 
funds collected by the Federal Government from fees for the use of 
property, rights-of-way, and easements under the control of Federal 
departments and agencies for the placement of telecommunications 
services that are dependent, in whole or in part, upon the utilization 
of general spectrum rights for the transmission or reception of such 
services.

``SEC. 318. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL.

    ``An eligible agency or eligible recipient that uses funds under 
this Act for inservice and preservice vocational and technical 
education professional development programs for vocational and 
technical education teachers, administrators, and other personnel may, 
upon request, permit the participation in such programs of vocational 
and technical education teachers, administrators, and other personnel 
in nonprofit private schools offering vocational and technical 
education programs located in the geographical area served by such 
agency or recipient.

               ``PART B--STATE ADMINISTRATIVE PROVISIONS

``SEC. 321. JOINT FUNDING.

    ``(a) General Authority.--Funds made available to eligible agencies 
under this Act may be used to provide additional funds under an 
applicable program if--
        ``(1) such program otherwise meets the requirements of this Act 
    and the requirements of the applicable program;
        ``(2) such program serves the same individuals that are served 
    under this Act;
        ``(3) such program provides services in a coordinated manner 
    with services provided under this Act; and
        ``(4) such funds are used to supplement, and not supplant, 
    funds provided from non-Federal sources.
    ``(b) Applicable Program.--For the purposes of this section, the 
term `applicable program' means any program under any of the following 
provisions of law:
        ``(1) Chapters 4 and 5 of subtitle B of title I of Public Law 
    105-220.
        ``(2) The Wagner-Peyser Act.
    ``(c) Use of Funds as Matching Funds.--For the purposes of this 
section, the term `additional funds' does not include funds used as 
matching funds.

``SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE 
              RELOCATION OF BUSINESSES.

    ``No funds provided under this Act shall be used for the purpose of 
directly providing incentives or inducements to an employer to relocate 
a business enterprise from one State to another State if such 
relocation will result in a reduction in the number of jobs available 
in the State where the business enterprise is located before such 
incentives or inducements are offered.

``SEC. 323. STATE ADMINISTRATIVE COSTS.

    ``(a) General Rule.--Except as provided in subsection (b), for each 
fiscal year for which an eligible agency receives assistance under this 
Act, the eligible agency shall provide, from non-Federal sources for 
the costs the eligible agency incurs for the administration of programs 
under this Act an amount that is not less than the amount provided by 
the eligible agency from non-Federal sources for such costs for the 
preceding fiscal year.
    ``(b) Exception.--If the amount made available for administration 
of programs under this Act for a fiscal year is less than the amount 
made available for administration of programs under this Act for the 
preceding fiscal year, the amount the eligible agency is required to 
provide from non-Federal sources for costs the eligible agency incurs 
for administration of programs under this Act shall be the same 
percentage as the amount made available for administration of programs 
under this Act.

``SEC. 324. LIMITATION ON FEDERAL REGULATIONS.

    ``The Secretary may issue regulations under this Act only to the 
extent necessary to administer and ensure compliance with the specific 
requirements of this Act.

``SEC. 325. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.

    ``(a) Attendance Costs Not Treated as Income or Resources.--The 
portion of any student financial assistance received under this Act 
that is made available for attendance costs described in subsection (b) 
shall not be considered as income or resources in determining 
eligibility for assistance under any other program funded in whole or 
in part with Federal funds.
    ``(b) Attendance Costs.--The attendance costs described in this 
subsection are--
        ``(1) tuition and fees normally assessed a student carrying an 
    academic workload as determined by the institution, and including 
    costs for rental or purchase of any equipment, materials, or 
    supplies required of all students in that course of study; and
        ``(2) an allowance for books, supplies, transportation, 
    dependent care, and miscellaneous personal expenses for a student 
    attending the institution on at least a half-time basis, as 
    determined by the institution.
    ``(c) Costs of Vocational and Technical Education Services.--Funds 
made available under this Act may be used to pay for the costs of 
vocational and technical education services required in an 
individualized education plan developed pursuant to section 614(d) of 
the Individuals with Disabilities Education Act and services necessary 
to meet the requirements of section 504 of the Rehabilitation Act of 
1973 with respect to ensuring equal access to vocational and technical 
education.''.

SEC. 2. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

    Section 10104 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 8004) is amended--
        (1) in subsection (a), by striking ``to be held in 1995'' and 
    inserting ``to be held in 1999''; and
        (2) in subsection (b)--
            (A) in paragraph (4), by striking ``in the summer of 1995'' 
        and inserting ``in the summer of 1999'';
            (B) in paragraph (5), by striking ``in 1996 and thereafter, 
        as well as replicate such program''; and
            (C) in paragraph (6), by striking ``1995'' and inserting 
        ``1999''.

SEC. 3. REFERENCES TO CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY 
              EDUCATION ACT.

    (a) Immigration and Nationality Act.--Section 245A(h)(4)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) is amended by 
striking ``Vocational Education Act of 1963'' and inserting ``Carl D. 
Perkins Vocational and Technical Education Act of 1998''.
    (b) National Defense Authorization Act.--Section 4461 of the 
National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 
note) is amended--
        (1) by striking paragraph (4); and
        (2) by redesignating paragraphs (5) and (6) as paragraphs (4) 
    and (5), respectively.
    (c) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is 
amended--
        (1) in section 1114(b)(2)(C)(v) (20 U.S.C. 6314(b)(2)(C)(v)), 
    by striking ``Carl D. Perkins Vocational and Applied Technical 
    Education Act'' and inserting ``Carl D. Perkins Vocational and 
    Technical Education Act of 1998'';
        (2) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)), by striking 
    ``Carl D. Perkins Vocational and Technical Education Act'' and 
    inserting ``Carl D. Perkins Vocational and Technical Education Act 
    of 1998'';
        (3) in section 14302(a)(2) (20 U.S.C. 8852(a)(2))--
            (A) by striking subparagraph (C); and
            (B) by redesignating subparagraphs (D), (E), and (F) as 
        subparagraphs (C), (D), and (E), respectively; and
        (4) in the matter preceding subparagraph (A) of section 
    14307(a)(1) (20 U.S.C. 8857(a)(1)), by striking ``Carl D. Perkins 
    Vocational and Applied Technology Technical Education Act'' and 
    inserting ``Carl D. Perkins Vocational and Technical Education Act 
    of 1998''.
    (d) Equity in Educational Land-Grant Status Act of 1994.--Section 
533(c)(4)(A) of the Equity in Educational Land-Grant Status Act of 1994 
(7 U.S.C. 301 note) is amended by striking ``(20 U.S.C. 2397h(3)'' and 
inserting ``, as such section was in effect on the day preceding the 
date of enactment of the Carl D. Perkins Vocational and Applied 
Technology Education Amendments of 1998''.
    (e) Improving America's Schools Act of 1994.--Section 563 of the 
Improving America's Schools Act of 1994 (20 U.S.C. 6301 note) is 
amended by striking ``the date of enactment of an Act reauthorizing the 
Carl D. Perkins Vocational and Technical Education Act (20 U.S.C. 2301 
et seq.)'' and inserting ``July 1, 1999''.
    (f) Workforce Investment Act of 1998.--Section 101(3) of the 
Workforce Investment Act of 1998 (29 U.S.C. 2801(3)) is amended by 
striking ``section 521 of the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2471)'' and inserting ``section 3 
of the Carl D. Perkins Vocational and Technical Education Act of 
1998''.
    (g) Appalachian Regional Development Act of 1965.--Section 214(c) 
of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 
214(c)) is amended by striking ``Carl D. Perkins Vocational Education 
Act'' and inserting ``Carl D. Perkins Vocational and Technical 
Education Act of 1998''.
    (h) Vocational Education Amendments of 1968.--Section 104 of the 
Vocational Education Amendments of 1968 (82 Stat. 1091) is amended by 
striking ``section 3 of the Carl D. Perkins Vocational Education Act'' 
and inserting ``the Carl D. Perkins Vocational and Technical Education 
Act of 1998''.
    (i) Older Americans Act of 1965.--The Older Americans Act of 1965 
(42 U.S.C. 3001 et seq.) is amended--
        (1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)), by 
    striking ``or the Carl D. Perkins Vocational and Applied Technology 
    Education Act (20 U.S.C. 2301 et seq.)''; and
        (2) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))--
            (A) by striking ``employment and training programs'' and 
        inserting ``workforce investment activities''; and
            (B) by striking ``the Carl D. Perkins Vocational and 
        Applied Technology Education Act (20 U.S.C. 2301 et seq.)'' and 
        inserting ``the Carl D. Perkins Vocational and Technical 
        Education Act of 1998''.

SEC. 4. ADULT EDUCATION AND FAMILY LITERACY.

    The Adult Education and Family Literacy Act (20 U.S.C. 9201 et 
seq.) is amended--
        (1) in section 224, by adding at the end the following:
    ``(g) Transition.--The provisions of this section shall be subject 
to section 506(b).''; and
        (2) by amending paragraph (2) of section 506(b) to read as 
    follows:
        ``(2) Limitation.--The authority to take actions under 
    paragraph (1) shall apply until July 1, 2000.''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Workforce Investment Act of 1998.--Section 121 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2841) is amended--
        (1) in subsection (b)(1)(B)(iv), by inserting before the 
    semicolon the following: ``(other than part C of title I of such 
    Act and subject to subsection (f))''; and
        (2) by adding at the end the following:
    ``(f) Application to Certain Vocational Rehabilitation Programs.--
        ``(1) Limitation.--Nothing in this section shall be construed 
    to apply to part C of title I of the Rehabilitation Act of 1973 (29 
    U.S.C. 741).
        ``(2) Client assistance.--Nothing in this Act shall be 
    construed to require that any entity carrying out a client 
    assistance program authorized under section 112 of the 
    Rehabilitation Act of 1973 (29 U.S.C. 732)--
            ``(A) violate the requirement of section 112(c)(1)(A) of 
        that Act that the entity be independent of any agency which 
        provides treatment, services, or rehabilitation to individuals 
        under that Act; or
            ``(B) carry out any activity not authorized under section 
        112 of that Act (including appropriate Federal regulations).''.
    (b) Wagner-Peyser Act.--
        (1) In general.--Section 15 of the Wagner-Peyser Act (as added 
    by section 309 of the Workforce Investment Act of 1998) is 
    amended--
            (A) in subsection (a)(2)(A)(i), by striking ``under'' and 
        all that follows through ``for which'' and inserting ``under 
        the provisions of this section for any purpose other than the 
        statistical purposes for which''; and
            (B) in subsection (e)(2)(G), by striking ``complementary'' 
        and inserting ``complementarity''.
        (2) Effective date.--The amendments made by paragraph (1) take 
    effect July 2, 1999.
    (c) Rehabilitation Act of 1973.--Section 725(c)(7) of the 
Rehabilitation Act of 1973 (as amended by section 410 of the Workforce 
Investment Act of 1998) is amended by striking ``management,'' and all 
that follows and inserting ``management;''.

SEC. 6. REPEALS AND EXTENSIONS OF PREVIOUS HIGHER EDUCATION AMENDMENTS 
              PROVISIONS.

    (a) Higher Education Amendments of 1986.--Title XIII of the Higher 
Education Amendments of 1986 (Public Law 99-498) is repealed.
    (b) Higher Education Amendments of 1992.--The following provisions 
of the Higher Education Amendments of 1992 (Public Law 102-325) are 
repealed:
        (1) Parts E, F, and G of title XIII.
        (2) Title XIV.
        (3) Parts A, B, C, and D of title XV.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.