103D CONGRESS

2D SESSION H. R. 2884

AMENDMENT
In the Senate of the United States,

February 8 (legislative day, January 25), 1994.

Resolved, That the bill from the House of Representatives (H.R. 2884) entitled ‘‘An Act to establish a national

framework for the development of School-to-Work Opportunities systems in all States, and for other purposes’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘School-to-Work Opportunities Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents is as

2 follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes and congressional intent.

Sec. 4. Definitions.

Sec. 5. Federal administration.

TITLE I—SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM

COMPONENTS

Sec. 101. General program requirements.

Sec. 102. Work-based learning component.

Sec. 103. School-based learning component.

Sec. 104. Connecting activities component.

TITLE II—SCHOOL-TO-WORK OPPORTUNITIES SYSTEM

DEVELOPMENT AND IMPLEMENTATION GRANTS TO STATES

Subtitle A—State Development Grants

Sec. 201. Purpose.

Sec. 202. State development grants.

Subtitle B—State Implementation Grants

Sec. 211. Purpose.

Sec. 212. State implementation grants.

Sec. 213. Limitation on administrative costs.

TITLE III—FEDERAL IMPLEMENTATION GRANTS TO PARTNERSHIPS

Sec. 301. Purposes.

Sec. 302. Federal implementation grants to partnerships.

Sec. 303. School-to-work opportunities program grants in high poverty areas and

in congressional districts with low population densities.

TITLE IV—NATIONAL PROGRAMS

Sec. 401. Research, demonstration, and other projects.

Sec. 402. Performance outcomes and evaluation.

Sec. 403. Training and technical assistance.

TITLE V—GENERAL PROVISIONS

Sec. 501. State request and responsibilities for a waiver of statutory and regulatory requirements.

Sec. 502. Waivers of statutory and regulatory requirements by the Secretary of

Education.

Sec. 503. Waivers of statutory and regulatory requirements by the Secretary of

Labor.

Sec. 504. Combination of Federal funds for high poverty schools.

Sec. 505. Combination of Federal funds by States.

Sec. 506. Requirements.

Sec. 507. Sanctions.

Sec. 508. Authorization of appropriations.
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Sec. 509. Acceptance of gifts, and other matters.

Sec. 510. State authority.

Sec. 511. Construction.

Sec. 512. Additional Federal requirements.

Sec. 513. Sense of the Senate.

TITLE VI—OTHER PROGRAMS

Sec. 601. Tech-prep education.

TITLE VII—TECHNICAL PROVISIONS

Sec. 701. Effective date.

Sec. 702. Sunset.

TITLE VIII—ALASKA NATIVE ART AND CULTURE

Sec. 801. Short title.

Sec. 802. Alaska Native art and culture.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) three-fourths of America’s high school stu4 dents enter the work force without baccalaureate de5 grees, and many do not possess the academic and

6 entry-level occupational skills necessary to succeed in

7 the changing American workplace;

8 (2) a substantial number of American youth, es9 pecially disadvantaged students, students of diverse

10 racial, ethnic, and cultural backgrounds, and students

11 with disabilities, do not complete school;

12 (3) unemployment among American youth is in13 tolerably high, and earnings of high school graduates

14 have been falling relative to earnings of persons with

15 more education;

16 (4) the American workplace is changing in re17 sponse to heightened international competition and
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1 new technologies, and such forces, which are ulti2 mately beneficial to the Nation, are shrinking the de3 mand for and undermining the earning power of un4 skilled labor;

5 (5) the United States lacks a comprehensive and

6 coherent system to help its youth acquire the knowl7 edge, skills, abilities, and information about and ac8 cess to the labor market necessary to make an effective

9 transition from school to career-oriented work or to

10 further education and training;

11 (6) American students can achieve to high stand12 ards, and many learn better and retain more when

13 the students learn in context, rather than in the ab14 stract;

15 (7) while many American students have part16 time jobs, there is infrequent linkage between—

17 (A) such jobs; and

18 (B) the career planning or exploration, or

19 the school-based learning, of such students;

20 (8) the work-based learning approach, which is

21 modeled after the time-honored apprenticeship con22 cept, integrates theoretical instruction with structured

23 on-the-job training, and this approach, combined with

24 school-based learning, can be very effective in engag25 ing student interest, enhancing skill acquisition, de-
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1 veloping positive work attitudes, and preparing youth

2 for high-skill, high-wage careers; and

3 (9) Federal resources currently fund a series of

4 categorical, work-related education and training pro5 grams, many of which serve disadvantaged youth,

6 that are not administered as a coherent whole.

7 SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

8 (a) PURPOSES.—The purposes of this Act are to—

9 (1) establish a national framework within which

10 all States can create statewide School-to-Work Oppor11 tunities systems that—

12 (A) are a part of comprehensive education

13 reform;

14 (B) are integrated with the State education

15 systems reformed under the Goals 2000: Educate

16 America Act; and

17 (C) offer opportunities for all students to

18 participate in a performance-based education

19 and training program that will—

20 (i) enable the students to earn portable

21 credentials;

22 (ii) prepare the students for first jobs

23 in high-skill, high-wage careers; and
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1 (iii) increase their opportunities for

2 further education, including education in a

3 4-year college or university;

4 (2) create a universal, high-quality school-to5 work transition system that enables all young Ameri6 cans to identify and navigate paths to productive and

7 progressively more rewarding roles in the workplace;

8 (3) utilize workplaces as active learning environ9 ments in the educational process by making employ10 ers joint partners with educators in providing oppor11 tunities for all students to participate in high-qual12 ity, work-based learning experiences;

13 (4) use Federal funds under this Act as venture

14 capital, to underwrite the initial costs of planning

15 and establishing statewide School-to-Work Opportuni16 ties systems that will be maintained with other Fed17 eral, State, and local resources;

18 (5) promote the formation of partnerships that

19 are dedicated to linking the worlds of school and

20 work, among secondary schools and postsecondary

21 education institutions, private and public employers,

22 labor organizations, government, community-based

23 organizations, parents, students, State educational

24 agencies, local educational agencies, and training and

25 human service agencies;
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1 (6) help all students attain high academic and

2 occupational standards;

3 (7) build on and advance a range of promising

4 school-to-work transition programs, such as tech-prep

5 education programs, career academies, school-to-ap6 prenticeship programs, cooperative education pro7 grams, youth apprenticeship programs, school-spon8 sored enterprises, and business-education compacts,

9 that can be developed into programs funded under

10 this Act;

11 (8) improve the knowledge and skills of youth by

12 integrating academic and occupational learning, inte13 grating school-based and work-based learning, and

14 building effective linkages between secondary and

15 postsecondary education;

16 (9) encourage the development and implementa17 tion of programs that will provide paid high-quality,

18 work-based learning experiences;

19 (10) motivate all youth, including low-achieving

20 youth, youth who have dropped out of school, and

21 youth with disabilities, to stay in or return to school

22 or a classroom setting and strive to succeed, by pro23 viding enriched learning experiences and assistance

24 in obtaining good jobs and continuing their education

25 in postsecondary education institutions;
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1 (11) expose students to a vast array of career op2 portunities, and facilitate the selection of career ma3 jors, based on individual interests, goals, strengths,

4 and abilities; and

5 (12) further the National Education Goals set

6 forth in title I of the Goals 2000: Educate America

7 Act.

8 (b) CONGRESSIONAL INTENT.—It is the intent of Con9 gress that the Secretary of Labor and the Secretary of Edu10 cation jointly administer this Act, in consultation with the

11 Secretary of Commerce, in a flexible manner that—

12 (1) promotes State and local discretion in estab13 lishing and implementing School-to-Work Opportuni14 ties systems and programs; and

15 (2) contributes to reinventing government by—

16 (A) building on State and local capacity;

17 (B) eliminating duplication in education

18 and training programs for youth by integrating

19 such programs into one comprehensive system;

20 (C) maximizing the effective use of re21 sources;

22 (D) supporting locally established initia23 tives;

24 (E) requiring measurable goals for perform25 ance; and
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1 (F) offering flexibility in meeting such

2 goals.

3 SEC. 4. DEFINITIONS.

4 As used in this Act—

5 (1) the term ‘‘all aspects of the industry’’ means

6 all aspects of the industry or industry sector a stu7 dent is preparing to enter, including planning, man8 agement, finances, technical and production skills,

9 underlying principles of technology, labor and com10 munity issues, health and safety issues, and environ11 mental issues, related to such industry or industry

12 sector;

13 (2) the term ‘‘all students’’ means students from

14 a broad range of backgrounds and circumstances, in15 cluding disadvantaged students, students with diverse

16 racial, ethnic, or cultural backgrounds, students with

17 disabilities, students with limited-English proficiency,

18 students who have dropped out of school, and aca19 demically talented students;

20 (3) the term ‘‘approved plan’’ means a School21 to-Work Opportunities system plan that is submitted

22 by a State under section 212(a), is determined by the

23 Secretaries to include the program components de24 scribed in sections 102 through 104 and otherwise

25 meet the requirements of this Act, and is consistent
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1 with the improvement plan of the State, if any, under

2 the Goals 2000: Educate America Act;

3 (4) the term ‘‘career major’’ means a coherent se4 quence of courses or field of study that prepares a stu5 dent for a first job and that—

6 (A) integrates academic and occupational

7 learning, integrates school-based and work-based

8 learning, establishes linkages between secondary

9 and postsecondary education, and prepares stu10 dents for admission to 2-year or 4-year post11 secondary education institutions;

12 (B) prepares the student for employment in

13 broad occupational clusters or industry sectors;

14 (C) typically includes at least 2 years of

15 secondary education and at least 1 or 2 years of

16 postsecondary education;

17 (D) provides the students, to the extent

18 practicable, with strong experience in and under19 standing of all aspects of the industry the stu20 dents are planning to enter;

21 (E) results in the award of—

22 (i) a high school diploma or its equiva23 lent, such as—

24 (I) a general equivalency diploma;

25 or
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1 (II) an alternative diploma or

2 certificate for students with disabilities

3 for whom such alternative diploma or

4 certificate is appropriate;

5 (ii) a certificate or diploma recogniz6 ing successful completion of 1 or 2 years of

7 postsecondary education (if appropriate);

8 and

9 (iii) a skill certificate; and

10 (F) may lead to further education and

11 training, such as entry into a registered appren12 ticeship program, or may lead to admission to a

13 4-year college or university;

14 (5) the term ‘‘employer’’ includes both public and

15 private employers;

16 (6) the term ‘‘Governor’’ means the chief execu17 tive of a State;

18 (7) the term ‘‘local educational agency’’ has the

19 meaning given the term in section 1471(12) of the El20 ementary and Secondary Education Act of 1965 (20

21 U.S.C. 2891(12));

22 (8) the term ‘‘partnership’’ means a local entity

23 that—

24 (A) is responsible for carrying out local

25 School-to-Work Opportunities programs;
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1 (B) consists of employers or employer orga2 nizations, public secondary schools and post3 secondary educational institutions (or represent4 atives, such as teachers, counselors, and adminis5 trators), and labor organizations or

6 nonmanagerial employee representatives; and

7 (C) may include other entities, such as com8 munity-based organizations, national trade asso9 ciations working at local levels, rehabilitation

10 agencies and organizations, registered appren11 ticeship agencies, local vocational education enti12 ties, proprietary institutions of higher education

13 as defined in section 481(b) of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1088(b)) (so long

15 as such institutions meet the requirements speci16 fied in section 498 of such Act), local government

17 agencies, parent organizations and teacher orga18 nizations, vocational student organizations, pri19 vate industry councils established under section

20 102 of the Job Training Partnership Act (29

21 U.S.C. 1512), and Indian tribes, as defined in

22 section 1 of the Tribally Controlled Community

23 College Assistance Act of 1978 (25 U.S.C. 1801);

24 (9) the term ‘‘postsecondary education institu25 tion’’ means a public or private institution that is
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1 authorized within a State to provide a program of

2 education beyond secondary education, and includes a

3 community college, a technical college, a postsecond4 ary vocational institution, a tribally controlled com5 munity college, as defined in section 1 of the Tribally

6 Controlled Community College Assistance Act of 1978,

7 and a 4-year college or university;

8 (10) the term ‘‘registered apprenticeship agency’’

9 means the Bureau of Apprenticeship and Training in

10 the Department of Labor or a State apprenticeship

11 agency recognized and approved by the Bureau of Ap12 prenticeship and Training as the appropriate body

13 for State registration or approval of local apprentice14 ship programs and agreements for Federal purposes;

15 (11) the term ‘‘registered apprenticeship pro16 gram’’ means a program registered by a registered

17 apprenticeship agency;

18 (12) the term ‘‘related services’’ includes the

19 types of services described in section 602(17) of the

20 Individuals with Disabilities Education Act (20

21 U.S.C. 1401(17));

22 (13) the term ‘‘school site mentor’’ means a pro23 fessional employed at a school who is designated as

24 the advocate for a particular student, and who works

25 in consultation with classroom teachers, counselors,
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1 related services personnel, and the employer of the

2 student to design and monitor the progress of the

3 School-to-Work Opportunities program of the student;

4 (14) the term ‘‘School-to-Work Opportunities

5 program’’ means a program that meets the require6 ments of this Act, other than a program described in

7 section 401(a);

8 (15) the term ‘‘secondary school’’ has the mean9 ing given the term in section 1201(d) of the Higher

10 Education Act of 1965 (20 U.S.C. 1141(d));

11 (16) the term ‘‘Secretaries’’ means the Secretary

12 of Education and the Secretary of Labor;

13 (17) the term ‘‘skill certificate’’ means a port14 able, industry-recognized credential issued by a

15 School-to-Work Opportunities program under an ap16 proved plan, that certifies that a student has mastered

17 skills at levels that are at least as challenging as skill

18 standards endorsed by the National Skill Standards

19 Board established under the National Skill Standards

20 Act of 1993, except that until such skill standards are

21 developed, the term ‘‘skill certificate’’ means a creden22 tial issued under a process described in the approved

23 plan of a State;
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1 (18) the term ‘‘State’’ means each of the several

2 States, the District of Columbia, and the Common3 wealth of Puerto Rico;

4 (19) the term ‘‘State educational agency’’ has the

5 meaning given the term in section 1471(23) of the El6 ementary and Secondary Education Act of 1965 (20

7 U.S.C. 2891(23)); and

8 (20) the term ‘‘workplace mentor’’ means an em9 ployee or other individual, approved by the employer

10 at a workplace, who possesses the skills and knowledge

11 to be mastered by a student, and who instructs the

12 student, critiques the performance of the student, chal13 lenges the student to perform well, and works in con14 sultation with classroom teachers and the employer of

15 the student.

16 SEC. 5. FEDERAL ADMINISTRATION.

17 (a) JOINT ADMINISTRATION.—Notwithstanding the

18 Department of Education Organization Act (20 U.S.C.

19 3401 et seq.), the General Education Provisions Act (20

20 U.S.C. 1221 et seq.), the Act entitled ‘‘An Act To Create

21 a Department of Labor’’, approved March 4, 1913 (29

22 U.S.C. 551 et seq.), and section 166 of the Job Training

23 Partnership Act (29 U.S.C. 1576), the Secretaries shall

24 jointly provide for the administration of the programs es25 tablished by this Act. The Secretaries shall jointly issue such
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1 uniform procedures, guidelines, and regulations, in accord2 ance with section 553 of title 5, United States Code, as the

3 Secretaries determine to be necessary and appropriate to

4 administer and enforce the provisions of this Act.

5 (b) REGULATIONS.—Section 431 of the General Edu6 cation Provisions Act (20 U.S.C. 1232) shall not apply to

7 regulations issued with respect to any programs under this

8 Act.

9 (c) PLAN.—Within 120 days after the date of enact10 ment of this Act, the Secretaries shall prepare a plan for

11 the joint administration of this Act and submit such plan

12 to the appropriate Committees of Congress for review and

13 comment.

14 TITLE I—SCHOOL-TO-WORK OP15 PORTUNITIES BASIC PRO16 GRAM COMPONENTS

17 SEC. 101. GENERAL PROGRAM REQUIREMENTS.

18 A School-to-Work Opportunities program under this

19 Act shall—

20 (1) integrate school-based learning and work21 based learning, as provided for in sections 102 and

22 103, integrate academic and occupational learning,

23 and establish effective linkages between secondary and

24 postsecondary education;
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1 (2) provide participating students with the op2 portunity to complete career majors;

3 (3) incorporate the program components pro4 vided in sections 102 through 104;

5 (4) provide participating students, to the extent

6 practicable, with strong experience in and under7 standing of all aspects of the industry the students are

8 preparing to enter; and

9 (5) provide all students with equal access to the

10 full range of such program components (including

11 both school- and work-based learning components)

12 and related activities and to recruitment, enrollment,

13 and placement activities.

14 SEC. 102. WORK-BASED LEARNING COMPONENT.

15 (a) MANDATORY ACTIVITIES.—The work-based learn16 ing component of a School-to-Work Opportunities program

17 shall include—

18 (1) work experience;

19 (2) a planned program of job training and work

20 experiences (including training related to

21 preemployment and employment skills to be mastered

22 at progressively higher levels) that are coordinated

23 with learning in the school-based learning component

24 described in section 103 and are relevant to the career
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1 majors of students and lead to the award of skill cer2 tificates;

3 (3) workplace mentoring; and

4 (4) instruction in general workplace com5 petencies, including instruction and activities devel6 oping positive work attitudes, and employability and

7 participative skills.

8 (b) PERMISSIBLE ACTIVITIES.—Such component may

9 include such activities as job shadowing, school-sponsored

10 enterprises, or on-the-job training for academic credit.

11 SEC. 103. SCHOOL-BASED LEARNING COMPONENT.

12 The school-based learning component of a School-to13 Work Opportunities program shall include—

14 (1) career exploration and counseling, beginning

15 prior to the 11th grade year of the students, in order

16 to help students who may be interested to identify,

17 and select or reconsider, their interests, goals, and ca18 reer majors;

19 (2) initial selection by interested students of ca20 reer majors not later than the beginning of the 11th

21 grade;

22 (3) a program of study designed to meet aca23 demic standards established by the State for all stu24 dents, including, where applicable, any content stand25 ards developed under the Goals 2000: Educate Amer-
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1 ica Act, and to meet the requirements necessary to

2 prepare students for postsecondary education and to

3 earn skill certificates; and

4 (4) regularly scheduled evaluations involving on5 going consultation and problem solving with students

6 to identify academic strengths and weaknesses, aca7 demic progress, workplace knowledge, goals, and the

8 need for additional learning opportunities to master

9 core academic and vocational skills.

10 SEC. 104. CONNECTING ACTIVITIES COMPONENT.

11 The connecting activities component of a School-to12 Work Opportunities program shall include—

13 (1) matching students with the work-based learn14 ing opportunities of employers;

15 (2) serving, with respect to each student, as a li16 aison among the student and the employer, school,

17 teacher, school administrator, and parent of the stu18 dent, and, if appropriate, other community partners;

19 (3) providing technical assistance and services to

20 employers, including small- and medium-sized busi21 nesses, and other parties in—

22 (A) designing work-based learning compo23 nents described in section 102 and counseling

24 and case management services; and
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1 (B) training teachers, workplace mentors,

2 school site mentors, and counselors;

3 (4) providing assistance to schools and employers

4 to integrate school-based and work-based learning and

5 integrate academic and occupational learning in the

6 program;

7 (5) encouraging the active participation of em8 ployers, in cooperation with local education officials,

9 in the implementation of local activities described in

10 section 102, 103, or this section;

11 (6)(A) providing assistance to participants who

12 have completed the program in finding an appro13 priate job, continuing their education, or entering

14 into an additional training program; and

15 (B) linking the participants with other commu16 nity services that may be necessary to assure a suc17 cessful transition from school to work;

18 (7) collecting and analyzing information regard19 ing post-program outcomes of participants in the

20 School-to-Work Opportunities program, including dis21 advantaged students, students with diverse racial, eth22 nic, or cultural backgrounds, students with disabil23 ities, students with limited-English proficiency, stu24 dents who have dropped out of school, and academi25 cally talented students; and
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1 (8) linking youth development activities under

2 this Act with employer and industry strategies for

3 upgrading the skills of their workers.

4 TITLE II—SCHOOL-TO-WORK OP5 PORTUNITIES SYSTEM DEVEL6 OPMENT AND IMPLEMENTA7 TION GRANTS TO STATES

8 Subtitle A—State Development

9 Grants

10 SEC. 201. PURPOSE.

11 The purpose of this subtitle is to assist States in plan12 ning and developing comprehensive, statewide systems for

13 school-to-work opportunities.

14 SEC. 202. STATE DEVELOPMENT GRANTS.

15 (a) IN GENERAL.—

16 (1) AWARD.—On the application of the Governor

17 on behalf of a State, the Secretaries may award a de18 velopment grant to the State in such amount as the

19 Secretaries determine to be necessary to enable the

20 State to complete development of a comprehensive,

21 statewide School-to-Work Opportunities system.

22 (2) AMOUNT.—The amount of a development

23 grant under this subtitle may not exceed $1,000,000

24 for any fiscal year.
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1 (3) COMPLETION.—The Secretaries may award

2 such grant to complete development initiated with

3 funds awarded under the Job Training Partnership

4 Act (29 U.S.C. 1501 et seq.) or the Carl D. Perkins

5 Vocational and Applied Technology Education Act

6 (20 U.S.C. 2301 et seq.).

7 (b) APPLICATION CONTENTS.—To be eligible to receive

8 a grant under subsection (a), a State shall submit an appli9 cation to the Secretaries that shall—

10 (1) include a timetable and an estimate of the

11 amount of funding needed to complete the planning

12 and development necessary to implement a com13 prehensive, statewide School-to-Work Opportunities

14 system, for all students;

15 (2) describe the manner in which—

16 (A) the Governor;

17 (B) the State educational agency;

18 (C) the State agency officials responsible for

19 job training and employment;

20 (D) the State agency officials responsible for

21 economic development;

22 (E) the State agency officials responsible for

23 postsecondary education;

24 (F) representatives of the private sector; and

25 (G) other appropriate officials,
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1 will collaborate in the planning and development of

2 the statewide School-to-Work Opportunities system;

3 (3) describe the manner in which the State has

4 obtained and will continue to obtain the active and

5 continued participation, in the planning and develop6 ment of the statewide School-to-Work Opportunities

7 system, of employers and other interested parties such

8 as locally elected officials, secondary schools and post9 secondary educational institutions (or related agen10 cies), business associations, employees, labor organiza11 tions or associations of such organizations, teachers,

12 related services personnel, students, parents, commu13 nity-based organizations, clergy, rehabilitation agen14 cies and organizations, registered apprenticeship

15 agencies, vocational educational agencies, vocational

16 student organizations, and human service agencies;

17 (4) describe the manner in which the State will

18 coordinate planning activities with any local school19 to-work programs, including programs that have re20 ceived a grant under title III, if any;

21 (5) designate a fiscal agent to receive and be ac22 countable for funds awarded under this subtitle;

23 (6) include such other information as the Sec24 retaries may require; and
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1 (7) be submitted at such time and in such man2 ner as the Secretaries may require.

3 (c) STATE DEVELOPMENT ACTIVITIES.—Funds award4 ed under this section shall be expended by a State only for

5 activities undertaken to develop a statewide School-to-Work

6 Opportunities system, which may include—

7 (1) identifying or establishing an appropriate

8 State structure to administer the School-to-Work Op9 portunities system;

10 (2) identifying secondary and postsecondary

11 school-to-work programs that might be incorporated

12 into the State system;

13 (3) identifying or establishing broad-based part14 nerships among employers, labor, education, govern15 ment, and other community and parent organizations

16 to participate in the design, development, and admin17 istration of School-to-Work Opportunities programs;

18 (4) developing a marketing plan to build consen19 sus and support for School-to-Work Opportunities

20 programs;

21 (5) promoting the active involvement of business,

22 including small- and medium-sized businesses, in

23 planning, developing, and implementing local School24 to-Work Opportunities programs;
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1 (6) identifying ways that local school-to-work

2 programs could be coordinated with the statewide

3 School-to-Work Opportunities system;

4 (7) supporting local planning and development

5 activities to provide guidance, training, and technical

6 assistance in the development of School-to-Work Op7 portunities programs;

8 (8) identifying or establishing mechanisms for

9 providing training and technical assistance to en10 hance the development of a statewide School-to-Work

11 Opportunities system;

12 (9) initiating pilot programs for testing key

13 components of the program design of programs under

14 the system;

15 (10) developing a State process for issuing skill

16 certificates that is, to the extent feasible, consistent

17 with the efforts of the National Skill Standards Board

18 and the skill standards endorsed under the National

19 Skill Standards Act of 1993;

20 (11) designing challenging curricula, in coopera21 tion with representatives of local partnerships, that

22 take into account the diverse learning needs and

23 abilities of the student population served by the sys24 tem;
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1 (12) developing a system for labor market analy2 sis and strategic planning for local targeting, of in3 dustry sectors or broad occupational clusters, that can

4 provide students with placements in high-skill work5 places;

6 (13) analyzing the post-high school employment

7 experiences of recent high school graduates and stu8 dents who have dropped out of school;

9 (14) preparing the plan described in section

10 212(b); and

11 (15) developing a training and technical support

12 system for teachers, employers, mentors, counselors,

13 related services personnel, and other parties.

14 (d) GRANTS TO CONSORTIA.—

15 (1) IN GENERAL.—The Secretaries may make

16 grants under subsection (a) to consortia of congres17 sional districts with low population densities, to en18 able each such consortium to complete development of

19 comprehensive, consortiawide School-to-Work Oppor20 tunities systems. Each such system shall be imple21 mented by individuals selected by the States in which

22 the system is located. Each such system shall meet the

23 requirements of this Act for such a system, except as

24 otherwise provided in this subsection.
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1 (2) AMOUNT.—Notwithstanding any other provi2 sion of this section, the amount of a development

3 grant under this subtitle to a consortium shall be in

4 such amount as the Secretaries may determine to be

5 appropriate.

6 (3) APPLICATION.—For purposes of the applica7 tion of this subtitle to a consortium:

8 (A) GOVERNOR.—References to a Governor

9 shall be deemed to be references to an official des10 ignated by the consortium to carry out the duties

11 of a Governor under this subtitle.

12 (B) STATE.—References to a State shall be

13 deemed to be references to the consortium.

14 (C) OFFICIAL.—References to an official of

15 a State shall be deemed to be references to such

16 an official of any of the States in which the con17 sortium is located.

18 (4) ABILITY OF STATE TO CARRY OUT PRO19 GRAM.—Nothing in this subsection shall limit the

20 ability of a State to carry out a statewide School-to21 Work Opportunities system in the State, even if a

22 congressional district located in the State participates

23 in a consortium under paragraph (1).

24 (5) DEFINITION.—As used in this subsection, the

25 term ‘‘consortia of congressional districts with low
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1 population densities’’ means a consortia of congres2 sional districts, each congressional district of which

3 has an average population density of less than 20.00

4 persons per square mile, based on 1993 data from the

5 Bureau of the Census.

6 Subtitle B—State Implementation

7 Grants

8 SEC. 211. PURPOSE.

9 The purpose of this subtitle is to assist States in the

10 implementation of comprehensive, statewide School-to-Work

11 Opportunities systems.

12 SEC. 212. STATE IMPLEMENTATION GRANTS.

13 (a) IN GENERAL.—

14 (1) ELIGIBILITY.—On the application of the

15 Governor on behalf of a State, the Secretaries may

16 award, on a competitive basis, a 5-year implementa17 tion grant to the State.

18 (2) APPLICATION.—To be eligible to receive a

19 grant under paragraph (1), a State shall submit an

20 application to the Secretaries that shall—

21 (A) contain—

22 (i) a plan for a comprehensive, state23 wide School-to-Work Opportunities system

24 that meets the requirements of subsection

25 (b);
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1 (ii) a description of the manner in

2 which the State will allocate funds made

3 available through such a grant to local

4 School-to-Work Opportunities partnerships

5 under subsection (g);

6 (iii) a request, if the State decides to

7 submit such a request, for one or more

8 waivers of certain statutory or regulatory

9 requirements, as provided for under title V;

10 (iv) a description of the manner in

11 which—

12 (I) the Governor;

13 (II) the State educational agency;

14 (III) the State agency officials re15 sponsible for job training and employ16 ment;

17 (IV) the State agency officials re18 sponsible for economic development;

19 (V) the State agency officials re20 sponsible for postsecondary education;

21 (VI) other appropriate officials;

22 and

23 (VII) the private sector,

24 collaborated in the development of the appli25 cation; and
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1 (v) such other information as the Sec2 retaries may require; and

3 (B) be submitted at such time and in such

4 manner as the Secretaries may require.

5 (b) CONTENTS OF STATE PLAN.—A State plan referred

6 to in subsection (a)(2)(A)(i) shall—

7 (1) designate the geographical areas, including

8 urban and rural areas, to be served by partnerships

9 that receive grants under subsection (g), which shall,

10 to the extent feasible, reflect local labor market areas;

11 (2) describe the manner in which the State will

12 stimulate and support local School-to-Work Opportu13 nities programs that meet the requirements of this

14 Act, and the manner in which the statewide School15 to-Work Opportunities system will be expanded over

16 time to cover all geographic areas in the State;

17 (3) describe the procedure by which—

18 (A) the Governor;

19 (B) the State educational agency;

20 (C) the State agency officials responsible for

21 job training and employment;

22 (D) the State agency officials responsible for

23 economic development;

24 (E) the State agency officials responsible for

25 postsecondary education;
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1 (F) representatives of the private sector; and

2 (G) other appropriate officials,

3 will collaborate in the implementation of the state4 wide School-to-Work Opportunities system;

5 (4) describe the manner in which the State has

6 obtained and will continue to obtain the active and

7 continued involvement, in the statewide School-to8 Work Opportunities system, of employers and other

9 interested parties such as locally elected officials, sec10 ondary schools and postsecondary educational institu11 tions (or related agencies), business associations, em12 ployees, labor organizations or associations of such or13 ganizations, teachers, related services personnel, stu14 dents, parents, community-based organizations, cler15 gy, rehabilitation agencies and organizations, reg16 istered apprenticeship agencies, vocational edu17 cational agencies, vocational student organizations,

18 State or regional cooperative education associations,

19 and human service agencies;

20 (5) describe the manner in which the School-to21 Work Opportunities system will coordinate with or

22 integrate local school-to-work programs, including

23 programs financed from State and private sources,

24 with funds available from such related Federal pro25 grams as programs under the Adult Education Act
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1 (20 U.S.C. 1201 et seq.), the Carl D. Perkins Voca2 tional and Applied Technology Education Act (20

3 U.S.C. 2301, et seq.), the Elementary and Secondary

4 Education Act of 1965 (20 U.S.C. 2701 et seq.), the

5 Higher Education Act of 1965 (20 U.S.C. 1001 et

6 seq.), part F of title IV of the Social Security Act (42

7 U.S.C. 681 et seq.), the Goals 2000: Educate America

8 Act, the National Skills Standards Act of 1993, the

9 Individuals with Disabilities Education Act (20

10 U.S.C. 1400 et seq.), the Job Training Partnership

11 Act (29 U.S.C. 1501 et seq.), the Act of August 16,

12 1937 (commonly known as the ‘‘National Apprentice13 ship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50

14 et seq.); the Rehabilitation Act of 1973 (29 U.S.C. 701

15 et seq.), and the National and Community Service

16 Act of 1990 (42 U.S.C. 12501 et seq.);

17 (6) describe the strategy of the State for provid18 ing training for teachers, employers, mentors, coun19 selors, related services personnel, and other parties;

20 (7) describe the strategy of the State for incor21 porating project-oriented, experiential learning pro22 grams which integrate theory and academic knowl23 edge with hands-on skills and applications into the

24 school curriculum for all students in the State;
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1 (8) describe the resources, including private sec2 tor resources, that the State intends to employ in

3 maintaining the School-to-Work Opportunities system

4 when funds under this Act are no longer available;

5 (9) describe the extent to which the School-to6 Work Opportunities system will include programs

7 that will provide paid high-quality, work-based learn8 ing experiences;

9 (10) describe the manner in which the State will

10 ensure effective and meaningful opportunities for all

11 students in the State to participate in School-to-Work

12 Opportunities programs;

13 (11) describe the goals of the State and the meth14 ods the State will use, such as awareness and out15 reach, to ensure opportunities for young women to

16 participate in School-to-Work Opportunities pro17 grams in a manner that leads to employment in high18 performance, high-paying jobs, including nontradi19 tional employment;

20 (12) describe the manner in which the State will

21 ensure opportunities for low-achieving students, stu22 dents with disabilities, and former students who have

23 dropped out of school, to participate in School-to24 Work Opportunities programs;
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1 (13) describe the process of the State for assessing

2 the skills and knowledge required in career majors,

3 and the process for awarding skill certificates that is

4 consistent with the efforts of the National Skill Stand5 ards Board and the skill standards endorsed under

6 the National Skill Standards Act of 1993;

7 (14) describe the manner in which the State will

8 ensure that students participating in the programs

9 are provided, to the greatest extent possible, with

10 flexibility to develop new career goals over time and

11 to change career majors without adverse consequences;

12 (15) describe the manner in which the State will,

13 to the extent feasible, continue programs funded under

14 section 302 in the statewide School-to-Work Opportu15 nities system;

16 (16) describe the manner in which local school17 to-work programs, including programs funded under

18 section 302, if any, will be integrated into the state19 wide School-to-Work Opportunities system;

20 (17) describe the performance standards that the

21 State intends to meet; and

22 (18) designate a fiscal agent to receive and be ac23 countable for funds awarded under this subtitle.

24 (c) REVIEW OF APPLICATIONS.—In reviewing each ap25 plication submitted under subsection (a), the Secretaries
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1 shall submit the application to a peer review process, deter2 mine whether to approve the plan described in subsection

3 (b), and, if such determination is affirmative, further deter4 mine whether to take one or more of the following actions:

5 (1) Award an implementation grant described in

6 subsection (a) to the State submitting the application.

7 (2) Approve the request of the State, if any, for

8 a waiver in accordance with the procedures set forth

9 in title V.

10 (3) Inform the State of the opportunity to apply

11 for further development funds under subtitle A, by

12 submitting to the Secretaries an application that in13 cludes a timetable and an estimate of the amount of

14 funding needed to complete the planning and develop15 ment necessary to implement a comprehensive, state16 wide School-to-Work Opportunities system, except

17 that further development funds may not be awarded

18 to a State that receives an implementation grant

19 under subsection (e).

20 (d) REVIEW CONSIDERATIONS.—In evaluating an ap21 plication submitted under subsection (a), the Secretaries

22 shall—

23 (1) take into consideration the quality of the ap24 plication, including the replicability, sustainability,
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1 and innovation of programs described in the applica2 tion;

3 (2) give priority to applications, based on the ex4 tent to which the system described in the application

5 would limit administrative costs and increase

6 amounts spent on delivery of services to students en7 rolled in programs carried out through the system

8 under this Act;

9 (3) give priority to applications that describe the

10 highest levels of—

11 (A) concurrence with the plan for the sys12 tem; and

13 (B) collaboration in the development and

14 implementation of the system; and

15 (4) give priority to applications that describe

16 systems that include programs that will provide paid

17 high-quality, work-based learning experiences;

18 by appropriate State agencies and officials and the

19 private sector.

20 (e) GRANT AMOUNT AND DURATION OF GRANT.—

21 (1) AMOUNT.—The Secretaries shall establish the

22 minimum and maximum amounts available for an

23 implementation grant under subsection (a), and shall

24 determine the actual amount granted to any State

25 under such subsection, based on such criteria as the
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1 scope and quality of the plan described in subsection

2 (b) and the number of projected participants in pro3 grams carried out through the system.

4 (2) DURATION.—No State shall be awarded more

5 than one implementation grant.

6 (f) STATE IMPLEMENTATION ACTIVITIES.—A State

7 shall expend funds awarded through grants under sub8 section (a) only for activities undertaken to implement the

9 School-to-Work Opportunities system of the State, which

10 may include—

11 (1) recruiting and providing assistance to em12 ployers to provide work-based learning for all stu13 dents;

14 (2) conducting outreach activities to promote

15 and support collaboration, in School-to-Work Oppor16 tunities programs, by businesses, labor organizations,

17 and other organizations;

18 (3) providing training for teachers, employers,

19 workplace mentors, school site mentors, counselors, re20 lated services personnel, and other parties;

21 (4) providing labor market information to local

22 partnerships that is useful in determining which

23 high-skill, high-wage occupations are in demand;

24 (5) designing or adapting model curricula that

25 can be used to integrate academic and occupational
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1 learning, school-based and work-based learning, and

2 secondary and postsecondary education, for all stu3 dents in the State;

4 (6) designing or adapting model work-based

5 learning programs and identifying best practices for

6 such programs;

7 (7) conducting outreach activities and providing

8 technical assistance to other States that are develop9 ing or implementing School-to-Work Opportunities

10 systems;

11 (8) reorganizing and streamlining School-to12 Work Opportunities systems in the State to facilitate

13 the development of a comprehensive statewide School14 to-Work Opportunities system;

15 (9) identifying ways that existing local school-to16 work programs could be integrated with the statewide

17 School-to-Work Opportunities system;

18 (10) designing career awareness and exploration

19 activities, which may begin as early as the elemen20 tary grades, such as job shadowing, job site visits,

21 school visits by individuals in various occupations,

22 and mentoring;

23 (11) designing and implementing school-spon24 sored work experiences, such as school-sponsored en25 terprises and community development projects; and
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1 (12) providing career exploration and awareness

2 services, counseling and mentoring services, college

3 awareness and preparation services, and other serv4 ices to prepare students for the transition from school

5 to work.

6 (g) ALLOCATION OF FUNDS TO PARTNERSHIPS.—A

7 State that receives a grant under subsection (a) shall award

8 grants, according to criteria established by the State, to

9 partnerships to carry out local School-to-Work Opportuni10 ties programs. In awarding such grants, the State shall use

11 not less than 65 percent of the sums awarded to the State

12 under subsection (a) in the first year in which the State

13 awards such grants, 75 percent of such sums in the second

14 such year, and 85 percent of such sums in each such year

15 thereafter.

16 (h) STATE SUBGRANTS TO PARTNERSHIPS.—

17 (1) APPLICATION.—A partnership that seeks a

18 grant to carry out a local School-to-Work Opportuni19 ties program, including a program initiated under

20 section 302, shall submit an application to the State

21 that—

22 (A) describes how the program would in23 clude the program components described in sec24 tions 102, 103, and 104 and otherwise meet the

25 requirements of this Act;
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1 (B) sets forth measurable program goals

2 and outcomes;

3 (C) describes the local strategies and time4 tables of the partnership to provide School-to5 Work Opportunities program opportunities for

6 all students in the area served;

7 (D) describes the extent to which the pro8 gram will provide paid high-quality, work-based

9 learning experiences;

10 (E) describes the process that will be used to

11 ensure employer involvement in the development

12 and implementation of the School-to-Work Op13 portunities program;

14 (F) provides such other information as the

15 State may require; and

16 (G) is submitted at such time and in such

17 manner as the State may require.

18 (2) ALLOWABLE ACTIVITIES.—A partnership

19 shall expend funds awarded through grants under this

20 subsection only for activities undertaken to carry out

21 local School-to-Work Opportunities programs, and

22 such activities may include, for each such program—

23 (A) recruiting and providing assistance to

24 employers, including small- and medium-size

25 businesses, to provide the work-based learning
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1 components described in section 102 in the

2 School-to-Work Opportunities program;

3 (B) establishing consortia of employers to

4 support the School-to-Work Opportunities pro5 gram and provide access to jobs related to the ca6 reer majors of students;

7 (C) supporting or establishing

8 intermediaries (selected from among the members

9 of the partnership) to perform the activities de10 scribed in section 104 and to provide assistance

11 to students in obtaining jobs and further edu12 cation and training;

13 (D) designing or adapting school curricula

14 that can be used to integrate academic and occu15 pational learning, school-based and work-based

16 learning, and secondary and postsecondary edu17 cation for all students in the area served;

18 (E) providing training to work-based and

19 school-based staff on new curricula, student as20 sessments, student guidance, and feedback to the

21 school regarding student performance;

22 (F) establishing, in schools participating in

23 the School-to-Work Opportunities program, a

24 graduation assistance program to assist at-risk

25 students, low-achieving students, and students
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1 with disabilities, in graduating from high school,

2 enrolling in postsecondary education or training,

3 and finding or advancing in jobs;

4 (G) conducting or obtaining an indepth

5 analysis of the local labor market and the generic

6 and specific skill needs of employers to identify

7 high-demand, high-wage careers to target;

8 (H) integrating work-based and school9 based learning into existing job training pro10 grams for youth who have dropped out of school;

11 (I) establishing or expanding school-to-ap12 prenticeship programs in cooperation with reg13 istered apprenticeship agencies and apprentice14 ship sponsors;

15 (J) assisting participating employers, in16 cluding small- and medium-size businesses, to

17 identify and train workplace mentors and to de18 velop work-based learning components;

19 (K) designing local strategies to provide

20 adequate planning time and staff development

21 activities for teachers, school counselors, related

22 services personnel, and school site mentors;

23 (L) enhancing linkages between—

24 (i) after-school, weekend, and summer

25 jobs; and
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1 (ii) opportunities for career explo2 ration and school-based learning; and

3 (M) providing career exploration and

4 awareness services, counseling and mentoring

5 services, college awareness and preparation serv6 ices, and other services to prepare students for

7 the transition from school to work.

8 (i) GRANTS TO CONSORTIA.—

9 (1) IN GENERAL.—The Secretaries may make

10 grants under subsection (a) to consortia of congres11 sional districts with low population densities, to en12 able each such consortium to implement comprehen13 sive, consortiawide School-to-Work Opportunities sys14 tems. Each such system shall be implemented by indi15 viduals selected by the States in which the system is

16 located. Each such system shall meet the requirements

17 of this Act for such a system, except as otherwise pro18 vided in this subsection.

19 (2) AMOUNT.—Notwithstanding any other provi20 sion of this section, the amount of an implementation

21 grant under this subtitle to a consortium shall be in

22 such amount as the Secretaries may determine to be

23 appropriate.

24 (3) APPLICATION.—For purposes of the applica25 tion of this subtitle to a consortium:
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1 (A) GOVERNOR.—References to a Governor

2 shall be deemed to be references to an official des3 ignated by the consortium to carry out the duties

4 of a Governor under this subtitle.

5 (B) STATE.—References to a State shall be

6 deemed to be references to the consortium.

7 (C) OFFICIAL.—References to an official of

8 a State shall be deemed to be references to such

9 an official of any of the States in which the con10 sortium is located.

11 (4) WAIVERS.—In order for a consortium that

12 receives a grant under this section to receive a waiver

13 under title V with respect to an congressional district

14 located within a State, the State and officials of the

15 State shall comply with the applicable requirements

16 of title V for such a waiver.

17 (5) ABILITY OF STATE TO CARRY OUT PRO18 GRAM.—Nothing in this subsection shall limit the

19 ability of a State to carry out a statewide School-to20 Work Opportunities system in the State, even if a

21 congressional district located in the State participates

22 in a consortium under paragraph (1).

23 (6) DEFINITION.—As used in this subsection, the

24 term ‘‘consortia of congressional districts with low

25 population densities’’ means a consortia of congres-
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1 sional district, each congressional district of which

2 has an average population density of less than 20.00

3 persons per square mile, based on 1993 data from the

4 Bureau of the Census.

5 SEC. 213. LIMITATION ON ADMINISTRATIVE COSTS.

6 (a) STATE SYSTEM.—A State that receives an imple7 mentation grant under section 212 may not use more than

8 15 percent of the amounts received through the grant for

9 any fiscal year for administrative costs associated with im10 plementing the School-to-Work Opportunities system of the

11 State for such fiscal year.

12 (b) LOCAL PROGRAM.—A partnership that receives a

13 grant under section 212 may not use more than 15 percent

14 of the amounts received through the grant for any fiscal

15 year for administrative costs associated with carrying out

16 the School-to-Work Opportunities programs of the partner17 ship for such fiscal year.

18 TITLE III—FEDERAL IMPLEMEN19 TATION GRANTS TO PART20 NERSHIPS

21 SEC. 301. PURPOSES.

22 The purposes of this title are—

23 (1) to authorize the Secretaries to award com24 petitive grants to partnerships in States that have not

25 received, or have only recently received, implementa-
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1 tion grants under section 212(a), in order to provide

2 funding for communities that have established a

3 sound planning and development base for School-to4 Work Opportunities programs and are ready to begin

5 implementing a local School-to-Work Opportunities

6 program; and

7 (2) to authorize the Secretaries to award com8 petitive grants to implement School-to-Work Opportu9 nities programs in high poverty areas of urban and

10 rural communities, and to implement such programs

11 in congressional districts with low population den12 sities, to provide support for a comprehensive range

13 of education, training, and support services for youth

14 residing in designated high poverty areas or in con15 gressional districts with low population densities.

16 SEC. 302. FEDERAL IMPLEMENTATION GRANTS TO PART17 NERSHIPS.

18 (a) IN GENERAL.—The Secretaries may award Federal

19 implementation grants, in accordance with competitive cri20 teria established by the Secretaries, to partnerships in

21 States that have not received an implementation grant

22 under section 212, or are carrying out activities for an ini23 tial year of an initial grant under such section, in order

24 to enable the partnerships to begin implementing local

25 School-to-Work Opportunities programs. A partnership
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1 may not receive funds under this section for any fiscal year

2 subsequent to such initial fiscal year.

3 (b) APPLICATION PROCEDURE.—A partnership that

4 desires to receive or extend a Federal implementation grant

5 under this section shall submit an application to the Sec6 retaries at such time and in such manner as the Secretaries

7 may require. The partnership shall submit the application

8 to the State for review and comment before submitting the

9 application to the Secretaries. The Secretaries shall submit

10 the application to a peer review process.

11 (c) APPLICATION CONTENTS.—The application de12 scribed in subsection (b) shall include a plan for local

13 School-to-Work Opportunities programs that—

14 (1) describes the manner in which the partner15 ship will meet the requirements of this Act;

16 (2) includes the comments of the State on the

17 plan, if any;

18 (3) contains information that is consistent with

19 the information required to be submitted as part of

20 a State plan in accordance with paragraphs (4)

21 through (11) of section 212(b);

22 (4) designates a fiscal agent to receive and be ac23 countable for funds under this section; and

24 (5) provides such other information as the Sec25 retaries may require.
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1 (d) CONFORMITY WITH APPROVED PLAN.—The Sec2 retaries shall not award a grant under this section to a

3 partnership in a State that has an approved plan unless

4 the Secretaries determine, after consultation with the State,

5 that the plan submitted by the partnership is in accordance

6 with the approved plan.

7 (e) IMPLEMENTATION ACTIVITIES.—A partnership

8 shall expend funds awarded under this section only for ac9 tivities undertaken to implement School-to-Work Opportu10 nities programs, which may include the activities specified

11 in section 212(f).

12 SEC. 303. SCHOOL-TO-WORK OPPORTUNITIES PROGRAM

13 GRANTS IN HIGH POVERTY AREAS AND IN

14 CONGRESSIONAL DISTRICTS WITH LOW POP15 ULATION DENSITIES.

16 (a) IN GENERAL.—

17 (1) AWARD OF GRANTS.—From the funds re18 served under section 508(b), the Secretaries are au19 thorized and encouraged to award grants, in accord20 ance with competitive criteria established by the Sec21 retaries, to partnerships to implement School-to-Work

22 Opportunities programs that include the program

23 components described in sections 102, 103, and 104

24 and otherwise meet the requirements of title I, in high

25 poverty areas and to partnerships to implement such
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1 programs in congressional districts with low popu2 lation densities.

3 (2) HIGH POVERTY AREA.—For purposes of this

4 subsection, the term ‘‘high poverty area’’ means an

5 urban census tract, the block number area in a

6 nonmetropolitan county, or an Indian reservation (as

7 defined in section 403(9) of the Indian Child Protec8 tion and Family Violence Prevention Act (25 U.S.C.

9 3202(9)), with a poverty rate of 20 percent or more

10 among youth aged 5 to 17, inclusive, as determined

11 by the Bureau of the Census.

12 (3) CONGRESSIONAL DISTRICT WITH A LOW POP13 ULATION DENSITY.—For purposes of this subsection,

14 the term ‘‘congressional district with a low popu15 lation density’’ means a congressional district with

16 an average population density of less than 20.00 per17 sons per square mile, based on 1993 data from the

18 Bureau of the Census.

19 (b) APPLICATION PROCEDURE.—A partnership that

20 desires to receive a grant under this section, in addition

21 to any funds received under section 212 or 302, shall submit

22 an application to the Secretaries at such time and in such

23 manner as the Secretaries may require. The partnership

24 shall submit the application to the State for review and

25 comment before submitting the application to the Secretar-
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1 ies. The Secretaries shall submit the application to a peer

2 review process.

3 (c) APPLICATION CONTENTS.—The application de4 scribed in subsection (b) shall include a plan for local

5 School-to-Work Opportunities programs that—

6 (1) describes the manner in which the partner7 ship will meet the requirements of this Act;

8 (2) includes the comments of the State on the

9 plan, if any;

10 (3) contains information that is consistent with

11 the information required to be submitted as part of

12 a State plan in accordance with paragraphs (4)

13 through (11) of section 212(b);

14 (4) designates a fiscal agent to receive and be ac15 countable for funds under this section; and

16 (5) provides such other information as the Sec17 retaries may require.

18 (d) CONFORMITY WITH APPROVED PLAN.—The Sec19 retaries shall not award a grant under this section to a

20 partnership in a State that has an approved plan unless

21 the Secretaries determine, after consultation with the State,

22 that the plan submitted by the partnership is in accordance

23 with the approved plan.

24 (e) IMPLEMENTATION ACTIVITIES.—A partnership

25 shall expend funds awarded under this section only for ac-
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1 tivities undertaken to implement School-to-Work Opportu2 nities programs, including the activities specified in section

3 212(h)(2).

4 (f) USE OF FUNDS.—Funds awarded under this sec5 tion may be awarded in combination with funds awarded

6 under the Youth Fair Chance Program set forth in part

7 H of title IV of the Job Training Partnership Act (29

8 U.S.C. 1782 et seq.).

9 TITLE IV—NATIONAL PROGRAMS

10 SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER

11 PROJECTS.

12 (a) IN GENERAL.—With funds reserved under section

13 508(c), the Secretaries shall conduct research and develop14 ment projects and establish a program of experimental and

15 demonstration projects, to further the purposes of this Act.

16 (b) ADDITIONAL USE OF FUNDS.—Funds reserved

17 under section 508(c) may be used for programs or services

18 authorized under any other provision of this Act that are

19 most appropriately administered at the national level and

20 that will operate in, or benefit, more than one State.

21 SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.

22 (a) IN GENERAL.—Using funds reserved under section

23 508(c), the Secretaries, in collaboration with the States,

24 shall establish a system of performance measures for assess-
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1 ing State and local School-to-Work Opportunities programs

2 regarding—

3 (1) progress in the development and implementa4 tion of State plans described in section 212(b) with

5 respect to programs that include the program compo6 nents described in sections 102, 103, and 104 and

7 otherwise meet the requirements of title I;

8 (2) participation in School-to-Work Opportuni9 ties programs by employers, schools, and students;

10 (3) progress in developing and implementing

11 strategies for addressing the needs of all students in

12 the State;

13 (4) progress in meeting the goals of the State to

14 ensure opportunities for young women to participate

15 in School-to-Work Opportunities programs, including

16 participation in nontraditional employment;

17 (5) outcomes for students in the programs (in18 cluding disadvantaged students, students with diverse

19 racial, ethnic, or cultural backgrounds, students with

20 disabilities, students with limited-English proficiency,

21 students who have dropped out of school, and aca22 demically talented students), which outcomes shall in23 clude—

24 (A) academic learning gains;
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1 (B) progress in staying in school and at2 taining—

3 (i) a high school diploma or its equiva4 lent, such as—

5 (I) a general equivalency diploma;

6 or

7 (II) an alternative diploma or

8 certificate for students with disabilities

9 for whom such alternative diploma or

10 certificate is appropriate;

11 (ii) a skill certificate; and

12 (iii) a postsecondary degree;

13 (C) attainment of strong experience in and

14 understanding of all aspects of the industry the

15 students are preparing to enter;

16 (D) placement and retention in further edu17 cation or training, particularly in the career

18 major of the student; and

19 (E) job placement, retention, and earnings,

20 particularly in the career major of the student;

21 and

22 (6) the extent to which the program has met the

23 needs of employers.

24 (b) EVALUATION.—Using funds reserved under section

25 508(c), the Secretaries shall conduct, through grants, con-
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1 tracts, or other arrangements, a national evaluation of

2 School-to-Work Opportunities programs funded under this

3 Act that will track and assess the progress of implementa4 tion of State and local School-to-Work Opportunities pro5 grams and their effectiveness based on measures such as the

6 measures described in subsection (a).

7 (c) REPORTS TO THE SECRETARIES.—

8 (1) IN GENERAL.—Each State shall prepare and

9 submit to the Secretaries periodic reports, at such in10 tervals as the Secretaries may determine, containing

11 information described in paragraphs (1) through (5)

12 of subsection (a).

13 (2) FEDERAL PROGRAMS.—Each State shall pre14 pare and submit reports to the Secretaries, at such

15 intervals as the Secretaries may determine, contain16 ing information on the extent to which Federal pro17 grams implemented at the State and local level may

18 be duplicative, outdated, overly restrictive, or other19 wise counterproductive to the development of com20 prehensive statewide School-to-Work Opportunities

21 systems.

22 (d) REPORT TO THE CONGRESS.—Using funds re23 served under section 508(c), not later than 24 months after

24 the date of enactment of this Act, the Secretaries shall sub25 mit a report to the Congress on School-to-Work Opportuni-
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1 ties programs and shall, at a minimum, include in such

2 report—

3 (1) information concerning the programs that re4 ceive assistance under this Act;

5 (2) a summary of the information contained in

6 the State reports submitted under subsection (c); and

7 (3) information regarding the findings and ac8 tions taken as a result of any evaluation conducted by

9 the Secretaries.

10 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

11 (a) PURPOSE.—The Secretaries shall work in coopera12 tion with States, employers and associations of employers,

13 secondary schools and postsecondary education institutions,

14 student and teacher organizations, labor organizations, and

15 community-based organizations, to increase their capacity

16 to develop and implement effective School-to-Work Opportu17 nities programs.

18 (b) AUTHORIZED ACTIVITIES.—Using funds reserved

19 under section 508(c), the Secretaries shall provide, through

20 grants, contracts, or other arrangements—

21 (1) training, technical assistance, and other ac22 tivities that will—

23 (A) enhance the skills, knowledge, and ex24 pertise of the personnel involved in planning and
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1 implementing State and local School-to-Work

2 Opportunities programs; and

3 (B) improve the quality of services provided

4 to individuals served under this Act;

5 (2) assistance to States and partnerships in6 volved in carrying out School-to-Work Opportunities

7 programs in order to integrate resources available

8 under this Act with resources available under other

9 Federal, State, and local authorities;

10 (3) assistance to States and such partnerships to

11 recruit employers to provide the work-based learning

12 component, described in section 102, of School-to13 Work Opportunities programs; and

14 (4) assistance to States and such partnerships to

15 design and implement school-sponsored enterprises.

16 (c) PEER REVIEW.—The Secretaries may use funds re17 served under section 508(c) for the peer review of State ap18 plications and plans under section 212 and applications

19 under title III.

20 (d) NETWORKS AND CLEARINGHOUSES.—

21 (1) ESTABLISHMENT.—To carry out their re22 sponsibilities under subsection (b), the Secretaries

23 shall establish, through grants, contracts, or other ar24 rangements, a Clearinghouse and Capacity Building
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1 Network (hereafter referred to in this subsection as the

2 ‘‘Clearinghouse’’).

3 (2) FUNCTIONS.—The Clearinghouse shall—

4 (A) collect and disseminate information on

5 successful school-to-work programs, and innova6 tive school-based and work-based curricula;

7 (B) collect and disseminate information on

8 research and evaluation conducted concerning

9 activities carried out through School-to-Work

10 Opportunities programs;

11 (C) collect and disseminate information

12 that will assist States and partnerships in un13 dertaking labor market analysis, surveys, or

14 other activities related to economic development;

15 (D) collect and disseminate information on

16 skill certificates, skill standards, and related as17 sessment technologies;

18 (E) collect and disseminate information on

19 methods for recruiting and building the capacity

20 of employers to provide work-based learning op21 portunities;

22 (F) facilitate communication and the ex23 change of information and ideas among States

24 and partnerships carrying out School-to-Work

25 Opportunities programs; and
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1 (G) carry out such other activities as the

2 Secretaries determine to be appropriate.

3 (3) COORDINATION.—The Secretaries shall co4 ordinate the activities of the Clearinghouse with the

5 activities of other similar entities to avoid duplica6 tion and enhance the sharing of relevant information.

7 TITLE V—GENERAL PROVISIONS

8 SEC. 501. STATE REQUEST AND RESPONSIBILITIES FOR A

9 WAIVER OF STATUTORY AND REGULATORY

10 REQUIREMENTS.

11 (a) STATE REQUEST FOR WAIVER.—A State with an

12 approved plan may, at any point during the development

13 or implementation of a School-to-Work Opportunities pro14 gram, request a waiver of one or more statutory or regu15 latory provisions from the Secretaries in order to carry out

16 the purposes of this Act, and such requests for waivers shall

17 be submitted as part of the plan or as amendments to the

18 plan.

19 (b) PARTNERSHIP REQUEST FOR WAIVER.—A part20 nership that seeks a waiver of any of the provisions speci21 fied in sections 502 and 503 shall submit an application

22 for such waiver to the State, and the State shall determine

23 whether to submit a request for a waiver to the Secretaries,

24 as provided in subsection (a).
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1 (c) WAIVER CRITERIA.—Any such request by the State

2 shall meet the criteria contained in section 502 or 503 and

3 shall specify the provisions or regulations referred to in such

4 sections with respect to which the State seeks a waiver.

5 (d) SUPPORT BY APPROPRIATE STATE AGENCIES.—In

6 requesting such a waiver, the State shall provide evidence

7 of support for the waiver request by the State agencies or

8 officials with jurisdiction over the provisions or regulations

9 that would be waived.

10 SEC. 502. WAIVERS OF STATUTORY AND REGULATORY RE11 QUIREMENTS BY THE SECRETARY OF EDU12 CATION.

13 (a) IN GENERAL.—

14 (1) WAIVER.—Except as provided in subsection

15 (c), the Secretary of Education may waive any re16 quirement of any provisions specified in subsection

17 (b) or of the regulations issued under such provisions

18 for a State that requests such a waiver—

19 (A) if, and only to the extent that, the Sec20 retary of Education determines that such re21 quirement impedes the ability of the State or a

22 partnership to carry out the purposes of this Act;

23 (B) if the State waives, or agrees to waive,

24 similar requirements of State law; and

25 (C) if the State—
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1 (i) has provided all partnerships that

2 carry out programs under this Act, and

3 local educational agencies participating in

4 such a partnership, in the State with notice

5 and an opportunity to comment on the pro6 posal of the State to seek a waiver; and

7 (ii) has submitted the comments of the

8 partnerships and local educational agencies

9 to the Secretary of Education.

10 (2) ACTION.—The Secretary of Education shall

11 act promptly on any request submitted pursuant to

12 paragraph (1).

13 (3) TERM.—Each waiver approved pursuant to

14 this subsection shall be for a period not to exceed 5

15 years, except that the Secretary of Education may ex16 tend such period if the Secretary of Education deter17 mines that the waiver has been effective in enabling

18 the State or partnership to carry out the purposes of

19 this Act.

20 (b) INCLUDED PROGRAMS.—The provisions subject to

21 the waiver authority of this section are—

22 (1) chapter 1 of title I of the Elementary and

23 Secondary Education Act of 1965 (20 U.S.C. 2701 et

24 seq.), including the Even Start programs carried out

25 under part B of such chapter (20 U.S.C. 2741 et seq.);
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1 (2) part A of chapter 2 of title I of the Elemen2 tary and Secondary Education Act of 1965 (20

3 U.S.C. 2921 et seq.);

4 (3) part A of title II of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 2981 et

6 seq.);

7 (4) part D of title IV of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 3121 et

9 seq.);

10 (5) title V of the Elementary and Secondary

11 Education Act of 1965 (20 U.S.C. 3171 et seq.); and

12 (6) the Carl D. Perkins Vocational and Applied

13 Technology Education Act (20 U.S.C. 2301 et seq.).

14 (c) WAIVERS NOT AUTHORIZED.—The Secretary of

15 Education may not waive any statutory or regulatory re16 quirement of the provisions specified in subsection (b) relat17 ing to—

18 (1) the basic purposes or goals of the affected

19 programs under such provisions;

20 (2) maintenance of effort;

21 (3) comparability of services;

22 (4) the equitable participation of students at23 tending private schools;

24 (5) student and parental participation and in25 volvement;
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1 (6) the distribution of funds to State or to local

2 educational agencies;

3 (7) the eligibility of an individual for participa4 tion in the affected programs;

5 (8) public health or safety, labor, civil rights, oc6 cupational safety and health, or environmental pro7 tection; or

8 (9) prohibitions or restrictions relating to the

9 construction of buildings or facilities.

10 (d) TERMINATION OF WAIVERS.—The Secretary of

11 Education shall periodically review the performance of any

12 State or partnership for which the Secretary of Education

13 has granted a waiver under this section and shall terminate

14 the waiver under this section if the Secretary determines

15 that the performance of the State, partnership, or local edu16 cational agency affected by the waiver has been inadequate

17 to justify a continuation of the waiver, or the State fails

18 to waive similar requirements of State law as required or

19 agreed to in accordance with subsection (a)(1)(B).

20 SEC. 503. WAIVERS OF STATUTORY AND REGULATORY RE21 QUIREMENTS BY THE SECRETARY OF LABOR.

22 (a) IN GENERAL.—

23 (1) WAIVER.—Except as provided in subsection

24 (c), the Secretary of Labor may waive any require25 ment of the Act, or any provisions of the Act, speci-
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1 fied in subsection (b) or of the regulations issued

2 under such Act or provisions for a State that requests

3 such a waiver—

4 (A) if, and only to the extent that, the Sec5 retary of Labor determines that such requirement

6 impedes the ability of the State or a partnership

7 to carry out the purposes of this Act;

8 (B) if the State waives, or agrees to waive,

9 similar requirements of State law; and

10 (C) if the State—

11 (i) has provided all partnerships that

12 carry out programs under this Act in the

13 State with notice and an opportunity to

14 comment on the proposal of the State to seek

15 a waiver; and

16 (ii) has submitted the comments of the

17 partnerships to the Secretary of Labor.

18 (2) ACTION.—The Secretary of Labor shall act

19 promptly on any request submitted pursuant to para20 graph (1).

21 (3) TERM.—Each waiver approved pursuant to

22 this subsection shall be for a period not to exceed 5

23 years, except that the Secretary of Labor may extend

24 such period if the Secretary of Labor determines that
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1 the waiver has been effective in enabling the State or

2 partnership to carry out the purposes of this Act.

3 (b) INCLUDED PROGRAMS.—The Act subject to the

4 waiver authority of this section is the Job Training Part5 nership Act (29 U.S.C. 1501 et seq.).

6 (c) WAIVERS NOT AUTHORIZED.—The Secretary of

7 Labor may not waive any statutory or regulatory require8 ment of the Act, or any provision of the Act, specified in

9 subsection (b) relating to—

10 (1) the basic purposes or goals of the affected

11 programs under such provisions;

12 (2) maintenance of effort;

13 (3) the allocation of funds under the affected pro14 grams;

15 (4) the eligibility of an individual for participa16 tion in the affected programs;

17 (5) public health or safety, labor, civil rights, oc18 cupational safety and health, or environmental pro19 tection; or

20 (6) prohibitions or restrictions relating to the

21 construction of buildings or facilities.

22 (d) TERMINATION OF WAIVERS.—The Secretary of

23 Labor shall periodically review the performance of any

24 State or partnership for which the Secretary of Labor has

25 granted a waiver under this section and shall terminate the
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1 waiver under this section if the Secretary determines that

2 the performance of the State or partnership affected by the

3 waiver has been inadequate to justify a continuation of the

4 waiver, or the State fails to waive similar requirements of

5 State law as required or agreed to in accordance with sub6 section (a)(1)(B).

7 SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH

8 POVERTY SCHOOLS.

9 (a) IN GENERAL.—

10 (1) PURPOSES.—The purposes of this section

11 are—

12 (A) to integrate activities under this Act

13 with school-to-work transition activities carried

14 out under other programs; and

15 (B) to maximize the effective use of re16 sources.

17 (2) COMBINATION OF FUNDS.—To carry out such

18 purposes, a local partnership that receives assistance

19 under title II or III may carry out schoolwide school20 to-work activities in schools that meet the require21 ments of subparagraphs (A) and (B) of section

22 263(g)(1) of the Job Training Partnership Act (29

23 U.S.C. 1643(g)(1)(A) and (B)) with funds obtained

24 by combining—

25 (A) Federal funds under this Act; and
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1 (B) other Federal funds made available

2 from among programs under—

3 (i) the provisions of law listed in para4 graphs (2) through (6) of section 502(b);

5 and

6 (ii) the Job Training Partnership Act

7 (29 U.S.C. 1501 et seq.); and

8 (b) USE OF FUNDS.—A local partnership may use the

9 Federal funds combined under subsection (a) under the re10 quirements of this Act, except that the provisions relating

11 to the matters specified in paragraphs (1) through (6) and

12 paragraphs (8) and (9) of section 502(c), and paragraph

13 (1) and paragraphs (3) through (6) of section 503(c), that

14 relate to the program through which the funds described in

15 subsection (a)(2)(B) were made available, shall remain in

16 effect with respect to the use of such funds.

17 (c) ADDITIONAL INFORMATION IN APPLICATION.—A

18 local partnership seeking to combine funds under subsection

19 (a) shall include in the application of the partnership under

20 title II or III—

21 (1) a description of the funds the partnership

22 proposes to combine under the requirements of this

23 Act;

24 (2) the activities to be carried out with such

25 funds;
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1 (3) the specific outcomes expected of participants

2 in schoolwide school-to-work activities; and

3 (4) such other information as the State, or Sec4 retaries, as the case may be, may require.

5 (d) DISSEMINATION OF INFORMATION.—The local

6 partnership shall, to the extent feasible, provide information

7 on the proposed combination of Federal funds under sub8 section (a) to parents, students, educators, advocacy and

9 civil rights organizations, and the public.

10 SEC. 505. COMBINATION OF FEDERAL FUNDS BY STATES.

11 (a) IN GENERAL.—

12 (1) PURPOSES.—The purposes of this section

13 are—

14 (A) to integrate activities under this Act

15 with State school-to-work transition activities

16 carried out under other programs; and

17 (B) to maximize the effective use of re18 sources.

19 (2) COMBINATION OF FUNDS.—To carry out such

20 purposes, a State that receives assistance under title

21 II may carry out activities necessary to develop and

22 implement a statewide School-to-Work Opportunities

23 system with funds obtained by combining—

24 (A) Federal funds under this Act; and
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1 (B) other Federal funds made available

2 from among programs under—

3 (i) the Carl D. Perkins Vocational and

4 Applied Technology Act, section 201; and

5 (ii) the Job Training Partnership Act

6 (29 U.S.C. 1501 et seq.).

7 (b) USE OF FUNDS.—A State may use the State por8 tion of the Federal funds combined under subsection (a)

9 under the requirements of this Act, except that the provi10 sions relating to the matters specified in section 502(c), and

11 section 503(c), that relate to the program through which

12 the funds described in subsection (a)(2)(B) were made

13 available, shall remain in effect with respect to the use of

14 such funds.

15 (c) ADDITIONAL INFORMATION IN APPLICATION.—A

16 State seeking to combine funds under subsection (a) shall

17 include in the application of the State under title II—

18 (1) a description of the funds the State proposes

19 to combine under the requirements of this Act;

20 (2) the activities to be carried out with such

21 funds;

22 (3) the specific outcomes expected of participants

23 in school-to-work activities;
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1 (4) evidence of support for the waiver request by

2 the State agencies or officials with jurisdiction over

3 the funds that would by combined;

4 (5) a State’s authority to combine funds under

5 this section shall not exceed 5 years, except that the

6 Secretaries may extend such period if the Secretaries

7 determine that such authority would further the pur8 poses of this Act; and

9 (6) such other information as the Secretaries

10 may require.

11 SEC. 506. REQUIREMENTS.

12 The following requirements shall apply to School-to13 Work Opportunities programs under this Act:

14 (1) No student participating in such a program

15 shall displace any currently employed worker (includ16 ing a partial displacement, such as a reduction in the

17 hours of nonovertime work, wages, or employment

18 benefits).

19 (2) No School-to-Work Opportunities program

20 shall impair existing contracts for services or collec21 tive bargaining agreements, and no program under

22 this Act that would be inconsistent with the terms of

23 a collective bargaining agreement shall be undertaken

24 without the written concurrence of the labor organiza25 tion and employer concerned.
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1 (3) No student shall be employed or fill a posi2 tion—

3 (A) when any other individual is on tem4 porary layoff from the participating employer,

5 with the clear possibility of recall, from the same

6 or any substantially equivalent job; or

7 (B) when the employer has terminated the

8 employment of any regular employee or other9 wise reduced the work force of the employer with

10 the intention of filling the vacancy so created

11 with a student.

12 (4) Students participating in such programs

13 shall be provided with adequate and safe equipment

14 and safe and healthful workplaces in conformity with

15 all health and safety standards of Federal, State, and

16 local law.

17 (5) Nothing in this Act shall be construed to

18 modify or affect any Federal or State law prohibiting

19 discrimination on the basis of race, religion, color,

20 ethnicity, national origin, gender, age, or disability.

21 (6) Funds appropriated under authority of this

22 Act shall not be expended for wages of students par23 ticipating in such programs.

24 (7) The Secretaries shall establish such other re25 quirements as the Secretaries may determine to be
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1 appropriate, in order to ensure that participants in

2 such programs are afforded adequate supervision by

3 skilled adult workers, or to otherwise further the pur4 poses of this Act.

5 SEC. 507. SANCTIONS.

6 (a) IN GENERAL.—The Secretaries may terminate or

7 suspend financial assistance, in whole or in part, to a re8 cipient or refuse to extend a grant for a recipient, if the

9 Secretaries determine that the recipient has failed to meet

10 the requirements of this Act, including requirements under

11 section 402(c), or any regulations under this Act, or any

12 approved plan submitted pursuant to this Act. The Sec13 retaries shall provide to the recipient prompt notice of such

14 termination, suspension, or refusal to extend a grant and

15 the opportunity for a hearing within 30 days after such

16 notice.

17 (b) NONDELEGATION.—The Secretaries shall not dele18 gate any of the functions or authority specified in this sec19 tion, other than to an officer whose appointment is required

20 to be made by and with the advice and consent of the Sen21 ate.

22 SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

23 (a) AUTHORIZATION.—There are authorized to be ap24 propriated to the Secretaries $300,000,000 for fiscal year

25 1995, and $400,000,000 for fiscal year 1996; $400,000,000
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1 for fiscal year 1997; $330,000,000 for fiscal year 1998; and

2 $220,000,000 for fiscal year 1999.

3 (b) HIGH POVERTY AREAS AND CONGRESSIONAL DIS4 TRICTS WITH LOW POPULATION DENSITIES.—Of the

5 amounts appropriated under subsection (a) for a fiscal

6 year, the Secretaries may reserve not more than 10 percent

7 of such amounts for the fiscal year to carry out section 303,

8 which reserved funds may be used in conjunction with funds

9 available under the Youth Fair Chance Program set forth

10 in part H of title IV of the Job Training Partnership Act

11 (29 U.S.C. 1782 et seq.).

12 (c) NATIONAL PROGRAMS.—Of the amounts appro13 priated under subsection (a) for a fiscal year, the Secretar14 ies may reserve not more than 10 percent of such amounts

15 for the fiscal year to carry out title IV.

16 (d) TERRITORIES.—

17 (1) IN GENERAL.—Of the amounts appropriated

18 for a fiscal year under subsection (a), the Secretaries

may reserve up to 1 19 ⁄4 of 1 percent to make Federal

20 implementation grants to territories under section

21 212 on the same basis as the Secretaries make grants

22 to States under such section. The territories shall use

23 funds made available through such grants to imple24 ment School-to-Work Opportunities programs in ac-
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1 cordance with the requirements applicable to States

2 under subtitle B of title II.

3 (2) DEFINITION.—As used in this subsection, the

4 term ‘‘territory’’ means the United States Virgin Is5 lands, Guam, the Commonwealth of the Northern

6 Mariana Islands, American Samoa, the Federated

7 States of Micronesia, and the Republic of the Mar8 shall Islands, and includes the Republic of Palau

9 (until the Compact of Free Association is ratified).

10 (e) NATIVE AMERICAN PROGRAMS.—

11 (1) RESERVATION.—The Secretaries may reserve

up to 1 12 ⁄4 of 1 percent of the funds appropriated for

13 any fiscal year under subsection (a) to make Federal

14 implementation grants to appropriate entities under

15 section 212 on the same basis as the Secretaries make

16 grants to States under such section. The territories

17 shall use funds made available through such grants to

18 implement School-to-Work Opportunities programs,

19 for students who are Indians (as defined in section

20 1(1) of the Tribally Controlled Community College

21 Assistance Act of 1978 (25 U.S.C. 1801(1)), that in22 volve Bureau funded schools, as defined in section

23 1139(3) of the Education Amendments of 1978 (25

24 U.S.C. 2019(3)), in accordance with the requirements

25 applicable to States under subtitle B of title II.
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1 (2) IMPLEMENTATION.—The Secretaries may

2 carry out this subsection through such means as the

3 Secretaries determine to be appropriate, including—

4 (A) the transfer of funds to the Secretary of

5 the Interior; and

6 (B) the provision of financial assistance to

7 tribes and Indian organizations, as defined in

8 paragraphs (13) and (7), respectively, of section

9 1139 of such Act.

10 (f) AVAILABILITY OF FUNDS.—Funds obligated for any

11 fiscal year for programs authorized under this Act shall re12 main available until expended.

13 SEC. 509. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.

14 The Secretaries are authorized, in carrying out this

15 Act, to accept, purchase, or lease in the name of the Depart16 ment of Labor or the Department of Education, and employ

17 or dispose of in furtherance of the purposes of this Act, any

18 money or property, real, personal, or mixed, tangible or in19 tangible, received by gift, devise, bequest, or otherwise, and

20 to accept voluntary and uncompensated services notwith21 standing the provisions of section 1342 of title 31, United

22 States Code.

23 SEC. 510. STATE AUTHORITY.

24 Nothing in this Act shall be construed to supersede the

25 legal authority, under State law or other applicable law,
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1 of any State agency or State public official over programs

2 that are under the jurisdiction of the agency or official.

3 SEC. 511. CONSTRUCTION.

4 Nothing in this Act shall be construed to establish a

5 right for any person to bring an action to obtain services

6 under this Act.

7 SEC. 512. ADDITIONAL FEDERAL REQUIREMENTS.

8 (a) PURPOSE.—The purpose of this section is to ensure

9 that the funds provided under this Act cannot be utilized

10 by the Federal Government to contribute to an unfunded

11 Federal mandate.

12 (b) REQUIREMENTS.—Subject to subsection (c) and

13 notwithstanding any other provision of Federal law, no

14 provision of Federal law shall require a State, in order to

15 receive funds under this Act, to comply with any Federal

16 requirement, other than a requirement of this Act as in ef17 fect on the effective date of this Act.

18 (c) RULE OF CONSTRUCTION.—Any provision of Fed19 eral statutory or regulatory law, in effect on or after the

20 effective date of this Act, shall be subject to subsection (b)

21 unless such law explicitly excludes the application of sub22 section (b) by reference to this section.

23 SEC. 513. SENSE OF THE SENATE.

24 It is the sense of the Senate that the Congress should

25 fund programs under this Act, for fiscal years 1996 through
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1 2002, predominately from the savings resulting from efforts

2 of the Department of Labor, the Department of Education,

3 and other Federal agencies, to eliminate, consolidate, or

4 streamline, duplicative or ineffective education or job train5 ing programs in existence on the date of enactment of this

6 Act.

7 TITLE VI—OTHER PROGRAMS

8 SEC. 601. TECH-PREP EDUCATION.

9 (a) CONTENTS OF PROGRAM.—Paragraph (2) of sec10 tion 344(b) of the Tech-Prep Education Act (20 U.S.C.

11 2394b(b)(2)) is amended by inserting ‘‘or 4 years’’ before

12 ‘‘of secondary school’’.

13 (b) SPECIAL CONSIDERATION; PRIORITY.—Section 345

14 of the Tech-Prep Education Act (20 U.S.C. 2394c) is

15 amended—

16 (1) in subsection (d)—

17 (A) by redesignating paragraphs (2) and

18 (3) as paragraphs (3) and (4), respectively; and

19 (B) by inserting after paragraph (1) the fol20 lowing new paragraph:

21 ‘‘(2) are developed in consultation with institu22 tions of higher education that award baccalaureate

23 degrees;’’;

24 (2) by redesignating subsections (e) and (f) as

25 subsections (f) and (g), respectively; and
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1 (3) by inserting after subsection (d) the following

2 new subsection:

3 ‘‘(e) PRIORITY.—The Secretary or the State board, as

4 appropriate, shall give highest priority to applications that

5 provide for effective employment placement activities or

6 transfer of students to 4-year baccalaureate degree pro7 grams.’’.

8 TITLE VII—TECHNICAL

9 PROVISIONS

10 SEC. 701. EFFECTIVE DATE.

11 This Act shall take effect on the date of enactment of

12 this Act.

13 SEC. 702. SUNSET.

14 The authority provided by this Act shall terminate on

15 October 1 of the ninth calendar year after the date of enact16 ment of this Act.

17 TITLE VIII—ALASKA NATIVE ART

18 AND CULTURE

19 SEC. 801. SHORT TITLE.

20 This title may be cited as ‘‘Alaska Native Culture and

21 Arts Development Act’’.

22 SEC. 802. ALASKA NATIVE ART AND CULTURE.

23 Section 1521 of the Higher Education Amendments of

24 1986 (20 U.S.C. 4441) is amended to read as follows:
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1 ‘‘PART B—NATIVE HAWAIIANS AND ALASKA NATIVES

2 ‘‘SEC. 1521. PROGRAM FOR NATIVE HAWAIIAN AND ALASKA

3 NATIVE CULTURE AND ARTS DEVELOPMENT.

4 ‘‘(a) IN GENERAL.—The Secretary of the Interior is

5 authorized to make grants for the purpose of supporting

6 programs for Native Hawaiian or Alaska Native culture

7 and arts development to any private, nonprofit organiza8 tion or institution which—

9 ‘‘(1) primarily serves and represents Native Ha10 waiians or Alaska Natives, and

11 ‘‘(2) has been recognized by the Governor of the

12 State of Hawaii or the Governor of the State of Alas13 ka, as appropriate, for the purpose of making such or14 ganization or institution eligible to receive such

15 grants.

16 ‘‘(b) PURPOSE OF GRANTS.—Grants made under sub17 section (a) shall, to the extent deemed possible by the Sec18 retary and the recipient of the grant, be used—

19 ‘‘(1) to provide scholarly study of, and instruc20 tion in, Native Hawaiian or Alaska Native art and

21 culture,

22 ‘‘(2) to establish programs which culminate in

23 the awarding of degrees in the various fields of Native

24 Hawaiian or Alaska Native art and culture, or
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1 ‘‘(3) to establish centers and programs with re2 spect to Native Hawaiian or Alaska Native art and

3 culture that are similar in purpose to the centers and

4 programs described in subsections (b) and (c) of sec5 tion 1510.

6 ‘‘(c) MANAGEMENT OF GRANTS.—

7 ‘‘(1) Any organization or institution which is

8 the recipient of a grant made under subsection (a)

9 shall establish a governing board to manage and con10 trol the program with respect to which such grant is

11 made.

12 ‘‘(2) For any grants made with respect to Native

13 Hawaiian art and culture, the members of the govern14 ing board which is required to be established under

15 paragraph (1) shall—

16 ‘‘(A) be Native Hawaiians or individuals

17 widely recognized in the field of Native Hawai18 ian art and culture,

19 ‘‘(B) include a representative of the Office of

20 Hawaiian Affairs of the State of Hawaii,

21 ‘‘(C) include the president of the University

22 of Hawaii,

23 ‘‘(D) include the president of the Bishop

24 Museum, and

25 ‘‘(E) serve for a fixed term of office.
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1 ‘‘(3) For any grants made with respect to Alaska

2 Native art and culture, the members of the governing

3 board which is required to be established under para4 graph (1) shall—

5 ‘‘(A) include Alaska Natives and individ6 uals widely recognized in the field of Alaska Na7 tive art and culture,

8 ‘‘(B) represent the Eskimo, Indian and

9 Aleut cultures of Alaska, and

10 ‘‘(C) serve for a fixed term.’’.

Attest:

Secretary.
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