[Congressional Record Volume 143, Number 95 (Tuesday, July 8, 1997)]
[Senate]
[Pages S6990-S7013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. MURKOWSKI (by request):
S. 991. A bill to make technical corrections to the Omnibus Parks and
Public Lands Management Act of 1996, and for other purposes; to the
Committee on Energy and Natural Resources.
the omnibus parks and public lands management act of 1996
Mr. MURKOWSKI. Mr. President, I rise today to introduce legislation,
at the request of the administration, to make technical corrections to
the Omnibus Parks and Public Lands Management Act of 1996.
Mr. President, I would like to submit a copy of the administration's
letter of transmittal along with a copy of the bill and section-by-
section analysis, and I ask unanimous consent that they be printed in
the Record.
At the end of the 104th Congress, legislation was enacted making a
number of changes to various laws affecting the national parks and
other public lands. This new law, Public Law 104-333, the Omnibus Parks
and Public Lands Management Act of 1996, included over 100 titles. With
over 119 individual bills being included in this package, a number of
cross-references need changing, along with some spelling and
grammatical errors.
Mr. President, this bill, when enacted will make the necessary
technical corrections.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 991
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
The table of contents in section 1 of division I of the
Omnibus Parks and Public Lands Management Act of 1996 (110
Stat. 4094; 16 U.S.C. 1 note; hereinafter referred to as the
``Omnibus Parks Act'') is amended by striking--
``Sec. 504. Amendment to Boston National Historic Park Act.
``Sec. 505. Women's Rights National Historic Park.''
and inserting--
``Sec. 504. Amendment to Boston National Historical Park Act.
``Sec. 505. Women's Rights National Historical Park.''.
SEC. 2. THE PRESIDIO OF SAN FRANCISCO.
(a) Section 101(2) of Division I of the Omnibus Parks Act
of 1996 (110 Stat. 4097; 16 U.S.C. 460bb note) is amended by
striking ``the Presidio is'' and inserting ``the Presidio
was''.
(b) Section 103(b)(1) of Division I of the Omnibus Parks
Act (110 Stat. 4099; 16 U.S.C. 460bb note) is amended in the
last sentence by striking ``other lands administrated by the
Secretary.'' and inserting ``other lands administered by the
Secretary.''.
(c) Section 105(a)(2) of Division I of the Omnibus Parks
Act (110 Stat. 4104; 16 U.S.C.
[[Page S6991]]
460bb note) is amended by striking ``in accordance with
section 104(h) of this title.'' and inserting ``in accordance
with section 104(i) of this title.''.
SEC. 3. COLONIAL NATIONAL HISTORICAL PARK.
Section 211(d) of Division I of the Omnibus Parks Act (110
Stat. 4109; 16 U.S.C. 81p) is amended by striking ``depicted
on the map dated August 1993, numbered 333/80031A,'' and
inserting ``depicted on the map dated August 1996, numbered
333/80031B,''.
SEC. 4. BIG THICKET NATIONAL PRESERVE.
(a) Section 306(d) of Division I of the Omnibus Parks Act
(110 Stat. 4132; 16 U.S.C. 689 note) is amended by striking
``until the earlier of the consummation of the exchange of
July 1, 1998,'' and inserting ``until the earlier of the
consummation of the exchange or July 1, 1998,''.
(b) Section 306(f)(2) of Division I of the Omnibus Parks
Act (110 Stat. 4132; 16 U.S.C. 689 note) is amended by
striking ``located in Menard Creek Corridor'' and inserting
``located in the Menard Creek Corridor''.
SEC. 5. LAMPREY WILD AND SCENIC RIVER.
The second sentence of the unnumbered paragraph relating to
the Lamprey River, New Hampshire in Section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking ``through cooperation agreements'' and inserting
``through cooperative agreements''.
SEC. 6. VANCOUVER NATIONAL HISTORIC RESERVE.
Section 502(a) of Division I of the Omnibus Parks Act (110
Stat. 4154; 16 U.S.C. 461 note) is amended by striking
``published by the Vancouver Historical Assessment' published
by the Vancouver Historical Study Commission'' and inserting
``published by the Vancouver Historical Study Commission''.
SEC. 7. AMENDMENT TO BOSTON NATIONAL HISTORICAL PARK ACT.
Section 504 of Division I of the Omnibus Parks Act (110
Stat. 4155, 16 U.S.C. 1 note) is amended by striking ``SEC.
504. AMENDMENT TO BOSTON NATIONAL HISTORIC PARK ACT.'' and
inserting ``SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORICAL
PARK ACT.''.
SEC. 8. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508(d) of Division I of the Omnibus Parks Act (110
Stat. 4157, 40 U.S.C. 1003 note) is amended by striking
``section 8(b) of the Act referred to in section 4401(b)),''
and inserting ``section 8(b) of the Act referred to in
section 508(b),''.
SEC. 9. ADVISORY COUNCIL ON HISTORIC PRESERVATION
REAUTHORIZATION.
The first sentence of Sec. 205(g) of Title II of the
National Historic Preservation Act (16 U.S.C. 470 et seq.) is
amended by striking ``and are otherwise available for the
purpose.'' and inserting ``and are otherwise available for
that purpose.''.
SEC. 10. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
Section 510(a)(1) of Division I of the Omnibus Parks Act
(110 Stat. 4158; 16 U.S.C. 461 note) is amended by striking
``the contribution of our national heritage'' and inserting
``the contribution to our national heritage''.
SEC. 11. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT.
(a) Section 511(c) of Division I of the Omnibus Parks Act
(110 Stat. 4160; 16 U.S.C. 410ddd) is amended as follows:
(1) in paragraph (1) by striking ``certain districts
structures, and relics'' and inserting ``certain districts,
structures, and relics.''
(2) in clause (2)(A)(i) by striking ``The area included
with the New Bedford National Historic Landmark District,
known as the'' and inserting ``The area included within the
New Bedford Historic District, a National Landmark District,
also known as the''.
(b) Section 511 of Division I of the Omnibus Parks Act (110
Stat. 4159; 16 U.S.C. 410ddd) is amended--
(1) by striking ``(e) General Management Plan.'' and
inserting ``(f) General Management Plan.''; and
(2) by striking ``(f) Authorization of Appropriations.''
and inserting ``(g) Authorization of Appropriations.''.
(c) Section 511(g) of Division I of the Omnibus Parks Act
(110 Stat. 4159; 16 U.S.C. 410ddd) is further amended--
(1) by striking ``to carry out the activities under section
3(D).'' and inserting ``to carry out the activities under
subsection (d).''; and
(2) by striking ``pursuant to cooperative grants under
subsection (d)(2).'' and inserting ``pursuant to cooperative
grants under subsection (e)(2).''.
SEC. 12. NICODEMUS NATIONAL HISTORIC SITE.
Section 512(a)(1)(B) of Division I of the Omnibus Parks Act
(110 Stat. 4163; 16 U.S.C. 461 note) is amended by striking
``Afican-Americans'' and inserting ``African-Americans''.
SEC. 13. UNALASKA.
Section 513(c) of Division I of the Omnibus Parks Act (110
Stat. 4165; 16 U.S.C. 461 note) is amended by striking
``whall be comprised'' and inserting ``shall be comprised''.
SEC. 14. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC
PRESERVATION STUDY.
Section 603(d)(2) of Division I of the Omnibus Parks Act
(110 Stat. 4172; 16 U.S.C. 1a-5 note) is amended by striking
``The study under subsection (b) shall--'' and inserting
``The study shall--''.
SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS.
(a) Section 606(d) of Division I of the Omnibus Parks Act
(110 Stat. 4175; 16 U.S.C. 461 note) is amended as follows:
(1) in paragraph (1) by striking ``established by section
5.'' and inserting ``established by subsection (e).'';
(2) in paragraph (2) by striking ``established by section
9.'' and inserting ``established by subsection (h).''; and
(3) in paragraph (e) by striking ``under section 6.'' and
inserting ``under subsection (f).''.
(b) Section 606(g)(5) of Division I of the Omnibus Parks
Act (110 Stat. 4177; 16 U.S.C. 461 note) is amended by
striking ``to carry out the Commission's duties under section
9.'' and inserting ``to carry out the Commission's duties
under subsection (i).''.
SEC. 16. WASHITA BATTLEFIELD.
Section 607(d)(2) of Division I of the Omnibus Parks Act
(110 Stat. 4181; 16 U.S.C. 461 note) is amended by striking
``will work with local land owners'' and inserting ``will
work with local landowners''.
SEC. 17. SKI AREA PERMIT RENTAL CHARGE.
Section 701 of Division I of the Omnibus Parks Act (110
Stat. 4182; 16 U.S.C. 497c) is amended as follows:
(1) in subsection (d)(1) and in subsection (d) last
paragraph, after ``1994-1995 base year,'' insert ``AGR'';
(2) in subsection (f) by striking ``sublessees'' and
inserting ``subpermittees''; and
(3) in subsection (f) by striking ``(except for bartered
goods and complimentary lift tickets)'' and inserting
``except for bartered goods and complimentary lift tickets
offered for commercial or other promotion purposes)''.
SEC. 18. ROBERT J. LAGOMARSINO VISITOR CENTER.
Section 809(b) of Division I of the Omnibus Parks Act (110
Stat. 4189; 16 U.S.C. 410ff note) is amended by striking
``referred to in section 301'' and inserting ``referred to in
subsection (a)''.
SEC. 19. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.
(a) Section 814(a) of Division I of the Omnibus Parks Act
(110 Stat. 4190; 16 U.S.C. 17o. note) is amended as follows:
(1) in paragraph (7) by striking ``(B) Competitive
Leasing.--'' and inserting ``(B) Competitive Leasing.--'';
(2) in paragraph (9) by striking ``granted by statue'' and
inserting ``granted by statute'';
(3) in paragraph (11)(B)(ii) by striking ``more cost
effective'' and inserting ``more cost-effective'';
(4) in paragraph (13) by striking ``established by the
agency under paragraph (13),'' and inserting ``established by
the agency under paragraph (12),''; and
(5) in paragraph (18) by striking ``under paragraph
(7)(A)(i)(I), any lease under paragraph (11)(B), and any
lease of seasonal quarters under subsection (l),'' and
inserting ``under paragraph (7)(A), and any lease under
paragraph (11),''.
(b) Section 7(c)(2) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 4601-9(c)) is amended as follows:
(1) in subparagraph (C) by striking ``The sum of the total
appraised value of the lands, water, and interest therein''
and inserting ``The sum of the total appraised value of the
lands, waters, and interests therein''; and
(2) in subparagraph (F) by striking ``all property owners
whose lands, water, or interests therein, or a portion of
whose lands, water, or interests therein,'' and inserting
``all property owners whose lands, waters, or interests
therein, or a portion of whose lands, waters, or interests
therein,''.
(c) Section 814(d)(2)(E) of Division I of the Omnibus Parks
Act (110 Stat. 4196; 16 U.S.C. 431 note) is amended by
striking ``(Public Law 89-665; 16 U.S.C. 470w-6(a)), is
amended by striking'' and inserting ``(Public Law 89-665; 16
U.S.C. 470w-6(a)), by striking''.
(d) Section 814(g)(1)(A) of Division I of the Omnibus Parks
Act (110 Stat. 4199; 16 U.S.C. 1f) is amended by striking
``(as defined in section 2(a) of the Act of August 8, 1953
(16 U.S.C. 1c(a))),'' and inserting ``(as defined in section
2(a) of the Act of August 8, 1953 (16 U.S.C. 1(c)(a)),''.
SEC. 20. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.
Section 10 of the Act entitled ``An Act to establish the
Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986
(Public Law 99-647; 16 U.S.C. 461 note), is amended as
follows:
(1) in subsection (b) by striking ``For fiscal years 1996,
1997 and 1998,'' and inserting ``For fiscal years 1998, 1999,
and 2000,''; and
(2) in subsection (d)(2) by striking ``may be made in the
approval plan'' and inserting ``may be made in the approved
plan''.
SEC. 21. TALLGRASS PRAIRIE NATIONAL PRESERVE.
(a) Section 1002(a)(4)(A) of Division I of the Omnibus
Parks Act (110 Stat. 4204; 16 U.S.S. 689u) is amended by
striking ``to purchase a portion of the ranch,'' and
inserting ``to acquire a portion of the ranch,''.
(b) Section 1004(b) of Division I of the Omnibus Parks Act
(110 Stat. 4205; 16 U.S.C. 689u-3) is amended by striking
``of June 3, 1994,'' and inserting ``on June 3, 1994,''.
(c) Section 1005(g)(3)(A) of Division I of the Omnibus
Parks (110 Stat. 4207; 16 U.S.C. 689u-3) is amended by
striking ``Maintaining and enhancing the tall grass prairie''
and inserting ``Maintaining and enhancing the tallgrass
prairie''.
SEC. 22. RECREATION LAKES.
(a) Section 1021(a) of Division I of the Omnibus Parks (110
Stat. 4210; 16 U.S.C. 4601-10e note) is amended by striking
``for recreational opportunities at federally-managed manmade
lakes'' and inserting ``for recreational opportunities at
federally managed manmade lakes''.
(b) Section 13 of the Land and Water Conservation Fund Act
of 1965 (Public Law 88-578, 78 Stat. 897) is amended as
follows:
[[Page S6992]]
(1) in subsection (b)(6) by striking ``the economics and
financing of recreation related infrastructure.'' and
inserting ``the economics and financing of recreation-related
infrastructure.'';
(2) in subsection (e) by striking ``The report shall review
the extent of water related recreation'' and inserting ``The
report shall review the extent of water-related recreation'';
and
(3) in subsection (e)(2) by striking ``at federally-managed
lakes'' and inserting ``at federally managed lakes''.
SEC. 23. BOSTON HARBOR ISLANDS RECREATION AREA.
(a) Section 1029(d)(6) of Division I of the Omnibus Parks
Act of 1996 (110 Stat. 4235; 16 U.S.C. 460kkk) is amended by
striking ``(6) Relationship of recreation area to boston-
logan international airport.'' and by inserting ``(6)
Relationship of recreation area to Boston-Logan International
Airport.''.
(b) Section 1029(e)(3)(B) of Division I of the Omnibus
Parks Act of 1996 (110 Stat. 4235; 16 U.S.C. 460kkk) is
amended by striking ``pursuant to subsections (b)(3), (4),
(5), (6), (7), (8), (9), and (10).'' and inserting ``pursuant
to subparagraphs (e)(2)(C), (D), (E), (F), (G), (H), (I), and
(J).''.
(c) Section 1029(f)(2)(A)(I) of Division I of the Omnibus
Parks Act (110 Stat. 4236; 16 U.S.C. 460kkk) is amended by
striking ``and a delineation of profit sector roles and
responsibilities.'' and inserting ``and a delineation of
private-sector roles and responsibilities.''.
(d) Section 1029(g)(1) of Division I of the Omnibus Parks
Act (110 Stat. 4238; 16 U.S.C. 460kkk) is amended by striking
``and revenue raising activities.'' and inserting ``and
revenue-raising activities.''.
SEC. 24. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3(b)(1) of the Act of October 8, 1988, entitled
``An Act to create a national park at Natchez, Mississippi''
(16 U.S.C. 410oo et seq.), is amended by striking ``and
visitors' center for Natchez National Historical Park.'' and
inserting ``and visitor center for Natchez National
Historical Park.''.
SEC. 25. REGULATION OF FISHING IN CERTAIN WATERS OF ALASKA.
Section 1035 of Division I of the Omnibus Parks Act (110
Stat. 4240; 16 U.S.C. 1 note) is amended by striking ``SEC.
1035. REGULATIONS OF FISHING IN CERTAIN WATERS OF ALASKA.''
and inserting ``SEC. 1035. REGULATION OF FISHING IN CERTAIN
WATERS OF ALASKA.''.
SEC. 26. NATIONAL COAL HERITAGE AREA.
(a) Section 104(4) of Division II of the Omnibus Parks Act
(110 Stat. 4244; 16 U.S.C. 461 note) is amended by striking
``that will further history preservation in the region.'' and
inserting ``that will further historic preservation in the
region.''.
(b) Section 105 of Division II of the Omnibus Parks Act
(110 Stat. 4244; 16 U.S.C. 461 note) is amended by striking
``The resources eligible for the assistance under paragraphs
(2) and (5) of section 104'' and inserting ``The resources
eligible for the assistance under paragraph (2) of section
104''.
(c) Section 106(a)(3) of Division II of the Omnibus Parks
Act (110 Stat. 4244; 16 U.S.C. 461 note) is amended by
striking ``or Secretary to administer any properties'' and
inserting ``or the Secretary to administer any properties''.
SEC. 27. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) Section 201(b)(4) of Division II of the Omnibus Parks
Act (110 Stat. 4245; 16 U.S.C. 461 note) is amended by
striking ``and associated sites associated with the Civil
War'' and insert ``and sites associated with the Civil War''.
(b) Section 207(a) of Division II of the Omnibus Parks Act
(110 Stat. 4248; 16 U.S.C. 461 note) is amended by striking
``as provide for by law or regulation.'' and inserting ``as
provided for by law or regulation.''.
SEC. 28. AUGUSTA CANAL NATIONAL HERITAGE AREA.
Section 301(1) of Division II of the Omnibus Parks Act (110
Stat. 4249; 16 U.S.C. 461 note) is amended by striking
``National Historic Register of Historic Places,'' and
inserting ``National Register of Historic Places,''.
SEC. 29. ESSEX NATIONAL HERITAGE AREA.
Section 501(8) of Division II of the Omnibus Parks Act (110
Stat. 4257; 16 U.S.C. 461 note) is amended by striking ``a
visitors' center'' and inserting ``a visitor center''.
SEC. 30. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.
(a) Section 805(b)(2) of Division II of the Omnibus Parks
Act (110 Stat. 4269; 16 U.S.C. 461 note) is amended by
striking ``One individuals,'' and inserting ``One
individual,''.
(b) Section 808(a)(3)(A) of Division II of the Omnibus
Parks Act (110 Stat. 4272; 16 U.S.C. 461 note) is amended by
striking ``from the Committee.'' and inserting ``from the
Committee,''.
SEC. 31. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.
Section 908(a)(1)(B) of Division II of the Omnibus Parks
act (110 Stat. 4279; 16 U.S.C. 461 note) is amended by
striking ``directly on nonfederally owned property'' and
inserting ``directly on non-federally owned property''.
Section-by-Section Analysis
Section 1 corrects the names of two historical parks in the
Table of Contents.
Section 2(a) corrects the historical fact that the U.S.
Army had already stopped using the Presidio as a military
base at the time this Act was introduced in the 104th
Congress. The current language was taken from a previous bill
that was drafted prior to the Army leaving the Presidio.
Section 2(b) corrects a misspelling. Section 2(c) corrects an
erroneous cross-reference.
Section 3 provides a new map reference for Colonial
National Historical Park. The correct map includes all of Lot
49 that was part of the Page Landing Addition authorized to
be made to the park, but only half of which was included on
the map referenced in the Omnibus Parks Act.
Section 4(a) corrects the bill language to reflect the
intent of Congress that the report is due until the land
exchange at Big Thicket National Preserve is completed or by
July 1, 1998, whichever comes first. Section 4(b) inserts a
word to allow the sentence to read correctly.
Section 5 provides the correct name for cooperative
agreements.
Section 6 eliminates duplicative language in the sentence.
Section 7 corrects the name of the park in the title to the
section.
Section 8 corrects a cross-reference.
Section 9 changes ``the purpose'' to ``that purpose'' which
references related language in the sentence.
Section 10 changes a preposition in the sentence.
Section 11(a) inserts a comma between two distinct items in
the sentence. Section 11(b) corrects a duplicative subsection
reference by relettering two subsections. Section 11(c)
corrects two erroneous cross-references.
Section 12 corrects a misspelling.
Section 13 corrects a misspelling.
Section 14 eliminates a redundant subsection reference.
Section 15 corrects four cross-references.
Section 16 corrects a spelling error.
Section 17 clarifies a time period, changes an incorrect
word, and clarifies a term.
Section 18 corrects a cross-reference.
Section 19(a) corrects the spelling of the paragraph title.
Section 19(b) makes the use of a similar phrase parallel in
the two places it is used. Section 19(c) eliminates two
unnecessary words, making this subparagraph parallel to the
others. Section 19(d) corrects the punctuation for a U.S.
Code citation.
Section 20(1) revises the years for which development funds
are authorized to be appropriated to the Blackstone River
Valley National Heritage Corridor. Since the Omnibus Parks
Act was not enacted until November of 1996 after
appropriations has already been enacted for fiscal year 1997,
the Act's language eliminated two of the three years for
which funds would have been authorized. The new language
reinstates the intended three-year authorization. Section
20(2) corrects a misspelling.
Section 21(a) would change the word in the bill's findings
describing the secretary's authority to obtain land at
Tallgrass Prairie NP to make it consistent with the actual
authority in Section 1006 that allows acquisition of land
only by donation, not purchase. Section 21(b) changes a
preposition in the sentence. Section 21(c) corrects the
spelling of a word, making it parallel throughout the
section.
Section 22 inserts hyphens in two compound adjectives and
removes hyphens in two compound adjectives where its use is
incorrect.
Section 23(a) capitalizes the name of the airport in the
title to the paragraph. Section 23(b) corrects a cross-
reference. Section 23(c) corrects a word in the compound
adjective and inserts a hyphen. Section 23(d) inserts a
hyphen in a compound adjective.
Section 24 uses a singular name for the visitor center
making it parallel with similar references in the bill.
Section 25 changes a word in the title from the plural to
the correct singular spelling.
Section 26(a) changes an incorrect adjective. Section 26(b)
eliminates a redundant cross-reference that was left from a
previous version of the bill that permitted land acquisition.
Section 26(c) inserts a word to allow the sentence to read
correctly.
Section 27(a) eliminates redundant language in the
sentence. Section 27(b) corrects the verb tense.
Section 28 inserts the correct name of the National
Register of Historic Places.
Section 29 uses a singular name for the visitor center
making it parallel with similar references in the bill.
Section 30(a) makes the noun singular to agree with its
pronoun. Section 30(b) replaces a period in the middle of
sentence with a comma.
Section 31 inserts a hyphen in a word making it parallel to
its use in the title of the section and in other places in
the bill.
____
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, June 3, 1997.
Hon. Albert Gore, Jr.,
President of the Senate,
Washington, DC.
Dear Mr. President: Enclosed is a draft of a bill ``to make
technical corrections to the Omnibus Parks and Public Lands
Management Act of 1996, and for other purposes.''
We recommend that the bill be introduced, referred to the
appropriate committee for consideration, and enacted.
At the end of the 104th Congress, legislation was enacted
making a number of changes to various laws affecting the
national parks and other pubic lands. This new law, P.L. 104-
333, the Omnibus Parks and Public Lands Management Act of
1996, included over 100 titles. With many individual bills
being included in this package, a number of cross-references
need changing, along with some spelling and grammatical
errors. The attached draft bill would make these corrections.
[[Page S6993]]
The Office of Management and Budget has advised that there
is no objection to the enactment of the enclosed draft
legislation from the standpoint of the Administration's
program.
Sincerely,
Jane Lyder,
Legislative Counsel, Office of
Congressional and Legislative Affairs.
Enclosures.
______
By Mr. CAMPBELL:
S. 992. A bill to amend chapter 44 of title 18, United States Code,
to increase the maximum term of imprisonment for offenses involving
stolen firearms; to the Committee on the Judiciary.
the stolen gun penalty enhancement act of 1997
Mr. CAMPBELL. Mr. President, many crimes in our country are being
committed with stolen guns. The extent of this problem is reflected in
a number of recent studies and news reports. Therefore, today I am
introducing the Stolen Gun Penalty Enhancement Act of 1997 to increase
the maximum prison sentences for violating existing stolen gun laws.
Reports indicate almost half a million guns are stolen each year. As
of March 1995, there were over 2 million reports in the stolen gun file
of the FBI's National Crime Information Center including 7,700 reports
of stolen machine guns and submachine guns. In a 5 year period between
1987 and 1992, the National Crime Victimization Survey notes that there
were over 300,000 incidents of guns stolen from private citizens.
Studies conducted by the Bureau of Alcohol, Tobacco and Firearms
note that felons steal firearms to avoid background checks. A 1991
Bureau of Justice Statistics survey of State prison inmates notes that
almost 10 percent had stolen a handgun, and over 10 percent of all
inmates had traded or sold a stolen firearm.
This problem is especially alarming among young people. A Justice
Department study of juvenile inmates in four States shows that over 50
percent of those inmates had stolen a gun.
In my home State of Colorado, the Colorado Bureau of Investigation
receives over 500 reports of stolen guns each month. As of this month,
the Bureau has a total of 34,825 firearms on its unrecovered firearms
list.
All of these studies and statistics show the extent of the problem of
stolen guns. Therefore, the bill I am introducing today will increase
the maximum prison sentences for violating existing stolen gun laws.
Specifically, my bill increases the maximum penalty for violating
four provisions of the firearms laws. Under section 922(i) of title 18
of the United States Code, it is illegal to knowingly transport or ship
a stolen firearm or stolen ammunition. Under section 922(j) of title
18, it is illegal to knowingly receive, possess, conceal, store, sell,
or otherwise dispose of a stolen firearm or stolen ammunition.
The penalty for violating either of these provisions, as provided by
section 924(a)(2) of title 18, is a fine, a maximum term of
imprisonment of 10 years, or both. My bill increases the maximum prison
sentence to 15 years.
The third provision, set forth in section 922(u) of title 18, makes
it illegal to steal a firearm from a licensed dealer, importer, or
manufacturer. For violating this provision, the maximum term of
imprisonment set forth in 18 U.S.C. 924(i)(1) would be increased to a
maximum 15 years under my bill.
And the fourth provision, section 924(l) of title 18, makes it
illegal to steal a firearm from any person, including a licensed
firearms collector. This provision also imposes a maximum penalty of 10
years imprisonment. As with the other three provisions, my bill
increases this maximum penalty to 15 years.
In addition to these amendments to title 18 of the United States
Code, the bill I introduce today directs the United States Sentencing
Commission to revise the Federal sentencing guidelines with respect to
these firearms offenses.
Mr. President, I am a strong supporter of the rights of law-abiding
gun owners. However, I firmly believe we need tough penalties for the
illegal use of firearms.
The ``Stolen Gun Penalty Enhancement Act of 1997'' will send a strong
signal to criminals who are even thinking about stealing a firearm.
And, I urge my colleagues to join in support of this legislation.
Mr. President, I ask unanimous consent that a copy of the bill be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 992
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STOLEN FIREARMS.
(a) In General.--Section 924 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``(i), (j),''; and
(B) by adding at the end the following:
``(7) Whoever knowingly violates subsection (i) or (j) of
section 922 shall be fined as provided in this title,
imprisoned not more than 15 years, or both.'';
(2) in subsection (i)(1), by striking ``10 years'' and
inserting ``15 years''; and
(3) in subsection (l), by striking ``10 years'' and
inserting ``15 years''.
(b) Sentencing Commission.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to
reflect the amendments made by subsection (a).
______
By Mr. KENNEDY (for himself and Mr. Dodd) (by request):
S. 993. A bill to assist States and secondary and postsecondary
schools to develop, implement, and improve career preparation education
so that every student has an opportunity to acquire academic and
technical knowledge and skills needed for postsecondary education,
further learning, and a wide range of opportunities in high-skill,
high-wage careers, and for other purposes; to the Committee on Labor
and Human Resources.
the career education reform act of 1997
S. 994. A bill to provide assistance to States and local communities
to improve adult education and literacy, to help achieve the national
educational goals for all citizens, and for other purposes; to the
Committee on Labor and Human Resources.
the adult basic education and literacy for the twenty-first century act
Mr. KENNEDY. Mr. President, today, I am introducing two important
education bills on behalf of Secretary Riley and the administration.
One is designed to meet the changing needs of students in vocational
education programs. The other outlines a comprehensive strategy for
enhancing adult education and literacy services. Creating effective
educational opportunities for these two student populations is
essential if we are to make the American dream a reality for all our
citizens.
The Career Preparation Education Reform Act restructures Perkins Act
programs to promote student achievement in academic and technical
skills. Only with both a strong academic background and training in an
employable skill will students be fully prepared to compete in the
21st-century job market. Recognizing this core principle, the
legislation supports broad-based career preparation education which
meets high academic standards and links vocational education with wider
educational reform efforts. It encourages learning in both classroom
and workplace settings. This proposal also contains strong
accountability provisions to ensure that local programs are actually
achieving these goals.
The Adult Basic Education and Literacy for the Twenty-First Century
Act recognizes that adult education is an integral component of our
work force development system. Nearly 27 percent of the adult
population has not earned a high school diploma or its equivalent.
Their chances for career success are increasingly limited. Adult
education programs open doors for those who successfully participate in
them. They help participants to advance in the working world and to
fully participate in every aspect of community life. This legislation
streamlines existing adult education and literacy programs to maximize
both access to educational opportunities and to enhance the quality of
services. It seeks to target resources on those areas where the
greatest need exists.
One of the highest priorities for the Labor and Human Resources
Committee this year is the development of a comprehensive work force
development strategy for our Nation. Effective vocational education and
adult education programs must be major components of such a plan. These
innovative proposals put forth by Secretary Riley should help us to
achieve that goal.
[[Page S6994]]
Mr. President, I ask unanimous consent that each bill be printed in
the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 993
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, That this Act may be cited as the ``Center
Preparation Education Reform Act of 1997''.
TITLE I--AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT
amendment to the act
Sec. 101. The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.; hereinafter
referred to as ``the Act'') is amended in its entirety to
read as follows:
``Short Title; Table of Contents
``Section 1. (a) Short Title.1--This Act may be cited as
the `Carl D. Perkins Career Preparation Education Act'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of policy, findings, and purpose.
``Sec. 3. Authorization of appropriations.
``TITLE I--PREPARING STUDENTS FOR CAREERS
``Part A--Career Preparation Education
``Sec. 101. Career Preparation Education; Priorities.
``Sec. 102. State leadership activities.
``Sec. 103. State plans.
``Sec. 104. Local activities.
``Sec. 105. Local applications.
``Sec. 106. Performance goals and indicators.
``Sec. 107. Evaluation, improvement, and accountability.
``Sec. 108. Allotments.
``Sec. 109. Within-State allocation and distribution of funds.
``Part B--Tech-Prep Education
``Sec. 111. Program elements.
``Sec. 112. State leadership activities.
``Sec. 113. Local activities.
``Sec. 114. Local applications.
``Sec. 115. Evaluation, improvement, and accountability.
``Sec. 116. Allotment and distribution.
``TITLE II--NATIONAL SUPPORT FOR STATE AND LOCAL REFORMS
``Sec. 201. Awards for excellence.
``Sec. 202. National activities.
``Sec. 203. National assessment.
``Sec. 204. National research center.
``Sec. 205. Data systems.
``Sec. 206. National Occupational Information Coordinating Committee.
``Sec. 207. Career preparation education for Indians and Native
Hawaiians.
``TITLE III--GENERAL PROVISIONS
``Sec. 301. Waivers.
``Sec. 302. Effect of Federal payments.
``Sec. 303. Maintenance of effort.
``Sec. 304. Identification of State-imposed requirements.
``Sec. 305. Out-of-State relocations.
``Sec. 306. Entitlement.
``Sec. 307. Definitions.
``Declaration of Policy, Findings, and Purpose
``Sec. 2. (a) Declaration of Policy.--The Congress declares
it to be the policy of the United States that, in order to
meet new economic challenges brought about by technology,
increasing international economic competition, and changes in
production technologies and the organization of work, the
Nation must enable every student to obtain the academic,
technical, and other skills needed to prepare for, and make a
transition to, postsecondary education, further learning, and
a wide range of opportunities in high-skilled, high-wage
careers.
``(b) Declaration of Findings.--The Congress finds that--
``(1) in order to be successful workers, citizens, and
learners in the 21st century, individuals will need a
combination of strong basic and advanced academic skills;
computer and other technical skills; theoretical knowledge;
communications, problem-solving, and teamwork skills; and the
ability to acquire additional knowledge and skills throughout
a lifetime;
``(2) students in the United States can achieve challenging
academic and technical skills, and may learn better and
retain more, when they learn in context, learn by doing, and
have an opportunity to learn and understand how academic and
technical skills are used outside the classroom;
``(3) a majority of high school graduates in the United
States do not complete a rigorous course of study that
prepares them for completing a two-year or four-year college
degree or for entering high-skill, high-wage careers; adult
students are an increasingly diverse group and often enter
postsecondary education unprepared for academic and
technical work; and certain individuals (including
students who are members of special populations) often
face great challenges in acquiring the knowledge and
skills needed for successful employment.
``(4) education reform efforts at the secondary level are
creating new American high schools that are committed to high
academic standards for all students, and that ensure that all
students have the academic and technical skills needed to
pursue postsecondary education, provide students with
opportunities to explore careers, use technology to enhance
learning, and create safe, supportive learning environments;
``(5) community colleges are offering adults a gateway to
higher education, access to quality occupational certificates
and degrees that increase their skills and earnings, and
continuing education opportunities necessary for professional
growth by ensuring that the academic and technical skills
gained by students adequately prepare them for the workforce,
by enhancing connections with employers, and by obtaining
sufficient resources so that students have access to state-
of-the-art programs, equipment, and support services;
``(6) State initiatives to develop challenging State
academic standards for all students are helping to establish
a new framework for education reform, and States developing
school-to-work opportunity systems are helping to create
opportunities for all students to participate in school-
based, work-based, and connecting activities leading to
postsecondary education, further learning, and first jobs in
high-skill, high-wage careers;
``(7) local, State, and national programs supported under
the Carl D. Perkins Vocational and Applied Technology
Education Act have assisted many students in obtaining
technical and academic skills and employment, and technical
preparation (tech-prep) education has promoted the
integration of academic and vocational education, reinforced
and stimulated improvements in classroom instruction, and
forged strong secondary-postsecondary connections that serve
as a catalyst for the reform of vocational education and the
development of school-to-work systems;
``(8) career preparation education increases its
effectiveness and better enables every student to achieve to
challenging academic standards and industry-recognized skill
standards and prosper in a highly competitive, technological
economy when it is aligned with broader State and local
education reforms and with challenging standards reflecting
the needs of employers and the demands of high-skill, high-
wage careers, and has the active involvement of employers,
parents, and labor and community organizations in planning,
developing, and implementing services and activities;
``(9) while current law has promoted important reforms in
vocational education, it contains numerous set-asides and
special programs and requirements that may inhibit further
reforms as well as the proper implementation of performance
management systems needed to ensure accountability for
results;
``(10) the Federal Government can--through a performance
partnership with States and localities based on clear
programmatic goals, increased State and local flexibility,
improved accountability, and performance goals, indicators,
and incentives--provide to States and localities financial
assistance for the improvement and expansion of career
preparation education in all States, as well as for services
and activities that ensure that every student, including
those with special needs, has the opportunity to achieve the
academic and technical skills needed to prepare for
postsecondary education, further learning, and a wide range
of careers; and
``(11) the Federal Government can also assist States and
localities by carrying out nationally significant research,
program development, dissemination, evaluation, capacity-
building, data collection, professional development, and
technical assistance activities that support State and local
efforts to implement successfully programs, services, and
activities that are funded under this Act, as well as those
supported with their own resources.
``(c) Declaration of Purpose.--The purpose of this Act is
to assist all students, through a performance partnership
with States and localities, to acquire the knowledge and
skills they need to meet challenging State academic standards
and industry-recognized skill standards, and to prepare for
postsecondary education, further learning, and a wide range
of opportunities in high-skill, high-wage careers. This
purpose shall be pursued through support for State and local
efforts that--
``(1) build on the efforts of States and localities to
develop and implement education reforms based on challenging
academic standards;
``(2) integrate reforms of vocational education with State
reforms of academic preparation in schools;
``(3) promote, in particular, the development of services
and activities that integrate academic and occupational
instruction, link secondary and postsecondary education, and
promote school-based and work-based learning and connecting
activities;
``(4) increase State and local flexibility in providing
services and activities designed to develop, implement, and
improve career preparation education, including tech-prep
education, and in integrating these services and activities
with services and activities supported with other Federal,
State, and local education and training funds in exchange for
clear accountability for results;
``(5) provide every student, including those who are
members of special populations, with the opportunity to
participate in the full range of career preparation education
programs, services, and activities;
``(6) integrate career guidance and counseling into the
educational processes, so that students are well prepared to
make informed
[[Page S6995]]
education and career decisions, find employment, and lead
productive lives; and
``(7) benefit from national research, program development,
demonstration, dissemination, evaluation, capacity-building,
data collection, professional development, and technical
assistance activities supporting the development,
implementation, and improvement of career preparation
education programs, services, and activities.
``authorization of appropriations
``Sec. 3. (a) Preparing Students for Careers.--(1) There
are authorized to be appropriated to carry out part A of
title I, relating to career preparation education,
$1,064,047,000 for the fiscal year 1998 and such sums as may
be necessary for each of the fiscal years 1999 through 2002.
``(2) There are authorized to be appropriated to carry out
part B of title I, relating to technical preparation
education, $105,000,000 for the fiscal year 1998 and such
sums as may be necessary for each of the fiscal years 1999
through 2002.
``(b) National Support For State and Local Reforms.--From
the amount appropriated for any fiscal year under subsection
(a) the Secretary shall reserve--
``(1) not more than 7 percent to carry out title II (except
section 207, relating to career preparation education for
Indians and Native Hawaiians), of which not more than 2
percent of the amount appropriated under subsection (a) for
any fiscal year after the fiscal year 2000 shall be available
to carry out activities under section 201, relating to awards
for excellence; and
(2) 1.75 percent to carry out activities under sections
207(b) and 207(c), relating to career preparation education
for Indians, and section 207(d), relating to career
preparation education for Native Hawaiians.
``TITLE I--PREPARING STUDENTS FOR CAREERS
``Part A--Career Preparation Education
``career preparation education; priorities
``Sec. 101. (a) Career Preparation Education.--(1) In order
to enable every student to obtain the academic, technical,
and other knowledge and skills that are needed to make a
successful transition to postsecondary education and a wide
range of career and further learning, as well as support, to
the maximum extent possible, the integration of vocational
education with broader educational reforms underway in States
and secondary and postsecondary schools, funds under this
part shall be used to support career preparation education
programs, services, and activities.
``(2) As used in this Act, career preparation education
programs, services, and activities means those that--
``(A) support the development, implementation, or
improvement of State School-to-Work systems as set forth in
title I of the School-to-Work Opportunities Act of 1994; or
``(B) otherwise prepare students for employment and further
learning in technical fields.
``(b) Priorities.--In using funds under this part, States
and local recipients, as described in section 105(a), shall
give priority to services and activities designed to--
``(1) ensure that every student, including those who are
members of special populations, has the opportunity to
achieve a combination of strong basic and advanced academic
skills, computer and other technical skills, theoretical
knowledge, communications, problem-solving, and other skills
needed to meet challenging State academic standards and
industry-recognized skill standards;
``(2) promote the integration of academic and vocational
education;
``(3) support the development and implementation of courses
of study in broad occupational clusters or industry sectors;
``(4) effectively link secondary and postsecondary
education;
``(5) provide students, to the extent possible, with strong
experience in, and understanding of, all aspects of an
industry;
``(6) provide students with work-related experiences, such
as internship, work-based learning, school-based enterprises,
entre-preneurship, and job-shadowing that link to classroom
learning;
``(7) provide schoolsite and worksite mentoring;
``(8) provide instruction in general workplace competences
and instruction needed for students to earn a skill
certificate;
``(9) provide career guidance and counseling for students,
including the provision of career awareness, exploration, and
planning services, and financial aid information to students
and their parents;
``(10) ensure continuing parent and employer involvement in
program design and implementation; and
``(11) provide needed support services, such as mentoring,
opportunities to participate in student organizations,
tutoring, the modification of curriculum, classrooms, and
equipment, transportation, and child care.
``state leadership activities
``Sec. 102. (a) Responsible Agency or Agencies.--Any State
desiring to receive a grant under this part, as well as a
grant under part B, shall, consistent with State law,
designate an educational agency or agencies that shall be
responsible for the administration of services and activities
under this Act, including--
``(1) the development, submission, and implementation of
the State plan;
``(2) the efficient and effective performance of the
State's duties under this Act; and
``(3) consultation with other appropriate agencies, groups,
and individuals that are involved in the development and
implementation of services and activities assisted under this
Act, such as employers, industry, parents, students,
teachers, labor organizations, community-based organizations,
State and local elected officials, and local program
administrators, including the State agencies responsible for
activities under the State's implementation grant under the
School-to-Work Opportunities Act of 1994.
``(b) In General.--Each State that receives a grant under
this part shall, from amounts reserved for State leadership
activities under section 109(c), conduct programs, services,
and activities that further the development, implementation,
and improvement of career preparation education within the
State and that are integrated, to the maximum extent
possible, with broader education reforms underway in the
State, including such activities as--
``(1) providing comprehensive professional development
(including initial teacher preparation) for vocational,
academic, career guidance, and administrative personnel
that--
``(A) will help such teachers and personnel to meet the
goals established by the State under section 106; and
``(B) reflects the State's assessment of its needs for
professional development, as determined under section
2205(b)(2)(C) the Elementary and Secondary Education Act of
1965, and is integrated with the professional development
activities that the State carries out under title II of that
Act;
``(2) developing and disseminating curricula that are
aligned, as appropriate, with challenging State academic
standards and industry-recognized skill standards;
``(3) monitoring and evaluating the quality of, and
improvement in, services and activities conducted with
assistance under this Act;
``(4) promoting equity in secondary and postsecondary
education and, to the maximum extent possible, ensuring
opportunities for all students, including students who are
members of special populations, to participate in education
activities that are free from sexual and other harassment and
that lead to high-skill, high-wage careers;
``(5) supporting tech-prep education activities, including,
as appropriate, activities described under part B of this
title;
``(6) improving and expanding career guidance and
counseling programs that assist students to make informed
education and career decisions;
``(7) improving and expanding the use of technology in
instruction;
``(8) supporting partnerships of local educational
agencies, institutions of higher education, and, as
appropriate, other entities, such as employers, labor
organizations, parents, community-based organizations, and
local workforce boards for enabling all students, including
students who are members of special populations, to achieve
to challenging State academic standards and industry-
recognized skill standards;
``(9) promoting the dissemination and use of occupational
information and one-stop career center resources;
``(10) providing financial incentives or awards to one or
more local recipients in recognition of exemplary quality or
innovation in education services and activities, or exemplary
services and activities for students who are members of
special populations, as determined by the State through a
peer review process, using performance goals and indicators
described in section 106 and any other appropriate criteria;
``(11) supporting vocational student organizations,
especially with respect to efforts to increase the
participation of students who are members of special
populations in such organizations;
``(12) developing career preparation education curricula
that provide students with understanding in all aspects of
the industry; and
``(13) serving individuals in State institutions, such as
State correctional institutions and institutions that serve
individuals with disabilities.
``(c) Special Populations.--Any State that receives a grant
under this part shall--
``(1) work to eliminate bias and stereotyping in education
at the secondary and postsecondary levels;
``(2) disseminate data on the effectiveness of career
preparation education programs, services, and activities in
the State in meeting the educational and employment needs of
women and students who are members of special populations;
``(3) review proposed actions on applications, grants,
contracts, and policies of the State to help to ensure that
the needs of women and students who are members of special
populations are addressed in the administration of this part;
``(4) recommend outreach and other activities that inform
women and students who are members of special populations
about their education and employment opportunities; and
``(5) advise local educational agencies, postsecondary
educational institutions, and other interested parties in the
State on expanding career preparation opportunities for women
and students who are members of special populations and
ensuring that the needs of men and women in training for
nontraditional jobs are met.
``(d) State Report.--(1) The State shall annually report to
the Secretary on the quality and effectiveness of the
programs,
[[Page S6996]]
services, and activities, provided through its grant under
this part, as well as its grant under part B, based on the
performance goals and indicators and the expected level of
performance included in its State plan under section
103(e)(2)(B).
``(2) The State report shall also--
``(A) include such information, and in such form, as the
Secretary may reasonably require, in order to ensure the
collection of uniform data; and
``(B) be made available to the public.
``state plans
``Sec. 103. (a) In General.--Any State desiring to receive
a grant under this part, as well as a grant under part B, for
any fiscal year shall submit to, or have on file with, the
Secretary a five year plan in accordance with this section.
The agency or agencies designated under section 102(a) may
submit its State plan as part of a comprehensive plan that
may include State plan provisions under the Goals 2000:
Educate America Act, the School-to-Work Opportunities Act of
1994, and section 14302 of the Elementary and Secondary
Education Act of 1965. Any State that receives an
implementation grant under subpart B of title II of the
School-to-Work Opportunities Act of 1994 shall make the plan
that it submits or files under this section consistent with
the approved plan for which it received its implementation
grant.
``(b) Approvals.--(1) Notwithstanding the designation of
the responsible agency or agencies under section 102(a), the
agencies that shall approve the State plan under subsection
(a) are--
``(A) the State educational agency; and
``(B) the State agency responsible for community colleges.
``(2) The Secretary shall approve a State plan under
subsection (a), or a revision to an approved State plan, only
if the Secretary determines that it meets the requirements of
this section and the State's performance goals and expected
level of performance under subsection (e)(2)(B) are
sufficiently rigorous as to meet the purpose of this Act and
to allow the Department of Education to make progress toward
its performance objectives and indicators established under
the Government Performance and Results Act. The Secretary
shall establish a peer review process to make recommendations
regarding approval of the State plan and revisions to the
plan. The Secretary shall not finally disapprove a State plan
before giving the State reasonable notice and an opportunity
for a hearing.
``(c) Consultation.--(1) In developing and implementing its
plan under subsection (a), and any revisions under subsection
(g), the designated agency or agencies under section 102(a)
shall consult widely writhe employers, labor organizations,
parents, and other individuals, agencies,. and organizations
in the State that have an interest in education and training,
including the State agencies responsible for activities under
the State's implementation grant under the School-to-Work
Opportunities Act of 1994, as well as individuals, employers,
and organizations that have an interest in education and
training for students who are members of special populations.
``(2) The designated agency or agencies under section
102(a) shall submit the State plan under this section, and
any revisions to the State plan under subsection (g), to the
Governor for review and comment, and shall ensure that any
comments the Governor may have are included with the State
plan or revision when the plan or revision is submitted to
the Secretary.
``(d) Assessment.--The State plan under subsection (a), and
any revisions to the State plan under subsection (a), shall
be based upon a recent objective assessment of--
``(A) the academic and technical skills education, training
and retraining needs of secondary, adult, and postsecondary
students, including individuals who are members of special
populations, that are necessary to meet the projected skill
demands of high-wage high-skill careers during the period of
the plan; and
``(B) the capacity of programs, services, and activities to
meet those needs, taking into account the priorities under
section 101(b) and the State's performance goals under
section 106(a).
``(2) The assessment shall also include--
``(A) an analysis of the State's performance on its State
and local standards and measures under Section 115 of the
Carl D. Perkins Vocational and Applied Technology Education
Act of 1990; and
``(B) an identification of any provisions of the State plan
that have been included based on that analysis.
``(e) Contents.--A State plan under subsection (a) shall
describe how the State will use funds under this part to--
``(A) improve student achievement of academic, technical,
and other knowledge and skills and address the priorities
described in section 101(b);
``(B) help ensure that every student, including those who
are members of special populations, has the opportunity to
achieve to challenging State academic standards and industry-
recognized skill standards and to be prepared postsecondary
education, further learning, and high-skill, high-wage
careers;
``(C) further the State's education reform efforts and
school-to-work opportunities system; and
``(D) carry out State leadership activities under section
102.
``(2) A State plan under subsection (a) shall also--
``(A) describe how the State will integrate its services
and activities under this title with the broad education
reforms in the State and with relevant employment, training,
technology, and welfare programs carried out in the State;
``(B) include a statement, expressed in terms of the
performance indicators published by the Secretary under
section 106(b), and any other performance indicators the
State may choose, of the State's performance goals
established under section 106(a) and the level of performance
the State expects to achieve in progressing toward its
performance goals during the life of the State plan;
``(C) describe how the State will ensure that the data
reported to it from its local recipients under this Act and
the data it reports to the Secretary are complete, accurate,
and reliable;
``(D) describe how the State will provide incentives or
rewards for exemplary programs, services, or activities under
this Act, if the State elects to implement the authority
under section 102(b)(10);
``(E) describe how funds will be allocated and used at the
secondary and postsecondary level, the consortia that will be
formed among secondary and postsecondary school and
institutions, and how funds will be allocated to such
consortia; and
``(F) be made available to the public.
``(f) Assurances.--A State plan under subsection (a) shall
contain assurances that the State will--
``(1) comply with the requirements of this Act and the
provisions of the State plan; and
``(2) provide for the fiscal control and fund accounting
procedures that may be necessary to ensure the proper
disbursement of, and accounting for, funds paid to the State
under this Act.
``(g) Revisions.--When changes in conditions or other
factors require substantial revision to an approved State
plan under subsection (a), the State shall submit revisions
to the State plan to the Secretary after the State plan
revisions have been approved by the agencies responsible for
approving the plan under subsection (b).
``local activities
``Sec. 104. (a) General Requirements.--Each recipient of a
subgrant under this part shall--
``(1) conduct career preparation education programs,
services and activities that further student achievement of
academic, technical, and other knowledge and skills;
``(2) provide services and activities that are of
sufficient size, scope, and quality to be effective;
``(3) give priority under this part to assisting schools or
campuses that serve the highest numbers or percentages of
students who are members of special populations; and
``(4) promote equity in career preparation education and,
to the maximum extent possible, ensure opportunities for
every student, including those who are members of special
populations, to participate in education activities that are
free from sexual and other harassment and that lead to high-
skill, high-wage careers.
``(b) Authorized Activities.--Each recipient of a subgrant
under this part may use funds to--
``(1) provide programs, services, and activities that
promote the priorities described in section 101(b), such as--
``(A) developing curricula and assessments that are
aligned, as appropriate, with challenging State academic
standards, as well as industry-recognized skill standards,
and that integrate academic and vocational instruction,
school-based and work-based instruction and connecting
activities, and secondary and postsecondary level
instruction;
``(B) acquiring and adapting equipment, including
instructional aids;
``(C) providing professional development activities,
including such activities for teachers, mentors, counselors,
and administrators, and board members;
``(D) providing services, directly or through community-
based or other organizations, that are needed to meet the
needs of students who are members of special populations,
such as mentoring, opportunities to participate in student
organizations, tutoring, curriculum modification, equipment
modification, classroom modification, supportive personnel,
instructional aids and devices, guidance, career information,
English language instruction, transportation, and child care;
``(E) supporting tech-prep education services and
activities, career academies, and public charter, pilot, or
magnet schools that have a career focus;
``(F) carrying out activities that ensure active and
continued involvement of employers, parents, local workforce
boards, and labor organizations in the development,
implementation, and improvement of a career preparation
education in the State, such as support for local school-to-
work partnerships and intermediary organizations that support
activities that link school and work;
``(G) assisting in the reform of secondary schools,
including schoolwide reforms and schoolwide programs
authorized under section 1114 of the Elementary and Secondary
Education Act of 1965;
``(H) supporting vocational student organizations,
especially with respect to efforts to increase the
participation of students who are members of special
populations in such organizations;
``(I) providing assistance to students who have
participated in services and activities under this Act in
finding an appropriate job
[[Page S6997]]
and continuing their education and training; and
``(J) developing and implementing performance management
systems and evaluations; and
``(2) carry out other services and activities that meet the
purposes of this Act.
``(c) Equipment.--Equipment acquired or adapted with funds
under this part may be used for other instructional purposes
when not being used to carry out this part if such
acquisition or adaptation is reasonable and necessary for
providing services or activities under this part and such
other use is incidental to, does not interfere with, and does
not add to the cost of, the use of such equipment under this
part.
``local applications
``Sec. 105. (a) Eligibility.--Schools and other
institutions or agencies eligible to apply, individually or
as consortia, to a State for a subgrant under this part are--
``(1) local educational agencies;
``(2) area vocational education schools;
``(3) intermediate educational agencies;
``(4) institutions of higher education; and
``(5) postsecondary educational institutions 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.
``(b) Application Requirements.--Any applicant that is
eligible under subsection (a) and that desires to receive a
subgrant under this part shall, according to requirements
established by the State, submit an application to the agency
or agencies designated under section 102(a). In addition to
including such information as the State may require and
identifying the results the applicant seeks to achieve, each
application shall also describe how the applicant will use
funds under this part to--
``(1) develop, improve, or implement career preparation
education programs, services, or activities in secondary
schools and postsecondary institutions and address the
priorities described in section 101(b), in accordance with
section 103;
``(2) evaluate progress toward the results it seeks to
achieve, consistent with the performance goals and indicators
established under section 106;
``(3) coordinate its services and activities with related
services and activities offered by community-based
organizations, employers, and labor organizations, and, to
the extent possible, integrate its services and activities
under this title with broad educational reforms in the State
and with relevant employment, training, and welfare programs
carried out in the State; and
``(4) consult with students, their parents, employers, and
other interested individuals or groups (including labor
organizations and organizations representing special
populations), in developing their services and activities.
``performance goals and indicators
``Sec. 106. (a) Performance Goals.--(1) Any State desiring
to receive a grant under this part, as well as under part B,
in consultation with employers, parents, labor
organizations, and other individuals, agencies, and
organizations in the State that have an interest in
education and training, shall--
``(A) establish performance goals to define the level of
performance to be achieved by students served under this
title and to evaluate the quality and effectiveness of
programs, services, and activities under this title; and
``(B) express such goals in an objective, quantifiable, and
measurable form.
``(2) Any State may also use amounts it receives for State
leadership activities under section 109(c) to evaluate its
entire career preparation education program in secondary and
postsecondary schools and to carry out activities under
paragraph (1).
``(b) Performance Indicators.--(1) After consultation with
the Secretary of Labor, States, local educational agencies,
institutions of higher education, representatives of business
and industry, and other interested parties, the Secretary
shall publish in the Federal Register performance indicators
(including the definition of relevant terms and appropriate
data collection methodologies) described in paragraph (2)
that State and local recipients shall use in measuring or
assessing progress toward achieving the State's performance
goals under subsection (a).
``(2) The Secretary shall publish performance indicators
for programs, services, and activities under this Act in the
following areas:
``(A) achievement to challenging State academic standards,
such as those established under Goals 2000: Educate America
Act, and industry-recognized skill standards;
``(B) receipt of a high school diploma, skill certificate,
and postsecondary certificate or degree;
``(C) job placement, retention, and earnings, particularly
in the student's field of study; and
``(D) such other indicators as the Secretary determines.
``(c) Transition.--A State shall use the performance goals
and indicators established under subsections (a) and (b) not
later than July 1, 1999. In order to provide a transition for
State evaluation activities, each State receiving funds under
this title shall use the system of standards and measures the
State developed under section 115 of the Carl D. Perkins
Vocational and Applied Technology Education Act as in effect
prior to the enactment of this Act during the period that the
State is establishing performance goals under subsection (a).
``(d) Technical Assistance.--The Secretary shall provide
technical assistance to the States regarding the development
of the State's performance goals under subsection (a), as
well as use of uniform national performance data. The
Secretary may use funds appropriated for title II to provide
technical assistance under this section.
``evaluation, improvement and accountability
Sec. 107. (a) Local Evaluation.--(1) Each recipient of a
subgrant under this part shall--
``(A) annually evaluate, using the performance goals and
indicators described in section 106, and report to the State
regarding, its use of funds under this part to develop,
implement, or improve its career preparation education
program, services, and activities; and
``(B) biennially evaluate, and report to the State
regarding the effectiveness of its programs, services, and
activities under this part in achieving the priorities
described in section 101(b), including the participation,
progress, and outcomes of students who are members of special
populations.
``(2) Such recipient may evaluate portions of its entire
career preparation education program, including portions that
are not supported under this part. If such recipient does so,
it need not evaluate separately that portion of its entire
career preparation education program supported with funds
under this part.
``(b) Improvement Activities.--If a State determines, based
on the local evaluation conducted under subsection (a) and
applicable performance goals and indicators established under
section 106, that a recipient of a subgrant under this part
is not making substantial progress in achieving the purpose
of this Act in accordance with the priorities described in
section 101(b), the State shall work jointly with the
recipient to develop a plan, in consultation with teachers,
counselors, parents, students, employers, and labor
organizations, for improvement for succeeding school years.
If, after not more than 2 years of implementation of the
improvement plan, the State determines that the local
recipient is not making sufficient progress, the State shall
take whatever corrective action it deems necessary,
consistent with State law. The State shall take corrective
action only after it has provided technical assistance to the
recipient and shall ensure that any corrective action it
takes allows for continued career preparation education
services and activities for the recipient's students.
``(c) Technical Assistance.--If the Secretary determines
that the State is not properly implementing its
responsibilities under subsection (b), or is not making
substantial progress in meeting the purpose of this Act or
carrying out services and activities under this part that are
in accord with the priorities described in section 101(b),
based on the performance goals and indicators and expected
level of performance included in its State plan under section
103(e)(2)(B), the Secretary shall work with the State to
implement improvement activities.
``(d) Withholding of Federal Funds.--If, after a reasonable
time, but not earlier than one year after of implementation
of the improvement activities described in subsection (c),
the Secretary determines that the State is not making
sufficient progress, based on the performance goals and
indicators and expected level of performance included in its
State plan under section 103(e)(2)(B), the Secretary shall,
after notice and opportunity for a hearing, withhold from the
State all, or a portion, of the State's allotment under this
part. The Secretary may use funds withheld under the
preceding sentence to provide, through alternative
arrangements, services and activities within the State that
meet the purpose of this Act and are in accord with the
priorities described in section 101(b).
``ALLOTMENTS
``Sec. 108. (a) Alltoment to States for Career Preparation
Education.--Subject to subsection (b), from the remainder of
the sums available for this part, the Secretary shall allot
to each State for each fiscal year--
``(1) an amount that bears the same ratio to 50 percent of
the sum 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; and
``(2) an amount that bears the same ratio to 50 percent of
the sum 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.
``(b) Hold-Harmless Amounts.--(1) Notwithstanding any other
provision of law and subject to paragraph (2), for fiscal
year 1998 no State shall receive an allotment for services
and activities authorized under this part that is less than
90 percent of the sum of the payments made to the State for
fiscal year 1997 for programs authorized by title II of the
Carl D. Perkins Vocational and Applied Technology Education
Act, and for fiscal years 1998 through 2002 no State shall
receive for services and activities authorized under
[[Page S6998]]
this part an allotment that is less than 90 percent of its
allotment under this part for the preceding fiscal year.
``(2) If for any fiscal year the amount appropriated for
services and activities authorized under this part and
available for allotment under this section is insufficient to
satisfy the provisions of paragraph (1), the Secretary shall
ratably reduce the payments to all States for such services
and activities as necessary.
``(3) Notwithstanding any other provision of law, the
allotment for this part for each of American Samoa, Guam, the
Northern Mariana Islands, and the Virgin Islands shall not be
less than $200,000.
``(c) Allotment Ratio.--the allotment ratio of any State
shall be 1.00 less the product of--
``(1) 0.50; and
``(2) the quotient obtained by dividing the per capita
income for the State by the per capita income for all the
States (exclusive of American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands), except
that--
``(A) the allotment ratio shall in no case be more than
0.60 or less than 0.40; and
``(B) the allotment ratio for American Samoa, Guam, Puerto
Rico, the Northern Mariana Islands, and the Virgin Islands
shall be 0.60.
``(d) 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 carrying out the
services and activities for which such amount has been
allotted, the Secretary shall make such amount available for
reallotment to one or more other States. Any amount
reallotted to a State under this subsection shall be deemed
to be part of its allotment for the fiscal year in which it
is obligated.
``(e) State Grants.--(1) From the State's allotment under
subsection (a), the Secretary shall make a grant for each
fiscal year to each State that has an approved State plan
under section 103.
``(2) The Secretary may promulgate regulations with regard
to indirect cost rates that may be used for grants and
subgrants awarded under this title.
``(f) Definitions and Determinations.--For purposes of this
section--
``(1) 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;
``(2) 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, and
``(3) population shall be determined by the Secretary on
the basis of the latest estimates available to the Department
that are satisfactory to the Secretary.
``within-state allocation and distribution of funds
``Sec. 109. (a) In General.--(1) For each of the fiscal
years 1998 and 1999, the State shall award as subgrants to
eligible recipients under section 105(a) at least 80 percent
of its grant under section 108(e) for that fiscal year.
``(2) For each of the fiscal years 2000 through 2002, the
State shall award as subgrants to eligible recipients under
section 105(a) at least 85 percent of its grant under section
108(e) for that fiscal year.
``(b) State Administration.--(1) The State may use an
amount not to exceed 5 percent of its grant under section
108(e) for each fiscal year for administering its State plan,
including developing the plan, reviewing local applications
for subgrants under this part and part B, supporting
activities to ensure the active participation of interested
individuals and organizations, and ensuring compliance with
all applicable Federal laws.
``(2) Each State shall match, from non-Federal sources and
on a dollar-for-dollar basis, the funds used for State
administration under paragraph (1).
``(c) State Leadership.--The State shall use the remainder
of its grant under section 108(e) for each fiscal year for
State leadership activities described in section 102.
``(d) Distribution of Part A Funds at the Secondary
Level.--(1) Except as provided in subsections (f), (g), and
(h), each State shall, each fiscal year, distribute to local
educational agencies, or consortia of such agencies, within
the State funds under this part available for secondary level
education programs, services, and activities that are
conducted in accordance with the priorities described in
section 101(b). Each local educational agency or consortium
shall be allocated an amount that bears the same relationship
to the amount available as the amount that the local
educational agency or consortium was allocated under subpart
2 of part A of title I of the Elementary and Secondary
Education Act of 1965 in the preceding fiscal year bears to
the total amount received under such subpart by all the local
educational agencies in the State in such fiscal year.
``(2) In applying the provisions of paragraph (1), the
State shall--
``(A) distribute those funds that, based on the
distribution formula under paragraph (1), would have gone to
a local educational agency serving only elementary schools,
to the local educational agency that provides secondary
school services to secondary school students in the same
attendance area;
``(B) distribute to a local educational agency that has
jurisdiction over secondary schools, but not elementary
schools, funds based on the number of students that entered
such secondary schools in the previous year from the
elementary schools involved; and
``(C) distribute funds to an area vocational education
school or intermediate educational agency in any case in
which--
``(i) the area vocational education school or intermediate
educational agency and the local educational agency or
agencies concerned have an agreement to use such funds to
provide services and activities in accordance with the
priorities described in section 101; and
``(ii) the area vocational education school or intermediate
educational agency serves an equal or greater proportion of
students with disabilities or economically disadvantaged
students than the proportion of these students under the
jurisdiction of the local educational agencies sending
students to the area vocational education school.
``(e) Distribution of Part A Funds at the Postsecondary
Level.--(1) Except as provided in subsections (f), (g), and
(h), each State shall, each fiscal year, distribute to
eligible institutions, or consortia of such institutions,
within the State funds under this part available for
postsecondary level services and activities that are
conducted in accordance with the priorities described in
section 101(b). Each such eligible institution or consortium
shall be allocated an amount that bears the same relationship
to the amount of funds available as the number of Pell Grant
recipients and recipients of assistance from the Bureau of
Indian Affairs enrolled in the preceding fiscal year by such
institution or consortium in a career preparation education
programs that does not exceed two years bears to the number
of such recipients enrolled in such programs within the State
in such fiscal year.
``(2) For the purposes of this subsection--
``(A) the term `eligible institution' means--
``(i) an institution of higher education;
``(ii) a local educational agency providing education at
the postsecondary level;
``(iii) an area vocational education school providing
education at the postsecondary level; and
``(iv) 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 of the administration of programs
under the Indian Self-Determination Act or the Act of April
16, 1934; and
``(B) the term `Pell Grant recipient' means a recipient of
financial aid under subpart 1 of part A of title IV of the
Higher Education Act of 1965.
``(3) An eligible institution may use funds distributed in
accordance with paragraph (1) to provide postsecondary level
services and activities for students enrolled in a career
preparation education program that exceeds two years through
a written articulation agreement between the eligible
institution and the administrators of that program.
``(f) Alternative Part A Distribution Formula.--The State
may distribute funds under subsection (d) or (e) using an
alternative formula if the State demonstrates to the
Secretary's satisfaction that--
``(1) the alternative formula better meets the purposes of
this Act;
``(2) the alternative formula is in accord with the
priorities described in section 101(b);and
``(3)(A) the formula described in subsection (d) or (e)
does not result in a distribution of funds to the eligible
recipients or consortia that have the highest numbers or
percentages of economically disadvantaged students, as
described in subsection (j); and
``(B) the alternative formula would result in such a
distribution.
``(g) Minimum Subgrant Amounts.--(1)(A) Except as provided
in subparagraph (B), no local educational agency shall be
eligible for a subgrant under this part unless the amount
allocated to that agency under subsection (c) or (d) equals
or exceeds $15,000.
``(B) The State may waive the requirement in subparagraph
(A) in any case in which the local educational agency--
``(i) enters into a consortium with one or more other local
educational agencies to provide services and activities
conducted in accordance with the priorities described in
section 101(b) and the aggregate amount allocated and awarded
to the consortium equals or exceeds $15,000; or
``(ii) is located in a rural, sparsely-populated area and
demonstrates that the agency is unable to enter into a
consortium for the purpose of providing services and
activities conducted in accordance with the priorities
described in section 101(b), but that the agency is able to
provide services and activities that meet the purposes of
this Act.
``(2)(A) Except as provided in subparagraph (B), no
eligible institution shall be eligible for a subgrant under
this part unless the amount allocated to that institution
under subsection (d) or (e) equals or exceeds $50,000.
``(B) The State may waive the requirement in subparagraph
(A) in any case in which the eligible institution--
``(i) enters into a consortium with one or more other
eligible institutions to provide services and activities
conducted in accordance with the priorities described in
section 101 and the aggregate amount allocated and awarded to
the consortium equals or exceeds $50,000; or
``(ii) is a tribally controlled community college.
``(h) Part A Secondary-Postsecondary Consortia.--The State
may distribute funds
[[Page S6999]]
available for part A in any fiscal year for secondary and
postsecondary level services and activities, as applicable,
to one or more local educational agencies and one or more
eligible institutions that enter into a consortium in any
case in which--
``(1) the consortium has been formed to provide services
and activities conducted in accordance with the priorities
described in section 101(b); and
``(2) the aggregate amount allocated and awarded to the
consortium under subsections (a), (b), and (c) equals or
exceeds $50,000.
``(i) Reallocations.--The State shall reallocate to one or
more local educational agencies, eligible institutions, and
consortia any amounts that are allocated in accordance with
subsections (d) through (f), but that would not be used by a
local educational agency or eligible institution, in a manner
the State determines will best serve the purpose of this Act
and be in accord with the priorities described in section
101(b).
``(j) Economically Disadvantaged Students.--For the
purposes of this section, the State may determine the number
of economically disadvantaged students on the basis of--
``(1) eligibility for free or reduced-price meals under the
National School Lunch Act or for assistance under part A of
title IV of the Social Security Act;
``(2) the number of children counted for allocation
purposes under title I of the Elementary and Secondary
Education Act of 1965; or
``(3) any other index of disadvantaged economic status if
the State demonstrates to the satisfaction of the Secretary
that the index is more representative of the number of low-
income students than the indices described in paragraphs (1)
and (2).
``Part B--Tech-prep Education
``program elements
``Sec. 111. Funds under this part shall be used only to
develop, implement, and improve tech-prep education programs
that--
``(1) include--
``(A) a non-duplicative sequence of study, with a common
core of required proficiency in mathematics, science,
communications, and technology, consisting of at least 2
years of secondary school preceding graduation and leading to
an associate degree, an industry-recognized skill
certificate, completion of a registered apprenticeship
program, or a bachelor's degree in a specific career field;
``(B) an integrated academic and technical curriculum
appropriate to the needs of the students enrolled in the
secondary schools and postsecondary education institutions
participating in a consortium.
``(C) curriculum and professional development to--
``(i) train academic, vocational, and technical teachers to
use strategies and techniques effectively to support tech-
prep education; and
``(ii) train counselors to advise students effectively, and
to help ensure that students successfully complete their
tech-prep education and enter into appropriate employment;
``(D) preparatory services, including outreach, career
counseling, assessment, and testing, that assist students to
enter into tech-prep education, as well as career awareness,
exploration, and planning activities that help students in
tech-prep education to make informed choices;
``(E) equal access for students who are members of special
populations; and
``(F) work-based learning opportunities, for both students
and educators, that are tied to the tech-prep curriculum; and
``(2) are conducted by a consortium--
``(A) of at least one public secondary school or local
educational agency and at least one postsecondary educational
institution; and
``(B) that displays strong, comprehensive institutional
links within the consortium.
``state leadership responsibilities
``Sec. 112. (a) In General.--Each State that receives a
grant under this part may use funds reserved for leadership
activities under section 109(c) to conduct services and
activities that further the development, implementation, and
improvement of tech-prep education programs throughout the
State in accordance with the purposes of this Act.
``(b) State Plan.--Any State desiring to receive a grant
under this part for any fiscal year shall--
``(1) have an approved State plan under section 103 for
that fiscal year; and
``(2) include in such plan--
``(A) a description of how the State will use funds under
this part only to make competitive subgrants to consortia to
conduct services and activities that further the development,
implementation, and improvement of tech-prep education
programs throughout the State in accordance with the purposes
of this Act; and
``(B) a description of how tech-prep education programs
under this part will relate to, and be integrated with, the
career preparation education programs, services, and
activities supported in the State under part A of this title.
``(c) State Report.--Any State that receives a grant under
this part shall annually report to the Secretary on the
quality and effectiveness of its services and activities
provided under the grant, based on the performance goals and
indicators, as appropriate, established under section 106.
Such report shall be part of the report that the State
submits in accordance with section 102(d).
``local activities
``Sec. 113. (a) General Authority.--Each recipient of a
subgrant under this part shall use such funds to develop,
implement, or improve a tech-prep education program described
in section 111.
``(b) Additional Activities.--A recipient of a subgrant
under this part may use such funds to--
``(1) acquire tech-prep education program equipment,
subject to subsection (c); and
``(2) obtain technical assistance from State or local
entities that have successfully designed, established, and
operated tech-prep programs.
``(c) Equipment.--Equipment acquired or adapted with funds
under this part may be used for other instructional purposes
when not being used to carry out this part if such
acquisition or adaptation is reasonable and necessary for
providing services or activities under this part and such
other use is incidental to, does not interfere with, and does
not add to the cost of, the use of such equipment under this
part.
``local applications
``Sec. 114. (a) Articulation Agreement.--A consortium that
desires to receive a subgrant under this part shall submit to
the agency or agencies designated under section 102(a) a
written articulation agreement among the consortium
participants that describes each participant's role in
carrying out the tech-prep education program.
``(b) Application Requirement.--(1) A consortium that
desires to receive a subgrant under this part shall,
according to requirements established by the State, submit an
application to the agency or agencies designated under
section 102(a). In addition to including such information as
the State may require and identifying the results the
consortium seeks to achieve, each application shall also
describe how the consortium will--
``(A) use funds under this part to develop, improve, or
implement a tech-prep education program;
``(B) evaluate progress toward the results it seeks to
achieve, consistent with the performance goals and indicators
established under section 106;
``(C) coordinate its services and activities with related
services and activities offered by community-based
organizations, employers, and labor organizations, and, to
the extent possible, integrate its services and activities
under this part with career preparation education programs,
services, and activities, broad education reforms, and
relevant employment, training, and welfare programs carried
out in the State; and
``(D) consult with students, their parents, and other
interested individuals or groups (including employers and
labor organizations), in developing their services and
activities.
``(2) A consortium may submit its application as part of
the application for funds under part A of this title.
``(c) Approval and Special Consideration.--(1) The agency
or agencies designated under section 102(a) shall approve
applications based on their potential to create an effective
tech-prep education program as described in section 111.
``(2) The designated agency or agencies shall give special
consideration to applications that--
``(A) provide for effective employment placement activities
and for the transfer of students to 4-year baccalaureate
degree programs;
``(B) are developed in consultation with business,
industry, labor organizations, and institutions of higher
education that award bachelor's degrees;
``(C) address effectively the needs of special populations;
and
``(D) demonstrate the use of tech-prep education programs
as a primary strategy for systemic educational reform.
``EVALUATION, IMPROVEMENT AND ACCOUNTABILITY
``Sec. 115. (a) Local Evaluation.--(1) Each recipient of a
subgrant under this part shall--
``(A) annually evaluate, using the performance goals and
indicators described in section 106, as appropriate, and
report to the State regarding, its use of funds under this
part to develop, implement, or improve tech-prep education
programs described under section 111; and
``(B) biennially evaluate and report to the State
regarding, the effectiveness of its services and activities
supported under this part in achieving the purposes of this
Act, including the progress of students who are members of
special populations.
``(2) Such recipient may evaluate portions of its entire
tech-prep education program, including portions that are not
supported under this part. If such recipient does so, it need
not evaluate separately that portion of its entire tech-prep
education program supported with funds under this part.
``(b) Improvement Activities.--If a State determines, based
on the local evaluation conducted under subsection (a) and
applicable performance goals and indicators established under
section 106, that a recipient of a subgrant under this part
is not making substantial progress in achieving the purpose
of this Act, the State shall work jointly with the recipient
to develop a plan, in consultation with teachers, parents,
and students, for improvement for succeeding school years.
If, after not more than 2 years of implementation of the
improvement plan, the State determines that the recipient is
not making sufficient progress, the State shall take
[[Page S7000]]
whatever corrective action it deems necessary, consistent
with State law. The State shall take corrective action only
after it has provided technical assistance to the recipient
and shall ensure that any corrective action it takes allows
for continued tech-prep services and activities for the
recipient's students.
``(c) Technical Assistance.--If the Secretary determines
that the State is not properly implementing its
responsibilities under subsection (b), or is not making
substantial progress in meeting the purpose of this Act,
based on the performance goals and indicators and expected
level of performance included in its State plan under section
103(e)(2)(B), the Secretary shall work with the State to
implement improvement activities.
``(d) Withholding of Federal Funds.--If, after a reasonable
time, but not earlier than one year after of implementation
of the improvement activities described in subsection (c),
the Secretary determines that the State is not making
sufficient progress, based on the performance goals and
indicators and expected level of performance included in its
State plan under section 103(e)(2)(B), the Secretary shall,
after notice and opportunity for a hearing, withhold from the
State all, or a portion, of the State's allotment under this
part. The Secretary may use funds withheld under the
preceding sentence to provide, through alternative
arrangements, tech-prep services and activities within the
State that meet the purpose of this Act.
``ALLOTMENT AND DISTRIBUTION
``Sec. 116. (a) Allotment to States for Tech-Prep
Education.--(1) From the amount appropriated for this part
under section 3(a)(2) for each fiscal year, the Secretary
shall allot funds to each State for programs under this part
based on the ratio that its allotment under section 108 bears
to the sum of State allotments under part A for that fiscal
year.
``(2) From the State's allotment under paragraph (1), the
Secretary shall make a grant for each fiscal year to each
State that has an approved State plan in accordance with
section 112(b).
``(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 carrying out the tech-
prep education services and activities for which such amount
has been allotted, the Secretary shall make such amount
available for reallotment to one or more other States to
support tech-prep education services and activities. Any
amount reallotted to a State under this subsection shall be
deemed to be part of its allotment for the fiscal year in
which it is obligated.
``(c) Distribution of Funds.--From the amount made
available to each State under subsection (a)(2), the State
agency or agencies designated in section 102(a) shall award
subgrants to consortia of educational institutions on a
competitive basis.
``(d) Equitable Distribution of Assistance.--In making
subgrants under this part, the agency or agencies designated
under section 102(a) shall ensure an equitable distribution
of assistance between urban and rural areas of the State.
``TITLE II--NATIONAL SUPPORT FOR STATE AND LOCAL REFORMS
``AWARDS FOR EXCELLENCE
``Sec. 201. The Secretary may, from the amount reserved
under section 3(b)(1) for any fiscal year after the fiscal
year 2000, and through a peer review process, make
performance awards to one or more States that have--
``(1) exceeded in an outstanding manner their performance
goals or expected level of performance under section
103(e)(2)(B);
``(2) implemented exemplary career preparation education
programs, services, or activities in secondary and
postsecondary schools in accordance with the priorities
described in section 101(b); or
``(3) provided exemplary career preparation education
programs, services, or activities for students who are
members of special populations.
``national activities
``Sec. 202. (a) General Authority.--(1) In order to carry
out the purpose of this Act, the Secretary may, directly or
through grants, contracts, or cooperative agreements, carry
out research, development, dissemination, evaluation,
capacity-building, and technical assistance activities in
accord with the purposes of this Act, such as activities
relating to--
``(A) challenging State academic standards and industry-
recognized skill standards, including curricula and
assessments aligned with such standards;
``(B) the improvement in academic, technical,
communications and other skills of students participating in
career preparation education;
``(C) best practices in career preparation education,
including curricula, assessments, and supportive services;
``(D) effective career guidance and counseling practices,
including the identification of components of such programs
that meet the career preparation education needs of students;
``(E) the use of community- and work-based learning, job
shadowing, internships, entrepreneurship, and school-based
enterprises to further academic and technical skills
development;
``(F) the use of technology, including distance learning,
to enhance learning;
``(G) the preparation of students for new and advanced
technologies and industries, such as information technology
and telecommunications, biotechnology, and robotics;
``(H) enhancing employer-school partnerships;
``(I) the development of effective performance management
systems;
``(J) the creation of innovative learning environments with
a career focus, such as career academies, and public charter,
magnet, and pilot schools;
``(K) ``whole school'' reforms, in which all students are
expected to gain academic and computer and other technical
skills, and be prepared for postsecondary education and
career opportunities; and
``(L) improvements in technical education at the
postsecondary level.
``(2) The Secretary shall coordinate activities carried out
under this section with related activities under the School-
to-Work Opportunities Act of 1994, the Goals 2000: Educate
America Act, the Job Training Partnership Act, the Higher
Education Act of 1965, and the Elementary and Secondary
Education Act of 1965.
``(3) Research and development activities carried out under
this section may include support for States in their
development and implementation of performance goals and
indicators established under section 106. The Secretary shall
broadly disseminate information resulting from research and
development activities carried out under this Act, and shall
ensure broad access at the State and local levels to the
information disseminated.
``(4) Activities carried out under this section may include
support for occupational and career information systems, such
as the system described in section 206.
``(b) Professional Development.--(1) The Secretary may,
directly, or through grants, contracts, or cooperative
agreements, support professional development activities for
educators (including teachers, administrators, counselors,
mentors, and board members) to help to ensure that all
students receive an education that prepares them for
postsecondary education, further learning, and high-skill,
high-wage careers.
``(2)(A) Professional development activities supported
under this subsection shall--
``(i) be tied to challenging State academic standards and
industry-recognized skill standards;
``(ii) take into account recent research on teaching and
learning;
``(iii) be of sufficient intensity and duration to have a
positive and lasting impact on the educator's performance;
``(iv) include strong academic and technical skills content
and pedagogical components; and
``(v) be designed to improve educators' skills in such
areas as integrating academic and vocational instruction,
articulating secondary and postsecondary education, combining
school-based and work-based instruction and connecting
activities, using occupational and career information,
computer literacy, innovative uses of educational technology,
and all aspects of an industry.
``(B) Funds under this subsection may be used for such
activities as pre-service and inservice training, including
internships at employer sites, training of work-site
supervisors, and support for development of local, regional,
and national educator networks that facilitate the exchange
of information relevant to the development of career
preparation education programs.
``(3) In supporting activities under this subsection, the
Secretary shall give priority to designing and implementing
new models of professional development for educators, and
preparing educators to use innovative forms of instruction,
such as worksite learning and the integration of academic and
vocational instruction.
``national assessment
``Sec. 203. (a) General Authority.--(1) The Secretary shall
conduct a national assessment of services and activities
assisted under this Act, through independent studies and
analyses, including, when appropriate, studies based on data
from longitudinal surveys, that are conducted through one or
more competitive awards.
``(2) The Secretary shall appoint an independent advisory
panel, consisting of administrators, educators, researchers,
and representatives of employers, parents, counselors,
students, special populations, labor, and other relevant
groups, as well as representatives of Governors and other
State and local officials, to advise the Secretary on the
implementation of such assessment, including the issues to be
addressed, the methodology of the studies, and the findings
and recommendations. The panel, at its discretion, may submit
to the Congress an independent analysis of the findings and
recommendations of the assessment.
``(b) Contents.--The assessment required under subsection
(a) shall examine the extent to which services and activities
assisted under this Act have achieved their intended purposes
and results, including the extent to which--
``(1) State and local recipients are meeting the
performance objectives for their programs established by the
Secretary under the Government Performance and Results Act,
using the performance indicators under section 106(b);
``(2) State and local services and activities have
developed, implemented, or improved systems established under
the School-to-Work Opportunities Act of 1994;
[[Page S7001]]
``(3) services and activities assisted under this Act
succeed in preparing students, including students who are
members of special populations, for postsecondary education,
further learning, and entry into high-skill, high-wage
careers;
``(4) students who participate in services and activities
supported under this Act succeed in meeting challenging State
academic standards and industry-recognized skill standards;
``(5) services and activities assisted under this Act are
integrated with, and further, broad-based education reform;
and
``(6) the program improvement, participation, local and
State assessment, and accountability provisions of this Act,
including the performance goals and indicators established
under section 106, are effective.
``(c) Report.--The Secretary shall submit to the Congress
an interim report on or before July 1, 2001, and a final
report on or before July 1, 2002.
``national research center
``Sec. 204. (a) General Authority.--(1) The Secretary may,
through grants, contracts, or cooperative agreements,
establish one or more national centers in the areas of--
``(A) applied research and development; and
``(B) dissemination and training.
``(2) The Secretary shall consult with States prior to
establishing one or more such centers.
``(3) Entities eligible to receive funds under this section
are institutions of higher education, other public or private
nonprofit organizations or agencies, and consortia of such
institutions, organizations, or agencies.
``(b) Activities.--(1) The national center or centers shall
carry out such activities as the Secretary determines to be
appropriate to assist State and local recipients of funds
under this Act to achieve the purpose of this Act, which may
include activities in such areas as--
``(A) the integration of vocational and academic
instruction, secondary and postsecondary instruction, and
work-based and classroom-based instruction and connecting
activities;
``(B) effective inservice and preservice teacher education
that assists career preparation education systems at the
elementary, secondary, and postsecondary levels;
``(C) performance goals and indicators that serve to
improve career preparation education programs and student
outcomes;
``(D) effects of economic changes on the kinds of knowledge
and skills required for employment;
``(E) longitudinal studies of student achievement; and
``(F) dissemination and training activities related to the
applied research and demonstration activities described in
this subsection, which may also include--
``(i) serving as a repository for industry-recognized skill
standards, State academic standards, and related materials;
and
``(ii) developing and maintaining national networks of
educators who facilitate the development of career
preparation education systems.
``(2) The center or centers conducting the activities
described in paragraph (1) shall annually prepare a summary
of key research findings of such center or centers and shall
submit copies of the summary to the Secretaries of Education,
Labor, and Health and Human Services. The Secretary shall
submit that summary to the Committee on Labor and Human
Resources of the Senate, and the Committee on Education and
the Workforce of the House of Representatives.
``(c) Review.--From funds available for this title, the
Secretary shall--
``(1) consult at least annually with the national center or
centers and with experts in education to ensure that the
activities of the national center or centers meet the needs
of career preparation education programs; and
``(2) undertake an independent review of award recipients
under this section prior to extending an award to such
recipient beyond 5 years.
``data systems
``Sec. 205. (a) In General.--The Secretary shall maintain a
data system to collect information about, and report on, the
condition of career preparation education and on the
effectiveness of State and local programs, services, and
activities carried out under this Act in order to provide the
Secretary and the Congress, as well as Federal, State, local,
and tribal agencies, with information relevant to improvement
in the quality and effectiveness of career preparation. The
Secretary shall periodically report to the Congress on the
Secretary's analysis of performance data collected each year
pursuant to this Act.
``(b) Contents.--The data system shall--
``(1) provide information on the participation and
performance of students, including students who are members
of special populations;
``(2) include data that are at least nationally
representative;
``(3) report on career preparation in the context of
education reform; and
``(4) be based, to the extent feasible, on data from
general purpose data systems of the Department or other
Federal agencies, augmented as necessary with data from
additional surveys focusing on career preparation education.
``(c) Coordination.--(1) The Secretary shall consult with a
wide variety of experts in academic and occupational
education, including individuals with expertise in the
development and implementation of career preparation
education, in the development of data collections and reports
under this section.
``(2) In maintaining the data system, the Secretary shall--
``(A) ensure that the system, to the extent practicable,
uses comparable information elements and uniform definitions
common to State plans, performance indicators, and State and
local assessments; and
``(B) cooperate with the Secretaries of Commerce and Labor
to ensure that the data system is compatible with other
Federal information systems regarding occupational data, and
to the extent feasible, allow for international comparisons.
``(d) Assessments.--(1) As a regular part of its
assessments, the National Center for Education Statistics
shall, as appropriate, collect and report information on
career preparation education for a nationally representative
sample of students, including, to the extent feasible,
fair and accurate assessments of the educational
achievement of special populations. Such assessment may
include international comparisons.
``(2) The Commissioner of Education Statistics may
authorize a State educational agency, or consortium of such
agencies, to use items and data from the National Assessment
of Educational Progress for the purpose of evaluating a
course of study related to services and activities under
title I, if the Commissioner has determined in writing that
such use will not--
``(A) result in the identification of characteristics or
performance of individual schools or students;
``(B) result in the ranking or comparing of schools or
local educational agencies;
``(C) be used to evaluate the performance of teachers,
principals, or other local educators for reward or
punishment; or
``(D) corrupt the use or value of data collected for the
National Assessment.
``national occupational information coordinating committee
``Sec. 206. (a) In General.--There is established a
National Occupational Information Coordinating Committee (in
this section referred to as the `Committee') which shall
consist of the Assistant Secretary for Vocational and Adult
Education, the Commissioner of the Rehabilitation Services
Administration, the Director of the Office of Bilingual
Education and Minority Languages Affairs, the Assistant
Secretary for Postsecondary Education, the Assistant
Secretary for Elementary and Secondary Education, the
Commissioner of the National Center for Education Statistics
of the Department of Education, the Commissioner of Labor
Statistics and the Assistant Secretary for Employment and
Training of the Department of Labor, the Under Secretary for
Research, Education, and Economics of the Department of
Agriculture, the Assistant Secretary for Economic Development
of the Department of Commerce, and the Assistant Secretary of
Defense (Force Management and Personnel). The Committee shall
provide funds, on an annual basis, to State occupational
information coordinating committees and to eligible
recipients and shall--
``(1) in the use of program and employment data, improve
coordination and communication among administrators and
planners of education and employment and training programs,
including corrections and welfare programs, at the Federal,
State, and local levels;
``(2) coordinate the efforts of Federal, State, and local
agencies and tribal agencies with respect to such programs.
``(3) develop and implement, in cooperation with State and
local agencies, an occupational information system to meet
the common occupational information needs of education
programs and employment and training programs at the
national, State, and local levels;
``(4) conduct studies to improve the quality and delivery
of occupational and career information; and
``(5) develop curricula and career information resources
and provide training and technical assistance consistent with
section 453(b)(2) of the Job Training Partnership Act in
support of comprehensive guidance and counseling programs
designed to promote improved career decision making by
individuals.
``(b) State Committees.--Each State receiving assistance
under this Act shall establish a State occupational
information coordinating committee composed of
representatives of the State education, vocational education,
and postsecondary education agencies, the State employment
security agency, the State economic development agency, the
State job training coordinating council, and the agency
administering the vocational rehabilitation program. Such
committee shall, with funds available to it from the National
Occupational Information Coordinating Committee established
under subsection (a)--
``(1) implement an occupational information system in the
State that will meet the common needs for the planning for,
and the operation of, education and employment and training
programs, including corrections and welfare;
``(2) implement a career information delivery system; and,
``(3) conduct training and technical assistance in support
of personnel delivering career development services.
``(c) Allocation.--Of amounts made available by the
Secretary to carry out the provisions of this section, the
Committee shall
[[Page S7002]]
use not less than 75 percent of such funds to support State
occupational information coordinating committees for the
purpose of operating State occupational information systems
and career information delivery systems.
``(d) Gifts, Bequests, and Devises.--The Committee may
accept, administer, and use gifts or donations of services,
money, or property, whether real or personal, tangible or
intangible.
``(2) The responsible official shall establish written
rules setting forth the criteria to be used by the Committee
in determining whether the acceptance of contributions of
services, money, or property would reflect unfavorably upon
the ability of the Institute or any employee to carry out its
responsibilities or official duties in a fair and objective
manner, or would compromise the integrity, or the appearance
of the integrity, of its programs or any official involved in
those programs.
``(e) Experts and Consultants.--The Committee may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
``career preparation education for indians and native hawaiians
``Sec. 207. (a) Allotment for Indians and Native
Hawaiians.--In each fiscal year, from the amount the
Secretary reserves under section 3(b)(2)--
``(1) 1.5 percent shall be available for carrying out
subsections (b) and (c); and
``(2) 0.25 percent shall be available for carrying out
subsection (d).
``(d) Assistance to Tribes or Bureau-Funded Schools.--
(1)(A) From funds reserved under subsection (a)(1) for each
fiscal year, the Secretary shall make grants to, or enter
into cooperative agreements with, tribal organizations of
eligible Indian tribes or Bureau-funded schools to develop
and provide services and activities that are consistent with
the purpose of this Act and conducted in accordance with the
priorities described in section 101.
``(B) Any tribal organization or Bureau-funded school that
receives assistance under this subsection shall--
``(i) establish performance goals and indicators to define
the level of performance to be achieved by students served
under this subsection;
``(ii) evaluate the quality and effectiveness of services
and activities provided under this subsection;
``(iii) provide guidance and counseling services to
students; and
``(iv) help to ensure that students served under this
subsection have an opportunity to achieve to challenging
academic and industry recognized skill standards, receive
high school diplomas, skill certificates, and postsecondary
certificates or degrees, and enter employment related to
their course work.
``(2)(A) The Secretary shall make such a grant or
cooperative agreement--
``(i) upon the request of any Indian tribe that is eligible
to contract with the Secretary of the Interior for programs
under the Indian Self-Determination Act or the Act of April
16, 1934; or
``(ii) upon the application (filed under such conditions as
the Secretary may require) of any Bureau-funded school that
offers secondary programs.
``(B)(i) A grant or cooperative agreement under this
subsection with any tribal organizational shall be subject to
the terms and conditions of section 102 of the Indian Self-
Determination Act, except section 102(b), and shall be
conducted in accordance with the provisions of sections 4, 5,
and 6 of the Act of April 16, 1934 that are relevant to the
services and activities administered under this subsection.
An eligible applicant that receives written notification that
the Secretary will not award it a grant or cooperative
agreement may submit written objections to that notice in
accordance with regulations of the Secretary.
``(ii) A grant or cooperative agreement under this
subsection with any Bureau-funded school shall not be subject
to the requirements of the Indian Self-Determination Act of
the Act of April 16, 1934.
``(C) Any tribal organization or Bureau-funded school
eligible to receive assistance under this subsection may
apply individually or as part of a consortium with another
tribal organizational or school.
``(D) The Secretary may not place upon such grants or
cooperative agreements any restrictions relating to programs
or results other than those they apply to grants or
cooperative agreements to States under this Act.
``(3) Any tribal organization or Bureau-funded school
receiving assistance under this subsection may provide
stipends to students who are undertaking career preparation
education and who have acute economic needs that cannot be
met through work-study programs.
``(4) In making grants or cooperative agreements under this
subsection, the Secretary shall give special consideration to
awards that involve, are coordinated with, or encourage,
tribal economic development plans.
``(c) Assistant to Tribally Controlled Postsecondary
Vocational Institutions.--(1) The Secretary may make 4-year
grants to tribally controlled postsecondary vocational
institution to provide to Indian students services and
activities that are consistent with the purpose of this Act
and conducted in accordance with the priorities described in
section 101(b), including support for the operation,
maintenance, and capital expenses of such institution.
``(2) To be eligible for assistance under this subsection,
a tribally controlled postsecondary vocational institution
shall--
``(A) be governed by a board of directors or trustees, a
majority of whom are Indians;
``(B) demonstrate adherence to stated goals, a philosophy,
or a plan or operation that fosters individual Indian
economic self-sufficiency;
``(C) have been in operation for at least 3 years;
``(D) hold accreditation with, or be a candidate for
accreditation by, a nationally recognized accrediting
authority for postsecondary vocational education;
``(E) offer technical degrees or certificate-granting
programs; and
``(F) enroll the full-time equivalent of not less than 100
students, of whom a majority are Indians.
``(3) To receive assistance under this subsection, a
tribally controlled postsecondary vocational institution
shall apply to the Secretary in such manner and at such time
as the Secretary may require.
``(4) The Secretary shall, based on the availability of
appropriations, distribute to each tribally controlled
vocational institution having an approved application an
amount based on full-time equivalent Indian students at each
such institution.
``(d) Assistance to Native Hawaiians.--(1) In recognition
of the findings and declarations made by Congress in section
9202 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7902), the Secretary shall, from the funds
reserved under subsection (a)(2) for each fiscal year, make
one or more grants to, or enter into one or more cooperative
agreements with, organizations, institutions, or agencies
with experience providing educational and related services to
Native Hawaiians to develop and provide, for the benefit of
Native Hawaiians, services and activities that are consistent
with the purpose of this Act and conducted in accordance with
the priorities described in section 101(b).
``(2) To receive assistance under this subsection, the
organization, institution, or agency shall apply to the
Secretary in such manner and at such time as the Secretary
may require.
``(e) Accountability.--The Secretary shall require from
each institution assisted under this section such information
regarding fiscal control and program quality and
effectiveness as is reasonable.
``(f) Definitions.--For the purposes of this section:
``(1) The term `Bureau-funded school' has the same meaning
given `Bureau funded school' in section 1146(3) of the
Education Amendments of 1978 (25 U.S.C. 2026(3)).
``(2) The term `full-time equivalent Indian students' means
the sum of the number of Indian student enrolled full time at
an institution, plus the full-time equivalent of the number
of Indian students enrolled part time (determined on the
basis of the quotient of the sum of the credit hours of all
part-time students divided by 12) at such institution.
``(3) The term `Indian' means a member of an Indian tribe.
``(4) The term `Indian tribe' has the meaning given that
term in section 102(2) of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a(2)).
``TITLE III--GENERAL PROVISIONS
``waivers
``Sec. 301. (a) Request for Waiver.--Any State may request,
on its own behalf or on behalf of a local recipient, a waiver
by the Secretary of one or more statutory or regulatory
provisions described in this section in order to carry out
more effectively State efforts to reform education and
develop, implement, or improve career preparation education,
including tech-prep edcuation, in the State.
``(b) General Authority.--(1) Except as provided in
subsection (d), the Secretary may waive any requirement of
any statute listed in subsection (c), or of the regulations
issued under that statute, for a State that requests such a
waiver--
``(A) if, and only to the extent that the Secretary
determines that such requirement impedes the ability of the
State to carry out State efforts to reform education and
develop, implement, or improve career preparation education
in the State;
``(B) if the State waives, or agrees to waive, any similar
requirements of State law;
``(C) if, in the case of a statewide waiver, the State--
``(i) has provided all local recipients of assistance under
this Act in the State with notice of, and an opportunity to
comment on, the State's proposal to request a waiver; and
``(ii) has submitted the comments of such recipients to the
Secretary; and
``(D) if the State provided such information as the
Secretary reasonably requires in order to make such
determinations.
``(2) The Secretary shall act promptly on any request
submitted under paragraph (l).
``(3) Each waiver approved under this subsection shall be
for a period not to exceed five years, except that the
Secretary may extend such period if the Secretary determines
that the waiver has been effective in enabling the State to
carry out the purpose of this Act.
``(c) Programs.--(1) The statutes subject to the waiver
authority of the Secretary under this section are--
``(A) this Act;
``(B) part A of title I of the Elementary and Secondary
Education Act of 1965 (authorizing programs and activities to
help disadvantaged children meet high standards);
[[Page S7003]]
``(C) part B of title II of the Elementary and Secondary
Education Act of 1965 (Dwight D. Eisenhower Professional
Development Program);
``(D) title IV of the Elementary and Secondary Education
Act of 1965 (Safe and Drug-Free Schools and Communities Act
of 1994);
``(E) title VI of the Elementary and Secondary Education
Act of 1965 (Innovative Education Program Strategies);
``(F) part C of title VII of the Elementary and Secondary
Education Act of 1965 (Emergency Immigrant Education
Program); and
``(G) the School-to-Work Opportunities Act of 1994.
``(2) The Secretary may not waive any requirement under
paragraph (1)(G) without the concurrence of the Secretary of
Labor.
``(d) Waivers Not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs
listed in subsection (c) relating to--
``(1) the basic purposes or goals of the affected programs;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) the equitable participation of students attending
private schools;
``(5) parental participation and involvement;
``(6) the distribution of funds to States or to local
recipients;
``(7) the eligibility of an individual for participation in
the affected programs;
``(8) public health or safety, labor standards, civil
rights, occupational safety and health, or environmental
protection; or
``(9) prohibitions or restrictions relating to the
construction of buildings or facilities.
``(e) Termination of Waivers.--The Secondary shall
periodically review the performance of any State for which
the Secretary has granted a waiver under this section and
shall terminate such waiver if the Secretary determines that
the performance of the State affected by the waiver has been
inadequate to justify a continuation of the waiver, or the
State fails to waive similar requirements of State law in
accordance with subsection (b)(1)(B).
``effect of federal payments
``Sec. 302. (a) Student Financial Assistance.--(1) The
portion of any student financial assistance received under
this Act that is made available for attendance costs
described in paragraph (2) shall not be considered as income
or resources in determining eligibility for assistance under
any program of welfare benefits, including the Temporary
Assistance to Needy Families program, that is funded in whole
or part with Federal funds.
``(2) For purposes of this subsection, attendance costs
are--
``(A) tuition and fees normally assessed a student carrying
the same academic workload, as determined by the institution,
including costs for rental or purchase of any equipment,
materials, or supplies required of all students in the same
course of study; and
``(B) 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.
``(b) Institutional Aid.--No State shall take into
consideration payments under this Act in determining, for any
educational agency or institution in that State, the
eligibility for State aid, or the among of State aid, with
respect to public education within the State.
``maintenance of effort
``Sec. 303. (a) Except as provided in subsection (b), a
State may receive its full allotment of funds under part A
and part B for any fiscal year only if the Secretary finds
that either the fiscal effort per student or the aggregate
expenditures of such State for career preparation education,
including tech-prep education programs, for the fiscal year
preceding the fiscal year for which the determination is made
was not less than 90 percent of such fiscal effort or
aggregate expenditures for career preparation education for
the second fiscal year preceding the fiscal year for which
the determination is made.
(b) The Secretary shall reduce the amount of allotments of
funds under part A and part B for any fiscal year in the
exact proportion by which the State fails to meet the
requirements of subsection (a) by falling below 90 percent of
either the fiscal effort per student or aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under subsection (a) for subsequent years.
(c) The Secretary may waive, for one fiscal year only, the
requirements of this section if the Secretary determines that
such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of the State.
``identification of state-imposed requirements
``Sec. 304. Any State rule or policy imposed on the
provision of services or activities funded by this Act,
including any rule or policy based on State interpretation of
any Federal law, regulation, or guidelines, shall be
identified as a State-imposed requirement.
``out-of-state relocations
``Sec. 305. 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 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.
``entitlement
``Sec. 306. Nothing in this Act shall be construed to
provide any individual with an entitlement to services under
this Act.
``definitions
``Sec. 307. As used in this Act, unless otherwise noted:
``(1) The term `all aspects of an industry' has the same
meaning as given that term under section 4(1) of the School-
to-Work Opportunities Act of 1994.
``(2) The term `area vocational education school' means--
``(A) a special public high school that provides vocational
education to students who are preparing to earn a high school
diploma or its equivalency and to enter the labor market, or
``(B) a public technical institute or vocational school
that provides vocational education to individuals who have
completed or left high school and who are preparing to enter
the labor market.
``(3) The term `career guidance and counseling' has the
same meaning as given that term under section 4(4) of the
School-to-Work Opportunities Act of 1994.
``(4) The term `community-based organization' means any
such organization of demonstrated effectiveness described in
section 4(5) of the Job Training Partnership Act.
``(5) The term `institution of higher education' has the
same meaning as given that term under section 1201(a) of the
Higher Education Act of 1965.
``(6) The term `intermediate educational agency' means a
combination of school districts or counties (as defined in
section 14101(9) of the Elementary and Secondary Education
Act of 1965) as are recognized in a State as an
administrative agency for the State's career preparation
education schools or for career preparation education
programs within its public elementary or secondary schools.
``(7) The term `limited English proficiency' has the
meaning given such term in section 7501(8) of the Elementary
and Secondary Education Act of 1965.
``(8) The term `local educational agency' has the same
meaning as given that term under section 4(10) of the School-
to-Work Opportunities Act of 1994.
``(9) The term `postsecondary educational institution'
means--
``(A) an institution of higher education, as defined in
section 1201(a) of the Higher Education Act of 1965, that
provides not less than a 2-year program which is acceptable
for full credit toward a bachelor's degree;
``(B) a tribally controlled community college; or
``(C) a not-for-profit educational institution offering
apprenticeship programs of at least 2 years beyond the
completion of secondary school.
``(10) The term `school dropout' has the same meaning as
given that term under section 4(17) of the School-to-Work
Opportunities Act of 1994.
``(11) The term `Secretary' means the Secretary of
Education.
``(12) The term `skill certificate' has the same meaning as
given that term under section 4(22) of the School-to-Work
Opportunities Act of 1994.
``(13) The term `special populations' includes students
with disabilities, educationally or economically
disadvantaged students, students of limited English
proficiency, displaced homemakers, teen parents, single
pregnant women, foster children, migrant children, school
dropouts, students who are identified as being at-risk of
dropping out of secondary school, students who are seeking to
prepare for occupations that are not traditional for their
gender, and, to the extent feasible, individuals younger than
age 25 in correctional institutions.
``(14) except as otherwise provided, the term `State'
includes, in addition to each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands.
``(15) The term `State educational agency' has the same
meaning as given that term under section 4(24) of the School-
to-Work Opportunities Act of 1994.
``(16) The term `students with disabilities' means students
who have a disability or disabilities, as such term is
defined in section 3(2) of the Americans With Disabilities
Act of 1990.
``(17) The term `tribally controlled community college'
means an institution that receives assistance under the
Tribally Controlled Community College Assistance Act of 1976
or the Navajo Community College Act.''.
TITLE II--EFFECTIVE DATES; TRANSITION
Effective Date
Sec. 201. This Act shall take effect on July 1, 1998.
Transition
Sec. 202. Notwithstanding any other provisions of law--
(1) upon enactment of the Career Preparation Education
Reform Act of 1997, a State or local recipient of funds under
the Carl D. Perkins Vocational and Applied Technology
Education Act may use any such unexpended funds to carry out
services and activities that are authorized by either such
Act or the Carl D. Perkins Career Preparation Education Act;
and
[[Page S7004]]
(2) a State or local recipient of funds under the Carl D.
Perkins Career Preparation Education Act for the fiscal year
1998 may use such funds to carry out services and activities
that are authorized by either such Act or were authorized by
the Carl D. Perkins Vocational and Applied Technology
Education Act prior to its amendment.
TITLE III--AMENDMENTS TO OTHER ACTS
amendments to the job training partnership act
Sec. 301. The Job Training Partnership Act (29 U.S.C. 1501
et seq.) is amended--
(1) in section (4)--
(A) in paragraph (14), by striking ``in section 521(22) of
the Carl D. Perkins Vocational Education Act'' and inserting
in lieu thereof ``section 4(10) of the School-to-Work
Opportunities Act of 1994''; and
(B) in paragraph (28), by striking ``Vocational Education
Act'' and inserting in lieu thereof ``Vocational and Applied
Technology Education Act as in effect on the day prior to the
date of enactment of the Career Preparation Education Reform
Act of 1997'';
(2) in section 121(a)(2), by adding at the end thereof the
following sentence: ``The State may submit such plan as part
of a State plan, or amendment to a State plan, under the Carl
D. Perkins Career Preparation Education Act or the School-to-
Work Opportunities Act of 1994.'';
(3) in section 122(b)--
(A) by amending paragraph (8) to read as follows:
``(8) consult with the appropriate State agency under
section 105 of the Carl D. Perkins Career Preparation
Education Act to obtain a summary of activities and an
analysis of result in training women in nontraditional
employment under such Act, and annually disseminate such
summary to service delivery areas, service providers
throughout the State, and the Secretary;''; and
(B) in paragraph (11)(B), by striking ``section 113(b)(14)
of the Carl D. Perkins Vocational Education Act'' and
inserting in lieu thereof ``section 105(e)(2) of the Carl D.
Perkins Career Preparation Education Act'';
(4) in section 123(c)--
(A) in paragraph (1)(E)(iii), by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2301 et seq.)'' and inserting in lieu thereof ``Carl D.
Perkins Career Preparation Education Act''; and
(B) in paragraph (2)(D)(iii), by striking ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation'';
(5) in section 125--
(A) in subsection (a), by inserting after ``coordinating
committee'' a comma and ``as described in section 422(b) of
the Carl D. Perkins Vocational and Applied Technology
Education Act as in effect on the day prior to the date of
enactment of the Career Preparation Education Reform Act of
1997,'';
(B) in subsection (b)(1), by striking out ``Vocational''
and inserting in lieu thereof ``Career Preparation''; and
(C) ion subsection (c), by inserting after ``Coordinating
Committee'' a comma and ``as established in section 422(a) of
the Carl D. Perkins Vocational and Applied Technology
Education Act as in effect on the day prior to the date of
enactment of the Career Preparation Education Reform Act of
1997,'';
(6) in section 205(a)(2), by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2301 et seq.)'' and inserting in lieu thereof ``Carl D.
Perkins Career Preparation Education Act'';
(7) in section 265(b)(3), by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2301 et seq.)'' and inserting in lieu thereof ``Carl D.
Perkins Career Preparation Education Act'';
(8) in section 314(g)(2), by striking out ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation'';
(9) in section 427(a)(1), by striking ``local agencies,
including a State board or agency designated pursuant to
section 111(a)(1) of the Carl D. Perkins Vocational Act which
operates or wishes to develop area vocational education
school facilities or residential vocational schools (or both)
as authorized by such Act, or private organizations'' and
inserting in lieu thereof ``local agencies, or private
organizations'';
(10) in section 455(b), by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2301 et seq.)'' and inserting in lieu thereof ``Carl D.
Perkins Career Preparation Education Act'';
(11) in section 461(c), by striking out ``Vocational'' and
inserting in lieu thereof ``Career Preparation'';
(12) in section 464--
(A) in subsection (a), by striking out ``Carl D. Perkins
Vocational Education Act)'' and inserting in lieu thereof
``Carl D. Perkins Vocational and Applied Technology Education
Act as in effect on the day prior to the date of enactment of
the Career Preparation Education Reform Act of 1997)'';
(B) in subsection (b), by striking out ``In addition to its
responsibilities under the Carl D. Perkins Vocational
Education Act, the'' and inserting in lieu thereof ``The'';
and
(C) in subsection (c), by striking out ``this Act, under
section 422 of the Carl D. Perkins Vocational Education Act,
and'' and inserting in lieu thereof ``this Act and'';
(13) in section 605(c), by striking out ``Vocational
Education Act)'' and inserting in lieu thereof ``Vocational
and Applied Technology Education Act as in effect on the day
prior to the date of enactment of the Career Preparation
Education Reform Act of 1995)'';
(14) in section 701(b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--For purposes of this title, the term
`applicable Federal human resource program' includes any
program authorized under the provisions of law described
under paragraph (2)(A) that the Governor and the head of the
State agency or agencies responsible for the administration
of such program jointly agree to include within the
jurisdiction of the State Council.''; and
(B) in paragraph (2)(A)(ii), by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2301 et seq.)'' and inserting in lieu thereof ``Carl D.
Perkins Career Preparation Education Act''; and
(15) in section 703(a)(2), by striking the comma after
``section 123(a)(2)(D)'' and ``except that, with respect to
the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.), such State may use
funds only to the extent provided under section 112(g) of
such Act''.
amendments to the adult education act
Sec. 302. The Adult Education Act (20 U.S.C. 1201 et seq.)
is amended--
(1) in section 322(a)(4), by striking ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation'';
(2) in section 342--
(A) in subsection (c)(11), by striking ``Carl D. Perkins
Vocational Education Act of 1963'' and inserting in lieu
thereof ``Carl D. Perkins Career Preparation Education Act'';
and
(B) in subsection (d), by striking ``Vocational'' and
inserting in lieu thereof ``Career Preparation''; and
(3) by amending section 384(d)(1)(D)(ii) to read as
follows:
``(ii) be coordinated with activities conducted by other
educational and training entities that provide relevant
technical assistance;''.
amendments to the school-to-work opportunities act of 1994
Sec. 303. The School-to-Work Opportunities Act (20 U.S.C.
1601 et seq.) is amended--
(1) in section 202(a)(3), by striking ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation'';
(2) in section 203(b)(2), by striking clause (I) and
redesignating clauses (J) and (K) as clauses (I) and (J),
respectively;
(3) in section 213--
(A) in subsection (d)(6)(B), by striking ``Vocational and
Applied technology'' and inserting in lieu thereof ``Career
Preparation'', and
(B) in subsection (b)(4), by striking clause (I) and
redesignating clauses (J) and (K) as clauses (I) and (J),
respectively,
(4) in section 403(a), by striking ``the individuals
assigned under section 111(b)(1) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2321(b)(1)),'',
(5) in section 404--
(A) by inserting ``and'' after ``(29 U.S.C. 1733(b)),'';
and
(B) by striking ``and the National Network for Curriculum
Coordination in Vocational Education under section 402(c) of
the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2402(C)),'';
(6) in section 502(b)(6), by striking ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation''; and
(7) in section 505--
(A) in subsection (a)(2)(B)(i), by striking ``section
102(a)(3) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2312(a)(3)'' and
inserting in lieu thereof ``section 112(c) of the Carl D.
Perkins Career Preparation Education Act''; and
(B) in subsection (e), by striking ``section 201(b) of the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2312(a)(3)'' and inserting in lieu thereof
``section 102 of the Carl D. Perkins Career Preparation
Education Act''.
AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
Sec. 304. The Elementary and Secondary Education At of 1965
(20 U.S.C. 6301 et seq.) is amended--
(1) in section 1114(b)(2)(C)(v), by striking ``Vocational
and Applied Technology'' and inserting in lieu thereof
``Career Preparation'';
(2) in section 9115(b)(5), by striking ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation'';
(3) by amending section 14302(a)(2)(C) to read as follows:
``(C) services and activities under section 102 of the Carl
D. Perkins Career Preparation Education Act;'' and
(4) in section 14307(a)(1), by striking ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation''.
AMENDMENTS TO THE GOALS 2000: EDUCATE AMERICA ACT
Sec. 305. The Goals 2000: Educate America Act (20 U.S.C.
5801 et seq.) is amended--
(1) in section 306--
(A) in subsection (c)(1)(A), by inserting before the
semicolon at the end thereof a comma and ``as in effect on
the day prior to the date of enactment of the Career
Preparation Education Reform Act of 1997, until not later
than July 1, 2000, and the performance goals and indicators
developed pursuant to section 107 of the Carl D. Perkins
Career Preparation Education Act thereafter''; and
(B) in subsection (1), by striking out ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation''; and
[[Page S7005]]
(2) in section 311(b)(6), by striking out ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation''.
other technical and conforming amendments
Sec. 306. (a) Higher Education Act of 1965.--The Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended--
(1) by amending section 127(2) to read as follows:
``(2) have, as one of the partners participating in an
articulation agreement, an entity that uses funds under title
I of the Carl D. Perkins Career Preparation Education Act to
support tech-prep education services and activities;'';
(2) in section 481(a)(3)(A), by striking ``section
521(4)(C) of the Carl D. Perkins Vocational and Applied
Technology Education Act'' and inserting in lieu thereof
``section 305(3)(B) of the Carl D. Perkins Career Preparation
Education Act'';
(3) in section 484(l)(1), by striking ``section 521(4)(C)
of the Carl D. Perkins Vocational and Applied Technology
Education Act'' and inserting in lieu thereof ``section
305(3)(B) of the Carl D. Perkins Career Preparation Education
Act''; and
(4) in section 503(b)(2)(B)(vi), by striking ``in a Tech-
Prep program under section 344 of the Carl D. Perkins
Vocational and Applied Technology Education Act'' and
inserting in lieu thereof ``in a tech-prep program supported
through services and activities under the Carl D. Perkins
Career Preparation Education Act''.
(b) Individuals With Disabilities Education Act.--Section
626(g) of the Individuals and Disabilities Education Act (20
U.S.C. 1400 et seq.) is amended by striking out ``Vocational
and Applied Technology'' and inserting in lieu thereof
``Career Preparation''.
(c) Rehabilitation Act of 1973.--Section 101(a)(11)(A) of
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is
amended by striking out ``Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.)'' and inserting in
lieu thereof ``Career Preparation Education Act''.
(d) Displaced Homemakers Self-Sufficiency Assistance Act.--
Section 9(a)(2) of the displaced Homemakers Self-Sufficiency
Assistance Act (29 U.S.C. 2301 et seq.) is amended by
inserting ``as in effect on the day prior to the date of
enactment of the Career Preparation Education Reform Act of
1997 or the State agency or agencies designated under section
102(a) of the Carl D. Perkins Career Preparation Education
Act,''.
(e) Wagner-Peyser Act.--Section 7(c)(2)(A) of the Act of
June 6, 1933 (29 U.S.C. 49 et seq.) is amended by striking
out ``Vocational and Applied Technology'' and inserting in
lieu thereof ``Career Preparation''.
(f) Equity in Educational Land-Grant Status Act of 1994.--
Section 533(c)(4)(A) of the Equity in Education Land-Grant
Status Act of 1994 (7 U.S.C. 301 note; part C of title V of
the Improving America's Schools Act) is amended by inserting
after ``(20 U.S.C. 2397h(3))'' a comma and ``as in effect on
the day prior to the date of enactment of the Career
Preparation Education Reform Act of 1997.''.
(g) Title 31, Chapter 67, of the United States Code.--
Section 6703(A)(12) of title 31, United States Code (as added
by section 31001 of the Violent Crime Control and Law
Enforcement Act of 1994) is amended by striking out
``Vocational and Applied Technology'' and inserting in lieu
thereof ``Career Preparation''.
(h) Nontraditional Employment for Women Act.--Section
2(b)(3) of the Nontraditional Employment for Women Act (29
U.S.C. 1501 note) is amended by striking out ``Vocational and
Applied Technology'' and inserting in lieu thereof ``Career
Preparation''.
(i) Training Technology Transfer Act of 1988.--Section
6107(6) of the Training Technology Transfer Act of 1988 (20
U.S.C. 5091 et seq.) is amended by inserting before the
semicolon at the end thereof a comma and ``as in effect on
the day prior to the date of enactment of the Career
Preparation Education Reform Act of 1997''.
(j) General Redesignation.--Any other references to the
Carl D. Perkins Vocational and Applied Technology Education
Act shall be deemed to refer to the Carl D. Perkins Career
Preparation Education Act.
____
S. 994
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, That this Act may be cited as the ``Adult Basic
Education and Literacy for the Twenty-First Century Act.''
TITLE I--AMENDMENT TO THE ADULT EDUCATION ACT AMENDMENT
Sec. 101. The Adult Education Act (20 U.S.C. 1201 et seq.;
hereinafter referred to as ``the Act'') is amended in its
entirety to read as follows:
``TITLE III--ADULT BASIC EDUCATION AND LITERACY PROGRAMS
``Sec. 301. (a) Short Title.--This title may be cited as
the `Adult basic Education and Literacy Act'.
``(b) Table of Contents.--The table of contents for this
title is as follows:
``TABLE OF CONTENTS
``Sec. 301. Short title; table of contents.
``Sec. 302. Findings; purpose.
``Sec. 303. Authorization of appropriations.
``Part A--Adult Education and Literacy
``Sec. 311. Program Authority; Priorities.
``Sec. 312. State Grants for Adult Education and Literacy.
``Sec. 313. State Leadership Activities.
``Sec. 314. State Administration.
``Sec. 315. State Plan.
``Sec. 316. Awards to Eligible Applicants.
``Sec. 317. Applications From Eligible Applicants.
``Sec. 318. State Performance Goals and Indicators.
``Sec. 319. Evaluation, Improvement, and Accountability.
``Sec. 320. Allotments; Reallotment.
``Part B--National Leadership
``Sec. 331. National Leadership Activities.
``Sec. 332. Awards for National Excellence.
``Sec. 333. National Institute for Literacy.
``Part C--General Provisions
``Sec. 341. Waivers.
``Sec. 342. Definitions.
``findings; purpose
``Sec. 302. (a) Findings.--The Congress finds that:
``(1) Our Nation's well-being is dependent on the knowledge
and skills of all of its citizens.
``(2) Advances in technology and changes in the workplace
are rapidly increasing the knowledge and skill requirements
for workers.
``(3) Our social cohesion and success in combating poverty,
crime, and disease also depend on the Nation's having an
educated citizenry.
``(4) There is a strong relationship between parents'
education and literacy and their children's educational
achievement. The success of State and local educational
reforms supported by the Goals 2000: Educate America Act and
other programs that State and local communities are
implementing requires that parents be well educated and
possess the ability to be a child's first and most continuous
teacher.
``(5) There is a strong relationship between literacy and
poverty. Data from the 1993 National Adult Literacy Survey
show that adults with very low levels of literacy are ten
times as likely to be poor as those with high levels of
literacy.
``(6) Studies, including the National Adult Literacy
Survey, have found that more than one-fifth of American
adults demonstrate very low literacy skills that make it
difficult for them to be economically self-sufficient, much
less enter high-skill, high-wage jobs, or to assist
effectively in their children's education.
``(7) Many Americans desire English instruction to help
them exercise their rights and responsibilities as citizens.
``(8) National studies have also shown that existing
federally supported adult education programs have assisted
many adults in acquiring basic literacy skills, learning
English, or acquiring a high school diploma (or its
equivalent), and that family literacy programs have shown
great potential for breaking the intergenerational cycle of
low literacy and having a positive effect on later school
performance and high school completion, especially for
children from low-income families.
``(9) Currently, the Adult Education Act lacks adequate
accountability requirements, and contains set-asides and
categorical programs that are often narrowly focused on
specific populations or methods of service delivery, thus
inhibiting the capacity of State and local officials to
implement programs that meet the needs of individual States
and localities.
``(10) The Federal Government, in partnership with States
and localities, can assist States and localities to improve
and expand their adult education and literacy programs
through provision of clear performance goals and indicators,
increased State and local flexibility, improved
accountability, and incentives for performance.
``(11) The Federal Government can also assist States and
localities by supporting research, development,
demonstration, dissemination, evaluation, capacity-building,
data collection, professional development, and technical
assistance activities that further State and local efforts to
improve student achievement in adult education and literacy
programs.
``(b) Purpose.--(1) It is the purpose of this title to
create a performance partnership that includes the Federal
government, States, and localities to help provide for adult
education and literacy services so that, as called for in the
National Education Goals, all adults who need such services
will, as appropriate, be able to--
``(A) become literate and obtain the knowledge and skills
needed to compete in a global economy and exercise the rights
and responsibilities of citizenship;
``(B) complete a high school education; and
``(C) become their children's first teacher and remain
actively involved in their children's education in order to
ensure their children's readiness for, and success in,
school.
``(2) This purpose shall be pursued by--
``(A) building on State and local education reforms
supported by the Goals 2000: Educate America Act and other
Federal and State legislation;
``(B) consolidating numerous Federal adult education and
literacy programs into a single, flexible State grant
program;
``(C) tying local programs to challenging State-developed
performance goals that are consistent with the purpose of
this Act;
``(D) holding States and localities accountable for
achieving such goals;
``(E) building program quality through such measures as
improving instruction, encouraging greater use of technology
in adult
[[Page S7006]]
education and literacy programs, and improving the
professional development of educators working in those
programs;
``(F) integrating adult education and literacy programs
with States' school-to-work opportunities systems, secondary
and postsecondary education systems, job training programs,
welfare programs, early childhood and elementary school
programs, and other related activities;
``(G) supporting State leadership and program improvement
efforts; and
(H) supporting the improvement of State and local
activities through nationally significant efforts in
research, development, demonstration, dissemination,
evaluation, capacity-building, data collection, professional
development, and technical assistance.
``authorization of appropriations
``Sec. 303. (a) State Grants for Adult Education and
Literacy.--For the purpose of carrying out this title there
are authorized to be appropriated $394,000,000 for fiscal
year 1998 and such sums as may be necessary for each of the
fiscal years 1999 through 2005.
``(b) Reservations.--From the amount appropriated for any
fiscal year under subsection (a), the Secretary shall reserve
not more than 5 percent to carry out section 318(c)(2) and
part B of this Act, of which not more than 3 percent of the
amount appropriated for any fiscal year after 1999 under
subsection (a) may be used for awards for national excellence
under section 332.
``Part A--Adult Education and Literacy
``program authority; priorities
``Sec. 311. (a) Program Authorized.--In order to provide
adults with the skills they need as workers, citizens, and
parents, funds under this part shall be used to support the
development, implementation, and improvement of adult
education and literacy programs at the State and local
levels.
``(b) Program Priorities.--In using funds under this part,
States and local recipients shall give priority to adult
education and literacy programs that--
``(1) are built on a strong foundation of research and
effective educational practice;
``(2) effectively employ advances in technology, as
appropriate, such as using computers in the classroom and
technology that brings learning into the home;
``(3) provide learning in `real life' contexts, such as
work, the family, and citizenship;
``(4) are staffed by well-trained instructors, counselors,
and administrators;
``(5) are of sufficient intensity and duration for
participants to achieve substantial learning gains, such as
by earning a basic skills certificate that reflects skills
acquisition and has meaning to employers;
``(6) establish measurable goals for client outcomes, such
as levels of literacy achieved and attainment of a high
school diploma or its equivalent, that are tied to
challenging State performance standards for literacy
proficiency;
``(7) coordinate with other available resources in the
community, such as by establishing strong links with
elementary and secondary schools, postsecondary institutions,
one-stop career centers, job training programs, and social
service agencies;
``(8) offer flexible schedules and support services (such
as child care and transportation) that are necessary to
enable individuals, including adults with disabilities or
other special needs, to attend and complete programs; and
``(9) maintain a high-quality information management system
that has the capacity to report client outcomes and
to monitor program performance against the State goals and
indicators.
``state grants for adult education and literacy
``Sec. 312. (a) State Grant.--From the funds available for
State grants under section 303 for each fiscal year, the
Secretary shall, in accordance with section 320, make a grant
to each State that has an approved State plan under section
315, to assist that State in developing, implementing, and
improving adult education and literacy programs within the
State.
``(b) Reservation of Funds.--(1) From the amount awarded to
a State for any fiscal year under subsection (a), a State
may, subject to paragraph (2), use up to 18 percent for State
leadership activities under section 313 and the cost of
administering its program under this part.
``(2) A State may not use more than 5 percent of the amount
awarded to it for any fiscal year under subsection (a), or
$80,000, whichever is greater, for the cost of administering
its program under this part.
``(c) Federal Share.--(1) The Federal share of expenditures
to carry out a State plan under section 315 shall be paid
from the State's grant under subsection (a).
``(2) The Federal share shall be no greater than 75 percent
of the cost of carrying out the State plan for each fiscal
year, except that with respect to Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands the Federal
share may be 100 percent.
``(3) The State's share of expenditures to carry out a
State plan submitted under section 315 may be in cash or in
kind, fairly evaluated, and may include only non-Federal
funds that are used for adult education and literacy
activities in a manner that is consistent with the purposes
of this title.
``(d) Maintenance of Effort.--(1) A State may receive funds
under this part for any fiscal year only if the Secretary
finds that the amount expended by the State for adult
education and literacy, in the second preceding fiscal year,
was not less than 90 percent of the amount expended for adult
education and literacy, in the third preceding fiscal year.
``(2) The Secretary shall reduce the amount of the
allocation of funds to a State under section 320 for any
fiscal year in the proportion to which the State fails to
meet the requirement of paragraph (1) by expending in the
second preceding fiscal year for adult education and literacy
less than 90 percent of the amount the State expended in the
third preceding fiscal year for adult education and literacy.
``(3) The Secretary may waive the requirements of this
subsection for one fiscal year only if the Secretary
determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a
natural disaster or an unforeseen and precipitous decline in
the financial resources of the State.
``(4) If the Secretary reduces a State's allocation under
paragraph (2), or grants a waiver under paragraph (3), the
level of effort required under paragraph (1) shall not be
reduced in the subsequent fiscal year because of the
reduction or waiver.
``state leadership activities
``Sec. 313. (a) State Leadership.--(1) Each State that
receives a grant under section 312(a) for any fiscal year
shall use funds reserved for State leadership under section
312(b) to conduct activities of Statewide significance that
develop, implement, or improve programs of adult education
and literacy, consistent with its State plan under section
315.
``(2) In using funds reserved for State leadership
activities, each State shall, to the extent practicable,
avoid duplicating research and development efforts conducted
by other States.
``(b) Uses of Funds.--(1) States shall use funds under
subsection (a) for one or more of the following--
``(A) professional development and training;
``(B) developing and disseminating curricula for adult
education and literacy programs;
``(C) monitoring and evaluating the quality of, and
improvement in, services and activities conducted with
assistance under this part, including establishing
performance goals and indicators under section 318, in order
to assess program quality and improvement;
``(D) establishing State content standards for adult
education and literacy programs;
``(E) establishing challenging State performance standards
for literacy proficiency;
``(F) promoting the integration of literacy instruction and
occupational skill training, and linkages with employers;
``(G) promoting, and providing staff training in, the use
of instructional and management software and technology;
``(H) establishing program and professional development
networks to assist in meeting the purposes of this Act;
``(I) developing and participating in networks and
consortia of States, and in cooperative Federal-State
initiatives, that seek to establish and implement adult
education and literacy programs that have significance to the
State, region, or Nation; and
``(J) other activities of Statewide significance that
promote the purposes of this title.
``(2)(A) beginning in fiscal year 2000, States may use
funds under subsection (a) for financial incentives or awards
to one or more eligible recipients in recognition of--
``(i) exemplary quality or innovation in adult education or
literacy services and activities; or
``(ii) exemplary services and activities for individuals
who are most in need of such services and activities, or are
hardest to serve, such as educationally disadvantaged adults
and families, immigrants, individuals with limited English
proficiency, incarcerated individuals, homeless
individuals, recipients of public assistance, and
individuals with disabilities; or
``(iii) both.
``(B) The incentives or awards made under subparagraph (A)
shall be determined by the State using the performance goals
and indicators described in section 318 and, if appropriate,
other criteria that are consistent with the purposes of this
Act.
``state administration
``Sec. 314. (a) State Educational Agency.--The State
educational agency shall be responsible for the
administration of services and activities under this part,
including--
``(1) the development, submission, and implementation of
the State plan;
``(2) consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of programs assisted under
this title, such as business, industry, labor organizations,
corrections agencies, public housing agencies, and social
service agencies; and
``(3) coordination with other State and Federal education,
training, employment, corrections, public housing, and social
services programs, and one-stop career centers.
``(b) State-Imposed Requirements.--Whenever a State imposes
any rule or policy relating to the administration and
operation of programs funded by this part (including any rule
or policy based on State interpretation of any Federal law,
regulation, or guideline), it shall identify the rule or
policy as a State-imposed requirement.
[[Page S7007]]
``state plan
``Sec. 315. (a) Four-Year Plans.--(1) Each State desiring
to receive a grant under this part for any fiscal year shall
have the State educational agency submit to, or have on file
with, the Secretary a four-year State plan in accordance with
this section.
``(2) The State educational agency may submit the State
plan as part of a comprehensive plan that includes State plan
provisions under one or more of the following statutes:
section 14302 of the Elementary and Secondary Education Act
of 1965; the Carl D. Perkins Career Preparation Education Act
of 1997; the Goals 2000: Educate America Act; the Job
Training Partnership Act; and the School-to-Work
Opportunities Act of 1994.
``(b) Plan Assessment.--(1) In developing the State plan,
and any revisions to the State plan under subsection (e), the
State educational agency shall base its plan or revisions on
a recent, objective assessment of--
``(A) the needs of individuals in the State for adult
education and literacy programs, including individuals most
in need or hardest to serve (such as educationally
disadvantaged adults and families, immigrants, individuals
with limited English proficiency, incarcerated individuals,
homeless individuals, recipients of public assistance, and
individuals with disabilities); and
``(B) the capacity of programs and providers to meet those
needs, taking into account the priorities under section
311(b) and the State's performance goals under section
318(a).
``(2) In its second 4-year State plan, the State
educational agency shall also include in its assessment--
``(A) an analysis of the State's performance in progressing
toward its performance goals under the preceding 4-year State
plan; and
``(B) any changes in the second 4-year State plan that have
been made based on that analysis.
``(c) Public Participation.--In developing the State plan,
and any revisions under subsection (e), the State educational
agency shall consult widely with individuals, agencies,
organizations, and institutions in the State that have an
interest in the provision and quality of adult education and
literacy, including--
``(1) individuals who currently participate, or who want to
participate, in adult education and literacy programs;
``(2) practitioners and experts in adult education and
literacy, social services, and workforce development;
``(3) representatives of business and labor organizations;
and
``(4) other agencies, such as volunteer and community-based
organizations, State and local health, social service, public
housing, public assistance, job training, and corrections
agencies, and public libraries.
``(d) Plan Contents.--The plan shall be in such form and
contain such information and assurances as the Secretary may
require, and shall include--
``(1) a summary of the methods used to conduct the
assessment under subsection (b) and the findings of that
assessment;
``(2) a description of how, in addressing the needs
identified in the State's assessment, funds under this title
will be used to establish adult education and literacy
programs, or improve or expand current programs, that will
lead to high-quality learning outcomes, including measurable
learning gains, for individuals in such programs;
``(3) a statement, expressed in terms of the performance
indicators published by the Secretary under section 318(b),
and any other performance indicators the State may choose, of
the State's performance goals established under section
318(a) and the level of performance the State expects to
achieve in progressing toward its performance goals during
the life of the State plan;
``(4) a description of the criteria the State will use to
award funds under this title to eligible applicants under
section 316, including how the State will ensure that
its selection of applicants to operate programs assisted
under this Part will reflect the program priorities under
section 311(b) and the findings of program evaluations
carried out under section 319(a);
``(5) a description of how the State will integrate
services and activities under this title, including planning
and coordination of programs, with those of other agencies,
institutions, and organizations involved in adult education
and literacy, such as the public school system, early
childhood and special education programs, institutions of
higher education, vocational education programs, libraries,
business and labor organizations, vocational rehabilitation
programs, one-stop career centers, employment and training
programs, and health, social services, public assistance,
public housing, and corrections agencies, in order to ensure
effective use of funds and to avoid duplication of services;
``(6) a description of how the State will ensure that the
data reported to it from its recipients of funds under this
part and the data it reports to the Secretary are complete,
accurate, and reliable;
``(7) a State-wide plan for the leadership activities the
State will carry out under section 313;
``(8) a description of how the State will provide
incentives or rewards for exemplary services and activities
under this part, if the State elects to implement the
authority authorized under section 313(b)(2);
``(9) any comments the Governor may have on the State plan;
and
``(10) assurances that--
``(A) the State will comply with the requirements of this
part and the provisions of the State plan; and
``(B) the State will use such fiscal control and accounting
procedures as are necessary for the proper and efficient
administration of funds under this part.
``(e) Plan Revisions.--When changes in conditions or other
factors require substantial modifications to an approved
State plan, the State educational agency shall submit a
revision to the plan to the Secretary.
``(f) Consultation.--The State educational agency shall--
``(1) submit the State plan, and any revision to the State
plan, to the Governor for review and comment; and
``(2) ensure that any comments the Governor may have are
included with the State plan, or revision, when the State
plan, or revision, is submitted to the Secretary.
``(g) Plan Approval.--(1) The Secretary shall approve a
State plan, or a revision to an approved State plan, only if
the Secretary determines that it meets the requirements of
this section and the State's performance goals and expected
level of performance under subsection (d)(3) are sufficiently
rigorous as to meet the purposes of this title and to allow
the Department of Education to make progress toward its
performance objectives and indicators established pursuant to
the Government Performance and Results Act. The Secretary
shall not finally disapprove a State plan, or a revision
to an approved State plan, except after giving the State
reasonable notice and an opportunity for a hearing.
``(2) The Secretary shall establish a peer review process
to make recommendations regarding approval of State plans and
revisions to the State plans.
``awards to eligible applicants
``Sec. 316. (a). Awards.--(1) From funds available under
section 312, States shall make subgrants and contracts, as
appropriate, to eligible applicants under subsection (b) to
develop, implement, and improve adult education and literacy
programs within the State.
``(2) To the extent practicable, States shall make multi-
year awards under this section.
``(b) Eligibility.--(1) The following entities shall be
eligible to apply to the State for an award under this
section:
``(A) local educational agencies;
``(B) community-based organizations;
``(C) institutions of higher education;
``(D) public and private nonprofit agencies (including
State and local health, social service, public housing,
public assistance, job training, and corrections agencies and
public libraries); and
``(E) consortia of such agencies, organizations,
institutions, or partnerships, including consortia that
include one or more for-profit agencies, organizations, or
institutions, if such agencies, organizations, or
institutions can make a significant contribution to attaining
the purposes of this title.
``(2) Each State receiving funds under this part shall
ensure that all eligible applicants described under
subsection (b)(1) receive direct and equitable access to
awards under this section.
``applications from eligible applicants
``Sec. 317. (a) Application.--Any eligible applicant under
section 316(b)(1) that desires a subgrant or contract under
this part shall submit an application to the State containing
such information and assurances as the State may reasonably
require, including--
``(1) a description of the applicant's current adult
education and literacy programs, if any;
``(2) a description of how funds awarded under this part
will be spent;
``(3) a description of how the applicant's program will
help the State address the needs identified in the State's
assessment under section 315(b);
``(4) the projected goals of the applicant with respect to
participant recruitment, retention, and educational
achievement, and how the applicant will measure and report to
the State regarding the information required in section
319(a); and
``(5) any cooperative arrangements the applicant has with
others (including arrangements with health, social services,
public assistance, public housing, and corrections agencies,
libraries, one-stop career centers, business, industry,
labor, and volunteer literacy organizations) for the delivery
of adult education and literacy programs.
``(b) Funding.--In determining which applicants receive
funds under this part, the State, in addition to addressing
the program priorities under section 311(b), shall--
``(1) give preference to those applicants that serve local
areas with high concentrations of individuals in poverty or
with low levels of literacy (including English language
proficiency), or both; and
``(2) consider--
``(A) the results, if any, of the evaluations required
under section 319(a); and
``(B) the degree to which the applicant will coordinate
with and utilize other literacy and social services available
in the community.
``Performance Goals and Indicators
``Sec. 318. (a) Performance Goals.--Any State desiring to
receive a grant under section 312(a), in consultation with
individuals, agencies, organizations, and institutions
described in section 315(c), shall identify performance goals
that define the level of student achievement to be attained
by adult education and literacy programs, and express such
goals in an objective, quantifiable, and measurable form.
[[Page S7008]]
``(b) Performance Indicators.--(1) After consultation with
States, local educational agencies, service providers,
representatives of business and industry, institutions of
higher education, and other interested parties, the Secretary
shall publish in the Federal Register performance indicators
(including the definition of relevant terms) described in
paragraph (2) that States and local recipients shall use in
measuring or assessing progress toward achieving the State's
performance goals under subsection (a).
``(2) The Secretary shall publish performance indicators
for programs assisted under this part in the following areas:
``(A) achievement in the areas of reading, English language
acquisition, and numeracy;
``(B) receipt of a high school diploma or its equivalent;
``(C) entry into a postsecondary school, job training
program, employment, or career advancement; and
``(D) such other indicators as are determined by the
Secretary.
``(c) Technical Assistance.--(1) The Secretary shall
provide technical assistance to States regarding the
development of--
``(A) the State's performance goals under subsection (a);
and
``(B) uniform national performance data.
``(2) The Secretary may use funds reserved under section
303(b) to provide technical assistance under this section.
``Evaluation, Improvement, and Accountability
``Sec. 319. (a) Local Evaluation.--The adult education and
literacy programs of each recipient of a subgrant or contract
under this part shall be evaluated biennially, using the
performance goals and indicators established under section
318, and the recipient shall report to the State regarding
the effectiveness of its programs in addressing the
priorities under section 311 and the needs identified in the
State assessment under section 315(b).
``(b) Improvement Activities.--If, after reviewing the
reports required in subsection (a), a State determines, based
on the performance goals and indicators and expected level of
performance included in its State plan under section
315(d)(3), and the evaluations under subsection (9), that a
recipient is not making substantial progress in achieving the
purposes of this title, the State may work jointly with the
recipient to develop an improvement plan. If, after not more
than two years of implementation of the improvement plan, the
State determines that the recipient is not making substantial
progress, the State shall take whatever corrective action it
deems necessary, which may include termination of funding or
the implementation of alternative service arrangements,
consistent with State law. The State shall take corrective
action under the preceding sentence only after it has
provided technical assistance to the recipient and shall
ensure, to the extent practicable, that any corrective action
it takes allows for continued services to and activities for
the recipient's students.
``(c) State Report.--(1) The State educational agency shall
report annually to the Secretary on--
``(A) the quality and effectiveness of the adult education
and literacy programs funded through its subgrants and
contracts under this part, based on the performance goals and
indicators and the expected level of performance included in
its State plan under section 315(d)(3), and the needs
identified in the State assessment under section 315(b); and
``(B) its State leadership activities under section 313.
``(2) The State educational agency shall include in such
reports such information, and in such form, as the Secretary
may reasonably require, in order to ensure the collection of
uniform national data.
``(3) The State educational agency shall make available to
the public its State plan under section 315 and its annual
report under this subsection.
``(d) Technical Assistance.--If the Secretary determines
that the State is not properly implementing its
responsibilities under subsection (b), or is not making
substantial progress in meeting the purposes of this title,
based on the performance goals and indicators and expected
level of performance included in its State plan under section
315(d)(3), the Secretary shall work with the State to
implement improvement activities.
``(e) Withholding of Federal Funds.--If, after a reasonable
time, but not earlier than one year after implementing
activities described in subsection (d), the Secretary
determines that the State is not making sufficient progress,
based on its performance goals and indicators and expected
level of performance included in its State plan under section
315(d)(3), the Secretary shall, after notice and opportunity
for a hearing, withhold from the State all, or a portion, of
the State's allotment under this part. The Secretary may use
funds withheld under the preceding sentence to provide,
through alternative arrangements, services and activities
within the State that meet the purposes of this title.
``allotments; Reallotment
``Sec. 320. (a) Allotment to States.--(1) From the funds
available under section 312(a) for each fiscal year, the
Secretary shall allot to the Commonwealth of Puerto Rico,
Guam, American Samoa, the Northern Mariana Islands, and the
Virgin Islands, the amount that each would have been allotted
under section 313(b) of the Adult Education Act as it was in
effect the day before the enactment of the Adult Basic
Education and Literacy for the Twenty-First Century Act.
``(2) From the remainder of such sums, the Secretary shall
allot--
``(A) $250,000 to each of the States; and
``(B) from the remainder--
``(i) 95 percent of such remainder to each of the States in
an amount that bears the same ratio to such amount as the
number of adults in the State who are 16 years of age or
older and not enrolled, or required to be enrolled, in
secondary school and who do not possess a high school diploma
or its equivalent, bears to the number of such adults in all
the States; and
``(ii) 5 percent of such remainder to each of the States in
an amount that bears the same ratio to such amount as the
number of adults with limited English proficiency in the
State bears to the number of such adults in all the States.
``(3) The numbers of adults specified in paragraph (2)(B)
shall be determined by the Secretary, using the latest
estimates, satisfactory to the Secretary, that are based on
the U.S. population demographic data produced and published
by the Bureau of the Census.
``(b) Hold-Harmless.--(1) Notwithstanding subsection (a)--
``(A) for fiscal year 1998, no State shall receive under
this part an allotment that is less than 90 percent of the
payments made to the State for the fiscal year 1997 for
programs authorized by section 313 of the Adult Education Act
as it was in effect prior to the enactment of the Adult Basic
Education and Literacy for the Twenty-First Century Act; and
``(B) for fiscal year 1999 and each succeeding fiscal year,
no State shall receive under this part an allotment that is
less than 90 percent of the amount it received for the
preceding fiscal year for programs under this part.
``(2) If for any fiscal year the amount available for
allotment under this section is insufficient to satisfy the
provisions of paragraph (1), the Secretary shall ratably
reduce the payments to all States for such services and
activities as necessary.
``(c) Reallotment.--If the Secretary determines that any
amount of a State's allotment under this section for any
fiscal year will not be required for carrying out the program
for which such amount has been allotted, the Secretary shall
make such amount available for reallotment to one or more
other States or the basis that the Secretary determines would
best serve the purposes of this title. Any amount reallotted
to a State under this subsection shall be deemed to be part
of its allotment for the fiscal year in which it is
obligated.
``Part B--National Leadership
``national leadership activities
``Sec. 331. (a) Authority.--From the amount reserved under
section 303(b) for any fiscal year, the Secretary is
authorized to establish a program of national leadership and
evaluation activities to enhance the quality of adult
education and literacy nationwide.
``(b) Method of Funding.--The Secretary may carry out
national leadership and evaluation activities directly or
through grants, contracts, and cooperative agreements.
``(c) Uses of Funds.--Funds reserved under this section may
be used for--
``(1) research and development, such as estimates of the
numbers of adults functioning at the lowest levels of
literacy proficiency;
``(2) demonstration of model and innovative programs, such
as the development of models for basic skill certificates,
identification of effective strategies for working with
adults with learning disabilities and with limited English
proficient adults, and development of case studies of family
literacy and workplace literacy programs;
``(3) dissemination, such as information on promising
practices resulting from federally funded demonstration
programs;
``(4) evaluations and assessments, such as periodic
independent evaluations of services and activities assisted
under this title an assessments of the condition and progress
of literacy in the United States;
``(5) efforts to support capacity building at the State and
local levels, such as technical assistance in program
planning, assessment, evaluation, and monitoring of programs
under this title;
``(6) data collection, such as improvement of both local
and State data systems through technical assistance and
development of model performance data collection systems;
``(7) professional development, such as technical
assistance activities to advance effective training
practices, identify professional development projects, and
disseminate new findings in adult education training;
``(8) technical assistance, such as endeavors that aid
distance learning, promote and improve the use of technology
in the classroom, and assist States in meeting the purposes
of this title; and
``(9) other activities designed to enhance the quality of
adult education and literacy nationwide.
``awards for national excellence
``Sec. 332. The Secretary may, from the amount reserved
under section 303(b) for any fiscal year after fiscal year
1999, and through a peer review process, make performance
awards to one or more States that have--
``(1) exceeded in an outstanding manner their performance
goals or expected level of performance under section
315(d)(3);
[[Page S7009]]
``(2) made exemplary progress in developing, implementing,
or improving their adult education and literacy programs in
accordance with the priorities described in section 311; or
``(3) provided exemplary services and activities for those
individuals within the State who are most in need of adult
education and literacy services, or are hardest to serve.
``national institute for literacy
``Sec. 333. (a) Purpose.--The National Institute for
Literacy shall--
``(1) provide national leadership;
``(2) coordinate literacy services; and
``(3) be a national resource for adult education and family
literacy, by providing the best and most current information
available and supporting the creation of new ways to offer
improved services.
``(b) Establishment.--(1) There shall be a National
Institute for Literacy (in this section referred to as the
`Institute'). The Institute shall be administered under the
terms of an interagency agreement entered into by the
Secretary with the Secretary of Labor and the Secretary of
Health and Human Services (in this section referred to as the
`Interagency Group'). The Secretary may include in the
Institute any research and development center, institute, or
clearinghouse established within the Department of Education
whose purpose is determined by the Secretary to be related to
the purpose of the Institute.
``(2) The Interagency Group shall consider the
recommendations of the National Institute for Literacy
Advisory Board (the `Board') under subsection (e) in planning
the goals of the Institute and in the implementation of any
programs to achieve such goals. The daily operations of the
Institute shall be carried out by the Director.
``(c) Duties.--(1) In order to provide leadership for the
improvement and expansion of the system for delivery of
literacy services, the Institute is authorized to--
``(A) establish a national electronic data base of
information that disseminates information to the broadest
possible audience within the literacy and basic skills field,
and that includes--
``(i) effective practices in the provision of literacy and
basic skills instruction, including the integration of such
instruction with occupational skills training;
``(ii) public and private literacy and basic skills
programs and Federal, State, and local policies affecting the
provision of literacy services at the national, State, and
local levels;
``(iii) opportunities for technical assistance, meetings,
conferences, and other opportunities that lead to the
improvement of literacy and basic skills services; and
``(iv) a communication network for literacy programs,
providers, social service agencies, and students;
``(B) coordinate support for the provision of literacy and
basic skills services across Federal agencies and at the
State and local levels;
``(C) coordinate the support of research and development on
literacy and basic skills in families and adults across
Federal agencies, especially with the Office of Educational
Research and Improvement in the Department of Education, and
carry out basic and applied research and development on
topics that are not being investigated by other organizations
or agencies;
``(D) collect and disseminate information on methods of
advancing literacy that show great promise;
``(E) work with the National Education Goals Panel, assist
local, State, and national organizations and agencies in
making and measuring progress toward the National Education
Goals, as established by P.L. 103-227;
``(F) coordinate and share information with national
organizations and associations that are interested in
literacy and workforce development;
``(G) inform the development of policy with respect to
literacy and basic skills; and
``(H) undertake other activities that lead to the
improvement of the Nation's literacy delivery system and that
complement other such efforts being undertaken by public and
private agencies and organizations.
``(2) The Institute may enter into contracts or cooperative
agreements with, or make grants to, individuals, public or
private institutions, agencies, organizations, or consortia
of such institutions, agencies, or organizations to carry out
the activities of the Institute. Such grants, contracts, or
agreements shall be subject to the laws and regulations that
generally apply to grants, contracts, or agreements entered
into by Federal agencies.
``(d) Literacy Leadership.--(1) The Institute may, in
consultation with the Board, award fellowships, with such
stipends and allowances that the Director considers
necessary, to outstanding individuals pursuing careers in
adult education or literacy in the areas of instruction,
management, research, or innovation.
``(2) Fellowships awarded under this subsection shall be
used, under the auspices of the Institute, to engage in
research, education, training, technical assistance, or other
activities to advance the field of adult education or
literacy, including the training of volunteer literacy
providers at the national, State, or local level.
``(3) The Institute, in consultation with the Board, is
authorized to award paid and unpaid internships to
individuals seeking to assist in carrying out the Institute's
mission and to accept assistance from volunteers.
``(e) National Institute For Literacy Advisory Board.--
(1)(A) There shall be a National Institute for Literacy
Advisory Board, which shall consist of 10 individuals
appointed by the President.
``(B) The Board shall comprise individuals who are not
otherwise officers or employees of the Federal Government and
who are representative of such entities as--
``(i) literacy organizations and providers of literacy
services, including nonprofit providers, providers of English
as a second language programs and services, social service
organizations, and providers receiving assistance under this
title;
``(ii) businesses that have demonstrated interest in
literacy programs;
``(iii) literacy students, including those with
disabilities;
``(iv) experts in the area of literacy research;
``(v) State and local governments;
``(vi) State Directors of adult education; and
``(vii) labor organizations.
``(2) The Board shall--
``(A) make recommendations concerning the appointment of
the Director and staff of the Institute; and
``(B) provide independent advice on the operation of the
Institute.
``(3)(A) Appointments to the Board made after the date of
enactment of the Adult Basic Education and Literacy for the
Twenty-First Century Act shall be for three-year terms,
except that the initial terms for members may be established
at one, two, or three years in order to establish a rotation
in which one-third of the members are selected each year.
``(B) Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's
predecessor was appointed shall be appointed only for the
remainder of that term. A member may serve after the
expiration of that members' term until a successor has taken
office.
``(4) The Chairperson and Vice Chairperson of the Board
shall be elected by the members.
``(5) The Board shall meet at the call of the Chairperson
or a majority of its members.
``(f) Gifts, Bequests, and Devises.--(1) The Institute may
accept, administer, and use gifts or donations of services,
money, or property, whether real or personal, tangible or
intangible.
``(2) The responsible official shall establish written
rules setting forth the criteria to be used by the Institute
in determining whether the acceptance of contributions of
services, money, or property whether real or personal,
tangible or intangible, would reflect unfavorably upon the
ability of the Institute or any employee to carry out its
responsibilities or official duties in a fair and objective
manner, or would compromise the integrity or the appearance
of the integrity of its programs or any official involved in
those programs.
``(g) Mails.--The Board and the Institute may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the United
States.
``(h) Staff.--The Interagency Group, after considering
recommendations made by the Board, shall appoint and fix the
pay of a director.
``(i) Applicability of Certain Civil Service Laws.--The
Director and staff of the Institute may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay payable for level IV of the
Executive Schedule.
``(j) Experts and Consultants.--The Institute may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
``(k) Report.--The Institute shall submit a biennial report
to the Interagency Group and the Congress.
``(l) Nonduplication.--The Institute shall not duplicate
any functions carried out by the Secretaries of Education,
Labor, and Health and Human Services under this title. This
subsection shall not be construed to prohibit the Secretaries
from delegating such functions to the Institute.
``(m) Funding.--Any amounts appropriated to the Secretary,
the Secretary of Labor, the Secretary of Health and Human
Services, or any other department that participates in the
Institute for purposes that the Institute is authorized to
perform under this section may be provided to the Institute
for such purposes.
``Part C--General Provisions
``waivers
``Sec. 341. (a) Request for Waiver.--A State educational
agency may request, on its own behalf or on behalf of a local
recipient, a waiver by the Secretary of one or more statutory
or regulatory provisions described in subsection (c) in order
to carry out adult education and literacy programs under part
A more effectively.
``(b) General Authority.--(1) Except as provided in
subsection (d), the Secretary may waive any requirement of a
statute listed in subsection (c), or of the regulations
issued under that statute, for a State that requests such a
waiver--
[[Page S7010]]
``(A) if, and only to the extent that, the Secretary
determines that such requirement impedes the ability of the
State or a subgrant or contract recipient under part A to
carry out adult education and literacy programs or activities
in an effective manner;
``(B) if the State waives, or agrees to waive, any similar
requirements of State law;
``(C) if, in the case of a statewide waiver, the State--
``(i) has provided all subgrant or contract recipients
under part A in the State with notice of, and an opportunity
to comment on, the State's proposal to request a waiver; and
``(ii) has submitted the comments of such recipients to the
Secretary; and
``(D) if the State provides such information as the
Secretary reasonably requires in order to make such
determinations.
``(2) The Secretary shall act promptly on any request
submitted under paragraph (1).
``(3) Each waiver approved under this subsection shall be
for a period not to exceed five years, except that the
Secretary may extend such period if the Secretary determines
that the waiver has been effective in enabling the State to
carry out the purposes of this title.
``(c) Education Programs.--The statutes subject to the
waiver authority of the Secretary under this section are--
``(1) this title;
``(2) part A of title I of the Elementary and Secondary
Education Act of 1965 (authorizing programs and activities to
help disadvantaged children meet high standards);
``(3) part B of title II of the Elementary and Secondary
Education Act of 1965 (Dwight D. Eisenhower Professional
Development Program);
``(4) title VI of the Elementary and Secondary Education
Act of 1965 (Innovative Education Program Strategies);
``(5) part C of title VII of the Elementary and Secondary
Education Act of 1965 (Emergency Immigrant Education
Program);
``(6) the School-to-Work Opportunities Act of 1994, but
only with the concurrence of the Secretary of Labor; and
``(7) the Carl D. Perkins Career Preparation Education Act
of 1997.
``(d) Waivers not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs
listed in subsection (c) relating to--
``(1) the basic purposes or goals of the affected programs;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) the equitable participation of students attending
private schools;
``(5) parental participation and involvement;
``(6) the distribution of funds to States or to local
recipients;
``(7) the eligibility of an individual for participation in
the affected programs;
``(8) public health or safety, labor standards, civil
rights, occupational safety and health, or environmental
protection; or
``(9) prohibitions or restrictions relating to the
construction of buildings or facilities.
``(e) Termination of Waivers.--The Secretary shall
periodically review the performance of any State or local
recipient for which the Secretary has granted a waiver under
this section and shall terminate such waiver if the Secretary
determines that the performance of the State affected by the
waiver has been inadequate to justify a continuation of the
waiver, or the State fails to waive similar requirements of
State law in accordance with subsection (b)(1)(B).
``definitions
``Sec. 342. For the purposes of this title--
``(1) except under section 320(a)(2)(B)(ii), the term
`adult' means an individual who is 16 years of age, or beyond
the age of compulsory school attendance under State law, and
who is not enrolled, or required to be enrolled, in secondary
school;
``(2) the term `adult education' means services or
instruction below the college level for adults who--
``(A) lack sufficient education or literacy skills to
enable them to function effectively in society; or
``(B) do not have a certificate of graduation from a school
providing secondary education and who have not achieved an
equivalent level of education;
``(3) the term `community-based organization' means a
private nonprofit organization that is representative of a
community or significant segments of a community and that
provides education, vocational rehabilitation, job training,
or internship services and programs;
``(4) the term `individual of limited English proficiency'
means an adult or 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 where
language other than English is the dominant language;
``(5) the term `institution of higher education' means any
such institution as defined by section 1201(a) of the Higher
Education Act of 1965;
``(6) the term `literacy' means an individual's ability to
read, write, and speak in English, and compute and solve
problems at levels of proficiency necessary to function on
the job and in society, to achieve one's goals, and develop
one's knowledge and potential;
``(7) the term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary or secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or such combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary or secondary schools, except that, if there
is a separate board or other legally constituted local
authority having administrative control and direction of
adult education in public schools therein, such term means
such other board or authority;
``(8) the term `public housing agency' means a public
housing agency as defined in section 3(b)(6) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(6));
``(9) the term `Secretary' means the Secretary of
Education;
``(10) the term `State' means each of the 50 States and the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands, and the Virgin
Islands, except that for purposes of section 320(a)(2) the
term shall not include the Commonwealth of Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands, and the Virgin
Islands; and
``(11) the term `State educational agency' means the State
board of education or other agency or officer primarily
responsible for the State supervision of public elementary
and secondary schools, or, if there is a separate State
agency or officer primarily responsible for supervision of
adult education in public schools, then such agency or
officer may be designated for the purposes of this title by
the Governor or by State law. If no agency or officer
qualifies under the preceding sentence, such term shall mean
an appropriate agency or officer designated for the purposes
of this title by the Governor.''.
TITLE II--EFFECTIVE DATE; TRANSITION
effective date
Sec. 201. This Act shall take effect on July 1, 1998.
transition
Sec. 202. Notwithstanding any other provisions of law--
(1) upon enactment of the Adult Basic Education and
Literacy for the Twenty-First Century Act, a State or local
recipient of funds under the Adult Education Act as it was in
effect prior to the enactment of the Adult Basic Education
and Literacy for the Twenty-First Century Act, may use any
such unexpended funds to carry out services and activities
that are authorized by the Adult Education Act or part A of
the Adult Basic Education and Literacy Act; and
(2) a State or local recipient of funds under part A of the
Adult Basic Education and Literacy Act for the fiscal year
1998 may use such funds to carry out services and activities
that are authorized either by such part or were authorized by
the Adult Education Act as it was in effect prior to the
enactment of the Adult Basic Education and Literacy for the
Twenty-First Century Act.
TITLE III--REPEALS OF OTHER ACTS
repeals
Sec. 301. (a) National Literacy Act.--The National Literacy
Act of 1991 (20 U.S.C. 1201 et seq.) is repealed.
(b) Grants to States for Workplace and Community Transition
Training for Incarcerated Youth Offenders.--Part E of title X
of the Higher Education Act of 1965 (20 U.S.C. 1135g) is
repealed.
______
By Mr. LAUTENBERG (for himself, Mr. Graham, Mr. Kennedy, Mrs.
Boxer, Mr. Moynihan, Mr. Torricelli, and Mrs. Murray):
S. 995. A bill to amend title 18, United States Code, to prohibit
certain interstate conduct relating to exotic animals; to the Committee
on the Judiciary.
THE CAPTIVE EXOTIC ANIMAL PROTECTION ACT OF 1997
Mr. LAUTENBERG. Mr. President, today I am introducing legislation to
prevent the cruel and unsporting practice of ``canned'' hunting, or
caged kills. I am pleased to be joined by Senators Graham, Kennedy,
Boxer, Moynihan, Torricelli, and Murray.
In a canned hunt, a customer pays to shoot a captive exotic animal on
a small game ranch where the animal typically is trapped inside a
fenced-in enclosure. The enclosed space prevents the animal from
escaping and making it an easy prey. The so-called hunter returns home
with the animal's head to mount on his or her wall and the ranch owner
collects a large fee. No hunting, tracking or shooting skills are
required. The animals are easy targets because they typically are
friendly to humans, having spent years in captivity, and having been
cared for and fed by the canned hunt ranch owners.
There are reported to be more than 1,000 canned hunting operations in
the United States. At these ranches, a customer can, for example,
``hunt'' a Dama gazelle for $3,500, a Cape Buffalo for $6,000 or a Red
Deer for $6,000. The rarer the animal, the higher the price.
My bill is similar to legislation I introduced in the 104th Congress,
S. 1493.
[[Page S7011]]
It is directed only at true canned hunts. It does not affect cattle
ranching, the hunting or breeding of any animals that live in the wild
in the United States, rodeos, livestock shows, petting zoos, or horse
or dog racing. It merely bans the procuring and transport of non-
native, exotic mammals for the purpose of shooting them for
entertainment, or to collect a trophy. The bill would not affect larger
ranches, where animals have some opportunity to escape hunters. Nor
does the bill affect the hunting of any animals that live in the wild
in the United States.
Many hunters believe that canned hunts are unethical and make a
mockery of their sport. For example, the Boone and Crockett Club, a
hunting organization founded by Teddy Roosevelt, has called canned
hunts ``unfair'' and ``unsportsmanlike.'' Bill Burton, the former
outdoors writer for the Baltimore Sun and a hunter, testifying last
year in support of this legislation, stated, ``There is a common belief
that the hunting of creatures which have no reasonable avenue to escape
is not up to traditional standards. Shooting game in confinement is not
within these standards.''
Canned hunts also are strongly opposed by animal protection groups.
As the Humane Society of the United States has said about animals in
canned hunts, ``the instinct to flee, their greatest natural defense,
has been replaced by trust--trust that is rewarded with a cruel and
brutal death.'' Indeed, many animals killed in canned hunts suffer
immeasurably as they receive shot after shot to non-vital organs. This
practice is intended to preserve the head and chest regions intact so
that the animals will make more attractive trophies.
The practice of keeping captive animals for canned hunts may also
pose a danger to native wildlife or livestock if the captive animals
escape. John Talbott, acting director of the Wyoming Department of Fish
and Game, stated that ``Tuberculosis and other disease documented among
game ranch animals in surrounding States'' pose ``an extremely serious
threat to Wyoming's native big game.'' This is one reason why Wyoming
has banned canned hunts. Other States that have banned these hunts
include California, Connecticut, Georgia, Maryland, Massachusetts,
Nevada, New Jersey, North Carolina, Rhode Island, and Wisconsin.
Unfortunately, in most States, canned hunts are largely unregulated.
The lack of State laws, and the fact that many of these animals move in
interstate commerce, make Federal legislation necessary.
I urge my colleagues who want to understand the cruelty involved in a
canned hunt to visit my office and view a videotape of an actual canned
hunt. You will witness a defenseless Corsican ram, cornered near a
fence, being shot over and again with arrows, and clearly experiencing
an agonizing death, then only to be dealt a final blow by a firearm.
Then I urge you to join me in support of this legislation which will
put an end to this needless suffering.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 995
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 ``Captive Exotic Animal
Protection Act of 1997''.
SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR
PURPOSES OF KILLING OR INJURING THEM.
(a) In General.--Chapter 3 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 48. Exotic animals
``(a) Prohibition.--Whoever, in or affecting interstate or
foreign commerce, knowingly transfers, transports, or
possesses a confined exotic animal, for the purposes of
allowing the killing or injuring of that animal for
entertainment or for the collection of a trophy, shall be
fined under this title, imprisoned not more than 1 year, or
both.
``(b) Definitions.--In this section--
``(1) the term `confined exotic animal' means a mammal of a
species not historically indigenous to the United States,
that has been held in captivity for the shorter of--
``(A) the greater part of the life of the animal; or
``(B) a period of 1 year;
whether or not the defendant knew the length of the
captivity; and
``(2) the term `captivity' does not include any period
during which an animal--
``(A) lives as it would in the wild, surviving primarily by
foraging for naturally occurring food, roaming at will over
an open area of not less than 1,000 acres; and
``(B) has the opportunity to avoid hunters.''.
(b) Clerical Amendment.--The analysis for chapter 3 of
title 18, United States Code, is amended by adding at the end
the following:
``48. Exotic animals.''.
______
By Mr. GRASSLEY (for himself and Mr. Specter):
S. 996. A bill to provide for the authorization of appropriations in
each fiscal year for arbitration in U.S. district courts; to the
Committee on the Judiciary.
By Mr. GRASSLEY:
S. 997. A bill to amend chapter 44 of title 28, United States Code,
to authorize the use of certain arbitration procedures in all district
courts, to modify the damage limitation applicable to cases referred to
arbitration, and for other purposes; to the Committee on the Judiciary.
Arbitration Legislation
Mr. GRASSLEY. Mr. President, I rise at this time to introduce two
bills. Both bills are designed to encourage what is known in the legal
world as arbitration, which is a type of alternative dispute resolution
and a means of settling differences instead of litigating them in the
costly environment and adversarial environment of the courts.
Our great American leader, Abraham Lincoln, wrote over 140 years ago,
in 1840: ``Discourage litigation. Persuade your neighbors to compromise
whenever you can.'' That is exactly what these two bills are designed
to do.
For over 20 years now, all three branches have looked for ways to
alleviate the courts' crowded docket and to enable a civil litigant to
have his complaint heard in a more expedient fashion. In 1976, in
search of alternatives, Chief Justice Burger convened the Pound
Conference on the Causes of Popular Dissatisfaction with the
Administration of Justice and asked its members: ``Isn't there a better
way?''
There is, and that way is called alternative dispute resolution. Most
State and Federal bar associations now have alternative dispute
resolution committees. Some have even elevated consideration of ADR
approaches to a matter of professional ethics or its equivalent. Almost
all law schools across the country now offer their students classes in
ADR. Many graduate programs, especially business schools, have added
ADR courses to their curriculum. And numerous legal and business
publications are committed exclusively to the topic of alternative
dispute resolution.
Contracts, be they between nations, major corporations, or even
private individuals, now more often than not include arbitration
clauses. There are numerous professional and trade associations under
the umbrella of alternative dispute resolution. ADR is not a legal
vogue, nor is it second-class justice. ADR is an intelligent and
efficient alternative to litigation, and it is a way to ensure that
civil matters can be handled as quickly as possible with low cost to
the parties and with an outstanding settlement and satisfaction rate
among all entities involved. Arbitration in particular combines
procedural protections with the informality necessary for parties to
discuss their positions in a manner that promotes settlement and allows
for a detailed exploration of the issues.
In 1990, Congress enacted bills to authorize implementation of ADR
programs throughout the administrative agency apparatus and to ask
Federal courts to consider ADR as a means to reduce cost. For example,
on November 15, 1990, President Bush signed into law a bill which I
introduced called the Administrative Dispute Resolutions Act. This act
authorized and promoted the use of alternative dispute resolution by
Federal Government agencies.
Almost immediately, the success of the bill became evident. In 1992,
for example, agencies reported that over 70 percent of the disputes
submitted to ADR reached settlement. Often mere discussion of what ADR
techniques to apply led to agreement between the parties. Last year, in
a unified showing of support for the idea of ADR, including
arbitration, we permanently reauthorized that 1990 act. 1990 also saw
the passage of the Negotiated Rulemaking Act, which authorized the use
of negotiated rulemaking as an alternative to
[[Page S7012]]
adversarial rulemaking in Federal agencies, and the Civil Justice
Reform Act, which required every Federal district court to develop a
civil justice expense and delay reduction plan.
To test the ADR waters in the article III courts, in 1988, Congress
amended the Judiciary and Judicial Procedure Act and authorized pilot
programs in 20 Federal district courts. The amendment made court-
annexed, nonbinding arbitration mandatory in 10 districts and voluntary
in the other 10. The results are in, and they are more than
encouraging. Therefore, the first bill I am introducing today will
permanently extend authorization of these pilot programs so that these
courts can continue to provide litigants with efficient and successful
alternatives to trial. Senator Specter, whose own home State of
Pennsylvania has participated in this program, is joining me in this
effort.
Over half of the Nation's 94 districts currently offer some type of
alternative dispute resolution. This number seems low, and the reason
for that is because many districts are not sure whether courts other
than those authorized by statute may offer ADR. Therefore, to eliminate
this uncertainty, the second bill I am introducing not only authorizes
district courts across the Nation to implement arbitration programs and
procedures, it demands such implementation. It will then be left to the
discretion of each judge, however, whether to make use of the
implemented programs and procedures.
The major goal of arbitration is to encourage litigants to settle
their disputes without going through the lengthy and costly process of
a full-blown trial. This will not only lessen the burden on the
judicial branch, but also enable people who feel they have been wronged
to get a decision without waiting months for the usual verdict and
without spending tons of money on attorney's fees.
Let me just give an example, and this is according to the National
Law Journal. It was an article that was published last year. It has
been determined that out of every dollar spent in asbestos litigation,
only 39 cents goes to victims, with approximately 33 to 50 percent of
the awards collected allocated as attorney's fees.
My arbitration bills are designed to curb exactly this type of
``plaintiff-milking.'' In the pilot program districts, the majority of
arbitration cases closed before even reaching the arbitration hearing
level and over two-thirds did not return to the court's regular
calendar, thus saving not only the litigants, but also the courts and,
therefore, the public both time and money. In the New Jersey program,
about 20 percent of the civil case filings qualified for mandatory
arbitration over the 8-year period which the program operated. Less
than 2 percent of those cases required trial; in other words, 98
percent of those cases could be settled via arbitration.
A majority of the attorneys involved in arbitration cases agreed that
referring the case to the program directly resulted in earlier
settlement discussions and, most important, in avoiding litigation. For
the parties involved, that means their issues were resolved from 2 to
18 months sooner than if the case had gone to trial. In the Eastern
District of Pennsylvania, as an example, the median time until a
dispute is resolved through ADR is 5 months. Only 7 percent of the
district's arbitration cases lasted beyond 9 months and the percentage
of cases tried de novo is less than 10 percent.
Litigants, attorneys, and judges all are more than laudatory of the
program's results. As a matter of fact, positive reaction could be
documented almost as soon as the program was implemented. A 1990 report
by the Federal Judicial Center illustrates this point. Over 80 percent
of the litigants surveyed praised the fairness of the ADR process; 84
percent of attorneys surveyed said that they approved of arbitration
both as a concept and, more important, as implemented in their specific
districts.
Also, an overwhelming 97 percent of the judges involved in the
program agreed that their civil caseload was reduced since less than a
third of the arbitration caseload returns to the regular trial
calendar. The resounding consensus was that other districts should also
adopt this outstanding program as a result of this experiment.
Let me give you another example of the success of ADR. A November
1996 study of the Judicial Council of California, on California's Civil
Action Mediation Act, showed that litigant satisfaction for arbitration
in the Los Angeles County Superior Court was 84 percent and that 94
percent of the overall respondents would use arbitration again.
Incidentally, that same study showed that the program's mediation
process within 2 years produced savings five times higher than what the
California Legislature had targeted for 5 years. In other words,
California had targeted $250,000 after 5 years to consider the
mediation program a success. ADR saved the courts a total of $1.3
million in just 2 years. Whether it is mediation, arbitration, or any
other of the ADR techniques, alternative dispute resolution undoubtedly
is successful in creating huge savings for both the public and the
litigants.
The benefits of arbitration, not only to the judicial branch, but,
more important, to the litigants, are impossible to ignore. Skeptics
argue that the litigant will feel he is being subjected to second-class
justice, but, quite frankly, the opposite is the case. Litigants feel
that they are much more closely involved in the process than would be
the case if there was formal adjudication. Litigants can participate
much more actively and have much more control over what is decided and
how it is decided. Negotiation, rather than adjudication, is the goal.
And when all is said and done, unlike after a trial, the parties on
opposite sides of the table often still have some type of positive
relationship.
On top of that, the process is private, unlike the public trial. In
such a private, somewhat informal setting, the parties involved have
much more flexibility, not only regarding procedure but also remedies.
Generally, as we know, an article III court in a civil matter will
limit remedies to a dollar figure. Arbitration can go beyond that.
Often all a plaintiff wants might be an apology, or the injured worker
who can't perform his job any more just wants another job. Arbitration
can give a party those results.
Arbitration is a legal concept that makes sense, saves time, and
saves money. As a matter of fact, the Eastern District of Pennsylvania,
one of the pilot programs, estimates that arbitration has produced a 5-
to-1 savings in private and public costs.
So the two bills that I am introducing today will, therefore, help
give the public efficient and expedient access to the Federal courts
and will help alleviate the caseload burden on the judicial branch.
I ask unanimous consent, Mr. President, that my two bills be printed
in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 996
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ARBITRATION IN DISTRICT COURTS.
Section 905 of the Judicial Improvements and Access to
Justice Act (28 U.S.C. 651 note) is amended in the first
sentence by striking ``for each of the fiscal years 1994
through 1997'' and inserting ``for each fiscal year''.
____
S. 997
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ARBITRATION IN DISTRICT COURTS.
(a) Authorization of Arbitration.--Section 651(a) of title
28, United States Code, is amended to read as follows:
``(a) Authority.--Each United States district court shall
authorize by local rule the use of arbitration in any civil
action, including adversary proceedings in bankruptcy, in
accordance with this chapter.''.
(b) Actions Referred to Arbitration.--Section 652(a) of
title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``and section 901(c)'' and all that follows through ``651''
and inserting ``a district court''; and
(B) in subparagraph (B) by striking ``$100,000'' and
inserting ``$150,000''; and
(2) in paragraph (2) by striking ``$100,000'' and inserting
``$150,000''.
(c) Certification of Arbitrators.--Section 656(a) of title
28, United States Code, is amended by striking ``listed in
section 658''.
(d) Removal of Limitation.--Section 658 of title 28, United
States Code, and the item relating to such section in the
table of sections at the beginning of chapter 44 of title 28,
United States Code, are repealed.
[[Page S7013]]
____________________