[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10032-H10048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 CONFERENCE REPORT ON H.R. 1853, CARL D. PERKINS VOCATIONAL- TECHNICAL 
                         EDUCATION ACT OF 1998

  Mr. Goodling submitted the following conference report and statement 
on the bill (H.R. 1853) to amend the Carl D. Perkins Vocational and 
Applied Technology Education Act:

                      Conference Report (105-800)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1853), to amend the Carl D. Perkins Vocational and Applied 
     Technology Education Act, having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; AMENDMENT.

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

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

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


[[Page H10033]]


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

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

                   ``Part A--Allotment and Allocation

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

                       ``Part B--State Provisions

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

                       ``Part C--Local Provisions

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

                    ``TITLE II--TECH-PREP EDUCATION

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

                    ``TITLE III--GENERAL PROVISIONS

              ``Part A--Federal Administrative Provisions

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

               ``Part B--State Administrative Provisions

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

     ``SEC. 2. PURPOSE.

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

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Administration.--The term `administration', when used 
     with respect to an eligible agency or eligible recipient, 
     means activities necessary for the proper and efficient 
     performance of the eligible agency or eligible recipient's 
     duties under this Act, including supervision, but does not 
     include curriculum development activities, personnel 
     development, or research activities.
       ``(2) All aspects of an industry.--The term `all aspects of 
     an industry' means strong experience in, and comprehensive 
     understanding of, the industry that the individual is 
     preparing to enter.
       ``(3) Area vocational and technical education school.--The 
     term `area vocational and technical education school' means--
       ``(A) a specialized public secondary school used 
     exclusively or principally for the provision of vocational 
     and technical education to individuals who are available for 
     study in preparation for entering the labor market;
       ``(B) the department of a public secondary school 
     exclusively or principally used for providing vocational and 
     technical education in not fewer than 5 different 
     occupational fields to individuals who are available for 
     study in preparation for entering the labor market;
       ``(C) a public or nonprofit technical institution or 
     vocational and technical education school used exclusively or 
     principally for the provision of vocational and technical 
     education to individuals who have completed or left secondary 
     school and who are available for study in preparation for 
     entering the labor market, if the institution or school 
     admits as regular students both individuals who have 
     completed secondary school and individuals who have left 
     secondary school; or
       ``(D) the department or division of an institution of 
     higher education, that operates under the policies of the 
     eligible agency and that provides vocational and technical 
     education in not fewer than five different occupational 
     fields leading to immediate employment but not necessarily 
     leading to a baccalaureate degree, if the department or 
     division admits as regular students both individuals who have 
     completed secondary school and individuals who have left 
     secondary school.
       ``(4) Career guidance and academic counseling.--The term 
     `career guidance and academic counseling' means providing 
     access to information regarding career awareness and planning 
     with respect to an individual's occupational and academic 
     future that shall involve guidance and counseling with 
     respect to career options, financial aid, and postsecondary 
     options.
       ``(5) Charter school.--The term `charter school' has the 
     meaning given the term in section 10306 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8066).
       ``(6) Cooperative education.--The term `cooperative 
     education' means a method of instruction of education for 
     individuals who, through written cooperative arrangements 
     between a school and employers, receive instruction, 
     including required academic courses and related vocational 
     and technical education instruction, by alternation of study 
     in school with a job in any occupational field, which 
     alternation shall be planned and supervised by the school and 
     employer so that each contributes to the education and 
     employability of the individual, and may include an 
     arrangement in which work periods and school attendance may 
     be on alternate half days, full days, weeks, or other periods 
     of time in fulfilling the cooperative program.
       ``(7) Displaced homemaker.--The term `displaced homemaker' 
     means an individual who--
       ``(A)(i) has worked primarily without remuneration to care 
     for a home and family, and for that reason has diminished 
     marketable skills;
       ``(ii) has been dependent on the income of another family 
     member but is no longer supported by that income; or
       ``(iii) is a parent whose youngest dependent child will 
     become ineligible to receive assistance under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.) not 
     later than 2 years after the date on which the parent applies 
     for assistance under this title; and
       ``(B) is unemployed or underemployed and is experiencing 
     difficulty in obtaining or upgrading employment.
       ``(8) Educational service agency.--The term `educational 
     service agency' has the meaning given the term in section 
     14101 of the Elementary and Secondary Education Act of 1965.
       ``(9) Eligible agency.--The term `eligible agency' means a 
     State board designated or created consistent with State law 
     as the sole State agency responsible for the administration 
     of vocational and technical education or for supervision of 
     the administration of vocational and technical education in 
     the State.
       ``(10) Eligible institution.--The term `eligible 
     institution' means--
       ``(A) an institution of higher education;
       ``(B) a local educational agency providing education at the 
     postsecondary level;
       ``(C) an area vocational and technical education school 
     providing education at the postsecondary level;
       ``(D) a postsecondary educational institution controlled by 
     the Bureau of Indian Affairs or operated by or on behalf of 
     any Indian tribe that is eligible to contract with the 
     Secretary of the Interior for the administration of programs 
     under the Indian Self-Determination Act or the Act of April 
     16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.);
       ``(E) an educational service agency; or
       ``(F) a consortium of 2 or more of the entities described 
     in subparagraphs (A) through (E).
       ``(11) Eligible recipient.--The term `eligible recipient' 
     means--
       ``(A) a local educational agency, an area vocational and 
     technical education school, an educational service agency, or 
     a consortium, eligible to receive assistance under section 
     131; or
       ``(B) an eligible institution or consortium of eligible 
     institutions eligible to receive assistance under section 
     132.
       ``(12) Governor.--The term `Governor' means the chief 
     executive officer of a State or an outlying area.
       ``(13) Individual with limited english proficiency.--The 
     term `individual with limited English proficiency' means a 
     secondary school student, an adult, or an out-of-school 
     youth, who has limited ability in speaking, reading, writing, 
     or understanding the English language, and--
       ``(A) whose native language is a language other than 
     English; or
       ``(B) who lives in a family or community environment in 
     which a language other than English is the dominant language.
       ``(14) Individual with a disability.--
       ``(A) In general.--The term `individual with a disability' 
     means an individual with any disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)).
       ``(B) Individuals with disabilities.--The term `individuals 
     with disabilities' means more than 1 individual with a 
     disability.
       ``(15) Institution of higher education.--The term 
     `institution of higher education' has

[[Page H10034]]

     the meaning given the term in section 101 of the Higher 
     Education Act of 1965.
       ``(16) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       ``(17) Nontraditional training and employment.--The term 
     `nontraditional training and employment' means occupations or 
     fields of work, including careers in computer science, 
     technology, and other emerging high skill occupations, for 
     which individuals from one gender comprise less than 25 
     percent of the individuals employed in each such occupation 
     or field of work.
       ``(18) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau.
       ``(19) Postsecondary educational institution.--The term 
     `postsecondary educational institution' means--
       ``(A) an institution of higher education that provides not 
     less than a 2-year program of instruction that is acceptable 
     for credit toward a bachelor's degree;
       ``(B) a tribally controlled college or university; or
       ``(C) a nonprofit educational institution offering 
     certificate or apprenticeship programs at the postsecondary 
     level.
       ``(20) School dropout.--The term `school dropout' means an 
     individual who is no longer attending any school and who has 
     not received a secondary school diploma or its recognized 
     equivalent.
       ``(21) Secondary school.--The term `secondary school' has 
     the meaning given the term in section 14101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8801).
       ``(22) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(23) Special populations.--The term `special populations' 
     means--
       ``(A) individuals with disabilities;
       ``(B) individuals from economically disadvantaged families, 
     including foster children;
       ``(C) individuals preparing for nontraditional training and 
     employment;
       ``(D) single parents, including single pregnant women;
       ``(E) displaced homemakers; and
       ``(F) individuals with other barriers to educational 
     achievement, including individuals with limited English 
     proficiency.
       ``(24) State.--The term `State', unless otherwise 
     specified, means each of the several States of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each outlying area.
       ``(25) Support services.--The term `support services' means 
     services related to curriculum modification, equipment 
     modification, classroom modification, supportive personnel, 
     and instructional aids and devices.
       ``(26) Tech-prep program.--The term `tech-prep program' 
     means a program of study that--
       ``(A) combines at least 2 years of secondary education (as 
     determined under State law) and 2 years of postsecondary 
     education in a nonduplicative sequential course of study;
       ``(B) strengthens the applied academic component of 
     vocational and technical education through the integration of 
     academic, and vocational and technical, instruction;
       ``(C) provides technical preparation in an area such as 
     engineering technology, applied science, a mechanical, 
     industrial, or practical art or trade, agriculture, a health 
     occupation, business, or applied economics;
       ``(D) builds student competence in mathematics, science, 
     and communications (including through applied academics) in a 
     coherent sequence of courses; and
       ``(E) leads to an associate degree or a certificate in a 
     specific career field, and to high skill, high wage 
     employment, or further education.
       ``(27) Tribally controlled college or university.--The term 
     `tribally controlled college or university' has the meaning 
     given such term in section 2 of the Tribally Controlled 
     College or University Assistance Act of 1978 (25 U.S.C. 
     1801(a)(4)).
       ``(28) Tribally controlled postsecondary vocational and 
     technical institution.--The term `tribally controlled 
     postsecondary vocational and technical institution' means an 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965, except that paragraph (2) 
     of such section shall not be applicable and the reference to 
     Secretary in paragraph (5)(A) of such section shall be deemed 
     to refer to the Secretary of the Interior) that--
       ``(A) is formally controlled, or has been formally 
     sanctioned or chartered, by the governing body of an Indian 
     tribe or Indian tribes;
       ``(B) offers a technical degree or certificate granting 
     program;
       ``(C) is governed by a board of directors or trustees, a 
     majority of whom are Indians;
       ``(D) demonstrates adherence to stated goals, a philosophy, 
     or a plan of operation, that fosters individual Indian 
     economic and self-sufficiency opportunity, including programs 
     that are appropriate to stated tribal goals of developing 
     individual entrepreneurships and self-sustaining economic 
     infrastructures on reservations;
       ``(E) has been in operation for at least 3 years;
       ``(F) holds accreditation with or is a candidate for 
     accreditation by a nationally recognized accrediting 
     authority for postsecondary vocational and technical 
     education; and
       ``(G) enrolls the full-time equivalent of not less than 100 
     students, of whom a majority are Indians.
       (29) Vocational and technical education.--The term 
     `vocational and technical education' means organized 
     educational activities that--
       ``(A) offer a sequence of courses that provides individuals 
     with the academic and technical knowledge and skills the 
     individuals need to prepare for further education and for 
     careers (other than careers requiring a baccalaureate, 
     master's, or doctoral degree) in current or emerging 
     employment sectors; and
       ``(B) include competency-based applied learning that 
     contributes to the academic knowledge, higher-order reasoning 
     and problem-solving skills, work attitudes, general 
     employability skills, technical skills, and occupation-
     specific skills, of an individual.
       ``(30) Vocational and technical student organization.--
       ``(A) In general.--The term `vocational and technical 
     student organization' means an organization for individuals 
     enrolled in a vocational and technical education program that 
     engages in vocational and technical activities as an integral 
     part of the instructional program.
       ``(B) State and national units.--An organization described 
     in subparagraph (A) may have State and national units that 
     aggregate the work and purposes of instruction in vocational 
     and technical education at the local level.

     ``SEC. 4. TRANSITION PROVISIONS.

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

     ``SEC. 5. PRIVACY.

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

     ``SEC. 6. LIMITATION.

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

     ``SEC. 7. SPECIAL RULE.

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

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

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

                   ``PART A--ALLOTMENT AND ALLOCATION

     ``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.

       ``(a) Reservations and State Allotment.--
       ``(1) Reservations.--From the sum appropriated under 
     section 8 for each fiscal year, the Secretary shall reserve--
       ``(A) 0.2 percent to carry out section 115;
       ``(B) 1.50 percent to carry out section 116, of which--
       ``(i) 1.25 percent of the sum shall be available to carry 
     out section 116(b); and
       ``(ii) 0.25 percent of the sum shall be available to carry 
     out section 116(h); and
       ``(C) in the case of each of the fiscal years 2000 through 
     2003, 0.54 percent to carry out section 503 of Public Law 
     105-220.
       ``(2) State allotment formula.--Subject to paragraphs (3) 
     and (4), from the remainder of the sums appropriated under 
     section 8 and not reserved under paragraph (1) for a fiscal 
     year, the Secretary shall allot to a State for the fiscal 
     year--
       ``(A) an amount that bears the same ratio to 50 percent of 
     the sums being allotted as the product of the population aged 
     15 to 19 inclusive, in the State in the fiscal year preceding 
     the fiscal year for which the determination is made and the 
     State's allotment ratio bears to the sum of the corresponding 
     products for all the States;
       ``(B) an amount that bears the same ratio to 20 percent of 
     the sums being allotted as the product of the population aged 
     20 to 24, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States;
       ``(C) an amount that bears the same ratio to 15 percent of 
     the sums being allotted as the product of the population aged 
     25 to 65, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States; and
       ``(D) an amount that bears the same ratio to 15 percent of 
     the sums being allotted as the amounts allotted to the State 
     under subparagraphs (A), (B), and (C) for such years bears to 
     the sum of the amounts allotted to all the States under 
     subparagraphs (A), (B), and (C) for such year.
       ``(3) Minimum allotment.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and subject to subparagraphs

[[Page H10035]]

     (B) and (C), and paragraph (4), no State shall receive for a 
     fiscal year under this subsection less than \1/2\ of 1 
     percent of the amount appropriated under section 8 and not 
     reserved under paragraph (1) for such fiscal year. Amounts 
     necessary for increasing such payments to States to comply 
     with the preceding sentence shall be obtained by ratably 
     reducing the amounts to be paid to other States.
       ``(B) Requirement.--No State, by reason of the application 
     of subparagraph (A), shall receive for a fiscal year more 
     than 150 percent of the amount the State received under this 
     subsection for the preceding fiscal year (or in the case of 
     fiscal year 1999 only, under section 101 of the Carl D. 
     Perkins Vocational and Applied Technology Education Act, as 
     such section was in effect on the day before the date of 
     enactment of the Carl D. Perkins Vocational and Applied 
     Technology Education Amendments of 1998).
       ``(C) Special rule.--
       ``(i) In general.--Subject to paragraph (4), no State, by 
     reason of the application of subparagraph (A), shall be 
     allotted for a fiscal year more than the lesser of--

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

       ``(II) the amount calculated under clause (ii).

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

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

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

     ``SEC. 112. WITHIN STATE ALLOCATION.

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

     ``SEC. 113. ACCOUNTABILITY.

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

[[Page H10036]]

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

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

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

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

     ``SEC. 114. NATIONAL ACTIVITIES.

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

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

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

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

       ``(ii) Prohibition.--Notwithstanding any other provision of 
     law, the reports required by

[[Page H10037]]

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

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

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

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

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

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

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

     ``SEC. 116. NATIVE AMERICAN PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Alaska native.--The term `Alaska Native' means a 
     Native as such term is defined in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602(b)).
       ``(2) Bureau funded school.--The term `Bureau funded 
     school' has the meaning given the term in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026).
       ``(3) Indian, indian tribe, and tribal organization.--The 
     terms `Indian', `Indian tribe', and `tribal organization' 
     have the meanings given the terms in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).
       ``(4) Native hawaiian.--The term `Native Hawaiian' means 
     any individual any of whose ancestors were natives, prior to 
     1778, of the area which now comprises the State of Hawaii.
       ``(5) Native hawaiian organization.--The term `Native 
     Hawaiian organization' has the meaning given the term in 
     section 9212 of the Native Hawaiian Education Act (20 U.S.C. 
     7912).
       ``(b) Program Authorized.--
       ``(1) Authority.--From funds reserved under section 
     111(a)(1)(B)(i), the Secretary shall make grants to and enter 
     into contracts with Indian tribes, tribal organizations, and 
     Alaska Native entities to carry out the authorized programs 
     described in subsection (d), except that such grants or 
     contracts shall not be awarded to secondary school programs 
     in Bureau funded schools.
       ``(2) Indian tribes and tribal organizations.--The grants 
     or contracts described in this section (other than in 
     subsection (i)) that are awarded to any Indian tribe or 
     tribal organization shall be subject to the terms and 
     conditions of section 102 of the Indian Self-Determination 
     Act (25 U.S.C. 450f) and shall be conducted in accordance 
     with the provisions of sections 4, 5, and 6 of the Act of 
     April 16, 1934, which are relevant to the programs 
     administered under this subsection.
       ``(3) Special authority relating to secondary schools 
     operated or supported by the bureau of indian affairs.--An 
     Indian tribe, a tribal organization, or an Alaska Native 
     entity, that receives funds through a grant made or contract 
     entered into under paragraph (1) may use the funds to provide 
     assistance to a secondary school operated or supported by the 
     Bureau of Indian Affairs to enable such school to carry out 
     vocational and technical education programs.
       ``(4) Matching.--If sufficient funding is available, the 
     Bureau of Indian Affairs shall expend an amount equal to the 
     amount made available under this subsection, relating to 
     programs for Indians, to pay a part of the costs of programs 
     funded under this subsection. During each fiscal year the 
     Bureau of Indian Affairs shall expend not less than the 
     amount expended during the prior fiscal year on vocational 
     and technical education programs, services, and technical 
     activities administered either directly by, or under contract 
     with, the Bureau of Indian Affairs, except that in no year 
     shall funding for such programs, services, and activities be 
     provided from accounts and programs that support other Indian 
     education programs. The Secretary and the Assistant Secretary 
     of the Interior for Indian Affairs shall prepare jointly a 
     plan for the expenditure of funds made available and for the 
     evaluation of programs assisted under this subsection. Upon 
     the completion of a joint plan for the expenditure of the 
     funds and the evaluation of the programs, the Secretary shall 
     assume responsibility for the administration of the program, 
     with the assistance and consultation of the Bureau of Indian 
     Affairs.
       ``(5) Regulations.--If the Secretary promulgates any 
     regulations applicable to subsection (b)(2), the Secretary 
     shall--

[[Page H10038]]

       ``(A) confer with, and allow for active participation by, 
     representatives of Indian tribes, tribal organizations, and 
     individual tribal members; and
       ``(B) promulgate the regulations under subchapter III of 
     chapter 5 of title 5, United States Code, commonly known as 
     the ``Negotiated Rulemaking Act of 1990''.
       ``(6) Application.--Any Indian tribe, tribal organization, 
     or Bureau funded school eligible to receive assistance under 
     subsection (b) may apply individually or as part of a 
     consortium with another such Indian tribe, tribal 
     organization, or Bureau funded school.
       ``(c) Authorized Activities.--
       ``(1) Authorized programs.--Funds made available under this 
     section shall be used to carry out vocational and technical 
     education programs consistent with the purpose of this Act.
       ``(2) Stipends.--
       ``(A) In general.--Funds received pursuant to grants or 
     contracts awarded under subsection (b) may be used to provide 
     stipends to students who are enrolled in vocational and 
     technical education programs and who have acute economic 
     needs which cannot be met through work-study programs.
       ``(B) Amount.--Stipends described in subparagraph (A) shall 
     not exceed reasonable amounts as prescribed by the Secretary.
       ``(d) Grant or Contract Application.--In order to receive a 
     grant or contract under this section an organization, tribe, 
     or entity described in subsection (b) shall submit an 
     application to the Secretary that shall include an assurance 
     that such organization, tribe, or entity shall comply with 
     the requirements of this section.
       ``(e) Restrictions and Special Considerations.--The 
     Secretary may not place upon grants awarded or contracts 
     entered into under subsection (b) any restrictions relating 
     to programs other than restrictions that apply to grants made 
     to or contracts entered into with States pursuant to 
     allotments under section 111(a). The Secretary, in awarding 
     grants and entering into contracts under this paragraph, 
     shall ensure that the grants and contracts will improve 
     vocational and technical education programs, and shall give 
     special consideration to--
       ``(1) programs that involve, coordinate with, or encourage 
     tribal economic development plans; and
       ``(2) applications from tribally controlled colleges or 
     universities that--
       ``(A) are accredited or are candidates for accreditation by 
     a nationally recognized accreditation organization as an 
     institution of postsecondary vocational and technical 
     education; or
       ``(B) operate vocational and technical education programs 
     that are accredited or are candidates for accreditation by a 
     nationally recognized accreditation organization and issue 
     certificates for completion of vocational and technical 
     education programs.
       ``(f) Consolidation of Funds.--Each organization, tribe, or 
     entity receiving assistance under this section may 
     consolidate such assistance with assistance received from 
     related programs in accordance with the provisions of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C 3401 et seq.).
       ``(g) Nonduplicative and Nonexclusive Services.--Nothing in 
     this section shall be construed--
       ``(1) to limit the eligibility of any organization, tribe, 
     or entity described in subsection (b) to participate in any 
     activity offered by an eligible agency or eligible recipient 
     under this title; or
       ``(2) to preclude or discourage any agreement, between any 
     organization, tribe, or entity described in subsection (b) 
     and any eligible agency or eligible recipient, to facilitate 
     the provision of services by such eligible agency or eligible 
     recipient to the population served by such eligible agency or 
     eligible recipient.
       ``(h) Native Hawaiian Programs.--From the funds reserved 
     pursuant to section 111(a)(1)(B)(ii), the Secretary shall 
     award grants to or enter into contracts with organizations 
     primarily serving and representing Native Hawaiians which are 
     recognized by the Governor of the State of Hawaii to plan, 
     conduct, and administer programs, or portions thereof, which 
     are authorized by and consistent with the provisions of this 
     section for the benefit of Native Hawaiians.

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

       ``(a) Grants Authorized.--The Secretary shall, subject to 
     the availability of appropriations, make grants pursuant to 
     this section to tribally controlled postsecondary vocational 
     and technical institutions to provide basic support for the 
     education and training of Indian students.
       ``(b) Use of Grants.--Amounts made available pursuant to 
     this section shall be used for vocational and technical 
     education programs.
       ``(c) Amount of Grants.--
       ``(1) In general.--If the sums appropriated for any fiscal 
     year for grants under this section are not sufficient to pay 
     in full the total amount which approved applicants are 
     eligible to receive under this section for such fiscal year, 
     the Secretary shall first allocate to each such applicant who 
     received funds under this part for the preceding fiscal year 
     an amount equal to 100 percent of the product of the per 
     capita payment for the preceding fiscal year and such 
     applicant's Indian student count for the current program 
     year, plus an amount equal to the actual cost of any increase 
     to the per capita figure resulting from inflationary 
     increases to necessary costs beyond the institution's 
     control.
       ``(2) Per capita determination.--For the purposes of 
     paragraph (1), the per capita payment for any fiscal year 
     shall be determined by dividing the amount available for 
     grants to tribally controlled postsecondary vocational and 
     technical institutions under this section for such program 
     year by the sum of the Indian student counts of such 
     institutions for such program year. The Secretary shall, on 
     the basis of the most accurate data available from the 
     institutions, compute the Indian student count for any fiscal 
     year for which such count was not used for the purpose of 
     making allocations under this section.
       ``(d) Applications.--Any tribally controlled postsecondary 
     vocational and technical institution that desires to receive 
     a grant under this section shall submit an application to the 
     Secretary in such manner and form as the Secretary may 
     require.
       ``(e) Expenses.--
       ``(1) In general.--The Secretary shall, subject to the 
     availability of appropriations, provide for each program year 
     to each tribally controlled postsecondary vocational and 
     technical institution having an application approved by the 
     Secretary, an amount necessary to pay expenses associated 
     with--
       ``(A) the maintenance and operation of the program, 
     including development costs, costs of basic and special 
     instruction (including special programs for individuals with 
     disabilities and academic instruction), materials, student 
     costs, administrative expenses, boarding costs, 
     transportation, student services, daycare and family support 
     programs for students and their families (including 
     contributions to the costs of education for dependents), and 
     student stipends;
       ``(B) capital expenditures, including operations and 
     maintenance, and minor improvements and repair, and physical 
     plant maintenance costs, for the conduct of programs funded 
     under this section; and
       ``(C) costs associated with repair, upkeep, replacement, 
     and upgrading of the instructional equipment.
       ``(2) Accounting.--Each institution receiving a grant under 
     this section shall provide annually to the Secretary an 
     accurate and detailed accounting of the institution's 
     operating and maintenance expenses and such other information 
     concerning costs as the Secretary may reasonably require.
       ``(f) Other Programs.--
       ``(1) In general.--Except as specifically provided in this 
     Act, eligibility for assistance under this section shall not 
     preclude any tribally controlled postsecondary vocational and 
     technical institution from receiving Federal financial 
     assistance under any program authorized under the Higher 
     Education Act of 1965, or any other applicable program for 
     the benefit of institutions of higher education or vocational 
     and technical education.
       ``(2) Prohibition on alteration of grant amount.--The 
     amount of any grant for which tribally controlled 
     postsecondary vocational and technical institutions are 
     eligible under this section shall not be altered because of 
     funds allocated to any such institution from funds 
     appropriated under the Act of November 2, 1921 (commonly 
     known as the `Snyder Act') (42 Stat. 208, chapter 115; 25 
     U.S.C. 13).
       ``(3) Prohibition on contract denial.--No tribally 
     controlled postsecondary vocational and technical institution 
     for which an Indian tribe has designated a portion of the 
     funds appropriated for the tribe from funds appropriated 
     under the Act of November 2, 1921, may be denied a contract 
     for such portion under the Indian Self-Determination and 
     Education Assistance Act (except as provided in that Act), or 
     denied appropriate contract support to administer such 
     portion of the appropriated funds.
       ``(g) Needs Estimate and Report on Facilities and 
     Facilities Improvement.--
       ``(1) Needs estimate.--The Secretary shall, based on the 
     most accurate data available from the institutions and Indian 
     tribes whose Indian students are served under this section, 
     and in consideration of employment needs, economic 
     development needs, population training needs, and facilities 
     needs, prepare an actual budget needs estimate for each 
     institution eligible under this section for each subsequent 
     program year, and submit such budget needs estimate to 
     Congress in such a timely manner as will enable the 
     appropriate committees of Congress to consider such needs 
     data for purposes of the uninterrupted flow of adequate 
     appropriations to such institutions. Such data shall take 
     into account the purposes and requirements of part A of 
     title IV of the Social Security Act.
       ``(2) Study of training and housing needs.--
       ``(A) In general.--The Secretary shall conduct a detailed 
     study of the training, housing, and immediate facilities 
     needs of each institution eligible under this section. The 
     study shall include an examination of--
       ``(i) training equipment needs;
       ``(ii) housing needs of families whose heads of households 
     are students and whose dependents have no alternate source of 
     support while such heads of households are students; and
       ``(iii) immediate facilities needs.
       ``(B) Report.--The Secretary shall report to Congress not 
     later than July 1, 2000, on the results of the study required 
     by subparagraph (A).
       ``(C) Contents.--The report required by subparagraph (B) 
     shall include the number, type, and cost of meeting the needs 
     described in subparagraph (A), and rank each institution by 
     relative need.
       ``(D) Priority.--In conducting the study required by 
     subparagraph (A), the Secretary shall give priority to 
     institutions that are receiving assistance under this 
     section.
       ``(3) Long-term study of facilities.--
       ``(A) In general.--The Secretary shall provide for the 
     conduct of a long-term study of the facilities of each 
     institution eligible for assistance under this section.
       ``(B) Contents.--The study required by subparagraph (A) 
     shall include a 5-year projection

[[Page H10039]]

     of training facilities, equipment, and housing needs and 
     shall consider such factors as projected service population, 
     employment, and economic development forecasting, based on 
     the most current and accurate data available from the 
     institutions and Indian tribes affected.
       ``(C) Submission.--The Secretary shall submit to Congress a 
     detailed report on the results of such study not later than 
     the end of the 18-month period beginning on the date of 
     enactment of this Act.
       ``(h) Definitions.--In this section:
       ``(1) Indian.--The terms `Indian' and `Indian tribe' have 
     the meanings given the terms in section 2 of the Tribally 
     Controlled College or University Assistance Act of 1978.
       ``(2) Indian student count.--The term `Indian student 
     count' means a number equal to the total number of Indian 
     students enrolled in each tribally controlled postsecondary 
     vocational and technical institution, determined as follows:
       ``(A) Registrations.--The registrations of Indian students 
     as in effect on October 1 of each year.
       ``(B) Summer term.--Credits or clock hours toward a 
     certificate earned in classes offered during a summer term 
     shall be counted toward the computation of the Indian student 
     count in the succeeding fall term.
       ``(C) Admission criteria.--Credits or clock hours toward a 
     certificate earned in classes during a summer term shall be 
     counted toward the computation of the Indian student count if 
     the institution at which the student is in attendance has 
     established criteria for the admission of such student on the 
     basis of the student's ability to benefit from the education 
     or training offered. The institution shall be presumed to 
     have established such criteria if the admission procedures 
     for such studies include counseling or testing that measures 
     the student's aptitude to successfully complete the course in 
     which the student has enrolled. No credit earned by such 
     student for purposes of obtaining a secondary school degree 
     or its recognized equivalent shall be counted toward the 
     computation of the Indian student count.
       ``(D) Determination of hours.--Indian students earning 
     credits in any continuing education program of a tribally 
     controlled postsecondary vocational and technical institution 
     shall be included in determining the sum of all credit or 
     clock hours.
       ``(E) Continuing education.--Credits or clock hours earned 
     in a continuing education program shall be converted to the 
     basis that is in accordance with the institution's system for 
     providing credit for participation in such programs.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this 
     section $4,000,000 for fiscal year 1999 and each of the 4 
     succeeding fiscal years.

     ``SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

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

                       ``PART B--STATE PROVISIONS

     ``SEC. 121. STATE ADMINISTRATION.

       ``(a) Eligible Agency Responsibilities.--
       ``(1) In general.--The responsibilities of an eligible 
     agency under this title shall include--
       ``(A) coordination of the development, submission, and 
     implementation of the State plan, and the evaluation of the 
     program, services, and activities assisted under this title, 
     including
     preparation for nontraditional training and employment;
       ``(B) consultation with the Governor and appropriate 
     agencies, groups, and individuals including parents, 
     students, teachers, representatives of businesses, labor 
     organizations, eligible recipients, State and local 
     officials, and local program administrators, involved in the 
     planning, administration, evaluation, and coordination of 
     programs funded under this title;
       ``(C) convening and meeting as an eligible agency 
     (consistent with State law and procedure for the conduct of 
     such meetings) at such time as the eligible agency determines 
     necessary to carry out the eligible agency's responsibilities 
     under this title, but not less than 4 times annually; and
       ``(D) the adoption of such procedures as the eligible 
     agency considers necessary to--
       ``(i) implement State level coordination with the 
     activities undertaken by the State boards under section 111 
     of Public Law 105-220; and
       ``(ii) make available to the service delivery system under 
     section 121 of Public Law 105-220 within the State a listing 
     of all school dropout, postsecondary, and adult programs 
     assisted under this title.
       ``(2) Exception.--Except with respect to the 
     responsibilities set forth in paragraph (1), the eligible 
     agency may delegate any of the other responsibilities of the 
     eligible agency that involve the administration, operation, 
     supervision of activities assisted under this title, in whole 
     or in part, to 1 or more appropriate State agencies.

     ``SEC. 122. STATE PLAN.

       ``(a) State Plan.--
       ``(1) In general.--Each eligible agency desiring assistance 
     under this title for any fiscal year shall prepare and submit 
     to the Secretary a State plan for a 5-year period, together 
     with such annual revisions as the eligible agency determines 
     to be necessary.
       ``(2) Revisions.--Each eligible agency--
       ``(A) may submit such annual revisions of the State plan to 
     the Secretary as the eligible agency determines to be 
     necessary; and
       ``(B) shall, after the second year of the 5 year State 
     plan, conduct a review of activities assisted under this 
     title and submit any revisions of the State plan that the 
     eligible agency determines necessary to the Secretary.
       ``(3) Hearing process.--The eligible agency shall conduct 
     public hearings in the State, after appropriate and 
     sufficient notice, for the purpose of affording all segments 
     of the public and interested organizations and groups 
     (including employers, labor organizations, and parents), an 
     opportunity to present their views and make recommendations 
     regarding the State plan. A summary of such recommendations 
     and the eligible agency's response to such recommendations 
     shall be included in the State plan.
       ``(b) Plan Development.--
       ``(1) In general.--The eligible agency shall develop the 
     State plan in consultation with teachers, eligible 
     recipients, parents, students, interested community members, 
     representatives of special populations, representatives of 
     business and industry, and representatives of labor 
     organizations in the State, and shall consult the Governor of 
     the State with respect to such development.
       ``(2) Activities and procedures.--The eligible agency shall 
     develop effective activities and procedures, including access 
     to information needed to use such procedures, to allow the 
     individuals described in paragraph (1) to participate in 
     State and local decisions that relate to development of 
     the State plan.
       ``(c) Plan Contents.--The State plan shall include 
     information that--
       ``(1) describes the vocational and technical education 
     activities to be assisted that are designed to meet or exceed 
     the State adjusted levels of performance, including a 
     description of--
       ``(A) the secondary and postsecondary vocational and 
     technical education programs to be carried out, including 
     programs that will be carried out by the eligible agency to 
     develop, improve, and expand access to quality, state-of-the-
     art technology in vocational and technical education 
     programs;
       ``(B) the criteria that will be used by the eligible agency 
     in approving applications by eligible recipients for funds 
     under this title;
       ``(C) how such programs will prepare vocational and 
     technical education students for opportunities in 
     postsecondary education or entry

[[Page H10040]]

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

     ``SEC. 123. IMPROVEMENT PLANS.

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

     ``SEC. 124. STATE LEADERSHIP ACTIVITIES.

       ``(a) General Authority.--From amounts reserved under 
     section 112(a)(2), each eligible agency shall conduct State 
     leadership activities.
       ``(b) Required Uses of Funds.--The State leadership 
     activities described in subsection (a) shall include--

[[Page H10041]]

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

                       ``PART C--LOCAL PROVISIONS

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

       ``(a) Distribution for Fiscal Year 1999.--Except as 
     provided in section 133 and as otherwise provided in this 
     section, each eligible agency shall distribute the portion of 
     the funds made available under section 112(a)(1) to carry out 
     this section for fiscal year 1999 to local educational 
     agencies within the State as follows:
       ``(1) Seventy percent.--From 70 percent of such portion, 
     each local educational agency shall be allocated an amount 
     that bears the same relationship to such 70 percent as the 
     amount such local educational agency was allocated under 
     section 1124 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6333) for the preceding fiscal year bears to 
     the total amount received under such section by all local 
     educational agencies in the State for such preceding fiscal 
     year.
       ``(2) Twenty percent.--From 20 percent of such portion, 
     each local educational agency shall be allocated an amount 
     that bears the same relationship to such 20 percent as the 
     number of students with disabilities who have individualized 
     education programs under section 614(d) of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1414(d)) served by 
     such local educational agency for the preceding fiscal 
     year bears to the total number of such students served by 
     all local educational agencies in the State for such 
     preceding fiscal year.
       ``(3) Ten percent.--From 10 percent of such portion, each 
     local educational agency shall be allocated an amount that 
     bears the same relationship to such 10 percent as the number 
     of students enrolled in schools and adults enrolled in 
     training programs under the jurisdiction of such local 
     educational agency for the preceding fiscal year bears to the 
     number of students enrolled in schools and adults enrolled in 
     training programs under the jurisdiction of all local 
     educational agencies in the State for such preceding fiscal 
     year.
       ``(b) Special Distribution Rules for Succeeding Fiscal 
     Years.--Except as provided in section 133 and as otherwise 
     provided in this section, each eligible agency shall 
     distribute the portion of funds made available under section 
     112(a)(1) to carry out this section for fiscal year 2000 and 
     succeeding fiscal years to local educational agencies within 
     the State as follows:
       ``(1) 30 percent.--30 percent shall be allocated to such 
     local educational agencies in proportion to the number of 
     individuals aged 15 through 19, inclusive, who reside in the 
     school district served by such local educational agency for 
     the preceding fiscal year compared to the total number of 
     such individuals who reside in the school districts served by 
     all local educational agencies in the State for such 
     preceding fiscal year.
       ``(2) 70 percent.--70 percent shall be allocated to such 
     local educational agencies in proportion to the number of 
     individuals aged 15 through 19, inclusive, who reside in the 
     school district served by such local educational agency from 
     families with incomes below the poverty line (as defined by 
     the Office of Management and Budget and revised annually in 
     accordance with section 673(2) of the Community Services 
     Block Grant Act (42 U.S.C. 9902(2))) applicable to a family 
     of the size involved for the fiscal year for which the 
     determination is made compared to the number of such 
     individuals who reside in the school districts served by all 
     the local educational agencies in the State for such 
     preceding fiscal year.
       ``(c) Waiver for More Equitable Distribution.--The 
     Secretary may waive the application of subsection (b) in the 
     case of any eligible agency that submits to the Secretary an 
     application for such a waiver that--
       ``(1) demonstrates that a proposed alternative formula more 
     effectively targets funds on the basis of poverty (as defined 
     by the Office of Management and Budget and revised annually 
     in accordance with section 673(2) of the Community Services 
     Block Grant Act (42 U.S.C. 9902(2)) to local educational 
     agencies within the State than the formula described in 
     subsection (b); and
       ``(2) includes a proposal for such an alternative formula.
       ``(d) Minimum Allocation.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     local educational agency shall not receive an allocation 
     under subsection (a) unless the amount allocated to such 
     agency under subsection (a) is greater than $15,000. A local 
     educational agency may enter into a consortium with other 
     local educational agencies for purposes of meeting the 
     minimum allocation requirement of this paragraph.
       ``(2) Waiver.--The eligible agency shall waive the 
     application of paragraph (1) in any case in which the local 
     educational agency--
       ``(A)(i) is located in a rural, sparsely populated area, or
       ``(ii) is a public charter school operating secondary 
     vocational and technical education programs; and
       ``(B) demonstrates that the local educational agency is 
     unable to enter into a consortium for purposes of providing 
     activities under this part.
       ``(3) Redistribution.--Any amounts that are not allocated 
     by reason of paragraph (1) or paragraph (2) shall be 
     redistributed to local educational agencies that meet the 
     requirements of paragraph (1) or (2) in accordance with the 
     provisions of this section.
       ``(e) Limited Jurisdiction Agencies.--
       ``(1) In general.--In applying the provisions of subsection 
     (a), no eligible agency receiving assistance under this title 
     shall allocate funds to a local educational agency that 
     serves only elementary schools, but shall distribute such 
     funds to the local educational agency or regional educational 
     agency that provides secondary school services to secondary 
     school students in the same attendance area.
       ``(2) Special rule.--The amount to be allocated under 
     paragraph (1) to a local educational agency that has 
     jurisdiction only over secondary schools shall be determined 
     based on the number of students that entered such secondary 
     schools in the previous year from the elementary schools 
     involved.
       ``(f) Allocations to Area Vocational and Technical 
     Education Schools and Educational Service Agencies.--

[[Page H10042]]

       ``(1) In general.--Each eligible agency shall distribute 
     the portion of funds made available under section 112(a)(1) 
     for any fiscal year by such eligible agency for secondary 
     school vocational and technical education activities under 
     this section to the appropriate area vocational and technical 
     education school or educational service agency in any case in 
     which the area vocational and technical education school or 
     educational service agency, and the local educational agency 
     concerned--
       ``(A) have formed or will form a consortium for the purpose 
     of receiving funds under this section; or
       ``(B) have entered into or will enter into a cooperative 
     arrangement for such purpose.
       ``(2) Allocation basis.--If an area vocational and 
     technical education school or educational service agency 
     meets the requirements of paragraph (1), then the amount that 
     would otherwise be distributed to the local educational 
     agency shall be allocated to the area vocational and 
     technical education school, the educational service 
     agency, and the local educational agency based on each 
     school, agency or entity's relative share of students who 
     are attending vocational and technical education programs 
     (based, if practicable, on the average enrollment for the 
     preceding 3 years;
       ``(3) Appeals procedure.--The eligible agency shall 
     establish an appeals procedure for resolution of any dispute 
     arising between a local educational agency and an area 
     vocational and technical education school or an educational 
     service agency with respect to the allocation procedures 
     described in this section, including the decision of a local 
     educational agency to leave a consortium or terminate a 
     cooperative arrangement.
       ``(g) Consortium Requirements.--
       ``(1) Alliance.--Any local educational agency receiving an 
     allocation that is not sufficient to conduct a program which 
     meets the requirements of section 135 is encouraged to--
       ``(A) form a consortium or enter into a cooperative 
     agreement with an area vocational and technical education 
     school or educational service agency offering programs that 
     meet the requirements of section 135; and
       ``(B) transfer such allocation to the area vocational and 
     technical education school or educational service agency; and
       ``(C) operate programs that are of sufficient size, scope, 
     and quality to be effective.
       ``(2) Funds to consortium.--Funds allocated to a consortium 
     formed to meet the requirements of this paragraph shall be 
     used only for purposes and programs that are mutually 
     beneficial to all members of the consortium and can be used 
     only for programs authorized under this title. Such funds may 
     not be reallocated to individual members of the consortium 
     for purposes or programs benefiting only one member of the 
     consortium.
       ``(h) Data.--The Secretary shall collect information from 
     eligible agencies regarding the specific dollar allocations 
     made available by the eligible agency for vocational and 
     technical education programs under subsections (a), (b), (c), 
     and (d) and how these allocations are distributed to local 
     educational agencies, area vocational and technical education 
     schools, and educational service agencies, within the State 
     in accordance with this section.
       ``(i) Special Rule.--Each eligible agency distributing 
     funds under this section shall treat a secondary school 
     funded by the Bureau of Indian Affairs within the State as if 
     such school were a local educational agency within the State 
     for the purpose of receiving a distribution under this 
     section.

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

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

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

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

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

       ``(a) Local Plan Required.--Any eligible recipient desiring 
     financial assistance under this part shall, in accordance 
     with requirements established by the eligible agency (in 
     consultation with such other educational entities as the 
     eligible agency determines to be appropriate) submit a local 
     plan to the eligible agency. Such local plan shall cover the 
     same period of time as the period of time applicable to the 
     State plan submitted under section 122.
       ``(b) Contents.--The eligible agency shall determine 
     requirements for local plans, except that each local plan 
     shall--
       ``(1) describe how the vocational and technical education 
     programs required under section 135(b) will be carried out 
     with funds received under this title;
       ``(2) describe how the vocational and technical education 
     activities will be carried out with respect to meeting State 
     adjusted levels of performance established under section 113;
       ``(3) describe how the eligible recipient will--
       ``(A) improve the academic and technical skills of students 
     participating in vocational and technical education programs 
     by strengthening the academic, and vocational and technical, 
     components of such programs through the integration of 
     academics with vocational and technical education programs 
     through a coherent sequence of courses to ensure learning in 
     the core academic, and vocational and technical, subjects;
       ``(B) provide students with strong experience in and 
     understanding of all aspects of an industry; and

[[Page H10043]]

       ``(C) ensure that students who participate in such 
     vocational and technical education programs are taught to the 
     same challenging academic proficiencies as are taught for all 
     other students;
       ``(4) describe how parents, students, teachers, 
     representatives of business and industry, labor 
     organizations, representatives of special populations, and 
     other interested individuals are involved in the development, 
     implementation, and evaluation of vocational and technical 
     education programs assisted under this title, and how such 
     individuals and entities are effectively informed about, and 
     assisted in understanding, the requirements of this title;
       ``(5) provide assurances that the eligible recipient will 
     provide a vocational and technical education program that is 
     of such size, scope, and quality to bring about improvement 
     in the quality of vocational and technical education 
     programs;
       ``(6) describe the process that will be used to 
     independently evaluate and continuously improve the 
     performance of the eligible recipient;
       ``(7) describe how the eligible recipient--
       ``(A) will review vocational and technical education 
     programs, and identify and adopt strategies to overcome 
     barriers that result in lowering rates of access to or 
     lowering success in the programs, for special populations; 
     and
       ``(B) will provide programs that are designed to enable the 
     special populations to meet the State adjusted levels of 
     performance;
       ``(8) describe how individuals who are members of the 
     special populations will not be discriminated against on the 
     basis of their status as members of the special populations;
       ``(9) describe how funds will be used to promote 
     preparation for nontraditional training and employment; and
       ``(10) describe how comprehensive professional development 
     (including initial teacher preparation) for vocational and 
     technical, academic, guidance, and administrative personnel 
     will be provided.

     ``SEC. 135. LOCAL USES OF FUNDS.

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

                    ``TITLE II--TECH-PREP EDUCATION

     ``SEC. 201. SHORT TITLE.

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

     ``SEC. 202. DEFINITIONS.

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

     ``SEC. 203. STATE ALLOTMENT AND APPLICATION.

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

     ``SEC. 204. TECH-PREP EDUCATION.

       ``(a) Grant Program Authorized.--
       ``(1) In general.--From amounts made available to each 
     eligible agency under section 203, the eligible agency, in 
     accordance with the provisions of this title, shall award 
     grants, on a competitive basis or on the basis of a formula 
     determined by the eligible agency, for tech-prep education 
     programs described in subsection (c). The grants shall be 
     awarded to consortia between or among--
       ``(A) a local educational agency, an intermediate 
     educational agency or area vocational and technical education 
     school serving secondary school students, or a secondary 
     school funded by the Bureau of Indian Affairs; and
       ``(B)(i) a nonprofit institution of higher education that 
     offers--
       ``(I) a 2-year associate degree program, or a 2-year 
     certificate program, and is qualified as institutions of 
     higher education pursuant to section 102 of the Higher 
     Education Act of 1965, including an institution receiving 
     assistance under the Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 
     and a tribally controlled postsecondary vocational and 
     technical institution; or
       ``(II) a 2-year apprenticeship program that follows 
     secondary instruction,

[[Page H10044]]

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

     ``SEC. 205. CONSORTIUM APPLICATIONS.

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

     ``SEC. 206. REPORT.

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

     ``SEC. 207. DEMONSTRATION PROGRAM.

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

     ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

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

                    ``TITLE III--GENERAL PROVISIONS

              ``PART A--FEDERAL ADMINISTRATIVE PROVISIONS

     ``SEC. 311. FISCAL REQUIREMENTS.

       ``(a) Supplement Not Supplant.--Funds made available under 
     this Act for vocational and technical education activities 
     shall supplement, and shall not supplant, non-Federal funds 
     expended to carry out vocational and technical education 
     activities and tech-prep activities.
       ``(b) Maintenance of Effort.--
       ``(1) Determination.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), no payments shall be made under this Act for any 
     fiscal year to a State for vocational and technical education 
     programs or tech-prep programs unless the Secretary 
     determines that the fiscal effort per student or the 
     aggregate expenditures of such State for vocational and 
     technical education programs for the fiscal year preceding 
     the fiscal year for which the determination is made, equaled 
     or exceeded such effort or expenditures for vocational and 
     technical education programs, for the second fiscal year 
     preceding the fiscal year for which the determination is 
     made.
       ``(B) Computation.--In computing the fiscal effort or 
     aggregate expenditures pursuant to subparagraph (A), the 
     Secretary shall exclude capital expenditures, special one-
     time project costs, and the cost of pilot programs.
       ``(C) Decrease in federal support.--If the amount made 
     available for vocational and technical education programs 
     under this Act for a fiscal year is less than the amount made 
     available for vocational and technical education programs 
     under this Act for the preceding fiscal year, then the fiscal 
     effort per student or the aggregate expenditures of a State 
     required by subparagraph (B) for such preceding fiscal year 
     shall be decreased by the same percentage as the percentage 
     decrease in the amount so made available.
       ``(2) Waiver.--The Secretary may waive the requirements of 
     this section, with respect to not more than 5 percent of 
     expenditures by any eligible agency for 1 fiscal year only, 
     on making a

[[Page H10045]]

     determination that such waiver would be equitable due to 
     exceptional or uncontrollable circumstances affecting the 
     ability of the eligible agency to meet such requirements, 
     such as a natural disaster or an unforeseen and precipitous 
     decline in financial resources. No level of funding permitted 
     under such a waiver may be used as the basis for computing 
     the fiscal effort or aggregate expenditures required under 
     this section for years subsequent to the year covered by such 
     waiver. The fiscal effort or aggregate expenditures for the 
     subsequent years shall be computed on the basis of the level 
     of funding that would, but for such waiver, have been 
     required.

     ``SEC. 312. AUTHORITY TO MAKE PAYMENTS.

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

     ``SEC. 313. CONSTRUCTION.

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

     ``SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.

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

     ``SEC. 315. LIMITATION FOR CERTAIN STUDENTS.

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

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

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

     ``SEC. 317. AUTHORIZATION OF SECRETARY.

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

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

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

               ``PART B--STATE ADMINISTRATIVE PROVISIONS

     ``SEC. 321. JOINT FUNDING.

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

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

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

     ``SEC. 323. STATE ADMINISTRATIVE COSTS.

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

     ``SEC. 324. LIMITATION ON FEDERAL REGULATIONS.

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

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

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

     SEC. 2. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

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

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

       (a) Immigration and Nationality Act.--Section 245A(h)(4)(C) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1255a(h)(4)(C)) is amended by striking ``Vocational Education 
     Act of 1963'' and inserting ``Carl D. Perkins Vocational and 
     Technical Education Act of 1998''.
       (b) National Defense Authorization Act.--Section 4461 of 
     the National Defense Authorization Act for Fiscal Year 1993 
     (10 U.S.C. 1143 note) is amended--
       (1) by striking paragraph (4); and
       (2) by redesignating paragraphs (5) and (6) as paragraphs 
     (4) and (5), respectively.
       (c) Elementary and Secondary Education Act of 1965.--The 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended--
       (1) in section 1114(b)(2)(C)(v) (20 U.S.C. 
     6314(b)(2)(C)(v)), by striking ``Carl D. Perkins Vocational 
     and Applied Technical Education Act,'' and inserting ``Carl 
     D. Perkins Vocational and Technical Education Act of 1998'';
       (2) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)), by 
     striking ``Carl D. Perkins Vocational and Technical Education 
     Act'' and inserting ``Carl D. Perkins Vocational and 
     Technical Education Act of 1998'';
       (3) in section 14302(a)(2) (20 U.S.C. 8852(a)(2))--
       (A) by striking subparagraph (C); and
       (B) by redesignating subparagraphs (D), (E), and (F) as 
     subparagraphs (C), (D), and (E), respectively; and
       (4) in the matter preceding subparagraph (A) of section 
     14307(a)(1) (20 U.S.C. 8857(a)(1)), by striking ``Carl D. 
     Perkins Vocational and Applied Technology Technical Education 
     Act'' and inserting ``Carl D. Perkins Vocational and 
     Technical Education Act of 1998''.
       (d) Equity in Educational Land-Grant Status Act of 1994.--
     Section 533(c)(4)(A) of the Equity in Educational Land-Grant 
     Status Act of 1994 (7 U.S.C. 301 note) is amended by striking 
     ``(20 U.S.C. 2397h(3)'' and inserting ``, as such section was 
     in effect on the day preceding the date of enactment of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Amendments of 1998''.
       (e) Improving America's Schools Act of 1994.--Section 563 
     of the Improving America's Schools Act of 1994 (20 U.S.C. 
     6301 note) is amended by striking ``the date of enactment of 
     an Act reauthorizing the Carl D. Perkins Vocational and 
     Technical Education Act (20 U.S.C. 2301 et seq.)'' and 
     inserting ``July 1, 1999''.

[[Page H10046]]

       (f) Workforce Investment Act of 1998.--Section 101(3) of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2801(3)) is 
     amended by striking ``section 521 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2471)'' and inserting ``section 3 of the Carl D. Perkins 
     Vocational and Technical Education Act of 1998''.
       (g) Appalachian Regional Development Act of 1965.--Section 
     214(c) of the Appalachian Regional Development Act of 1965 
     (40 U.S.C. App. 214(c)) is amended by striking ``Carl D. 
     Perkins Vocational Education Act'' and inserting ``Carl D. 
     Perkins Vocational and Technical Education Act of 1998''.
       (h) Vocational Education Amendments of 1968.--Section 104 
     of the Vocational Education Amendments of 1968 (82 Stat. 
     1091) is amended by striking ``section 3 of the Carl D. 
     Perkins Vocational Education Act'' and inserting ``the Carl 
     D. Perkins Vocational and Technical Education Act of 1998''.
       (i) Older Americans Act of 1965.--The Older Americans Act 
     of 1965 (42 U.S.C. 3001 et seq.) is amended--
       (1) in section 502(b)(1)(N)(i) (42 U.S.C. 
     3056(b)(1)(N)(i)), by striking ``or the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.)''; and
       (2) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))--
       (A) by striking ``employment and training programs'' and 
     inserting ``workforce investment activities''; and
       (B) by striking ``the Carl D. Perkins Vocational and 
     Applied Technology Education Act (20 U.S.C. 2301 et seq.)'' 
     and inserting ``the Carl D. Perkins Vocational and Technical 
     Education Act of 1998''.

     SEC. 4. ADULT EDUCATION AND FAMILY LITERACY.

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

     SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

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

     Bill Goodling,
     Howard ``Buck'' McKeon,
     Frank Riggs,
     John E. Peterson,
     Sam Johnson,
     Bill Clay,
     Matthew G. Martinez,
     Dale E. Kildee,
                                Managers on the Part of the House.

     Jim Jeffords,
     Dan Coats,
     Judd Gregg,
     Bill Frist,
     Mike DeWine,
     Michael B. Enzi,
     Tim Hutchinson,
     Susan Collins,
     Mitch McConnell,
     Ted Kennedy,
     Chris Dodd,
     Tom Harkin,
     Barbara A. Mikulski,
     Paul Wellstone,
     Jack Reed,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1853) to amend the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act, submit the following joint statement to the House and 
     the Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report:

  Title I--Vocational and Technical Education Assistance to the States

       The Conference agreement improves vocational and technical 
     education by strengthening academics, broadening vocational 
     opportunities for students, sending more money to the local 
     level, and increasing flexibility for State and local program 
     needs.


                           formula provisions

       The Conference agreement authorizes such sums for Fiscal 
     Years 1999-2003.
     Federal to State formula
       The House bill changes the formula provisions in the Act. 
     The Federal to State formula allots basic State grant funds 
     to States based upon two populations. Fifty percent would be 
     sent based upon the population aged 15-19 in each State, and 
     50 percent based upon the population aged 20-24 in the State. 
     This distribution would be subject to each State receiving a 
     minimum amount of one half of one percent of the total grant 
     amounts (small state minimum). State allotments would be 
     adjusted by the per capita income of the State, with the 
     maximum adjustment ratio being 0.55 and the minimum being 
     0.4.
       The Senate bill follows current law.
       The Conference agreement follows the Senate bill.
     Outlying areas
       Both bills provide for grants of $500,000 made to Guam, and 
     $190,000 each to American Samoa, and the Commonwealth of the 
     Northern Marianna Islands from reserved funds. In addition, 
     both bills require the Freely Associated States (the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau) to compete for their 
     allotment with Guam and American Samoa.
       The House bill terminates funding for the Freely Associated 
     States (the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and the Republic of Palau) on September 
     30, 2001.
       The Senate bill terminates funding for the Freely 
     Associated States (the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau) on 
     September 30, 2004.
       The Conference agreement follows the House bill.
     Within State formula
       The House bill requires States to send 90 percent of their 
     basic State grant to the local level for secondary, 
     postsecondary, and adult vocational education activities. Of 
     this 90 percent, a State may reserve up to ten percent for 
     rural (five percent) and urban (five percent) areas in the 
     State. A State is required to reserve eight percent of the 
     basic State grant for State leadership activities and two 
     percent for administrative activities.
       The Senate bill maintains several key set-asides found in 
     current law. The Senate bill allocates 75 percent of the 
     State grant for secondary, postsecondary, and adult 
     vocational and technical education activities. The bill 
     allows States to reserve 14 percent of their allotment for 
     State leadership activities, ten percent for administration, 
     and one percent for programming for criminal offenders.
       The Conference agreement allocates 85 percent of the State 
     grant for secondary, postsecondary, and adult vocational and 
     technical education programs at the local level. Of this 
     allocation, ten percent may be made available to award grants 
     to rural areas; areas with high percentages of vocational and 
     technical education students; areas with high numbers of 
     vocational and technical education students; and communities 
     negatively impacted as a result of changes in the new within 
     State formula. In adopting this change, the Conferees 
     recognize the inequities inherent in any formula toward rural 
     areas and provide through this reserve a mechanism for States 
     to compensate for these inequities. In addition to rural 
     areas, the Conferees realize that the formula may not 
     adequately reflect those schools or local areas that have a 
     high percentage or population of students in vocational 
     technical education programs.
       The agreement also authorizes the State eligible agency to 
     reserve an amount equal to ten percent of the total allotment 
     for State leadership activities. Included in the funds 
     reserved for State Leadership activities, up to one percent 
     of the total allotment shall be used to serve criminal 
     offenders, and not less than $60,000 but no more than 
     $150,000 shall be used for services targeting

[[Page H10047]]

     preparation for nontraditional training and employment. The 
     Conference agreement authorizes the State eligible agency to 
     reserve up to five percent of the total allotment, or 
     $250,000 (whichever is greater), for State administrative 
     activities. This may be used for the costs of developing a 
     State plan, reviewing a local plan, monitoring and evaluating 
     the effectiveness of a program, assuring the compliance with 
     all of the applicable federal laws, or providing technical 
     assistance. Each State that receives this financial 
     assistance shall match the reserve funds on a dollar-for-
     dollar basis.


                          national activities

       Both bills require the Secretary to develop and implement a 
     plan for evaluation and dissemination of vocational and 
     technical education programs. Both bills include provisions 
     with regard to what is to be included in the evaluation and 
     assessment plans. In addition, both bills allow the Secretary 
     to award grants to establish national research centers. 
     Demonstration and dissemination activities are also included. 
     Both bills also require information collection on vocational 
     and technical education programs. Adequate information on 
     access to vocational and technical education by secondary 
     students with disabilities is maintained in the data system.
       The House bill extends the authorization of the National 
     Occupational Information Coordinating Committee.
       The Senate bill had no comparable provision.
       The Conference agreement includes authority for the 
     Secretary of Education to designate an entity at the national 
     level to carry out certain functions related to occupational 
     and employment information for vocational and technical 
     education programs. The agreements also gives authority to 
     the Secretary to award grants to designated State 
     entities, which may include State Occupational Information 
     Coordinating Committees established prior to enactment of 
     this Act, to carry out State activities related to such 
     information. The agreement prohibits any duplication of 
     activities authorized under section 15 of the Wagner-
     Peyser Act. The Conferees expect the Secretary of 
     Education, in carrying out this section, to consult with 
     the Bureau of Labor Statistics and the Employment and 
     Training Administration in order to avoid any duplication 
     of activities.


      INDIAN AND NATIVE HAWAIIAN PROGRAM AND TRIBALLY CONTROLLED 
          POSTSECONDARY VOCATIONAL AND TECHNICAL INSTITUTIONS

       Section 103 of the House bill authorizes grants to Indian 
     tribes, tribal organizations, and Alaska Native entities for 
     the purposes of carrying out vocational and technical 
     education, but bars Bureau Funded secondary schools from 
     receiving assistance under this Section. The Secretary is 
     also directed to enter into contracts with organizations 
     primarily serving Native Hawaiian programs. In addition, 
     section 104 of the House bill also authorizes the Secretary 
     to make grants to tribally controlled postsecondary 
     vocational and technical institutions.
       Section 114 of the Senate bill authorizes the Secretary to 
     enter into grants or contracts to Indian tribes, tribal 
     organizations, Bureau funded schools, and organizations 
     primarily serving native Hawaiians for the purposes of 
     carrying out vocational and technical education programs. Any 
     organization that receives a grant or enters into a contract 
     would be required to establish adjusted levels of performance 
     to be achieved by students served and evaluate the quality 
     and effectiveness of the program. In addition, the Section 
     115 of the Senate bill also authorizes the Secretary to make 
     grants to tribally controlled postsecondary vocational and 
     technical institutions.
       The Conference agreement follows the Senate bill with 
     regard to the issuance of grants or contracts to Indian 
     tribes, tribal organizations, but adds Alaska Native entities 
     as eligible to receive a grant or enter into a contract. The 
     agreement follows the House bill with regard to the majority 
     of the provisions relating to tribally controlled 
     postsecondary vocational and technical education 
     institutions, including the maintenance of a separate 
     authorization of appropriations for these activities. In 
     addition, the agreement follows the Senate bill on the 
     requirement to conduct needs estimates and reports on 
     facility quality. The Conference agreement closely follows 
     current law on these provisions.


           state organizational and planning responsibilities

     State plan
       The House bill requires a State plan to be for a minimum of 
     five years. The plan would describe the vocational and 
     technical education programs that would be carried out with 
     funds received by the State. In addition, the plan would 
     describe how funds received by the State would be allocated; 
     describe how the State would improve the academic and 
     technical skills of vocational technical education students; 
     ensure that participating students are taught to the same 
     academic proficiencies as are provided all other students; 
     and describe how the State would evaluate the 
     effectiveness of the programs annually.
       The Senate bill requires a State plan to be for a minimum 
     of three years. The plan would describe the vocational 
     education activities designed to meet the State adjusted 
     levels of performance. It would also describe how funds would 
     be allocated. The plan would describe how funds would be used 
     to expand and improve technology in instruction; to serve 
     individuals in correctional institutions; and to link 
     secondary and postsecondary education.
       The Conference agreement follows the House bill with a few 
     modifications. The State plan is to include information that 
     describes the vocational education activities to be assisted 
     that are designed to meet the State adjusted levels of 
     performance. The plan is to be reviewed prior to the third 
     program year. In addition, the plan describes the eligible 
     agency's program strategies for special populations.
     State leadership
       Required use of funds
       The House bill requires State leadership funds to be used 
     for activities targeting the use of technology, professional 
     development, and support for programs that improve the 
     academic and technical skills of participating vocational 
     technical education students.
       The Senate bill requires State leadership funds be used for 
     monitoring and evaluating the quality and improvement of 
     vocational and technical education activities and for 
     improving and expanding technology. In addition, the bill 
     requires that funds be used to provide comprehensive 
     professional development. The bill also requires that funds 
     be used to: provide preparation for nontraditional training 
     and employment; support tech-prep education activities; 
     support partnerships among LEAs, institutions of higher 
     education, adult education providers, and other entities; and 
     to serve individuals in State institutions.
       The Conference agreement merges the provisions of the two 
     bills. The agreement also includes support for programs for 
     special populations, and describes how funds will be used to 
     serve individuals in correctional institutions.
       Permissive use of funds
       The House bill allows State leadership funds to be used for 
     technical support of eligible recipients and to establish 
     agreements between secondary and postsecondary programs. It 
     also allows funds to be used for: support for programs for 
     special populations; cooperative education; vocational 
     student organizations; support for public charter schools 
     operating secondary vocational and technical education 
     programs; and programs that offer experience in all aspects 
     of an industry for which students would be preparing to 
     enter. In addition funds may be used for: family and consumer 
     sciences programs; corrections education; education and 
     business partnerships; and to improve or develop new 
     vocational and technical education courses.
       The Senate bill permits funds to be used for an array of 
     activities, including support for vocational student 
     organizations, and to provide programs for adults and school 
     dropouts. It also allows funds to be used to provide 
     assistance to participating students in finding a job 
     and continuing their education.
       The Conference agreement merges the provisions of the two 
     bills.
     Substate formula at the secondary level
       The House bill phases in a new secondary substate formula 
     over five years. Year one would operate under current law, 
     and subsequent years would transition to a formula based 60 
     percent on poverty of individuals aged 15-19, and 40 percent 
     on the population of individuals aged 15-19. The minimum 
     grant would be $10,000. The House bill also includes a waiver 
     ability for States that develop an alternative formula that 
     more effectively targets funds on the basis of poverty to 
     Local Educational Agencies (LEAs).
       The Senate bill follows current law on the distribution of 
     funds, but raises the minimum grant to $25,000.
       The Conference agreement changes the secondary substate 
     formula over two years. In the first year of the 
     reauthorization, funds for secondary activities would be 
     distributed under current law. Beginning in year two, seventy 
     percent of the funds would be distributed based upon each 
     LEA's share of the individuals aged 15-19 from economically 
     disadvantaged families, and 30 percent distributed based upon 
     the LEA's share of population aged 15-19. The agreement 
     follows the House bill with regard to the waiver authority, 
     and maintains current law with regard to the minimum grant of 
     $15,000.
     Substate funding at the postsecondary level
       The House bill follows current law on the postsecondary 
     substate formula, which is based upon an institution's share 
     of Pell Grant recipients. It sets the minimum grant at 
     $35,000. The bill also allows the Secretary to waive 
     requirements to permit alternative formulas.
       The Senate bill follows current law for the postsecondary 
     substate formula, but sets the minimum grant at $65,000.
       The Conference agreement follows current law with regard to 
     the formula, the minimum grant of $50,000, and waiver 
     authority.


                             accountability

       The House bill requires the State to develop performance 
     measures to measure the progress of the State. If the State 
     has not demonstrated improvement in meeting its performance 
     measures for 2 or more consecutive years, the Secretary may 
     withhold all, or a portion of, the allotment. In addition, 
     each eligible agency that receives an allotment must annually 
     prepare and submit a report to the Secretary on the State's 
     performance. This report is to include, in addition to other 
     things, a description of the progress of special populations.
       The Senate bill requires the Secretary to publish 
     performance measures to assess the

[[Page H10048]]

     progress of each eligible agency. Each eligible agency is to 
     negotiate with the Secretary the adjusted levels of 
     performance. Each eligible agency is to annually evaluate the 
     vocational and technical education and tech-prep activities 
     to determine the progress. If an organization is not making 
     substantial progress, it is to conduct an assessment, enter 
     into an improvement plan based on the assessment, and conduct 
     regular evaluations of the progress being made. If the 
     organization continues to not demonstrate improvement, the 
     Secretary may withhold all, or a portion of, the 
     allotment. The eligible agency that receives the allotment 
     is to report annually on the progress made, including a 
     description of the progress of special populations.
       The Conference agreement requires the State performance 
     measures to be established solely by the State, and are to 
     include core indicators of performance. The State adjusted 
     levels of performance shall be agreed upon by the State 
     adjusted levels of performance shall be agreed upon by the 
     State eligible agency (with input from local eligible 
     recipients) and the Secretary for the first two program years 
     covered by the State plan. Prior to the third program year, 
     the Secretary and eligible agency shall reach agreement on 
     the core indicators of performance for the third, fourth and 
     fifth program years. Each eligible agency that receives this 
     allotment shall prepare and submit an annual report to the 
     Secretary describing the agency's progress.


                            local provisions

                          Local uses of funds

       Required use of funds
       The House bill requires funds to be used for strengthening 
     the academic and technical skills of participating students 
     by strengthening the program components through the 
     integration of academics with vocational and technical 
     education; developing, improving, or expanding the use of 
     technical in vocational and technical education; and 
     providing professional development programs.
       The Senate bill requires funds to be used to integrate 
     academic education with vocational and technical education 
     for particapting student; to improve or expand the use of 
     technology in vocational and technical education, including 
     professional development; to provide professional development 
     activities to teachers, counselors, and administrators; to 
     develop and implement performance management systems and 
     evaluations; to initiate and improve quality programs; to 
     link secondary and postsecondary education, including tech-
     prep programs; to develop implement programs that provide 
     access to quality programs for participating students, 
     including special populations; to promote preparation for 
     nontraditional training and employment.
       The Conference agreement follows the majority of the 
     provisions in the House bill. The agreement also requires 
     funds to be used for programs designed to train teachers 
     specifically in the use of technology; to provide services 
     and activities that are of sufficient size, scope, and 
     quality to be effective; and to link, secondary and 
     postsecondary vocational and technical education, including 
     implementing tech-prep programs.
       Permissive use of funds
       The House bill permits funds to be used for establishing 
     agreements between secondary and postsecondary vocational and 
     technical education programs; involving parents, businesses, 
     and employee representatives in the design and implementation 
     of programs; providing career counseling; providing work 
     related experience; programs for special populations; local 
     education and business partnerships; vocational and technical 
     student organizations; mentoring and support services; 
     equipment used on the programs; establishing programs and 
     procedures that allow students and their parents to 
     participate directly in decisions that influence the 
     programs; teacher preparation programs; improving or 
     developing new vocational and technical education 
     programs; and support for family and consumer sciences 
     programs.
       The Senate bill allows funds to be used for providing 
     guidance and counseling to participating students; supporting 
     vocational and technical student organizations; student 
     internships; providing vocational and technical education 
     programs for adults and school dropouts; acquiring and 
     adapting equipment; providing assistance to students in 
     finding an appropriate job and continuing their education; 
     and supporting other vocational and technical education 
     activities.
       The Conference agreement merges the two bills.

                      Title II--Tech-Prep Programs

       The House bill permits the eligible agency to award grants 
     to consortia on a competitive basis or on the basis of 
     formula, in order to develop and operate a four to six year 
     tech-prep education program. The tech-prep program is to be 
     carried out with agreement among the participants in the 
     consortium; consist of at least two years secondary school 
     and two years higher education or a two year apprenticeship 
     program; include the development of tech-prep education 
     program components appropriate to the participants; include 
     in-service training for teachers and training programs for 
     counselors; provide equal access to tech-prep programs; and 
     provide for preparatory services that assist participants.
       The Senate bill permits the eligible agency to award grants 
     to consortia for the development and operation of programs 
     designed to provide tech-prep education. The tech-prep 
     program is to be carried out with agreement among the 
     participants; consist of at least two years of secondary 
     school, two years of higher education or a two year 
     apprenticeship program; include the development of tech-prep 
     education programs for participants; meet State academic 
     standards; link secondary schools and two-year postsecondary 
     institutions; use work-based or worksite learning along with 
     business and industry; use educational technology and 
     distance learning; include a professional development program 
     for teachers and training programs for counselors; provide 
     equal access to tech-prep programs; and provide preparatory 
     programs to assist special populations.
       Both bills include provisions regarding the application 
     process. The Conference agreement provides for grants to be 
     awarded. These grants are to be awarded on a competitive 
     basis or on the basis of formula. The agreement merges the 
     House and the Senate bill with regard to the contents of the 
     program. In addition, the agreement authorizes additional 
     activities, including the acquisition of tech-prep education 
     equipment, acquisition of technical assistance from State or 
     local entities, the establishment of articulation agreements. 
     The agreement also follows the House bill on the allotment 
     provisions, but the Senate bill on appropriations and 
     demonstration programs.

                     title III--General Provisions

       Both bills clarify that the funds received under this Act 
     shall be used to supplement, not supplant, the amount of 
     funds that would be made available from non-Federal sources 
     for vocational and technical education. Both bills also 
     mandate that 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.
       The House bill includes provisions clarifying that: none of 
     the funds under this Act shall be used for students prior to 
     the seventh grade; and that none of the funds under the Act 
     shall be used to require any secondary school student to 
     choose or pursue a specific career path or major or to 
     mandate participation in a vocational and technical education 
     program or attain a federally funded skill level, standard, 
     or certificate of mastery. the bill further includes 
     provisions clarifying that: nothing in the Act shall be 
     construed to be inconsistent with Federal laws guaranteeing 
     civil rights; permits the participation of personnel in non-
     profit private schools; allows the State to use additional 
     funds under applicable programs; and prohibits funds to be 
     used for the sole purpose of providing incentives to relocate 
     a business from one State to another.
       The Conference agreement generally follows the House bill, 
     but merges provisions from both bills.

                              Definitions


                          special populations

       The House bill includes individuals with disabilities, 
     economically disadvantaged individuals, individuals with 
     limited English proficiency, and individuals participating in 
     nontraditional training and employment when describing 
     special populations.
       The Senate bill includes low-income individuals including 
     foster children, individuals with disabilities, single 
     parents and displaced homemakers, and individuals with other 
     barriers to educational achievement including individuals 
     with limited English proficiency when describing special 
     populations.
       The Conference agreement defines special populations as 
     individuals with disabilities; individuals from economically 
     disadvantaged families, including foster children; 
     individuals preparing for non-traditional training and 
     employment; single parents, including single pregnant women; 
     displaced homemakers; and individuals with other barriers to 
     educational achievement, including individuals with limited 
     English proficiency.

     Bill Goodling,
     Howard ``Buck'' McKeon,
     Frank Riggs,
     John E. Peterson,
     Sam Johnson,
     Bill Clay,
     Matthew G. Martinez,
     Dale E. Kildee,
                                Managers on the Part of the House.

     Jim Jeffords,
     Dan Coats,
     Judd Gregg,
     Bill Frist,
     Mike DeWine,
     Michael B. Enzi,
     Tim Hutchinson,
     Susan Collins,
     Mitch McConnell,
     Ted Kennedy,
     Chris Dodd,
     Tom Harkin,
     Barbara A. Mikulski,
     Paul Wellstone,
     Jack Reed,
     Managers on the Part of the Senate.

                          ____________________