the findings of such evaluations and assessments,
and research, to the Committee on Education and
the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of
the Senate.
‘‘(e) DEMONSTRATIONS AND DISSEMINATION.—
‘‘(1) DEMONSTRATION
PROGRAM.—The Sec-
retary is authorized to carry out demonstration voca-
tional-technical education programs, to replicate
model vocational-technical education programs, to
disseminate best practices information, and to pro-
vide technical assistance upon request of a State, for
the purposes of developing, improving, and identify-
ing the most successful methods and techniques for
providing vocational-technical education programs
assisted under this Act.
‘‘(2) DEMONSTRATION PARTNERSHIP.—
‘‘(A) IN
GENERAL.—The Secretary shall
carry out a demonstration partnership project
involving a 4-year, accredited postsecondary in-
stitution, in cooperation with local public edu-
cation organizations, volunteer groups, and pri-
vate sector business participants to provide pro-
gram support, and facilities for education,
training, 
tutoring, 
counseling, 
employment
preparation, specific skills training in emerging
and established professions, retraining of mili-
tary medical personnel, retraining of individuals
displaced by corporate or military restructuring,
migrant workers, and other individuals who oth-
erwise would not have access to such services,
through multi-site, multi-State distance learn-
ing technologies.
‘‘(B) PROGRAM.—Such program may be
carried out directly or through grants, con-
tracts, cooperative agreements, or through the
national center or centers.
‘‘(f) DEFINITION.—As used in this section, the term
‘institution of higher education’ has the meaning given the
term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for fiscal year 1998 and such sums as may be
necessary for each of the 4 succeeding fiscal years to carry
out this part.’’.
SEC. 302. TECH-PREP EDUCATION.
Part B of title III is amended to read as follows:
‘‘PART C—TECH-PREP EDUCATION
‘‘SEC. 321. TECH-PREP EDUCATION.
‘‘(a) PROGRAM AUTHORIZED.—The State board, in
accordance with the provisions of this part, shall award
grants to consortia on a competitive basis or on the basis
of a formula determined by the State board, for tech-prep
education programs.
‘‘(b) GENERAL AUTHORITY.—Each grant recipient
shall use amounts provided under the grant to develop and
operate a 4- or 6-year tech-prep education program.
‘‘(c) CONTENTS OF PROGRAM.—Any such program
shall—
‘‘(1) be carried out under an articulation agree-
ment between the participants in the consortium;
‘‘(2) consist of the 2 or 4 years of secondary
school preceding graduation and 2 years of higher
education, or an apprenticeship program of at least
2 years following secondary instruction, with a com-
mon core of required proficiency in mathematics,
science, communications, and technologies designed
to lead to an associate degree or postsecondary cer-
tificate in a specific career field;
‘‘(3) include the development of tech-prep edu-
cation program components appropriate to the needs
of the consortium participants;
‘‘(4) include in-service training for teachers
that—
‘‘(A) is designed to train vocational-tech-
nical teachers to effectively implement tech-prep
education programs;
‘‘(B) provides for joint training for teach-
ers in the tech-prep consortium; and
‘‘(C) may provide such training in week-
end, evening, and summer sessions, institutes,
or workshops;
‘‘(5) include training programs for counselors
designed to enable counselors to more effectively—
‘‘(A) provide information to students re-
garding tech-prep education programs;
‘‘(B) support student progress in complet-
ing such programs; and
‘‘(C) provide information on related em-
ployment opportunities;
‘‘(6) provide equal access to the full range of
technical preparation programs to individuals who
are members of special populations, including the
development of tech-prep education program services
appropriate to the needs of such individuals; and
‘‘(7) provide for preparatory services that assist
participants in such programs.
‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each
such program may—
‘‘(1) provide for the acquisition of tech-prep
education program equipment; and
‘‘(2) acquire technical assistance from State or
local entities that have successfully designed, estab-
lished and operated tech-prep programs.
‘‘SEC. 322. APPLICATIONS.
‘‘(a) IN GENERAL.—Each consortium that desires to
receive a grant under this part shall submit an application
to the State board, as appropriate, at such time and in
such manner as the State board shall prescribe.
‘‘(b) PLAN.—Each application submitted under this
section shall contain a 5-year plan for the development
and implementation of programs under this part.
‘‘(c) APPROVAL.—The State board shall approve ap-
plications based on their potential to create an effective
tech-prep education program as provided for in this sec-
tion.
‘‘(d) SPECIAL CONSIDERATION.—The State board, as
appropriate, shall give special consideration to applications
which—
‘‘(1) provide for effective employment placement
activities or transfer of students to 4-year bacca-
laureate degree programs;
‘‘(2) are developed in consultation with busi-
ness, industry, institutions of higher education, and
representatives of employees;
‘‘(3) address effectively the issues of dropout
prevention and reentry and the needs of special pop-
ulations.
‘‘SEC. 323. REPORT.
‘‘Each State that receives a grant under this part
shall annually prepare and submit to the Secretary a re-
port on the effectiveness of their Tech-Prep programs, in-
cluding how competitive grants were awarded within the
State.
‘‘SEC. 324. ALLOTMENT.
‘‘The Secretary shall allot funds under this part in
each fiscal year in the same manner as funds are allotted
under section 101(a)(2).
‘‘SEC. 325. AUTHORIZATION.
‘‘(a) IN GENERAL.—From amounts made available
under section 3(a), 10 percent shall be used to carry out
this part for fiscal year 1998 and for each of the 4 suc-
ceeding fiscal years.
‘‘(b) MINIMUM AMOUNT.—No State shall receive a
grant of less than $250,000 under this part in any fiscal
year.’’.
SEC. 303. VOCATIONAL-TECHNICAL EDUCATION AND OCCU-
PATIONAL INFORMATION DATA SYSTEMS.
Part C of title IV is amended—
(1) by striking the part heading and inserting
the following:
‘‘PART B—VOCATIONAL-TECHNICAL EDUCATION
INFORMATION’’;
(2) by redesignating sections 421 through 424
as sections 311 through 314, respectively.
(3) by amending subsection (e) of section 312,
as redesignated under paragraph (2), to read as fol-
lows:
‘‘(e) There are authorized to be appropriated for each
of fiscal years 1998 through 2002 such sums as may be
necessary to carry out this part.’’;
(4) in section 313(a)(1), as redesignated in
paragraph (2), by striking ‘‘421’’ and inserting
‘‘311’’; and
(5) by adding at the end of such part the fol-
lowing new section:
‘‘SEC. 315. AUTHORIZATION OF APPROPRIATIONS
‘‘There are authorized to be appropriated for this
part such sums as may be necessary for fiscal year 1998
and such sums as may be necessary for each of the 4 suc-
ceeding fiscal years.’’.
SEC. 304. REPEALS.
(a) TITLE III.—Parts C, D, E, F, G, and H of title
III of the Act, as the Act was in effect on the day before
the date of the enactment of this Act, are repealed.
(b) TITLE IV.—The heading for title IV and parts
A, B, E, and F of such title of the Act are repealed.
TITLE IV—GENERAL
PROVISIONS
SEC. 401. GENERAL PROVISIONS.
Title V of the Act is amended to read as follows:
‘‘TITLE IV—GENERAL
PROVISIONS
‘‘PART A—FEDERAL ADMINISTRATIVE
PROVISIONS
‘‘SEC. 401. PAYMENTS.
‘‘The Secretary shall pay from its allotment under
section 101 to each State for any fiscal year for which
the State has a State application submitted in accordance
with section 113 (including any amendment to such appli-
cation) the Federal share of the costs of carrying out the
State application.
‘‘SEC. 402. FISCAL REQUIREMENTS.
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds received
under this Act shall be used to supplement, not supplant,
the amount of funds that would, in the absence of such
Federal funds, be made available from non-Federal
sources for vocational-technical education programs.
‘‘(b) MAINTENANCE OF EFFORT.—
‘‘(1) DETERMINATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), no payments shall
be made under this title for any fiscal year to
a State for vocational-technical education pro-
grams unless the Secretary of Education deter-
mines that the fiscal effort per student or the
aggregate expenditures of such State for voca-
tional-technical programs for the fiscal year
preceding the fiscal year for which the deter-
mination is made, equaled or exceeded such ef-
fort or expenditures for vocational-technical
education programs, for the second fiscal year
preceding the fiscal year for which the deter-
mination is made.
‘‘(B) COMPUTATION.—In computing the
fiscal effort or aggregate expenditures pursuant
to subparagraph (A), the Secretary of Edu-
cation shall exclude capital expenditures, special
one-time project costs, and the cost of pilot pro-
grams.
‘‘(C) DECREASE IN FEDERAL SUPPORT.—
If the amount made available for vocational-
technical education programs under this Act for
a fiscal year is less than the amount made
available for vocational-technical education pro-
grams under this Act for the preceding fiscal
year, then the fiscal effort per student or the
aggregate expenditures of a State required by
subparagraph (B) for such preceding fiscal year
shall be decreased by the same percentage as
the percentage decrease in the amount so made
available.
‘‘(2) WAIVER.—The Secretary may waive the
requirements of paragraph (1) (with respect to not
more than 5 percent of expenditures required for the
preceding fiscal year by any State) for 1 program
year only, after making a determination that such
waiver would be equitable due to exceptional or un-
controllable circumstances affecting the ability of the
State to meet such requirements, such as a natural
disaster or an unforeseen and precipitous decline in
financial resources. No level of funding permitted
under such a waiver may be used as the basis for
computing the fiscal effort or aggregate expenditures
required under this paragraph for years subsequent
to the year covered by such waiver. The fiscal effort
or aggregate expenditures for the subsequent years
shall be computed on the basis of the level of fund-
ing that would, but for such waiver, have been re-
quired.
‘‘SEC. 403. AUTHORITY TO MAKE PAYMENTS.
‘‘Any authority to make payments or to enter into
contracts under this Act shall be available only to such
extent or in such amounts as are provided in advance ap-
propriation Acts.
‘‘SEC. 404. NATIONAL AND STATE FUNDING.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under the Act.
‘‘SEC. 405. FREEDOM TO CHOOSE.
‘‘None of the funds made available under this Act
shall be used to—
‘‘(1) require any individual to choose or pursue
a specific career path or major or to participate in
any vocational-technical education program;
‘‘(2) compel any individual to enter into a spe-
cific course of study which requires as a condition of
completion, attainment of federally-funded or en-
dorsed industry recognized skills or standards;
‘‘(3) require any individuals to meet or obtain
federally-funded or federally endorsed industry rec-
ognized skills, certificates, or standards, unless the
participant has selected and is participating in a
program or course of study that requires, as a condi-
tion of completion, attainment of an industry-recog-
nized skill or standard; or
‘‘(4) to require any individual to obtain a feder-
ally-funded or endorsed certificate of mastery.
‘‘SEC. 406. LIMITATION FOR CERTAIN STUDENTS.
‘‘None of the funds received under this Act may be
used to provide vocational-technical education programs to
students prior to the seventh grade, except that equipment
and facilities purchased with funds under this Act may
be used by such students.
‘‘SEC. 407. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
‘‘Nothing in this Act shall be construed to be incon-
sistent with applicable Federal laws guaranteeing civil
rights.
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS
‘‘SEC. 411. JOINT FUNDING.
‘‘(a) GENERAL AUTHORITY.—Funds made available
to States under this Act may be used to provide additional
funds under an applicable program if—
‘‘(1) such program otherwise meets the require-
ments of this Act and the requirements of the appli-
cable program;
‘‘(2) such program serves the same individuals
that are served under this Act;
‘‘(3) such program provides services in a coordi-
nated manner with services provided under this Act;
and
‘‘(4) such funds would be used to supplement,
and not supplant, funds provided from non-Federal
sources.
‘‘(b) APPLICABLE PROGRAM.—For the purposes of
this section, the term ‘applicable program’ means any pro-
gram under any of the following provisions of law:
‘‘(1) Section 123, title II, and title III of the
Job Training Partnership Act.
‘‘(2) The Wagner-Peyser Act.
‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For the
purposes of this section, the term ‘additional funds’ does
not include the use of funds as matching funds.
‘‘SEC. 412. PROHIBITION ON USE OF FUNDS TO INDUCE
OUT-OF-STATE RELOCATION OF BUSINESSES.
‘‘No funds provided under this Act shall be used for
the purpose of directly providing incentives or induce-
ments to an employer to relocate a business enterprise
from one State to another State if such relocation would
result in a reduction in the number of jobs available in
the State where the business enterprise is located before
such incentives or inducements are offered.
‘‘SEC. 413. STATE ADMINISTRATIVE COSTS.
‘‘(a) GENERAL RULE.—Except as provided in sub-
section (b), for each fiscal year for which a State receives
assistance under this Act, the State shall provide from
non-Federal sources for costs the State incurs for adminis-
tration of programs under this Act an amount that is not
less than the amount provided by the State from non-Fed-
eral sources for such costs for the preceding fiscal year.
‘‘(b) EXCEPTION.—If the amount made available for
administration of programs under this Act for a fiscal year
is less than the amount made available for administration
of programs under this Act for the preceding fiscal year,
the amount the State is required to provide from non-Fed-
eral sources for costs the State incurs for administration
of programs under this Act shall be the same percentage
as the amount made available for administration of pro-
grams under this Act.
‘‘SEC. 414. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary may issue regulations under this Act
only to the extent necessary to administer and ensure com-
pliance with the specific requirements of this Act.
‘‘SEC. 415. STUDENT ASSISTANCE AND OTHER FEDERAL
PROGRAMS.
‘‘(a) ATTENDANCE COSTS NOT TREATED AS INCOME
OR RESOURCES.—The portion of any student financial as-
sistance received under this Act that is made available for
attendance costs described in subsection (b) shall not be
considered as income or resources in determining eligi-
bility for assistance under any other program funded in
whole or in part with Federal funds.
‘‘(b) ATTENDANCE COSTS.—The attendance costs de-
scribed in this subsection are—
‘‘(1) tuition and fees normally assessed a stu-
dent carrying the same academic workload as deter-
mined by the institution, and including costs for
rental or purchase of any equipment, materials, or
supplies required of all students in the same course
of study; and
‘‘(2) an allowance for books, supplies, transpor-
tation, dependent care, and miscellaneous personal
expenses for a student attending the institution on
at least a half-time basis, as determined by the insti-
tution.
‘‘(c) COSTS OF VOCATIONAL-TECHNICAL EDUCATION
SERVICES.—Funds made available under title II may be
used to pay for the costs of vocational-technical education
services required in an individualized education plan devel-
oped pursuant to section 614(d) of the Individuals with
Disabilities Education Act and services necessary to meet
the requirements of section 504 of the Rehabilitation Act
of 1973 with respect to ensuring equal access to voca-
tional-technical education.
‘‘PART C—DEFINITIONS
‘‘SEC. 421. DEFINITIONS.
‘‘Except as otherwise specified in this Act, as used
in this Act:
‘‘(1) ADMINISTRATION.—The term ‘administra-
tion’ means programs of a State necessary for the
proper and efficient performance of its duties under
this Act, including supervision, but does not include
curriculum development programs, personnel devel-
opment, or research programs.
‘‘(2) ALL
ASPECTS
OF
THE
INDUSTRY.—The
term ‘all aspects of the industry’ means strong expe-
rience in, and comprehensive understanding of, the
industry that individuals are preparing to enter.
‘‘(3) AREA VOCATIONAL-TECHNICAL EDUCATION
SCHOOL.—The term ‘area vocational-technical edu-
cation school’ means—
‘‘(A) a specialized secondary school used
exclusively or principally for the provision of vo-
cational-technical education to individuals who
are available for study in preparation for enter-
ing the labor market;
‘‘(B) the department of a secondary school
exclusively or principally used for providing vo-
cational-technical education in not fewer than
five different occupational fields to individuals
who are available for study in preparation for
entering the labor market;
‘‘(C) a technical institute or vocational-
technical education school used exclusively or
principally for the provision of vocational-tech-
nical education to individuals who have com-
pleted or left secondary school and who are
available for study in preparation for entering
the labor market, if the institute or school ad-
mits as regular students both individuals who
have completed secondary school and individ-
uals who have left secondary school; or
‘‘(D) the department or division of a junior
college, or community college, that operates
under the policies of the State board and that
provides vocational-technical education in not
fewer than five different occupational fields
leading to immediate employment but not nec-
essarily leading to a baccalaureate degree, if the
department or division admits as regular stu-
dents both individuals who have completed sec-
ondary school and individuals who have left sec-
ondary school.
‘‘(4) CAREER GUIDANCE AND ACADEMIC COUN-
SELING.—The term ‘career guidance and academic
counseling’ means providing individuals with infor-
mation access on career awareness and planning for
their occupational and academic future which shall
involve career options, financial aid, and postsecond-
ary options.
‘‘(5) COOPERATIVE EDUCATION.—The term ‘co-
operative education’ means a method of instruction
of education for individuals who, through written co-
operative arrangements between a school and em-
ployers, receive instruction, including required aca-
demic courses and related vocational-technical edu-
cation instruction, by alternation of study in school