[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.

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