[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1853 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1853

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1997

  Mr. Riggs introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    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.

    This Act may be cited as the ``Carl D. Perkins Vocational-Technical 
Education Act Amendments of 1997''.

SEC. 2. TABLE OF CONTENTS; REFERENCES.

    (a) Table of Contents.--The table of contents of the Act is amended 
by striking the matter related to section 3 and all that follows 
through section 521.
    (b) Reference to Act.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a title, chapter, part, subpart, section, 
subsection, or other provision, the reference shall be considered to be 
made to a title, chapter, part, subpart, section, subsection, or other 
provision of the Carl D. Perkins Vocational and Applied Technology 
Education Act. (20 U.S.C. 2301 et seq.).

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 3 of the Act is amended--
            (1) in subsection (a) by striking ``$1,600,000,000'' and 
        all that follows and inserting ``$1,300,000,000, for fiscal 
        year 1998 and such sums as may be necessary for each of the 4 
        succeeding fiscal years to carry out the provisions of titles I 
        and II.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Title I.--Of the amounts made available under subsection 
(a)--
            ``(1) 1.5 percent shall be reserved to carry out section 
        103, relating to Indian and Hawaiian natives programs; and
            ``(2) 0.2 percent shall be reserved to carry out section 
        101A, relating to the territories.''; and
            (3) by striking subsections (c) through (f).

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

SEC. 101. ALLOTMENT.

    Section 101 of the Act is amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting in lieu thereof the following:

``SEC. 101. ALLOTMENT.

    ``(a) Specific Populations.--'';
            (2) in subsection (a)--
                    (A) by striking paragraph (1) and inserting in lieu 
                thereof the following:
            ``(1) In general.--In each fiscal year, from amounts made 
        available under section 3(a), the Secretary shall reserve--
                    ``(A) 1.5 percent to carry out section 103, of 
                which--
                            ``(i) 1.25 percent shall be available to 
                        carry out section 103(a); and
                            ``(ii) 0.25 percent shall be available to 
                        carry out section 103(b);
                    ``(B) 0.2 percent for the purpose of carrying out 
                section 101A.''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Remainder of funds.--From the remainder of the sums 
        appropriated pursuant to section 3, the Secretary shall allot 
        to each State for each fiscal year--
                    (A) an amount which 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 which bears the same ratio to 50 
                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) in paragraph (3)--
                            (i) by striking subparagraphs (A) and (C);
                            (ii) by redesignating subparagraphs (B) and 
                        (D) as (A) and (B), respectively;
                            (iii) in subparagraph (A), as 
                        redesignated--
                                    (I) by striking clause (i), and 
                                inserting the following:
                            ``(i) Notwithstanding any other provision 
                        of law and subject to subparagraph (B) and 
                        clause (ii), no State shall receive less than 
                        one-half of one percent of the amount available 
                        for each such program for each fiscal year 
                        under this subsection'';
                                    (II) in clause (ii), by striking 
                                ``or parts A, B, C, D, or E of title 
                                III''.
            (3) by amending subsection (c) to read as follows:
    ``(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 Puerto Rico and the 
                Virgin Islands), except that--
                            (i) the allotment ratio in no case shall be 
                        more than 0.55 or less than 0.40; and
                            ``(ii) the allotment ratio for Puerto Rico 
                        and the Virgin Islands shall be 0.55.
            ``(2) 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 three most recent consecutive fiscal years for which 
        satisfactory data are available.
            ``(3) 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) For the purposes of this section, population shall be 
        determined by the Secretary on the basis of the latest 
        estimates available to the Department.

SEC. 101A. THE TERRITORIES.

    Section 101A of the Act is amended--
            (1) by striking the matter preceding the text of subsection 
        (a); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(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 part 
for any fiscal year that begins after September 30, 2001.''.

SEC. 102. WITHIN STATE ALLOTMENTS.

    Section 102 is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1), and inserting ``an 
                amount equal to not less than 90 percent of the 
                allotment shall be available for basic programs under 
                part B of title II;
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively;
                    (D) in paragraph (2), as redesignated, by striking 
                ``8.5'' and inserting ``8'';
                    (E) in paragraph (3), as redesignated--
                            (i) by striking ``5'' and inserting ``2'';
                            (ii) by striking ``of which--'' and all 
                        that follows through clause (v) and inserting 
                        the following:
        ``which may be used for the costs of--
                    ``(A) developing the State plan;
                    ``(B) reviewing local applications;
                    ``(C) monitoring and evaluating program 
                effectiveness; and
                    ``(D) assuring compliance with all applicable 
                Federal laws.''; and
                    (F) by striking paragraph (5);
            (2) in subsection (b) by striking ``(a)(4)'' and inserting 
        ``(a)(3)''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Rural Reserve.--A State may reserve up to 10 percent of the 
allotment made under section 102(a)(1) to use for grants to rural 
areas.''.

SEC. 103. INDIAN AND HAWAIIAN NATIVES PROGRAMS.

    Section 103 of the Act is amended to read as follows:

``SEC. 103. NATIVE AMERICAN PROGRAM.

    ``(a) Indian Policy.--All programs assisted under this section 
shall be administered in a manner consistent with the principles of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 
et seq.) and the government-to-government relationship between the 
Federal Government and Indian tribal governments.
    ``(b) Definitions.--As used in this section:
            ``(1) Alaska native.--The term `Alaska Native' means a 
        Native as such term is defined in section 3(b) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602(b)).
            ``(2) Indian, indian tribe, and tribal organization.--The 
        terms `Indian', `Indian tribe', and `tribal organization' have 
        the meanings given such terms in subsections (d), (e), and (l), 
        respectively, of section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 1201(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1141(a)).
            ``(4) Native hawaiian and native hawaiian organization.--
        The terms `Native Hawaiian' and `Native Hawaiian organization' 
        have the meanings given such terms in paragraphs (1) and (3), 
        respectively, of section 9212 of the Native Hawaiian Education 
        Act (20 U.S.C. 7912).
            ``(5) Tribally controlled community college.--The term 
        `tribally controlled community college' has the meaning given 
        such term in section 2(a)(4) of the Tribally Controlled 
        Community College Assistance Act of 1978 (25 U.S.C. 
        1801(a)(4)).
            ``(6) Tribally controlled postsecondary vocational 
        institution.--The term `tribally controlled postsecondary 
        vocational institution' means an institution of higher 
        education that--
                    ``(A) is formally controlled, or has been formally 
                sanctioned or chartered, by the governing body of an 
                Indian tribe or 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-
                technical education; and
                    ``(G) enrolls the full-time equivalent of not fewer 
                than 100 students, of whom a majority are Indians.
    ``(c) Program Authorized.--
            ``(1) In general.--From amounts reserved under section 
        101(a)(1)(A)(ii), the Secretary shall make grants to Indian 
        tribes, tribal organizations, Alaska Native entities, tribally 
        controlled community colleges, tribally controlled 
        postsecondary vocational institutions, Indian-controlled 
        organizations serving Indians, or Native Hawaiian organizations 
        to carry out the authorized programs described in subsection 
        (d).
            ``(2) 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-technical education programs.
    ``(d) Authorized Programs.--Funds made available under this section 
shall be used to carry out the programs described in sections 201 and 
225.
    ``(e) Grant Application.--In order to receive a grant under this 
section an entity described in subsection (c) shall submit an 
application to the Secretary in accordance with section 112 and shall 
include an assurance that such entity shall comply with the 
requirements of this Act.
    ``(f) Consolidation of Funds.--Each 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 entity described in 
        subsection (c) to participate in any activity offered by a 
        State or local entity under this title; or
            ``(2) to preclude or discourage any agreement, between any 
        entity described in subsection (c) and any State or local 
        entity, to facilitate the provision of services by such entity 
        or to the population served by such entity.
    ``(h) Hawaiian Programs.--From the funds reserved pursuant to 
section 101(a)(1)(A)(ii), the Secretary is directed, to enter into 
contracts with organizations primarily serving and representing 
Hawaiian natives 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 Hawaiian natives.''.

SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS.

    Part A of the Act is amended by adding at the end the following:

``SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL TECHNICAL 
              EDUCATION PROGRAMS

    ``(a) Grants Authorized.--The Secretary shall, subject to the 
availability of appropriations, make grants pursuant to this section to 
tribally controlled postsecondary vocational institutions to provide 
basic support for the education and training of Indian students.
    ``(b) Use of Grants.--Amounts made available under grants made 
pursuant to this section shall be used in accordance with the 
provisions of part B of title II of this Act.
    ``(c) Eligible Grant Recipients.--To be eligible for assistance 
under this section a tribally controlled postsecondary vocational 
institution shall--
            ``(1) be governed by a board of directors or trustees, a 
        majority of whom are Indians;
            ``(2) have been in operation for at least 3 years;
            ``(3) hold accreditation with or be a candidate for 
        accreditation by a nationally recognized accrediting authority 
        for postsecondary vocational-technical education; and
            ``(4) enroll the full-time equivalency of not less than 100 
        students, of whom a majority are Indians.
    ``(d) Applications.--Any tribally controlled postsecondary 
vocational 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) Other Programs.--
            ``(1) In general.--Except as specifically provided in this 
        Act, eligibility for assistance under this section shall not 
        preclude any tribally controlled postsecondary vocational 
        institution from receiving Federal financial assistance under 
        any program authorized under the Higher Education Act of 1965 
        or any other applicable program for the benefit of institutions 
        of higher education or vocational-technical education.
            ``(2) Prohibition on allocation of grant amount.--The 
        amount of any grant for which tribally controlled postsecondary 
        vocational institutions are eligible under this subpart shall 
        not be altered because of funds allocated to any such 
        institution from funds appropriated under the Act of November 
        2, 1921.
            ``(3) Prohibition on contract denial.--No tribally 
        controlled postsecondary vocational institution for which an 
        Indian tribe has designated a portion of the funds appropriated 
        for the tribe from funds appropriated under 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.
    ``(f) Definitions.--For the purposes of this section:
            ``(1) The terms ``Indian'' and ``Indian tribe'' have the 
        meaning given such terms in section 2 of the Tribally 
        Controlled Community College Assistance Act of 1978.
            ``(2) The term ``tribally controlled postsecondary 
        vocational institution'' means an institution of higher 
        education which is formally controlled, or has been formally 
        sanctioned or chartered by the governing body of an Indian 
        tribe or tribes which offers technical degrees or certificate 
        granting programs.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated not more than $4,000,000 to carry out the provisions of 
this section.''.

        Part B--State Organization and Planning Responsibilities

SEC. 111. STATE ADMINISTRATION.

    Section 111 of this Act is amended--
            (1) in subsection (a)(1)(A) by striking ``pursuant to 
        section 113(b)(8), section 116, and section 117'';
            (2) in subsection (a)(1)(B) by striking ``State council of 
        vocational education'' and inserting ``Governor'', striking 
        ``113'' and inserting ``112'', and by striking ``114'' and 
        inserting ``113'';
            (3) by striking ``consultation with'' and all that follows 
        through the semicolon at the end of subsection (a)(1)(C) and 
        inserting ``consultation with other appropriate agencies''; and
            (4) by striking subsections (b), (c), (d), (e), (f), and 
        (g) and inserting the following:
    ``(b) List of Programs Assisted.--The State Board shall make 
available to each Private Industry Council established under section 
102 of the Job Training Partnership Act within the State a listing of 
all programs assisted under this Act.''.

SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION.

    Section 112 of the Act is repealed.

SEC. 113. STATE APPLICATION.

    Section 113 of the Act is amended--
            (1) by redesignating such section as section 112;
            (2) by striking ``plan'' in the section heading and 
        inserting ``application'';
            (3) by striking all after ``Secretary'' in subsection 
        (a)(1)(A) and inserting ``an application in such manner and 
        accompanied by such information as the Secretary may require 
        but which, at a minimum, includes a State plan for a 5-year 
        period.'';
            (4) in subsection (a)--
                    (A) by striking paragraph (2) and inserting in lieu 
                thereof the following:
            ``(2) The State board 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 an opportunity to present their views 
        and make recommendations regarding the State plan. A summary of 
such recommendations and the State board's response shall be included 
with the State plan.''.
                    (B) by striking paragraph (3); and
            (5) by striking subsections (b) and (c) and inserting in 
        lieu thereof the following:
    ``(b) Contents.--Each State application shall--
            ``(1) describe the vocational-technical education programs 
        that will be carried out with funds received by the State under 
        this Act, including a description of--
                    ``(A) the programs to be carried out at the State 
                level pursuant to section 201, including activities 
                that will be carried out by the State to develop, 
                improve, and expand access to quality, state-of-the-art 
                technology in vocational-technical education programs;
                    ``(B) the criteria that will be used by the State 
                in approving applications of eligible recipients of 
                funds under this Act; and
                    ``(C) how such programs will prepare vocational-
                technical education students for opportunities in 
                postsecondary education or entry into high skill, high 
                wage jobs;
            ``(2) describe how the State will promote the active 
        involvement of parents, teachers, local businesses (including 
        small- and medium-sized businesses) and representatives of 
        employees in the planning, development, and implementation of 
        such vocational-technical education programs;
            ``(3) describe how funds received by the State through the 
        allotment made under section 102 will be allocated among 
        secondary school vocational-technical education, or 
        postsecondary and adult vocational-technical education, or 
        both;
            ``(4) describe how the State will--
                    ``(A) improve the academic and technical skills of 
                students participating in vocational-technical 
                education programs which includes strengthening the 
                academic component of vocational-technical education 
                programs through the integration of academics with 
                vocational-technical education to ensure learning in 
                the core academic subjects; and
                    ``(B) ensure that students who participate in such 
                vocational-technical education programs are taught to 
                the same challenging academic proficiencies as are 
                provided for all other students;
            ``(5) describe how the State will annually evaluate the 
        effectiveness of such vocational-technical education programs 
        and describe how the State is coordinating such programs to 
        ensure nonduplication with other existing Federal programs;
            ``(6) identify the benchmarks that the State will use to 
        measure the progress of the State, including a description of 
        how such benchmarks will ensure continuous improvement for 
        vocational-technical students in meeting such benchmarks;
            ``(7) describe how the State will--
                    ``(A) provide vocational-technical education 
                programs for members of special populations, displaced 
                homemakers, single parents, and single pregnant women; 
                and
                    ``(B) ensure that members of special populations 
                meet State benchmarks established under section 114 and 
                are prepared for postsecondary education, further 
                learning, and high-skill, high-wage careers;
            ``(8) provide a financial audit of funds received under 
        this Act; and
            ``(9) provide assurances that none of the funds expended 
        under this Act 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 or its 
        employees or any affiliate of such an organization.
    ``(c) Amendments.--The State Board may submit amendments to the 
State plan, as necessary, during the 5-year period of the plan.''.

SEC. 114. SUBMISSION OF STATE APPLICATION.

    Section 114 of the Act is amended--
            (1) by redesignating such section as section 113;
            (2) By striking ``approval'' in the section heading and 
        inserting ``submission of before ``State'';
            (3) by striking subsections (a) and (b); and
            (4) by inserting the following:
    ``(a) Each State application shall be submitted to the Secretary by 
not later than May 1 preceding the beginning of the first fiscal year 
for which a State plan is to be in effect.
    ``(b) Plan Submission.--A State plan submitted to the Secretary 
under this section shall be approved by the Secretary unless the 
Secretary makes a written determination, within 90 days after receiving 
the plan, that the plan is in violation of the provisions of this 
Act.''.

SEC. 115. ACCOUNTABILITY.

    The following new section shall be inserted after section 113, as 
redesignated:

``SEC. 114. ACCOUNTABILITY.

    ``(a) Benchmarks.--To be eligible to receive an allotment under 
section 102, a State shall develop and identify in the State 
application submitted under section 112 proposed quantifiable 
benchmarks to measure the statewide progress of the State, which shall 
include, at a minimum, measures, of--
            ``(1) attainment of challenging State academic 
        proficiencies;
            ``(2) attainment of secondary school diplomas or general 
        equivalency diplomas; and
            ``(3) placement in, retention, and completion of 
        postsecondary education or advanced training, or placement and 
        retention in military service, employment, or qualified 
        apprenticeships.
    ``(b) Program Improvement and Sanctions.--
            ``(1) State improvement plan.--If a State fails to meet its 
        State benchmarks as described in the report submitted under 
        subsection (d), the State shall develop a program improvement 
        plan for the succeeding program year in order to avoid a 
        sanction as provided under paragraph (2).
            ``(2) Sanctions.--
                    ``(A) In general.--If a State fails to meet the 
                State benchmarks required under subsection (a), the 
                Secretary may reduce, after notice and opportunity for 
                a hearing, or withhold from the State all, or a portion 
                of, the State's allotment under this Act, except due to 
                exceptional or uncontrollable circumstances such as a 
                natural disaster or a precipitous and unforeseen 
                decline in the financial resources of the State.
                    ``(B) Funds resulting from reduced allotments.--The 
                amount of funds retained as a result of a reduction in 
                an allotment made under paragraph (1) shall be 
                redistributed to other States in accordance with 
                section 101.
    ``(c) Report.--
            ``(1) In general.--
                    ``(A) Information.--Each State that receives an 
                allotment under section 102 shall annually prepare and 
                submit to the Secretary a report on how the State is 
                performing on State benchmarks that relate to 
                vocational-technical education programs. In preparing 
                the report, the State may include information on such 
                additional vocational-technical education benchmarks as 
                the State may establish.
                    ``(B) Special populations.--The report submitted by 
                the State in accordance with subsection (d)(1)(A) shall 
                include a description of how special populations 
                participating in vocational-technical education 
                programs have met the vocational-technical education 
                benchmarks established by the State.
            ``(2) Information dissemination.--The Secretary shall make 
        the information contained in such reports available to the 
        general public through publication and other appropriate 
        methods which may include electronic communication.''.

SEC. 116. PROGRAM EVALUATION.

    Sections 115, 116, 117, and 118 of the Act are repealed.

    TITLE II--BASIC STATE GRANTS FOR VOCATIONAL-TECHNICAL EDUCATION

SEC. 201. STATE PROGRAMS.

    Section 201 of the Act is amended--
            (1) in subsection (a), by striking ``102(a)(3)'' and 
        inserting ``102(a)(2)'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Required Uses of Funds.--The programs described in subsection 
(a) shall include--
            ``(1) an assessment of the vocational-technical education 
        programs authorized under this Act which includes how the needs 
        of special populations are being met;
            ``(2) improving or expanding the use of technology in 
        vocational-technical instruction, including the training of 
        vocational-technical personnel to use state-of-the-art 
        technology, which may include distance learning;
            ``(3) professional development programs including--
                    ``(A) inservice and preservice training in state-
                of-the-art vocational-technical education programs and 
                techniques; and
                    ``(B) support of education programs for teachers of 
                vocational-technical education in public schools to 
                ensure such teachers stay current with the needs, 
                expectations, and methods of industry;
            ``(4) support for vocational-technical education programs 
        that improve the academic and technical skills of students 
        participating in vocational-technical education programs by 
        strengthening the academic component of such vocational-
        technical education programs through the integration of 
        academics with vocational-technical education to ensure 
        learning in the core academic subjects;''.
            (3) by amending subsection (c) to read as follows:
    ``(c) Permissible Uses of Funds.--The programs under subsection (a) 
may include--
            ``(1) technical support for eligible recipients;
            ``(2) support for tech-prep programs;
            ``(3) support for programs for single parents, displaced 
        homemakers, single pregnant women, and individuals in 
        nontraditional occupations;
            ``(4) support for cooperative education;
            ``(5) support for vocational student organizations;
            ``(6) support for charter schools operating vocational-
        technical education programs;
            ``(7) support for vocational-technical education programs 
        that offer experience in, and understanding of, all aspects of 
        the industry for which students are preparing to enter; and
            ``(8) support for family and consumer sciences programs.''; 
        and
            (4) by adding after subsection (c) the following new 
        subsection:
    ``(d) Restriction on Uses of Funds.--A State that receives funds 
under section 102(a)(2) may not use any of such funds to pay 
administrative costs.''.

SEC. 202. SECONDARY, POSTSECONDARY, AND ADULT VOCATION-TECHNICAL 
              EDUCATION PROGRAMS.

    Part B of title II of the Act is amended to read as follows:

  ``PART B--SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL-TECHNICAL 
                           EDUCATION PROGRAMS

                  ``Subpart 1--Within-State Allocation

``SEC. 221. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.

    ``(a) General Rule.--Except as otherwise provided in this section 
and section 223, each State shall distribute the funds available in 
fiscal year 1998 for secondary school vocational-technical education to 
local educational agencies within the State as follows:
            ``(1) From 70 percent of such funds, 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 or such 
        section's predecessor authority of the Elementary and Secondary 
        Education Act of 1965 in the preceding fiscal year bears to the 
        total amount received under such section by local educational 
        agencies in the State in such year.
            ``(2) From 20 percent of such funds, each local educational 
        agency shall be allocated an amount that bears the same 
        relationship to such 20 percent as the number of students with 
        handicaps who have individualized education programs under 
        section 614(a)(5) of the Individuals with Disabilities 
        Education Act served by such local educational agency in the 
        preceding fiscal year bears to the total number of such 
        students served by local educational agencies in the State in 
        such year.
            ``(3) From 10 percent of such funds, 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 in 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 in 
        such year.
    ``(b) Allocation for Subsequent Fiscal Years.--
            ``(1) General rule.--Subject to paragraph (2), in fiscal 
        year 1999, and the succeeding 3 fiscal years, each State shall 
        distribute the funds available in any such fiscal year for 
        secondary school vocational-technical education programs to 
        local educational agencies within the State as follows:
                    ``(A) 50 percent shall be allocated to such 
                agencies in proportion to the number of individuals 
                aged 15 to 19, inclusive, who reside in the school 
                district served by such 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 
                year; and
                    ``(B) 50 percent shall be allocated to such 
                agencies in proportion to the number of individuals 
                aged 15 through 19, inclusive, who reside in the school 
                district served by such 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 in all the 
                local educational agencies in the State.
            ``(2) Eligibility requirements for certain funds.--To be 
        eligible to receive 50 percent of the funds allocated under 
        paragraph (1), a local educational agency must demonstrate, to 
        the satisfaction of the State Board, that the dropout rate for 
        such agency is equal to or less than the average dropout rate 
        for the State or be able to show, to the satisfaction of the 
        State Board, continuous improvement in decreasing such rate.
            ``(3) Reallocation.--In any fiscal year in which a local 
        educational agency does not meet the requirements of paragraph 
        (2), the State shall reallocate such undistributed amounts to 
        local educational agencies that meet the requirements of such 
        paragraph in accordance with paragraph (1).
    ``(c) Waiver For More Equitable Distribution.--The Secretary may 
waive the application of subsection (a) in the case of any State that 
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 local 
        educational agencies within the State that have the greatest 
        economic need and that an alternative formula would result in 
        such a distribution; and
            ``(2) includes a proposal for such an alternative formula.
    ``(d) Minimum Grant Amount.--
            ``(1) In general.--Except as provided in paragraphs (2), no 
        local educational agency shall be eligible for a grant under 
        this part unless the amount allocated to such agency under 
        subsection (a) is not less than $7,500. 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 State 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 charter school; and
                    ``(B) demonstrates that the agency is unable to 
                enter into a consortium for purposes of providing 
                services under this part.
            ``(3) Redistribution.--Any amounts which 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 
        (b), no State receiving assistance under this Act 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) Secondary school jurisdiction.--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 were enrolled 
        in such secondary schools in the previous year from the 
        elementary schools involved.
    ``(f) Allocations to Area Vocational-Technical Education Schools 
and Educational Service Agencies.--
            ``(1) In general.--Each State shall distribute funds 
        available for secondary school vocational-technical education 
        programs to the appropriate area vocational-technical education 
        school or educational service agency in any case in which the 
        area vocational-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-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-technical education school, 
        the educational service agency, and the local educational 
        agency based on each school's or entity's relative share of 
        students who are attending vocational-technical education 
        programs (based, if practicable, on the average enrollment for 
        the prior 3 years).
            ``(3) Appeals procedure.--The State Board shall establish 
        an appeals procedure for resolution of any dispute arising 
        between a local educational agency and an area vocational-
        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) Any local educational agency receiving an allocation 
        that is not sufficient to conduct a program which meets the 
        requirements of section 225 is encouraged to--
                    ``(A) form a consortium or enter into a cooperative 
                agreement with an area vocational-technical education 
                school or educational service agency offering programs 
                that meet the requirements of section 225; and
                    ``(B) transfer such allocation to the area 
                vocational-technical education school or educational 
                service agency.
            ``(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. Such funds may not be 
        reallocated to individual members of the consortium.
    ``(h) Data.--The Secretary of Education shall collect information 
from States regarding how funds made available by the State for 
vocational-technical education programs under subsection (a)(3) are 
distributed to local educational agencies in accordance with this 
section.

``SEC. 222. DISTRIBUTION OF FUNDS FOR POSTSECONDARY AND ADULT 
              VOCATIONAL-TECHNICAL EDUCATION PROGRAMS.

    ``(a) Allocation.--
            ``(1) In general.--Except as provided in subsection (b) and 
        section 223, each State shall distribute funds available in any 
        fiscal year for postsecondary and adult vocational-technical 
        education programs to eligible institutions or consortia of 
        eligible institutions within the State.
            ``(2) Formula.--Each eligible institution or consortium of 
        eligible institutions shall receive an amount that bears the 
        same relationship to the amount of funds available under such 
        section as the number of individuals who are Pell Grant 
        recipients or recipients of assistance from the Bureau of 
        Indian Affairs and are enrolled in programs meeting the 
        requirements of section 225 offered by such institution or 
        consortium in the preceding fiscal year bears to 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 as 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. Such funds may not be reallocated to 
                individual members of the consortium for purposes or 
                programs benefiting only one member of the consortium.
    ``(b) Waiver for More Equitable Distribution.--The Secretary of 
Education may waive the application of subsection (a) in the case of 
any State that submits to the Secretary of Education an application for 
such a waiver that--
            ``(1) demonstrates that an alternative formula will result 
        in a greater distribution of funds to the eligible institutions 
        or consortia of eligible institutions within the State that 
        serve the areas of greatest economic need than the formula 
        described in subsection (a)(2); and
            ``(2) includes a proposal for such an alternative formula.
    ``(c) Minimum Grant Amount.--
            ``(1) In general.--No funds provided to any institution or 
        consortium under this section shall be for an amount that is 
        less than $20,000.
            ``(2) Redistribution.--Any amounts that are not distributed 
        by reason of paragraph (1) shall be redistributed to eligible 
        institutions or consortia of eligible institutions in 
        accordance with the provisions of this section.
    ``(d) Administrative Costs.--For the purposes of this section--
            ``(1) the term `eligible institution' means an institution 
        of higher education, a local educational agency serving adults, 
        or an area vocational education school serving adults that 
        offers or will offer a program that meets the requirements of 
        section 225 and seeks to receive assistance under this part;
            ``(2) the term `institution of higher education', 
        notwithstanding section 427(b)(2) of the Higher Education 
        Amendments of 1992, has the meaning given that term in section 
        435(b) of the Higher Education Act of 1965 as such section was 
        in effect on July 22, 1992; and
            ``(3) the term `Pell Grant' means a recipient of financial 
        aid under subpart 1 of part A of title IV of the Higher 
        Education Act of 1965.

``SEC. 223. SPECIAL RULES FOR VOCATIONAL-TECHNICAL EDUCATION.

    ``(a) Special Rule for Minimal Allocation.--
            ``(1) General authority.--Notwithstanding the provisions of 
        section 221 or 222 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 a State for distribution 
        under section 221 or 222 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 this part.
    ``(b) Redistribution.--
            ``(1) In general.--In any academic year that a local 
        educational agency or eligible institution does not expend all 
        of the amounts it is allocated for such year under section 221 
        or 222, such recipient shall return any unexpended amounts to 
        the State to be reallocated under section 221 or 222, as 
        appropriate.
            ``(2) Redistribution of amounts returned late in an 
        academic year.--In any academic year in which amounts are 
        returned to the State under section 221 or 222 and the State is 
        unable to reallocate such amounts according to such sections in 
        time for such amounts to be expended in such academic year, the 
        State shall retain such amounts for distribution in combination 
        with amounts provided under this title for the following 
        academic year.
    ``(c)(1) Construction.--Nothing in section 221 or 222 shall be 
construed--
            ``(A) to prohibit a local educational agency (or a 
        consortium thereof) that receives assistance under section 221, 
        from working with an eligible recipient (or consortium thereof) 
        that receives assistance under section 222, to carry out 
        secondary school vocational-technical education programs in 
        accordance with this title;
            ``(B) to prohibit an eligible recipient (or consortium 
        thereof) that receives assistance under section 222, from 
        working with a local educational agency (or consortium thereof) 
        that receives assistance under section 221, to carry out 
        postsecondary and adult vocational-technical education programs 
        in accordance with this title; or
            ``(C) to require a charter school that is a local 
        educational agency to jointly establish its eligibility unless 
        the charter school is explicitly permitted to do so under the 
        State's charter school statute.
For purposes of this section, the State Board shall provide funds to 
charter schools that are public schools of the local educational agency 
in the same manner as it provides those funds to other schools in the 
local educational agency. Such program within charter schools shall be 
of sufficient size, scope, and quality as to be effective.

``SEC. 224. LOCAL APPLICATION FOR VOCATIONAL-TECHNICAL EDUCATION 
              PROGRAMS.

    ``(a) Application required.--Any eligible recipient desiring 
financial assistance under this part shall, according to requirements 
established by the State Board, submit an application to the State 
Board. Such application shall cover the same period of time as the 
period of time applicable to the State plan submitted under section 
112.
    ``(b) Contents.--The State Board shall determine requirements for 
local applications, except that each application shall--
            ``(1) describe how the vocational-technical education 
        programs required under section 225 will be carried out with 
        funds received under this subtitle;
            ``(2) describe how the vocational-technical education 
        programs to be carried out relate to reaching the State 
        benchmarks, concerning vocational-technical education programs 
        if such State benchmarks exist;
            ``(3) describe how the eligible recipient will--
                    ``(A) improve the academic and technical skills of 
                students participating in vocational-technical 
                education programs by strengthening the academic 
                component of such programs through the integration of 
                academics with vocational-technical education programs 
                through a coherent sequence of courses to ensure 
                learning in the core academic subjects; and
                    ``(B) ensure that students who participate in such 
                vocational-technical education programs are taught to 
                the same challenging academic proficiencies as are 
                provided for all other students; and
            ``(4) describe how parents, teachers, business and 
        representatives of employees are involved in the development 
        and implementation of vocational-technical education programs 
        assisted under this Act.

``SEC. 225. LOCAL USES OF FUNDS.

    ``(a) General Authority.--Each eligible recipient that receives a 
grant under this part shall use such funds to improve vocational-
technical education programs.
    ``(b) Requirements for Uses of Funds.--Funds made available under a 
grant under this part shall be used to provide vocational-technical 
education programs that--
            ``(1) are of such size, scope, and quality as to be 
        effective;
            ``(2) strengthen the academic and technical skills of 
        students participating in vocational-technical education 
        programs by strengthening the academic component of such 
        programs through the integration of academics with vocational-
        technical education programs through a coherent sequence of 
        courses to ensure learning in the core academic subjects;
            ``(3) improve or expand the use of technology in 
        vocational-technical instruction, including the training of 
        vocational-technical instructors to use state-of-the-art 
        technology, which may include distance learning; and
            ``(4) professional development programs including--
                    ``(A) inservice and preservice training in state-
                of-the-art vocational-technical education programs and 
                techniques; and
                    ``(B) support of education programs for teachers of 
                vocational-technical education in public schools to 
                ensure such teachers stay current with the needs, 
                expectations, and methods of industry;
    ``(c) Permissible Activities.--The programs and activities 
described in subsection (b) may be used for programs such as--
            ``(1) establish agreements between secondary and 
        postsecondary vocational-technical education programs in order 
        to provide postsecondary education and training opportunities 
        for students participating in such vocational-technical 
        programs, such as tech-prep programs;
            ``(2) involve parents, business, and representatives of 
        employees in the design and implementation of vocational-
        technical education programs authorized under this Act.
            ``(3) providing career guidance and counseling;
            ``(4) cooperative education or apprenticeship programs;
            ``(5) programs for single parents, displaced homemakers, 
        and single pregnant women;
            ``(6) local education and business partnerships; and
            ``(7) vocational student organizations.
    ``(d) Administrative Costs.--Each eligible recipient receiving 
funds under this part shall not use more than 2 percent of the funds 
for administrative costs associated with the administration of the 
grant.''.

SEC. 203. REPEAL OF PART C.

    Part C of title II is repealed.

                  TITLE III--RESEARCH AND DEVELOPMENT

SEC. 301. EVALUATION; RESEARCH, DEMONSTRATIONS AND DISSEMINATION.

    Title III of the Act is amended to read as follows:

                   ``PART A--RESEARCH AND DEVELOPMENT

``SEC. 301. EVALUATION; RESEARCH; DEMONSTRATIONS; AND DISSEMINATION.

    ``(a) Single Plan.--
            ``(1) In general.--The Secretary shall develop a single 
        plan for evaluation and assessment, research, demonstrations, 
        and dissemination with regard to the vocational-technical 
        education programs assisted under this Act.
            ``(2) Plan.--Such plan shall--
                    ``(A) identify the vocational-technical education 
                programs the Secretary will carry out under this 
                section;
                    ``(B) describe how the Secretary will evaluate such 
                vocational-technical education programs in accordance 
                with subsection (b); and
                    ``(C) include such other information as the 
                Secretary determines to be appropriate.
    ``(b) Evaluation and Assessment.--
            ``(1) In general.--From amounts made available under 
        paragraph (3), the Secretary shall provide for the conduct of 
        an independent evaluation and assessment of vocational-
        technical education programs through studies and analyses 
        conducted independently through grants and contracts awarded on 
        a competitive basis.
            ``(2) Contents.--Such evaluation and assessment of 
        vocational-technical education programs shall include 
        descriptions of--
                    ``(A) the extent to which State, local, and tribal 
                entities have developed, implemented, or improved State 
                and local vocational-technical education programs;
                    ``(B) the degree to which the expenditures at the 
                Federal, State, local, and tribal levels address 
                improvement in vocational-technical education programs;
                    ``(C) the extent to which vocational-technical 
                education programs succeed in preparing individuals 
                participating in such programs for entry into 
                postsecondary education, further learning, or high-
                skill, high-wage careers; and
                    ``(D) the effect of benchmarks, performance 
                measures, and other measures of accountability on the 
                delivery of vocational-technical education programs.
            ``(3) Authorization.--There are authorized to be 
        appropriated $5,000,000 for fiscal year 1998 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years to 
        carry out this subsection.
    ``(c) Research.--
            ``(1) In general.--The Secretary shall award grants, on a 
        competitive basis, to an institution of higher education, a 
        public or private organization or agency, or a consortium of 
        such institutions, organizations, or agencies to establish a 
        national research center or centers--
                    ``(A) 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-technical education 
                programs;
                    ``(B) to carry out research to increase the 
                effectiveness and improve the implementation of 
                vocational-technical education programs, including 
                conducting research and development and studies 
                providing longitudinal information or formative 
                evaluation with respect to vocational-technical 
                education programs;
                    ``(C) to carry out such other programs as the 
                Secretary determines to be appropriate to achieve the 
                purposes of this Act.
            ``(2) Summary.--The Secretary shall provide an annual 
        report summarizing the evaluations and assessments described in 
        subsection (b), and the research conducted pursuant to this 
        subsection, and the findings of such evaluations and 
        assessments, and research, to the Committee on Education and 
        the Workforce of the House of Representatives and the Committee 
        on Labor and Human Resources of the Senate.
            ``(3) Authorization.--There are authorized to be 
        appropriated $5,000,000 for fiscal year 1998 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years to 
        carry out this subsection.
    ``(d) Demonstrations and Dissemination.--
            ``(1) Authority.--
                    ``(A) The Secretary is authorized to carry out 
                demonstration vocational-technical education programs, 
                to replicate model vocational-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 the vocational-technical education 
                programs assisted under this Act.
                    ``(B) Programs.--
                            ``(i) The Secretary shall carry out a 
                        demonstration partnership project involving 
                        Napa Valley Community Resource Center, local 
                        public educational organizations, volunteer 
                        groups, and private sector business 
                        participants to provide program support, 
                        facilities, training, retraining, education, 
                        tutoring, counseling, employment preparation, 
                        distance learning, and specific skills training 
                        in emerging and established professions to 
                        individuals who otherwise would not have access 
                        to such services.
                            ``(ii) Such programs may be carried out 
                        directly or through grants, contracts, 
                        cooperative agreements, or through the national 
                        center or centers.
            ``(4) Authorization.--There are authorized to be 
        appropriated $5,000,000 for fiscal year 1998 and such sums as 
        may be necessary for each of the 4 succeeding fiscal years to 
        carry out this subsection.
    ``(f) Definition.--As used in this section, the term `institution 
of higher education' has the meaning given the term in section 1201(a) 
of the Higher Education Act of 1965 (20 U.S.C.1141(a)).''.

SEC. 302. REPEALS.

    Parts B, D, E, and F of title IV of the Act are repealed.

SEC. 303. VOCATIONAL-TECHNICAL EDUCATION AND OCCUPATIONAL INFORMATION 
              DATA SYSTEMS.

    Part C of title IV is amended by redesignating sections 421 through 
424 as sections 311 through 314, respectively.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    Part C of title IV is amended by adding at the end the following:

``SEC. 315. AUTHORIZATION OF APPROPRIATIONS

    ``There are authorized to be appropriated for this part such sums 
as may be necessary for fiscal year 1998 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.''.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. GENERAL PROVISIONS.

    Title V of the Act is amended to read as follows:

                     ``TITLE V--GENERAL PROVISIONS

              ``PART A--FEDERAL ADMINISTRATIVE PROVISIONS

``SEC. 401. PAYMENTS.

    ``The Secretary shall pay from its allotment under section 101 to 
each State for any fiscal year for which the State has a State 
application submitted in accordance with section 113 (including any 
amendment to such application) the Federal share of the costs of 
carrying out the State plan.

``SEC. 402. FISCAL REQUIREMENTS.

    ``(a) Supplement Not Supplant.--Funds made available under this Act 
for vocational-technical education programs shall supplement, not 
supplant, other public funds expended to carry out programs described 
under sections 201 and 225.
    ``(b) Maintenance of Effort.--
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no payments shall be made 
                under this title for any program year to a State for 
                vocational-technical education programs unless the 
                Secretary of Education determines that the fiscal 
                effort per student or the aggregate expenditures of 
                such State for programs described in sections 201 and 
                225 for the program year preceding the program year for 
                which the determination is made, equaled or exceeded 
                such effort or expenditures for programs described in 
                sections 201 and 225, for the second program 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 of Education shall exclude capital 
                expenditures, special one-time project costs, similar 
                windfalls, and the cost of pilot programs.
                    ``(C) Decrease in federal support.--If the amount 
                made available for vocational-technical education 
                programs under this Act for a fiscal year is less than 
                the amount made available for vocational-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 of Education may waive the 
        requirements of paragraph (1) (with respect to not more than 5 
        percent of expenditures required for the preceding fiscal year 
        by any State) for 1 program year only, after making a 
        determination that such waiver would be equitable due to 
        exceptional or uncontrollable circumstances affecting the 
        ability of the State 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 paragraph 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. 403. 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 appropriation Acts.

``SEC. 404. NATIONAL AND STATE FUNDING.

    ``Nothing in this Act shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of any 
private, religious, or home school, whether or not a home school is 
treated as a private school or home school under State law. This 
section shall not be construed to bar private, religious, or home 
schools from participation in programs or services under the Act.

``SEC. 405. FREEDOM TO CHOOSE.

    ``None of the funds made available under this Act shall be used 
to--
            ``(1) require any individual to choose or pursue a specific 
        career path or major;
            ``(2) compel any individual to enter into a specific course 
        of study which requires as a condition or completion, 
        attainment of federally-funded or endorsed industry recognized 
        skills or standards; or
            ``(3) require any individuals to meet or obtain federally-
        funded or endorsed industry recognized skills, certificates, or 
        standards.

``SEC. 406. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.

    ``Nothing in this Act shall be construed to be inconsistent with 
appropriate Federal laws guaranteeing civil rights.

``SEC. 407. AUTHORIZATION OF SECRETARY.

    ``For the purposes of increasing and expanding the use of 
technology in vocational-technical education instruction, including the 
training of vocational-technical education personnel as provided in 
title II, the Secretary of Education is authorized to receive 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.

               ``PART B--STATE ADMINISTRATIVE PROVISIONS

``SEC. 411. JOINT FUNDING.

    ``(a) General Authority.--Funds made available to States 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 would be used to supplement, and not 
        supplant, funds provided from non-Federal sources.
    ``(b) Applicable Programs.--For the purposes of this section, the 
term `applicable program' means any program under any of the following 
provisions of law:
            ``(1) Section 123, title II, and title III of the Job 
        Training Partnership Act.
            ``(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 the use of funds 
as matching funds.

``SEC. 412. 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 would 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. 413. STATE ADMINISTRATIVE COSTS.

    ``For each fiscal year for which a State receives assistance under 
this Act, the State shall provide from non-Federal sources for costs 
the State incurs for administration of programs under this Act an 
amount that is not less than the amount provided by the State from non-
Federal sources for such costs for the preceding fiscal year.

``SEC. 414. 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. 415. REPEAL OF SMITH-HUGHES VOCATIONAL EDUCATION ACT.

    ``The Act of February 23, 1917 (39 Stat. 929; 20 U.S.C. 11) 
(commonly known as the `Smith-Hughes Vocational Education Act') is 
repealed.

``SEC. 416. EFFECTIVE DATE.

    ``Except as otherwise provided, the repeals and amendments made by 
this Act shall take effect on the date of the enactment of the Carl D. 
Perkins Vocational-Technical Education Act Amendments of 1997.

                         ``PART C--DEFINITIONS

``SEC. 421. DEFINITIONS.

    ``Except as otherwise specified in this Act, as used in this Act:
            ``(1) Administration.--The term `administration' means 
        programs of a State necessary for the proper and efficient 
        performance of its duties under this Act, including 
        supervision, but does not include curriculum development 
        programs, personnel development, or research programs.
            ``(2) All aspects of the industry.--The term `all aspects 
        of the industry' means strong experience in, and comprehensive 
        understanding of, the industry that individuals are preparing 
        to enter.
            ``(3) Apprenticeship training program.--The term 
        `apprenticeship training program' means a program which is 
        conducted or sponsored by an employer or a group of employers 
        which contains all terms and conditions for the qualification, 
        recruitment, selection, employment, and training of 
        apprentices.
            ``(4) Area vocational-technical education school.--The term 
        `area vocational-technical education school' means--
                    ``(A) a specialized secondary school used 
                exclusively or principally for the provision of 
                vocational-technical education to individuals who are 
                available for study in preparation for entering the 
                labor market;
                    ``(B) the department of a secondary school 
                exclusively or principally used for providing 
                vocational-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 technical institute or vocational-technical 
                education school used exclusively or principally for 
                the provision of vocational-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 institute 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 a junior 
                college, or community college, that operates under the 
                policies of the State Board and that provides 
                vocational-technical education in not fewer than 5 
                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.
            ``(5) 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 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.
            ``(6) Displaced homemaker.--The term `displaced homemaker' 
        means an individual who--
                    ``(A) has attained 16 years of age; and
                    ``(B)(i) has worked primarily without remuneration 
                to care for a home and family, and for that reason has 
                diminished marketable skills; or
                    ``(ii) is a parent whose youngest dependent child 
                will become ineligible to receive assistance under the 
                program for aid to families with dependent children 
                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.
            ``(7) Educational service agency.--The term `educational 
        service agency' means a regional public multiservice agency 
        authorized by State statute to develop and manage a service or 
        program and provide the service or program to a local 
        educational agency.
            ``(8) Eligible recipient.--The term `eligible recipient' 
        means a local educational agency, an area vocational-technical 
        education school, an educational service agency, an institution 
        of higher education (as such term is defined in section 1201(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1141(a))), and a 
        consortium of such entities.
            ``(9) Local educational agency.--The term `local 
        educational agency' has the meaning given such term in section 
        14101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).
            ``(10) 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.
            ``(11) Representatives of employees.--For purposes of 
        section 122, the term `representatives of employees' means--
                    ``(A) individuals who have been elected by 
                organizations, associations, or a network of similar 
                institutions to represent the economic interests of 
                employees at a significant segment of workplaces 
                located in, or adjacent to, the local workforce 
                development area; or
                    ``(B) individuals from organizations, associations, 
                or a network of similar institutions, with expertise to 
                represent, or experience representing, the interests of 
                employees with respect to the job training priorities 
                in the local workforce development area.
            ``(12) 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).
            ``(13) Special populations.--The term ``special 
        populations'' includes individuals with disabilities, 
        economically disadvantaged individuals, individuals of limited 
        English proficiency, and individuals participating in 
        nontraditional training and employment.
            ``(14) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(15) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
            ``(16) 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-technical education through the integration 
                of academic and vocational-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 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.
            ``(17) Vocational-technical education.--The term 
        `vocational-technical education' means organized educational 
        programs that--
                    ``(A) offer a sequence of courses that provide 
                individuals with the academic knowledge and skills the 
                individuals need to prepare for further education and 
                careers 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, and 
                occupation-specific skills, of an individual.
            ``(18) Vocational student organization.--The term 
        `vocational student organization' means an organization, for 
        individuals enrolled in programs of vocational-technical 
        education programs, that engages in programs as an integral 
        part of the instructional component of such programs, which 
        organization may have State and national units.''.
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