[Congressional Record Volume 144, Number 77 (Monday, June 15, 1998)]
[Senate]
[Pages S6328-S6338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CORRECTION OF THE RECORD--JEFFORDS AMENDMENT NO. 2704

  The Jeffords amendment No. 2704 which appeared in the Record of 
Friday, June 12, 1998, was missing some text. The correct version 
appears as follows:

                           Amendment No. 2704

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Carl D. 
     Perkins Vocational and Applied Technology Education Act of 
     1998''.
       (b) Table of Contents.--The table of contents is as 
     follows:
Sec. 1. Short title.
Sec. 2. Findings and purpose.
Sec. 3. Voluntary selection and participation.
Sec. 4. Construction.

                     TITLE I--VOCATIONAL EDUCATION

                     Subtitle A--Federal Provisions

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

                      Subtitle B--State Provisions

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

                      Subtitle C--Local Provisions

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

                     TITLE II--TECH-PREP EDUCATION

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

                     TITLE III--GENERAL PROVISIONS

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

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

                            TITLE V--REPEAL

Sec. 501. Repeal.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) in order to be successful workers, citizens, and 
     learners in the 21st century, individuals will need--
       (A) a combination of strong basic and advanced academic 
     skills;
       (B) computer and other technical skills;
       (C) theoretical knowledge;
       (D) communications, problem-solving, teamwork, and 
     employability skills; and
       (E) the ability to acquire additional knowledge and skills 
     throughout a lifetime;
       (2) students participating in vocational education can 
     achieve challenging academic and technical skills, and may 
     learn better

[[Page S6329]]

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

     SEC. 3. VOLUNTARY SELECTION AND PARTICIPATION.

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

     SEC. 4. CONSTRUCTION.

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

                     TITLE I--VOCATIONAL EDUCATION

                     Subtitle A--Federal Provisions

     SEC. 101. RESERVATIONS AND STATE ALLOTMENT.

       (a) Reservations and State Allotment.--
       (1) Reservations.--From the sum appropriated under section 
     401 for each fiscal year, the Secretary shall reserve--
       (A) 0.2 percent to carry out section 103;
       (B) 1.80 percent to carry out sections 104 and 105, of 
     which--
       (i) 1.25 percent of the sum shall be available to carry out 
     section 104(b);
       (ii) 0.25 percent of the sum shall be available to carry 
     out section 104(c);
       (iii) 0.30 percent of the sum shall be available to carry 
     out section 105; and
       (C) 1.3 percent to carry out sections 106, 303, 304, 305, 
     and 306, of which not less than 0.65 percent of the sum shall 
     be available to carry out section 106 for each of the fiscal 
     years 2001 through 2005.
       (2) State allotment formula.--Subject to paragraphs (3) and 
     (4), from the remainder of the sums appropriated under 
     section 401 and not reserved under paragraph (1) for a fiscal 
     year, the Secretary shall allot to a State for the fiscal 
     year--
       (A) an amount that bears the same ratio to 50 percent of 
     the sums being allotted as the product of the population aged 
     15 to 19 inclusive, in the State in the fiscal year preceding 
     the fiscal year for which the determination is made and the 
     State's allotment ratio bears to the sum of the corresponding 
     products for all the States;
       (B) an amount that bears the same ratio to 20 percent of 
     the sums being allotted as the product of the population aged 
     20 to 24, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States;
       (C) an amount that bears the same ratio to 15 percent of 
     the sums being allotted as the product of the population aged 
     25 to 65, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States; and
       (D) an amount that bears the same ratio to 15 percent of 
     the sums being allotted as the State under subparagraphs (A), 
     (B), and (C) for such years bears to the sum of the amounts 
     allotted to all the States under subparagraphs (A), (B), and 
     (C) for such year.
       (3) Minimum allotment.--
       (A) In general.--Notwithstanding any other provision of law 
     and subject to subparagraphs (B) and (C), and paragraph (4), 
     no State shall receive for a fiscal year under this 
     subsection less than \1/2\ of 1 percent of the amount 
     appropriated under section 401 and not reserved under 
     paragraph (1) for such fiscal year. Amounts necessary for 
     increasing such payments to States to comply with the 
     preceding sentence shall be obtained by ratably reducing the 
     amounts to be paid to other States.
       (B) Requirement.--Due to the application of subparagraph 
     (A), for any fiscal year, no State shall receive more than 
     150 percent of the amount the State received under this 
     subsection for the preceding fiscal year (or in the case of 
     fiscal year 1999 only, under section 101 of the Carl D. 
     Perkins Vocational and Applied Technology Education Act, as 
     such section was in effect on the day before the date of 
     enactment of this Act).
       (C) Special rule.--
       (i) In general.--Subject to paragraph (4), no State, by 
     reason of subparagraph (A), shall be allotted for a fiscal 
     year more than the lesser of--
       (I) 150 percent of the amount that the State received in 
     the preceding fiscal year (or in the case of fiscal year 1999 
     only under section 101 of the Carl D. Perkins Vocational and 
     Applied Technology Education Act, as such section was in 
     effect on the day before the date of enactment of this Act); 
     and
       (II) the amount calculated under clause (ii).
       (ii) amount.--The amount calculated under this clause shall 
     be determined by multiplying--
       (I) the number of individuals in the State counted under 
     paragraph (2) in the preceding fiscal year; by
       (II) 150 percent of the national average per pupil payment 
     made with funds available under this section for that year 
     (or in the case of fiscal year 1999, only, under section 101 
     of the Carl D. Perkins Vocational and Applied Technology 
     Education Act, as such section was in effect on the day 
     before the date of enactment of this Act).
       (4) Hold harmless.--
       (A) In general.--No State shall receive an allotment under 
     this section for a fiscal year that is less than the 
     allotment the State received under part A of title I of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2311 et seq.) (as such part was in effect on 
     the day before the date of enactment of this Act) for fiscal 
     year 1997.
       (B) Ratable reduction.--If for any fiscal year the amount 
     appropriated for allotments under this section is 
     insufficient to satisfy the provisions of subparagraph (A), 
     the payments to all States under such subparagraph shall be 
     ratably reduced.
       (b) reallotment.--If the Secretary determines that any 
     amount of any State's allotment under subsection (a) for any 
     fiscal year will not be required for such fiscal year 
     carrying out the activities for which such amount has been 
     allotted, the Secretary shall make such amount available for 
     reallotment. Any such reallotment among other States shall 
     occur on such dates during the same year as the Secretary 
     shall fix, and shall be made on the basis of criteria 
     established by regulation. No funds may be reallotted for any 
     use other than the use for which the funds were appropriated. 
     Any amount reallotted to a State under this subsection for 
     any fiscal year shall remain available for obligation during 
     the succeeding fiscal year and shall be deemed to be part of 
     the State's allotment for the year in which the amount is 
     obligated.
       (c) Allotment Ratio.--
       (1) In general.--The allotment ratio for any State shall be 
     1.00 less the product of--
       (A) 0.50; and
       (B) the quotient obtained by dividing the per capita income 
     for the State by the per capita income for all the States 
     (exclusive of the Commonwealth of Puerto Rico and the United 
     States Virgin Islands), except that--
       (i) the allotment ratio in no case shall be more than 0.60 
     or less than 0.40; and
       (ii) the allotment ratio for the Commonwealth of Puerto 
     Rico and the United States Virgin Islands shall be 0.60.
       (2) Promulgation.--The allotment ratios shall be 
     promulgated by the Secretary for

[[Page S6330]]

     each fiscal year between October 1 and December 31 of the 
     fiscal year preceding the fiscal year for which the 
     determination is made. Allotment ratios shall be computed on 
     the basis of the average of the appropriate per capita 
     incomes for the 3 most recent consecutive fiscal years for 
     which satisfactory data are available.
       (3) Definition of per capita income.--For the purpose of 
     this section, the term ``per capita income'' means, with 
     respect to a fiscal year, the total personal income in the 
     calendar year ending in such year, divided by the population 
     of the area concerned in such year.
       (4) Population determination.--For the purposes of this 
     section, population shall be determined by the Secretary on 
     the basis of the latest estimates available to the Department 
     of Education.
       (d) Definition of State.--For the purpose of this section, 
     the term ``State'' means each of the several States of the 
     United States, the Commonwealth of Puerto Rico, the District 
     of Columbia, and the United States Virgin Islands.

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

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

     SEC. 103. ASSISTANCE FOR THE OUTLYING AREAS.

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

     SEC. 104. INDIAN AND HAWAIIAN NATIVE PROGRAMS.

       (a) Definitions; Authority of Secretary.--
       (1) Definitions.--For the purpose of this section--
       (A) the term ``Act of April 16, 1934'' means the Act 
     entitled ``An Act authorizing the Secretary of the Interior 
     to arrange with States or territories for the education, 
     medical attention, relief of distress, and social welfare of 
     Indians, and for other purposes'', enacted April 16, 1934 (48 
     Stat. 596; 25 U.S.C. 452 et seq.);
       (B) the term ``Bureau funded school'' has the meaning given 
     the term in section 1146 of the Education Amendments of 1978 
     (25 U.S.C. 2026);
       (C) the term ``Hawaiian native'' means any individual any 
     of whose ancestors were natives, prior to 1778, of the area 
     which now comprises the State of Hawaii; and
       (D) the terms ``Indian'' and ``Indian tribe'' have the 
     meanings given the terms in section 2 of the Tribally 
     Controlled Community College Assistance Act of 1978 (25 
     U.S.C. 1801).
       (2) Authority.--From the funds reserved pursuant to section 
     101(a)(1)(B), the Secretary shall award grants and enter into 
     contracts for Indian and Hawaiian native programs in 
     accordance with this section, except that such programs shall 
     not include secondary school programs in Bureau funded 
     schools.
       (b) Indian Programs.--
       (1) Authority.--
       (A) In general.--Except as provided in subparagraph (B), 
     from the funds reserved pursuant to section 101(a)(1)(B)(i), 
     the Secretary is directed--
       (i) upon the request of any Indian tribe, or a tribal 
     organization serving an Indian tribe, which is eligible to 
     contract with the Secretary of the Interior for the 
     administration of programs under the Indian Self-
     Determination Act (25 U.S.C. 450 et seq.) or under the Act of 
     April 16, 1934; or
       (ii) upon an application received from a Bureau funded 
     school offering post-secondary or adult education programs 
     filed at such time and under such conditions as the Secretary 
     may prescribe,

     to make grants to or enter into contracts with any Indian 
     tribe or tribal organization, or to make a grant to such 
     Bureau funded school, as appropriate, to plan, conduct, and 
     administer programs or portions of programs authorized by, 
     and consistent with the purpose of, this Act.
       (B) Requirements.--The grants or contracts described in 
     subparagraph (A), shall be subject to the following:
       (i) Tribes and tribal organizations.--Such grants or 
     contracts with any tribes or tribal organization shall be 
     subject to the terms and conditions of section 102 of the 
     Indian Self-Determination Act (25 U.S.C. 450f) and shall be 
     conducted in accordance with the provisions of sections 4, 5, 
     and 6 of the Act of April 16, 1934, which are relevant to the 
     programs administered under this subsection.
       (ii) Bureau funded schools.--Such grants to Bureau funded 
     schools shall not be subject to the requirements of the 
     Indian Self-Determination Act (25 U.S.C. 450f et seq.) or the 
     Act of April 16, 1934.
       (C) Regulations.--If the Secretary promulgates any 
     regulations applicable to subparagraph (B), the Secretary 
     shall--
       (i) confer with, and allow for active participation by, 
     representatives of Indian tribes, tribal organizations, and 
     individual tribal members; and
       (ii) promulgate the regulations under subchapter III of 
     chapter 5 of title 5, United States Code, commonly known as 
     the ``Negotiated Rulemaking Act of 1990''.
       (D) Application.--Any Indian tribe, tribal organization, or 
     Bureau funded school eligible to receive assistance under 
     this paragraph may apply individually or as part of a 
     consortium with another such Indian tribe, tribal 
     organization, or Bureau funded school.
       (E) Performance measures and evaluation.--Any Indian tribe, 
     tribal organization, or Bureau funded school that receives 
     assistance under this section shall--
       (i) establish performance measures and expected levels of 
     performance to be achieved by students served under this 
     section; and
       (ii) evaluate the quality and effectiveness of activities 
     and services provided under this subsection.
       (F) Minimum.--In the case of a Bureau funded school, the 
     minimum amount of a grant awarded or contract entered into 
     under this section shall be $35,000.
       (G) Restrictions.--The Secretary may not place upon grants 
     awarded or contracts entered into under this paragraph any 
     restrictions relating to programs other than restrictions 
     that apply to grants made to or contracts entered into with 
     States pursuant to allotments under section 101(a). The 
     Secretary, in awarding grants and entering into contracts 
     under this paragraph, shall ensure that the grants and 
     contracts will improve vocational education programs, and 
     shall give special consideration to--
       (i) grants or contracts with involve, coordinate with, or 
     encourage tribal economic development plans; and
       (ii) applications from tribally controlled community 
     colleges that--
       (I) are accredited or are candidates for accreditation by a 
     nationally recognized accreditation organization as an 
     institution of postsecondary vocational education; or
       (II) operate vocational education programs that are 
     accredited or are candidates for accreditation by a 
     nationally recognized accreditation organization, and issue 
     certificates for completion of vocational education programs.
       (H) Stipends.--
       (i) In general.--Funds received pursuant to grants or 
     contracts described in subparagraph (A) may be used to 
     provide stipends to

[[Page S6331]]

     students who are enrolled in vocational education programs 
     and who have acute economic needs which cannot be met through 
     work-study programs.
       (ii) Amount.--Stipends described in clause (i) shall not 
     exceed reasonable amounts as prescribed by the Secretary.
       (2) Matching.--If sufficient funding is available, the 
     Bureau of Indian Affairs shall expend an amount equal to the 
     amount made available under this subsection, relating to 
     programs for Indians, to pay a part of the costs of programs 
     funded under this subsection. During each fiscal year the 
     Bureau of Indian Affairs shall expend no less than the amount 
     expended during the prior fiscal year on vocational education 
     programs, services, and activities administered either 
     directly by, or under contract with, the Bureau of Indian 
     Affairs, except that in no year shall funding for such 
     programs, services, and activities be provided from accounts 
     and programs that support other Indian education programs. 
     The Secretary and the Assistant Secretary of the Interior for 
     Indian Affairs shall prepare jointly a plan for the 
     expenditure of funds made available and for the evaluation of 
     programs assisted under this subsection. Upon the completion 
     of a joint plan for the expenditure of the funds and the 
     evaluation of the programs, the Secretary shall assume 
     responsibility for the administration of the program, with 
     the assistance and consultation of the Bureau of Indian 
     Affairs.
       (3) Special rule.--Programs funded under this subsection 
     shall be in addition to such other programs, services, and 
     activities as are made available to eligible Indians under 
     other provisions of this Act.
       (c) Hawaiian Native Programs.--From the funds reserved 
     pursuant to section 101(a)(1)(b)(ii), the Secretary shall 
     award grants or enter into contracts, with organizations 
     primarily serving and representing Hawaiian natives which are 
     recognized by the Governor of the State of Hawaii, for the 
     planning, conduct, or administration of programs, or portions 
     thereof, that are described in this Act and consistent with 
     the purpose of this Act, for the benefit of Hawaiian natives.

     SEC. 105. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL 
                   INSTITUTIONS.

       (a) In General.--It is the purpose of this section to 
     provide grants for the operation and improvement of tribally 
     controlled postsecondary vocational institutions to ensure 
     continued and expanded educational opportunities for Indian 
     students, and to allow for the improvement and expansion of 
     the physical resources of such institutions.
       (b) Grants Authorized.--
       (1) In general.--From the funds reserved pursuant to 
     section 101(a)(1)(B)(iii), the Secretary shall make grants to 
     tribally controlled postsecondary vocational institutions to 
     provide basic support for the vocational education and 
     training of Indian students.
       (2) Amount of grants.--
       (A) In general.--If the sum appropriated for any fiscal 
     year for grants under this section is not sufficient to pay 
     in full the total amount that approved applicants are 
     eligible to receive under this section for such fiscal year, 
     the Secretary shall first allocate to each such applicant 
     that received funds under this part for the preceding fiscal 
     year an amount equal to 100 percent of the product of the 
     per capita payment for the preceding fiscal year and such 
     applicant's Indian student count for the current program 
     year, plus an amount equal to the actual cost of any 
     increase to the per capita figure resulting from 
     inflationary increases to necessary costs beyond the 
     institution's control.
       (B) Per capita determination.--For the purposes of 
     paragraph (1), the per capita payment for any fiscal year 
     shall be determined by dividing the amount available for 
     grants to tribally controlled postsecondary vocational 
     institutions under this part for such program year by the sum 
     of the Indian student counts of such institutions for such 
     program year. The Secretary shall, on the basis of the most 
     accurate data available from the institutions, compute the 
     Indian student count for any fiscal year for which such count 
     was not used for the purpose of making allocations under this 
     section.
       (c) Eligible Grant Recipients.--To be eligible for 
     assistance under this section a tribally controlled 
     postsecondary vocational institution shall--
       (1) be governed by a board of directors or trustees, a 
     majority of whom are Indians;
       (2) demonstrate adherence to stated goals, a philosophy, or 
     a plan of operation which fosters individual Indian economic 
     and self-sufficiency opportunity, including programs that are 
     appropriate to stated tribal goals of developing individual 
     entrepreneurships and self-sustaining economic 
     infrastructures on reservations;
       (3) have been in operation for at least 3 years;
       (4) hold accreditation with or be a candidate for 
     accreditation by a nationally recognized accrediting 
     authority for postsecondary vocational education; and
       (5) enroll the full-time equivalency of not less than 100 
     students, of whom a majority are Indians.
       (d) Grant Requirements.--
       (1) Applications.--Any tribally controlled postsecondary 
     vocational institution that desires to receive a grant under 
     this section shall submit an application to the Secretary. 
     Such application shall include a description of recordkeeping 
     procedures for the expenditure of funds received under this 
     section that will allow the Secretary to audit and monitor 
     programs.
       (2) Number.--The Secretary shall award not less than 2 
     grants under this section for each fiscal year.
       (3) Consultation.--In awarding grants under this section, 
     the Secretary shall, to the extent practicable, consult with 
     the boards of trustees of, and the tribal governments 
     chartering, the institutions desiring the grants.
       (4) Limitation.--Amounts made available through grants 
     under this section shall not be used in connection with 
     religious worship or sectarian instruction.
       (e) Uses of Grants.--
       (1) In general.--The Secretary shall, subject to the 
     availability of appropriations, provide for each program year 
     to each tribally controlled postsecondary vocational 
     institution having an application approved by the Secretary, 
     an amount necessary to pay expenses associated with--
       (A) the maintenance and operation of the program, including 
     development costs, costs of basic and special instruction 
     (including special programs for individuals with disabilities 
     and academic instruction), materials, student costs, 
     administrative expenses, boarding costs, transportation, 
     student services, daycare and family support programs for 
     students and their families (including contributions to the 
     costs of education for dependents), and student stipends;
       (B) capital expenditures, including operations and 
     maintenance, and minor improvements and repair, and physical 
     plant maintenance costs, for the conduct of programs funded 
     under this section; and
       (C) costs associated with repair, upkeep, replacement, and 
     upgrading of the instructional equipment.
       (2) Accounting.--Each institution receiving a grant under 
     this section shall provide annually to the Secretary an 
     accurate and detailed accounting of the institution's 
     operating and maintenance expenses and such other information 
     concerning costs as the Secretary may reasonably require.
       (f) Effect on Other Programs.--
       (1) In general.--Except as specifically provided in this 
     Act, eligibility for assistance under this section shall not 
     preclude any tribally controlled postsecondary vocational 
     institution from receiving Federal financial assistance under 
     any program authorized under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.) or any other applicable program for 
     the benefit of institutions of higher education or vocational 
     education.
       (2) Prohibition on alternation of grant amount.--The amount 
     of any grant for which tribally controlled postsecondary 
     vocational institutions are eligible under this section shall 
     not be altered because of funds allocated to any such 
     institution from funds appropriated under the Act of November 
     2, 1921 (commonly known as the ``Snyder Act'') (42 Stat. 208, 
     chapter 115; 25 U.S.C. 13).
       (3) Prohibition on contract denial.--No tribally controlled 
     postsecondary vocational institution for which an Indian 
     tribe has designated a portion of the funds appropriated for 
     the tribe from funds appropriated under such Act of November 
     2, 1921, may be denied a contract for such portion under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b et seq.) (except as provided in that Act), or 
     denied appropriate contract support to administer such 
     portion of the appropriated funds.
       (g) Needs Estimate and Report on Facilities and Facilities 
     Improvement.--
       (1) Needs estimate.--The Secretary shall, based on the most 
     accurate data available from the institutions and Indian 
     tribes whose Indian students are served under this section, 
     and in consideration of employment needs, economic 
     development needs, population training needs, and facilities 
     needs, prepare an actual budget needs estimate for each 
     institution eligible under this section for each subsequent 
     program year, and submit such budget needs estimate to 
     Congress in such a timely manner as will enable the 
     appropriate committees of Congress to consider such needs 
     data for purposes of the uninterrupted flow of adequate 
     appropriations to such institutions. Such data shall take 
     into account the goals and requirements of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (Public Law 104-193; 110 Stat. 2105).
       (2) Study of training and housing needs.--
       (A) In general.--The Secretary shall conduct a detailed 
     study of the training, housing, and immediate facilities 
     needs of each institution eligible under this section. The 
     study shall include an examination of--
       (i) training equipment needs;
       (ii) housing needs of families whose heads of households 
     are students and whose dependents have no alternate source of 
     support while such heads of households are students; and
       (iii) immediate facilities needs.
       (B) Report.--The Secretary shall report to Congress not 
     later than July 1, 1999, on the results of the study required 
     by subparagraph (A).
       (C) Contents.--The report required by subparagraph (B) 
     shall include the number, type, and cost of meeting the needs 
     described in subparagraph (A), and rank each institution by 
     relative need.
       (D) Priority.--In conducting the study required by 
     subparagraph (A), the Secretary shall priority to 
     institutions that are receiving assistance under this 
     section.
       (3) Long-term study of facilities.--
       (A) In general.--The Secretary shall provide for the 
     conduct of a long-term study of

[[Page S6332]]

      the facilities of each institution eligible for assistance 
     under this section.
       (B) Contents.--The study required by subparagraph (A) shall 
     include a 5-year projection of training facilities, 
     equipment, and housing needs and shall consider such factors 
     as projected service population, employment, and economic 
     development forecasting, based on the most current and 
     accurate data available from the institutions and Indian 
     tribes affected.
       (C) Submission.--The Secretary shall submit to Congress a 
     detailed report on the results of such study not later than 
     the end of the 18-month period beginning on the date of 
     enactment of this Act.
       (h) Definitions.--For the purposes of this section:
       (1) Indian; indian tribe.--The terms ``Indian'' and 
     ``Indian tribe'' have the meaning given such terms in section 
     2 of the Tribally Controlled Community College Assistance Act 
     of 1978 (25 U.S.C. 1801).
       (2) Tribally controlled postsecondary vocational 
     institution.--The term ``tribally controlled postsecondary 
     vocational institution'' means an institution of higher 
     education that--
       (A) is formally controlled, or has been formally sanctioned 
     or chartered by the governing body of an Indian tribe or 
     tribes; and
       (B) offers technical degrees or certificate granting 
     programs.
       (3) Indian student count.--The term ``Indian student 
     count'' means a number equal to the total number of Indian 
     students enrolled in each tribally controlled postsecondary 
     vocational institution, determined as follows:
       (A) Registrations.--The registrations of Indian students as 
     in effect on October 1 of each year.
       (B) Summer term.--Credits or clock hours toward a 
     certificate earned in classes offered during a summer term 
     shall be counted toward the computation of the Indian student 
     count in the succeeding fall term.
       (C) Admission criteria.--Credits or clock hours toward a 
     certificate earned in classes during a summer term shall be 
     counted toward the computation of the Indian student count if 
     the institution at which the student is in attendance has 
     established criteria for the admission of such student on the 
     basis of the student's ability to benefit from the education 
     or training offered. The institution shall be presumed to 
     have established such criteria if the admission procedures 
     for such studies include counseling or testing that 
     measures the student's aptitude to successfully complete 
     the course in which the student has enrolled. No credit 
     earned by such student for purposes of obtaining a 
     secondary school diploma or its recognized equivalent 
     shall be counted toward the computation of the Indian 
     student count.
       (D) Determination of hours.--Indian students earning 
     credits in any continuing education program of a tribally 
     controlled post-secondary vocational institution shall be 
     included in determining the sum of all credit or clock hours.
       (E) Continuing education.--Credits or clock hours earned in 
     a continuing education program shall be converted to the 
     basis that is in accordance with the institution's system for 
     providing credit for participation in such programs.

     SEC. 106. INCENTIVE GRANTS.

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

     SEC. 111. STATE ADMINISTRATION.

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

     SEC. 112. STATE USE OF FUNDS.

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

     SEC. 113. STATE LEADERSHIP ACTIVITIES.

       (a) Mandatory.--Each eligible agency shall use the funds 
     reserved under section 112(a)(1) to conduct programs, 
     services, and activities that further the development, 
     implementation, and improvement of vocational education 
     within the State and that are integrated, to the maximum 
     extent possible, with challenging State academic standards, 
     including--
       (1) providing comprehensive professional development 
     (including initial teacher preparation) for vocational, 
     academic, guidance, and administrative personnel, that--
       (A) will help the teachers and personnel to assist students 
     in meeting the expected levels of performance established 
     under section 102;
       (B) reflects the eligible agency's assessment of the 
     eligible agency's needs for professional development; and
       (C) is integrated with the professional development 
     activities that the State carries out under title II of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6001 et seq.);
       (2) developing and disseminating curricula that are 
     aligned, as appropriate, with challenging State academic 
     standards, and vocational and technological skills;
       (3) monitoring and evaluating the quality of, and 
     improvement in, activities conducted with assistance under 
     this title;
       (4) providing gender equity programs in secondary and 
     postsecondary vocational education;
       (5) supporting tech-prep education activities;
       (6) improving and expanding the use of technology in 
     instruction;
       (7) supporting partnerships among local educational 
     agencies, institutions of higher education, adult education 
     providers, and, as appropriate, other entities, such as 
     employers, labor organizations, parents, and local 
     partnerships, to enable students to achieve State academic 
     standards, and vocational and technological skills; and
       (8) serving individuals in State institutions, such as 
     State correctional institutions and institutions that serve 
     individuals with disabilities.
       (b) Permissive.--Each eligible agency may use the funds 
     reserved under section 112(a)(1) for--
       (1) improving guidance and counseling programs that assist 
     students in making informed education and vocational 
     decisions;
       (2) supporting vocational student organizations, especially 
     with respect to efforts to increase the participation of 
     students who are members of populations described in section 
     114(c)(16);
       (3) providing vocational education programs for adults and 
     school dropouts to complete their secondary school education; 
     and
       (4) providing assistance to students who have participated 
     in services and activities under this title in finding an 
     appropriate job and continuing their education.

     SEC. 114. STATE PLAN.

       (a) State Plan.--
       (1) In general.--Each eligible entity desiring assistance 
     under this title for any fiscal year shall prepare and submit 
     to the Secretary a State plan for a 3-year period, together 
     with such annual revisions as the eligible agency determines 
     to be necessary.
       (2) Hearing process.--The eligible agency shall conduct 
     public hearings in the State, after appropriate and 
     sufficient notice, for the purpose of affording all segments 
     of the public and interested organizations and groups 
     (including employers, labor organizations, and parents), an 
     opportunity to present their views and make recommendations 
     regarding the State plan. A summary of such recommendations 
     and the eligible agency's response to such recommendations 
     shall be included with the State plan.
       (b) Plan Development.--The eligible agency shall develop 
     the State plan with representatives of secondary and 
     postsecondary vocational education, parents, representatives 
     of populations described in section 114(c)(16), and 
     businesses, in the State and shall also consult the Governor 
     of the State.
       (c) Plan Contents.--The State plan shall include 
     information that--
       (1) describes the vocational education activities to be 
     assisted that are designed to meet and reach the State 
     performance measures;
       (2) describes the integration of academic and technological 
     education with vocational education;
       (3) describes how the eligible agency will disaggregate 
     data relating to students participating in vocational 
     education in order to adequately measure the progress of the 
     students;

[[Page S6333]]

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

                      Subtitle C--Local Provisions

     SEC. 121. DISTRIBUTION FOR SECONDARY SCHOOL VOCATIONAL 
                   EDUCATION.

       (a) Allocation.--Except as otherwise provided in this 
     section, each eligible agency shall distribute the portion of 
     the funds made available for secondary school vocational 
     education activities under section 112(b) for any fiscal year 
     to local educational agencies within the State as follows:
       (1) Seventy percent.--From 70 percent of such portion, each 
     local educational agency shall be allocated an amount that 
     bears the same relationship to such 70 percent as the amount 
     such local educational agency was allocated under section 
     1124 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6333) for the preceding fiscal year bears to the 
     total amount received under such section by all local 
     educational agencies in the State for such year.
       (2) Twenty percent.--From 20 percent of such portion, each 
     local educational agency shall be allocated an amount that 
     bears the same relationship to such 20 percent as the number 
     of students with disabilities who have individualized 
     education programs under section 614(d) of the Individuals 
     With Disabilities Education Act (20 U.S.C. 1414(d)) served by 
     such local educational agency for the preceding fiscal year 
     bears to the total number of such students served by all 
     local educational agencies in the State for such year.
       (3) Ten percent.--From 10 percent of such portion, each 
     local educational agency shall be allocated an amount that 
     bears the same relationship to such 10 percent as the number 
     of students enrolled in schools and adults enrolled in 
     training programs under the jurisdiction of such local 
     educational agency for the preceding fiscal year bears to the 
     number of students enrolled in schools and adults enrolled in 
     training programs under the jurisdiction of all local 
     educational agencies in the State for such year.
       (b) Minimum Allocation.--
       (1) In general.--Except as provided in paragraph (2), no 
     local educational agency shall receive an allocation under 
     subsection (a) unless the amount allocated to such agency 
     under subsection (a) is not less than $25,000. A local 
     educational agency may enter into a consortium with other 
     local educational agencies for purposes of meeting the 
     minimum allocation requirement of this paragraph.
       (2) Waiver.--The eligible agency may waive the application 
     of paragraph (1) for a local educational agency that is 
     located in a rural, sparsely populated area.
       (3) Reallocation.--Any amounts that are not allocated by 
     reason of paragraph (1) or (2) shall be reallocated to local 
     educational agencies that meet the requirements of paragraph 
     (1) or (2) in accordance with the provisions of this section.
       (c) Limited Jurisdiction Agencies.--
       (1) In general.--In applying the provisions of subsection 
     (a), no eligible agency receiving assistance under this title 
     shall allocate funds to a local educational agency that 
     serves only elementary schools, but shall distribute such 
     funds to the local educational agency or regional educational 
     agency that provides secondary school services to secondary 
     school students in the same attendance area.
       (2) Special rule.--The amount to be allocated under 
     paragraph (1) to a local educational agency that has 
     jurisdiction only over secondary schools shall be determined 
     based on the number of students that entered such secondary 
     schools in the previous year from the elementary schools 
     involved.
       (d) Allocations to Area Vocational Education Schools and 
     Educational Service Agencies.--
       (1) In general.--Each eligible agency shall distribute the 
     portion of funds made available for any fiscal year by such 
     entity for secondary school vocational education activities 
     under section 112(b) to the appropriate area vocational 
     educations school or educational service agency in any case 
     in which--
       (A) the area vocational education school or educational 
     service agency, and the local educational agency concerned--
       (i) have formed or will form a consortium for the purpose 
     of receiving funds under this section; or
       (ii) have entered into or will enter into a cooperative 
     arrangement for such purpose; and
       (B)(i) the area vocational education school or educational 
     service agency serves an approximately equal or greater 
     proportion of students who are individuals with disabilities 
     or are low-income than the proportion of such students 
     attending the secondary schools under the jurisdiction of all 
     of the local educational agencies sending students to the 
     area vocational education school or the educational service 
     agency; or
       (ii) the area vocational education school, educational 
     service agency, or local educational agency demonstrates that 
     the vocational education school or educational service agency 
     is unable to meet the criterion described in clause (i) due 
     to the lack of interest by students described in clause (i) 
     in attending vocational education programs in that area 
     vocational education school or educational service agency.
       (2) Allocation basis.--If an area vocational education 
     school or educational service agency meets the requirements 
     of paragraph (1), then--
       (A) the amount that will otherwise be distributed to the 
     local educational agency under this section shall be 
     allocated to the area vocational education school, the 
     educational service agency, and the local educational agency, 
     based on each school's or agency's relative share of students 
     described in paragraph (1)(B)(i) who are attending vocational 
     education programs (based, if practicable, on the average 
     enrollment for the prior 3 years); or
       (B) such amount may be allocated on the basis of an 
     agreement between the local educational agency and the area 
     vocational education school or educational service agency.

[[Page S6334]]

       (3) State determination.--
       (A) In general.--For the purposes of this subsection, the 
     eligible agency may determine the number of students who are 
     low-income on the basis of--
       (i) eligibility for--
       (I) free or reduced-price meals under the National School 
     Lunch Act (7 U.S.C. 1751 et seq.);
       (II) assistance under a State program funded under part A 
     of title IV of the Social Security Act;
       (III) benefits under the Food Stamp Act of 1977 (7 U.S.C. 
     2011 et seq.); or
       (IV) services under title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.); or
       (ii) another index of economic status, including an 
     estimate of such index, if the eligible agency demonstrates 
     to the satisfaction of the Secretary that such index is a 
     more representative means of determining such number.
       (B) Data.--If an eligible agency elects to use more than 1 
     factor described in subparagraph (A) for purposes of making 
     the determination described in such subparagraph, the 
     eligible agency shall ensure that the data used is not 
     duplicative.
       (4) Appeals procedure.--The eligible agency shall establish 
     an appeals procedure for resolution of any dispute arising 
     between a local educational agency and an area vocational 
     education school or an educational service agency with 
     respect to the allocation procedures described in this 
     section, including the decision of a local educational agency 
     to leave a consortium.
       (5) Special rule.--Notwithstanding the provisions of 
     paragraphs (1), (2), (3), and (4), any local educational 
     agency receiving an allocation that is not sufficient to 
     conduct a secondary school vocational education program of 
     sufficient size, scope, and quality to be effective may--
       (A) form a consortium or enter into a cooperative agreement 
     with an area vocational education school or educational 
     service agency offering secondary school vocational education 
     programs of sufficient size, scope, and quality to be 
     effective and that are accessible to students who are 
     individuals with disabilities or are low-income, and are 
     served by such local educational agency; and
       (B) transfer such allocation to the area vocational 
     education school or educational service agency.
       (e) Special Rule.--Each eligible agency distributing funds 
     under this section shall treat a secondary school funded by 
     the Bureau of Indian Affairs within the State as if such 
     school were a local educational agency within the State for 
     the purpose of receiving a distribution under this section.

     SEC. 122. DISTRIBUTION FOR POSTSECONDARY VOCATIONAL 
                   EDUCATION.

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

     SEC. 123. LOCAL ACTIVITIES.

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

     SEC. 124. LOCAL APPLICATION.

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

     SEC. 125. CONSORTIA.

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

                     TITLE II--TECH-PREP EDUCATION

     SEC. 201. SHORT TITLE.

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

     SEC. 202. PURPOSES.

       The purposes of this title are--
       (1) to provide implementation grants to consortia of local 
     educational agencies, postsecondary educational institutions, 
     and employers or labor organizations, for the development and 
     operation of programs designed to provide a tech-prep 
     education program leading to a 2-year associate degree or a 
     2-year certificate;
       (2) to provide, in a systematic manner, strong, 
     comprehensive links among secondary schools, post-secondary 
     educational institutions, and local or regional employers, or 
     labor organizations; and

[[Page S6335]]

       (3) to support the use of contextual, authentic, and 
     applied teaching and curriculum based on each State's 
     academic, occupational, and employability standards.

     SEC. 203. DEFINITIONS.

       (a) In this title:
       (1) Articulation agreement.--The term ``articulation 
     agreement'' means a written commitment to a program designed 
     to provide students with a non duplicative sequence of 
     progressive achievement leading to degrees or certificates in 
     a tech-prep education program.
       (2) Community college.--The term ``community college''--
       (A) has the meaning provided in section 1201(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1141) for an 
     institution which provides not less than a 2-year program 
     which is acceptable for full credit toward a bachelor's 
     degree; and
       (B) includes tribally controlled community colleges.
       (3) Tech-prep program.--The term ``tech-prep program'' 
     means a program of study that--
       (A) combines at a minimum 2 years of secondary education 
     (as determined under State law) with a minimum of 2 years of 
     postsecondary education in a nonduplicative, sequential 
     course of study;
       (B) integrates academic and vocational instruction, and 
     utilizes work-based and worksite learning where appropriate 
     and available;
       (C) provides technical preparation in a career field such 
     as engineering technology, applied science, a mechanical, 
     industrial, or practical art or trade, agriculture, health 
     occupations, business, or applied economics;
       (D) builds student competence in mathematics, science, 
     reading, writing, communications, economics, and workplace 
     skills through applied, contextual academics, and integrated 
     instruction, in a coherent sequence of courses;
       (E) leads to an associate or a baccalaureate degree or a 
     certificate in a specific career field; and
       (F) leads to placement in appropriate employment or further 
     education.

     SEC. 204. PROGRAM AUTHORIZED.

       (a) Discretionary Amounts.--
       (1) In general.--For any fiscal year for which the amount 
     appropriated under section 207 to carry out this title is 
     equal to or less than $50,000,000, the Secretary shall award 
     grants for tech-prep education programs to consortia between 
     or among--
       (A) a local educational agency, an intermediate educational 
     agency or area vocational education school serving secondary 
     school students, or a secondary school funded by the Bureau 
     of Indian Affairs; and
       (B)(i) a nonprofit institution of higher education that 
     offers--
       (I) a 2-year associate degree program, or a 2-year 
     certificate program, and is qualified as institutions of 
     higher education pursuant to section 481(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1088(a)), including an 
     institution receiving assistance under the Tribally 
     Controlled Community College Assistance Act of 1978 (25 
     U.S.C. 1801 et seq.) and a tribally controlled postsecondary 
     vocational institution; or
       (II) a 2-year apprenticeship program that follows secondary 
     instruction,

     if such nonprofit institution of higher education is not 
     prohibited from receiving assistance under part B of the 
     Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) 
     pursuant to the provisions of section 435(a)(3) of such Act 
     (20 U.S.C. 1083(a)); or
       (ii) a proprietary institution of higher education that 
     offers a 2-year associate degree program and is qualified as 
     an institution of higher education pursuant to section 481(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1088(a)), if 
     such proprietary institution of higher education is not 
     subject to a default management plan required by the 
     Secretary.
       (2) Special rule.--In addition, a consortium described in 
     paragraph (1) may include 1 or more--
       (A) institutions of higher education that award a 
     baccalaureate degree; and
       (B) employer or labor organizations.
       (b) State Grants.--
       (1) In general.--For any fiscal year for which the amount 
     made available under section 207 to carry out this title 
     exceeds $50,000,000, the Secretary shall allot such amount 
     among the States in the same manner as funds are allotted to 
     States under paragraphs (2), (3), and (4) of section 101(a).
       (2) Payments to eligible agenices.--The Secretary shall 
     make a payment in the amount of a State's allotment under 
     this paragraph to the eligible agency that serves the State 
     and has an application approved under paragraph (4).
       (3) Award basis.--From amounts made available to each 
     eligible agency under this subsection, the eligible agency 
     shall award grants, on a competitive basis or on the basis of 
     a formula determined by the eligible agency, for tech-prep 
     education programs to consortia described in subsection (a).
       (4) State application.--Each eligible agency desiring 
     assistance under this title shall submit an application to 
     the Secretary at such time, in such manner, and accompanied 
     by such information as the Secretary may require.

     SEC. 205. TECH-PREP EDUCATION PROGRAMS.

       (a) General Authority.--Each consortium shall use amounts 
     provided through the grant to develop and operate a tech-prep 
     education program.
       (b) Contents of Program.--Any such tech-prep program 
     shall--
       (1) be carried out under an articulation agreement between 
     the participants in the consortium;
       (2) consist of at least 2 years of secondary school 
     preceding graduation and 2 years or more of higher education, 
     or an apprenticeship program of at least 2 years following 
     secondary instruction, with a common core of required 
     proficiency in mathematics, science, reading, writing, 
     communications, and technologies designed to lead to an 
     associate's degree or a certificate in a specific career 
     field;
       (3) include the development of tech-prep education program 
     curricula for both secondary and postsecondary levels that--
       (A) meets academic standards developed by the State;
       (B) links secondary schools and 2-year postsecondary 
     institutions, and where possible and practicable, 4-year 
     institutions of higher education through nonduplicative 
     sequences of courses in career fields;
       (C) uses, where appropriate and available, work-based or 
     worksite learning in conjunction with business and industry; 
     and
       (D) uses educational technology and distance learning, as 
     appropriate, to involve all the consortium partners more 
     fully in the development and operation of programs.
       (4) include a professional development program for 
     academic, vocational, and technical teachers that--
       (A) is designed to train teachers to effectively implement 
     tech-prep education curricula;
       (B) provides for joint training for teachers from all 
     participants in the consortium;
       (C) is designed to ensure that teachers stay current with 
     the needs, expectations, and methods of business and 
     industry;
       (D) focuses on training postsecondary education faculty in 
     the use of contextual and applied curricula and instruction; 
     and
       (E) provides training in the use and application of 
     technology;
       (5) include training programs for counselors designed to 
     enable counselors to more effectively--
       (A) make tech-prep education opportunities known to 
     students interested in such activities;
       (B) ensure that such students successfully complete such 
     programs;
       (C) ensure that such students are placed in appropriate 
     employment; and
       (D) stay current with the needs, expectations, and methods 
     of business and industry;
       (6) provide equal access to the full range of technical 
     preparation programs to individuals who are members of 
     populations described in section 114(c)(16), including the 
     development of tech-prep education program services 
     appropriate to the needs of such individuals; and
       (7) provide for preparatory services that assist all 
     participants in such programs.
       (c) Additional Authorized Activities.--Each such tech-prep 
     program may--
       (1) provide for the acquisition of tech-prep education 
     program equipment;
       (2) as part of the program's planning activities, acquire 
     technical assistance from State or local entities that have 
     successfully designed, established and operated tech-prep 
     programs;
       (3) acquire technical assistance from State or local 
     entities that have designed, established, and operated tech-
     prep programs that have effectively used educational 
     technology and distance learning in the delivery of curricula 
     and services and in the articulation process; and
       (4) establish articulation agreements with institutions of 
     higher education, labor organizations, or businesses located 
     outside of the State served by the consortium, especially 
     with regard to using distance learning and educational 
     technology to provide for the delivery of services and 
     programs.

     SEC. 206. APPLICATIONS

       (a) In General.--Each consortium that desires to receive a 
     grant under this title shall submit an application to the 
     Secretary or the eligible agency, as appropriate, at such 
     time and in such manager as the Secretary or the eligible 
     agency, as appropriate, shall prescribe.
       (b) Three-Year Plan.--Each application submitted under this 
     section shall contain a 3-year plan for the development and 
     implementation of activities under this title.
       (c) Approval.--The Secretary or the eligible agency, as 
     appropriate, shall approve applications based on the 
     potential of the activities described in the application to 
     create an effective tech-prep education program described in 
     section 205.
       (d) Special Consideration.--The Secretary or the eligible 
     agency, as appropriate, shall give special consideration to 
     applications that--
       (1) provide for effective employment placement activities 
     or the transfer of students to 4-year institutions of higher 
     education;
       (2) are developed in consultation with 4-year institutions 
     of higher education;
       (3) address effectively the needs of populations described 
     in section 114(c)(16);
       (4) provide education and training in areas or skills where 
     there are significant workforce shortages, including the 
     information technology industry; and
       (5) demonstrate how tech-prep programs will help students 
     meet high academic and employability competencies.
       (e) Equitable Distribution of Assistance.--In awarding 
     grants under this title, the Secretary shall ensure an 
     equitable distribution of assistance among States, and the 
     Secretary or the eligible agency, as appropriate, shall 
     ensure an equitable distribution of assistance between urban 
     and rural consortium participants.

[[Page S6336]]

       (f) Notice.--
       (1) In general.--In the case of grants to be awarded by the 
     Secretary, each consortium that submits an application under 
     this section shall provide notice of such submission and a 
     copy of such application to the State educational agency and 
     the State agency for higher education of the State in which 
     the consortium is located.
       (2) Notification.--The Secretary shall notify the State 
     educational agency and the State agency for higher education 
     of a State each time a consortium located in the State is 
     selected to receive a grant under this title.

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 208. DEMONSTRATION PROGRAM.

       (a) Demosntration Program Authorized.--From funds 
     appropriated under subsection (e) for a fiscal year, the 
     Secretary shall award grants to consortia described in 
     section 204(a) to enable the consortia to carry out tech-prep 
     education programs.
       (b) Program Contents.--Each tech-prep program referred to 
     in subsection (a)--
       (1) shall--
       (A) involve the location of a secondary school on the site 
     of a community college;
       (B) involve a business as a member of the consortium; and
       (C) require the voluntary participation of secondary school 
     students in the tech-prep education program; and
       (2) may provide summer internships at a business for 
     students or teachers.
       (c) Application.--Each consortium desiring a grant under 
     this section shall submit an application to the Secretary at 
     such time, in such manner and accompanied by such information 
     as the Secretary may require.
       (d) Applicability.--The provisions of sections 204, 205, 
     206, and 207 shall not apply to this section, except that--
       (1) the provisions of section 204(a) shall apply for 
     purposes of describing consortia eligible to receive 
     assistance under this section;
       (2) each tech-prep education program assisted under this 
     section shall meet the requirements of paragraphs (1), (2), 
     (3)(A), (3)(B), (3)(C), (3)(D), (4), (5), (6), and (7) of 
     section 205(b), except that such paragraph (3)(B) shall be 
     applied by striking ``, and where possible and practicable, 
     4-year institutions of higher education through 
     nonduplicative sequences of courses in career fields''; and
       (3) in awarding grants under this section, the Secretary 
     shall give special consideration to consortia submitting 
     applications under subsection (c) that meet the requirements 
     of paragraphs (1), (3), (4), and (5) of section 206(d), 
     except that such paragraph (1) shall be applied by striking 
     ``or the transfer of students to 4-year institutions of 
     higher education''.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     fiscal year 1999 and each of the 5 succeeding fiscal years.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. ADMINISTRATIVE PROVISIONS.

       (a) Supplement Not Supplant.--Funds made available under 
     this Act for vocational education activities shall 
     supplement, and shall not supplant, non-Federal funds 
     expended to carry out vocational education and tech-prep 
     activities.
       (b) Maintenance of Effort.--
       (1) Determination.--No payments shall be made under this 
     Act for any fiscal year to an eligible agency for vocational 
     education or tech-prep activities unless the Secretary 
     determines that the fiscal effort per student or the 
     aggregate expenditures of the State for vocational education 
     for the fiscal year preceding the fiscal year for which the 
     determination is made, equaled or exceeded such effort or 
     expenditures for vocational education for the second fiscal 
     year preceding the fiscal year for which the determination is 
     made.
       (2) Waiver.--The Secretary may waive the requirements of 
     this section, with respect to not more than 5 percent of 
     expenditures by any eligible agency for 1 fiscal year only, 
     on making a determination that such waiver would be equitable 
     due to exceptional or uncontrollable circumstances affecting 
     the ability of the applicant to meet such requirements, such 
     as a natural disaster or an unforeseen and precipitous 
     decline in financial resources. No level of funding permitted 
     under such a waiver may be used as the basis for computing 
     the fiscal effort or aggregate expenditures required under 
     this section for years subsequent to the year covered by such 
     waiver. The fiscal effort or aggregate expenditures for 
     the subsequent years shall be computed on the basis of the 
     level of funding that would, but for such waiver, have 
     been required.
       (c) Representation.--The eligible agency shall provide 
     representation to the statewide partnership.

     SEC. 302. EVALUATION, IMPROVEMENT, AND ACCOUNTABILITY.

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

     SEC. 303. NATIONAL ACTIVITIES.

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

     SEC. 304. NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION 
                   PROGRAMS.

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

[[Page S6337]]

     and implementation of the assessment required under 
     subsection (a).
       (2) Reports.--The Secretary shall submit to the Committee 
     on Education and the Workforce of the House of 
     Representatives, the Committee on Labor and Human Resources 
     of the Senate, and the Secretary--
       (A) an interim report regarding the assessment on or before 
     July 1, 2001; and
       (B) a final report, summarizing all studies and analyses 
     that relate to the assessment and that are completed after 
     the assessment, on or before July 1, 2002.
       (3) Prohibition.--Notwithstanding any other provision of 
     law or regulation, the reports required by this subsection 
     shall not be subject to any review outside of the Department 
     of Education before their transmittal to the Committee on 
     Education and the Workforce of the House of Representatives, 
     the Committee on Labor and Human Resources of the Senate, and 
     the Secretary, but the President, the Secretary, and the 
     independent advisory panel established under subsection (b) 
     may make such additional recommendations to Congress with 
     respect to the assessment as the President, the Secretary, or 
     the panel determine to be appropriate.

     SEC. 305. NATIONAL RESEARCH CENTER.

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

     SEC. 306. DATA SYSTEMS.

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

     SEC. 307. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

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

     SEC. 308. DEFINITION.

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

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

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

                            TITLE V--REPEAL

     SEC. 501. REPEAL.

       (a) Repeal.--The Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.) is 
     repealed.
       (b) References to Carl D. Perkins Vocational and Applied 
     Technology Education Act.--
       (1) Immigration and nationality act.--Section 245A(h)(4)(C) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1255a(h)(4)(C)) is amended by striking ``Vocational Education 
     Act of 1963'' and inserting ``Carl D. Perkins Vocational and 
     Applied Technology Education Act of 1998''.
       (2) National defense authorization act.--Section 4461 of 
     the National Defense Authorization Act for Fiscal Year 1993 
     (10 U.S.C. 1143 note) is amended--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraphs (5) and (6) as paragraphs 
     (4) and (5), respectively.
       (3) Elementary and secondary education act of 1965.--The 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended--
       (A) in section 1114(b)(2)(C)(v) (20 U.S.C. 
     6314(b)(2)(C)(v)), by striking ``Carl D. Perkins Vocational 
     and Applied Technology Education Act,'' and inserting ``Carl 
     D. Perkins Vocational and Applied Technology Education Act of 
     1998'';
       (B) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)), by 
     striking ``Carl D. Perkins Vocational and Applied Technology 
     Education Act'' and inserting ``Carl D. Perkins Vocational 
     and Applied Technology Education Act of 1998'';
       (C) in section 14302(a)(2) (20 U.S.C. 8852(a)(2))--
       (1) by striking and inserting subparagraph (C); and
       (ii) by redesignating subparagraphs (D), (E), and (F) as 
     subparagraphs (C), (D), and (E), respectively; and
       (D) in the matter preceding subparagraph (A) of section 
     14307(a)(1) (20 U.S.C. 8857(a)(1)), by striking ``Carl D. 
     Perkins Vocational and Applied Technology Education Act'' and 
     inserting ``Carl D. Perkins Vocational and Applied Technology 
     Education Act of 1998''.
       (4) Equity in educational land-grant status act of 1994.--
     Section 533(c)(4)(A) of the Equity in Educational Land-Grant 
     Status Act of 1994 (7 U.S.C. 301 note) is amended by striking 
     ``(20 U.S.C. 2397h(3)'' and inserting ``, as such section was 
     in effect on the day preceding the date of enactment of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act of 1998''.
       (5) Improving america's schools act of 1994.--Section 563 
     of the Improving America's Schools Act of 1994 (20 U.S.C. 
     6301 note) is amended by striking ``the date of enactment of 
     an Act reauthorizing the Carl D. Perkins Vocational and 
     Applied Technology Education Act (20 U.S.C. 2301 et seq.)'' 
     and inserting ``July 1, 1999''.
       (6) Internal revenue code of 1986.--Section 135(c)(3)(B) of 
     the Internal Revenue Code of 1986 (26 U.S.C. 135(c)(3)(B)) is 
     amended--
       (A) by striking ``subparagraph (C) or (D) of section 521(3) 
     of the Carl D. Perkins Vocational Education Act'' and 
     inserting ``subparagraph (C) or (D) of section 2(3) of the 
     Workforce Investment Partnership Act of 1998''; and
       (B) by striking ``any State (as defined in section 521(27) 
     of such Act)'' and inserting ``any State or outlying area (as 
     the terms `State' and `outlying area' are defined in section 
     2 of such Act)''.
       (7) Appalachian regional development act of 1965.--Section 
     214(c) of the Appalachian Regional Development Act of 1965 
     (40 U.S.C. App. 214(c)) (as amended by subsection (c)(5)) is 
     further amended by striking ``Carl D. Perkins Vocational 
     Education Act'' and inserting ``Carl D. Perkins Vocational 
     and Applied Technology Education Act of 1998''.
       (8) Vocational education amendments of 1968.--Section 104 
     of the Vocational Education Amendments of 1968 (82 Stat. 
     1091) is

[[Page S6338]]

     amended by striking ``section 3 of the Carl D. Perkins 
     Vocational Education Act'' and inserting ``the Carl D. 
     Perkins Vocational and Applied Technology Education Act of 
     1998''.
       (9) Older americans act of 1965.--The Older Americans Act 
     of 1965 (42 U.S.C. 3001 et seq.) is amended--
       (A) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)N)(i)), 
     by striking ``or the Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.)''; and
       (B) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))--
       (i) by striking ``employment and training programs'' and 
     inserting ``workforce investment activities''; and
       (ii) by striking ``the Carl D. Perkins Vocational and 
     Applied Technology Education Act (20 U.S.C. 2301 et seq.)'' 
     and inserting ``the Carl D. Perkins Vocational and Applied 
     Technology Education Act of 1998''.

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