I
105TH CONGRESS
1ST SESSION
H. R. 1853
To amend the Carl D. Perkins Vocational and Applied Technology Education
Act.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1997
Mr. RIGGS introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To amend the Carl D. Perkins Vocational and Applied
Technology Education Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Carl D. Perkins Voca-
tional-Technical Education Act Amendments of 1997’’.
SEC. 2. TABLE OF CONTENTS; REFERENCES.
(a) TABLE OF CONTENTS.—The table of contents of
the Act is amended by striking the matter related to sec-
tion 3 and all that follows through section 521.
(b) REFERENCE TO ACT.—Except as otherwise ex-
pressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a title, chapter, part, subpart, section, subsection, or
other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection,
or other provision of the Carl D. Perkins Vocational and
Applied Technology Education Act. (20 U.S.C. 2301 et
seq.).
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Act is amended—
(1) 
in 
subsection 
(a) 
by 
striking
‘‘$1,600,000,000’’ and all that follows and inserting
‘‘$1,300,000,000, for fiscal year 1998 and such
sums as may be necessary for each of the 4 succeed-
ing fiscal years to carry out the provisions of titles
I and II.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) TITLE I.—Of the amounts made available under
subsection (a)—
‘‘(1) 1.5 percent shall be reserved to carry out
section 103, relating to Indian and Hawaiian natives
programs; and
‘‘(2) 0.2 percent shall be reserved to carry out
section 101A, relating to the territories.’’; and
(3) by striking subsections (c) through (f).
TITLE 
I—VOCATIONAL-TECH-
NICAL 
EDUCATION 
ASSIST-
ANCE TO THE STATES
SEC. 101. ALLOTMENT.
Section 101 of the Act is amended—
(1) by striking the matter preceding paragraph
(1) and inserting in lieu thereof the following:
‘‘SEC. 101. ALLOTMENT.
‘‘(a) SPECIFIC POPULATIONS.—’’;
(2) in subsection (a)—
(A) by striking paragraph (1) and insert-
ing in lieu thereof the following:
‘‘(1) IN GENERAL.—In each fiscal year, from
amounts made available under section 3(a), the Sec-
retary shall reserve—
‘‘(A) 1.5 percent to carry out section 103,
of which—
‘‘(i) 1.25 percent shall be available to
carry out section 103(a); and
‘‘(ii) 0.25 percent shall be available to
carry out section 103(b);
‘‘(B) 0.2 percent for the purpose of carry-
ing out section 101A.’’; and
(B) by amending paragraph (2) to read as
follows:
‘‘(2) REMAINDER
OF
FUNDS.—From the re-
mainder of the sums appropriated pursuant to sec-
tion 3, the Secretary shall allot to each State for
each fiscal year—
(A) an amount which bears the same ratio
to 50 percent of the sums being allotted as the
product of the population aged 15 to 19 inclu-
sive, in the State in the fiscal year preceding
the fiscal year for which the determination is
made and the State’s allotment ratio bears to
the sum of the corresponding products for all
the States;
(B) an amount which bears the same ratio
to 50 percent of the sums being allotted as the
product of the population aged 20 to 24, inclu-
sive, in the State in the fiscal year preceding
the fiscal year for which the determination is
made and the State’s allotment ratio bears to
the sum of the corresponding products for all
the States.
(C) in paragraph (3)—
(i) by striking subparagraphs (A) and
(C);
(ii) by redesignating subparagraphs
(B) and (D) as (A) and (B), respectively;
(iii) in subparagraph (A), as redesig-
nated—
(I) by striking clause (i), and in-
serting the following:
‘‘(i) Notwithstanding any other provi-
sion of law and subject to subparagraph
(B) and clause (ii), no State shall receive
less than one-half of one percent of the
amount available for each such program
for each fiscal year under this subsection’’;
(II) in clause (ii), by striking ‘‘or
parts A, B, C, D, or E of title III’’.
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) ALLOTMENT RATIO.—
‘‘(1) IN GENERAL.—The allotment ratio for any
State shall be 1.00 less the product of—
‘‘(A) 0.50; and
‘‘(B) the quotient obtained by dividing the
per capita income for the State by the per cap-
(1) by striking the matter preceding the text of
subsection (a); and
(2) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d) RESTRICTION.—Notwithstanding any other pro-
vision of law, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau
shall not receive any funds under this part for any fiscal
year that begins after September 30, 2001.’’.
SEC. 102. WITHIN STATE ALLOTMENTS.
Section 102 is amended—
(1) in subsection (a)—
(A) by striking paragraph (1), and insert-
ing ‘‘an amount equal to not less than 90 per-
cent of the allotment shall be available for basic
programs under part B of title II;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
(D) in paragraph (2), as redesignated, by
striking ‘‘8.5’’ and inserting ‘‘8’’;
(E) in paragraph (3), as redesignated—
(i) by striking ‘‘5’’ and inserting ‘‘2’’;
(ii) by striking ‘‘of which—’’ and all
that follows through clause (v) and insert-
ing the following:
‘‘which may be used for the costs of—
‘‘(A) developing the State plan;
‘‘(B) reviewing local applications;
‘‘(C) monitoring and evaluating program
effectiveness; and
‘‘(D) assuring compliance with all applica-
ble Federal laws.’’; and
(F) by striking paragraph (5);
(2) in subsection (b) by striking ‘‘(a)(4)’’ and
inserting ‘‘(a)(3)’’; and
(3) by striking subsection (c) and inserting the
following:
‘‘(c) RURAL RESERVE.—A State may reserve up to
10 percent of the allotment made under section 102(a)(1)
to use for grants to rural areas.’’.
SEC. 103. INDIAN AND HAWAIIAN NATIVES PROGRAMS.
Section 103 of the Act is amended to read as follows:
‘‘SEC. 103. NATIVE AMERICAN PROGRAM.
‘‘(a) INDIAN POLICY.—All programs assisted under
this section shall be administered in a manner consistent
with the principles of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) and the
government-to-government relationship between the Fed-
eral Government and Indian tribal governments.
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ means a Native as such term is defined in sec-
tion 3(b) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(b)).
‘‘(2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGA-
NIZATION.—The terms ‘Indian’, ‘Indian tribe’, and
‘tribal organization’ have the meanings given such
terms in subsections (d), (e), and (l), respectively, of
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b).
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given such term in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)).
‘‘(4) NATIVE HAWAIIAN AND NATIVE HAWAIIAN
ORGANIZATION.—The terms ‘Native Hawaiian’ and
‘Native Hawaiian organization’ have the meanings
given such terms in paragraphs (1) and (3), respec-
tively, of section 9212 of the Native Hawaiian Edu-
cation Act (20 U.S.C. 7912).
‘‘(5) TRIBALLY CONTROLLED COMMUNITY COL-
LEGE.—The term ‘tribally controlled community col-
lege’ has the meaning given such term in section
2(a)(4) of the Tribally Controlled Community Col-
lege Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
‘‘(6) TRIBALLY CONTROLLED POSTSECONDARY
VOCATIONAL INSTITUTION.—The term ‘tribally con-
trolled postsecondary vocational institution’ means
an institution of higher education that—
‘‘(A) is formally controlled, or has been
formally sanctioned or chartered, by the govern-
ing body of an Indian tribe or Indian tribes;
‘‘(B) offers a technical degree or certificate
granting program;
‘‘(C) is governed by a board of directors or
trustees, a majority of whom are Indians;
‘‘(D) demonstrates adherence to stated
goals, a philosophy, or a plan of operation, that
fosters individual Indian economic and self-suf-
ficiency opportunity, including programs that
are appropriate to stated tribal goals of devel-
oping individual entrepreneurships and self-sus-
taining economic infrastructures on reserva-
tions;
‘‘(E) has been in operation for at least 3
years;
‘‘(F) holds accreditation with or is a can-
didate for accreditation by a nationally recog-
nized accrediting authority for postsecondary
vocational-technical education; and
‘‘(G) enrolls the full-time equivalent of not
fewer than 100 students, of whom a majority
are Indians.
‘‘(c) PROGRAM AUTHORIZED.—
‘‘(1) IN
GENERAL.—From amounts reserved
under section 101(a)(1)(A)(ii), the Secretary shall
make grants to Indian tribes, tribal organizations,
Alaska Native entities, tribally controlled community
colleges, tribally controlled postsecondary vocational
institutions, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations to carry
out the authorized programs described in subsection
(d).
‘‘(2) SPECIAL AUTHORITY RELATING TO SEC-
ONDARY
SCHOOLS
OPERATED
OR
SUPPORTED
BY
THE BUREAU OF INDIAN AFFAIRS.—An Indian tribe,
a tribal organization, or an Alaska Native entity,
that receives funds through a grant made or con-
tract entered into under paragraph (1) may use the
funds to provide assistance to a secondary school op-
erated or supported by the Bureau of Indian Affairs
to enable such school to carry out vocational-tech-
nical education programs.
‘‘(d) AUTHORIZED PROGRAMS.—Funds made avail-
able under this section shall be used to carry out the pro-
grams described in sections 201 and 225.
‘‘(e) GRANT APPLICATION.—In order to receive a
grant under this section an entity described in subsection
(c) shall submit an application to the Secretary in accord-
ance with section 112 and shall include an assurance that
such entity shall comply with the requirements of this Act.
‘‘(f) CONSOLIDATION OF FUNDS.—Each entity re-
ceiving assistance under this section may consolidate such
assistance with assistance received from related programs
in accordance with the provisions of the Indian Employ-
ment, Training and Related Services Demonstration Act
of 1992 (25 U.S.C 3401 et seq.).
‘‘(g) NONDUPLICATIVE AND NONEXCLUSIVE SERV-
ICES.—Nothing in this section shall be construed—
‘‘(1) to limit the eligibility of any entity de-
scribed in subsection (c) to participate in any activ-
ity offered by a State or local entity under this title;
or
‘‘(2) to preclude or discourage any agreement,
between any entity described in subsection (c) and
any State or local entity, to facilitate the provision
of services by such entity or to the population served
by such entity.
‘‘(h) HAWAIIAN PROGRAMS.—From the funds re-
served pursuant to section 101(a)(1)(A)(ii), the Secretary
is directed, to enter into contracts with organizations pri-
marily serving and representing Hawaiian natives which
are recognized by the Governor of the State of Hawaii to
plan, conduct, and administer programs, or portions there-
of, which are authorized by and consistent with the provi-
sions of this section for the benefit of Hawaiian natives.’’.
SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCA-
TIONAL INSTITUTIONS.
Part A of the Act is amended by adding at the end
the following:
‘‘SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCA-
TIONAL TECHNICAL EDUCATION PROGRAMS
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall,
subject to the availability of appropriations, make grants
pursuant to this section to tribally controlled postsecond-
ary vocational institutions to provide basic support for the
education and training of Indian students.
‘‘(b) USE
OF GRANTS.—Amounts made available
under grants made pursuant to this section shall be used
in accordance with the provisions of part B of title II of
this Act.
‘‘(c) ELIGIBLE GRANT RECIPIENTS.—To be eligible
for assistance under this section a tribally controlled post-
secondary vocational institution shall—
‘‘(1) be governed by a board of directors or
trustees, a majority of whom are Indians;
‘‘(2) have been in operation for at least 3 years;
‘‘(3) hold accreditation with or be a candidate
for accreditation by a nationally recognized accredit-
ing authority for postsecondary vocational-technical
education; and
‘‘(4) enroll the full-time equivalency of not less
than 100 students, of whom a majority are Indians.
‘‘(d) APPLICATIONS.—Any tribally controlled post-
secondary vocational institution that desires to receive a
grant under this section shall submit an application to the
Secretary in such manner and form as the Secretary may
require.
‘‘(e) OTHER PROGRAMS.—
‘‘(1) IN GENERAL.—Except as specifically pro-
vided in this Act, eligibility for assistance under this
section shall not preclude any tribally controlled
postsecondary vocational institution from receiving
Federal financial assistance under any program au-
thorized under the Higher Education Act of 1965 or
any other applicable program for the benefit of insti-
tutions of higher education or vocational-technical
education.
‘‘(2) PROHIBITION ON ALLOCATION OF GRANT
AMOUNT.—The amount of any grant for which trib-
ally controlled postsecondary vocational institutions
are eligible under this subpart shall not be altered
because of funds allocated to any such institution
from funds appropriated under the Act of November
2, 1921.
‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No
tribally controlled postsecondary vocational institu-
tion for which an Indian tribe has designated a por-
tion of the funds appropriated for the tribe from
funds appropriated under the Act of November 2,
1921, may be denied a contract for such portion
under the Indian Self-Determination and Education
Assistance Act (except as provided in that Act), or
denied appropriate contract support to administer
such portion of the appropriated funds.
‘‘(f) DEFINITIONS.—For the purposes of this section:
‘‘(1) The terms ‘‘Indian’’ and ‘‘Indian tribe’’
have the meaning given such terms in section 2 of
the Tribally Controlled Community College Assist-
ance Act of 1978.
‘‘(2) The term ‘‘tribally controlled postsecond-
ary vocational institution’’ means an institution of
higher education which is formally controlled, or has
been formally sanctioned or chartered by the govern-
ing body of an Indian tribe or tribes which offers
technical degrees or certificate granting programs.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated not more than
$4,000,000 to carry out the provisions of this section.’’.
Part B—State Organization and
Planning Responsibilities
SEC. 111. STATE ADMINISTRATION.
Section 111 of this Act is amended—
(1) in subsection (a)(1)(A) by striking ‘‘pursu-
ant to section 113(b)(8), section 116, and section
117’’;
(2) in subsection (a)(1)(B) by striking ‘‘State
council of vocational education’’ and inserting ‘‘Gov-
ernor’’, striking ‘‘113’’ and inserting ‘‘112’’, and by
striking ‘‘114’’ and inserting ‘‘113’’;
(3) by striking ‘‘consultation with’’ and all that
follows through the semicolon at the end of sub-
section (a)(1)(C) and inserting ‘‘consultation with
other appropriate agencies’’; and
(4) by striking subsections (b), (c), (d), (e), (f),
and (g) and inserting the following:
‘‘(b) LIST
OF PROGRAMS ASSISTED.—The State
Board shall make available to each Private Industry Coun-
cil established under section 102 of the Job Training Part-
nership Act within the State a listing of all programs as-
sisted under this Act.’’.
SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION.
Section 112 of the Act is repealed.
SEC. 113. STATE APPLICATION.
Section 113 of the Act is amended—
(1) by redesignating such section as section
112;
(2) by striking ‘‘PLAN’’ in the section heading
and inserting ‘‘APPLICATION’’;
(3) by striking all after ‘‘Secretary’’ in sub-
section (a)(1)(A) and inserting ‘‘an application in
such manner and accompanied by such information
as the Secretary may require but which, at a mini-
mum, includes a State plan for a 5-year period.’’;
(4) in subsection (a)—
(A) by striking paragraph (2) and insert-
ing in lieu thereof the following:
‘‘(2) The State board shall conduct public hear-
ings in the State, after appropriate and sufficient
notice, for the purpose of affording all segments of
the public and interested organizations and groups
an opportunity to present their views and make rec-
ommendations regarding the State plan. A summary
of such recommendations and the State board’s re-
sponse shall be included with the State plan.’’.
(B) by striking paragraph (3); and
(5) by striking subsections (b) and (c) and in-
serting in lieu thereof the following:
‘‘(b) CONTENTS.—Each State application shall—
‘‘(1) describe the vocational-technical education
programs that will be carried out with funds re-
ceived by the State under this Act, including a de-
scription of—
‘‘(A) the programs to be carried out at the
State level pursuant to section 201, including
activities that will be carried out by the State
to develop, improve, and expand access to qual-
ity, state-of-the-art technology in vocational-
technical education programs;
‘‘(B) the criteria that will be used by the
State in approving applications of eligible re-
cipients of funds under this Act; and
‘‘(C) how such programs will prepare voca-
tional-technical education students for opportu-
nities in postsecondary education or entry into
high skill, high wage jobs;
‘‘(2) describe how the State will promote the ac-
tive involvement of parents, teachers, local busi-
nesses (including small- and medium-sized busi-
nesses) and representatives of employees in the plan-
ning, development, and implementation of such voca-
tional-technical education programs;
‘‘(3) describe how funds received by the State
through the allotment made under section 102 will
be allocated among secondary school vocational-tech-
nical education, or postsecondary and adult voca-
tional-technical education, or both;
‘‘(4) describe how the State will—
‘‘(A) improve the academic and technical
skills of students participating in vocational-
technical education programs which includes
strengthening the academic component of voca-
tional-technical education programs through the
integration of academics with vocational-tech-
nical education to ensure learning in the core
academic subjects; and
‘‘(B) ensure that students who participate
in such vocational-technical education programs
are taught to the same challenging academic
proficiencies as are provided for all other stu-
dents;
‘‘(5) describe how the State will annually evalu-
ate the effectiveness of such vocational-technical
education programs and describe how the State is
coordinating such programs to ensure nonduplication
with other existing Federal programs;
‘‘(6) identify the benchmarks that the State will
use to measure the progress of the State, including
a description of how such benchmarks will ensure
continuous improvement for vocational-technical stu-
dents in meeting such benchmarks;
‘‘(7) describe how the State will—
‘‘(A) provide vocational-technical education
programs for members of special populations,
displaced homemakers, single parents, and sin-
gle pregnant women; and
‘‘(B) ensure that members of special popu-
lations meet State benchmarks established
under section 114 and are prepared for post-
secondary education, further learning, and high-
skill, high-wage careers;
‘‘(8) provide a financial audit of funds received
under this Act; and
‘‘(9) provide assurances that none of the funds
expended under this Act will be used to acquire
equipment (including computer software) in any in-
stance in which such acquisition results in a direct
financial benefit to any organization representing
the interests of the purchasing entity or its employ-
ees or any affiliate of such an organization.
‘‘(c) AMENDMENTS.—The State Board may submit
amendments to the State plan, as necessary, during the
5-year period of the plan.’’.
SEC. 114. SUBMISSION OF STATE APPLICATION.
Section 114 of the Act is amended—
(1) by redesignating such section as section
113;
(2) By striking ‘‘APPROVAL’’ in the section
heading and inserting ‘‘SUBMISSION
OF before
‘‘State’’;
(3) by striking subsections (a) and (b); and
(4) by inserting the following:
‘‘(a) Each State application shall be submitted to the
Secretary by not later than May 1 preceding the beginning
of the first fiscal year for which a State plan is to be in
effect.
‘‘(b) PLAN SUBMISSION.—A State plan submitted to
the Secretary under this section shall be approved by the
Secretary unless the Secretary makes a written determina-
tion, within 90 days after receiving the plan, that the plan
is in violation of the provisions of this Act.’’.
SEC. 115. ACCOUNTABILITY.
The following new section shall be inserted after sec-
tion 113, as redesignated:
‘‘SEC. 114. ACCOUNTABILITY.
‘‘(a) BENCHMARKS.—To be eligible to receive an al-
lotment under section 102, a State shall develop and iden-
tify in the State application submitted under section 112
proposed quantifiable benchmarks to measure the state-
wide progress of the State, which shall include, at a mini-
mum, measures, of—
‘‘(1) attainment of challenging State academic
proficiencies;
‘‘(2) attainment of secondary school diplomas
or general equivalency diplomas; and
‘‘(3) placement in, retention, and completion of
postsecondary education or advanced training, or
placement and retention in military service, employ-
ment, or qualified apprenticeships.
‘‘(b) PROGRAM IMPROVEMENT AND SANCTIONS.—
‘‘(1) STATE IMPROVEMENT PLAN.—If a State
fails to meet its State benchmarks as described in
the report submitted under subsection (d), the State
shall develop a program improvement plan for the
succeeding program year in order to avoid a sanction
as provided under paragraph (2).
‘‘(2) SANCTIONS.—
‘‘(A) IN
GENERAL.—If a State fails to
meet the State benchmarks required under sub-
section (a), the Secretary may reduce, after no-
tice and opportunity for a hearing, or withhold
from the State all, or a portion of, the State’s
allotment under this Act, except due to excep-
tional or uncontrollable circumstances such as a
natural disaster or a precipitous and unforeseen
decline in the financial resources of the State.
‘‘(B) FUNDS RESULTING FROM REDUCED
ALLOTMENTS.—The amount of funds retained
as a result of a reduction in an allotment made
under paragraph (1) shall be redistributed to
other States in accordance with section 101.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—
‘‘(A) INFORMATION.—Each State that re-
ceives an allotment under section 102 shall an-
nually prepare and submit to the Secretary a
report on how the State is performing on State
benchmarks that relate to vocational-technical
education programs. In preparing the report,
the State may include information on such ad-
ditional vocational-technical education bench-
marks as the State may establish.
‘‘(B) SPECIAL POPULATIONS.—The report
submitted by the State in accordance with sub-
section (d)(1)(A) shall include a description of
how special populations participating in voca-
tional-technical education programs have met
the vocational-technical education benchmarks
established by the State.
‘‘(2) INFORMATION DISSEMINATION.—The Sec-
retary shall make the information contained in such
reports available to the general public through publi-
cation and other appropriate methods which may in-
clude electronic communication.’’.
SEC. 116. PROGRAM EVALUATION.
Sections 115, 116, 117, and 118 of the Act are re-
pealed.
TITLE II—BASIC STATE GRANTS
FOR 
VOCATIONAL-TECHNI-
CAL EDUCATION
SEC. 201. STATE PROGRAMS.
Section 201 of the Act is amended—
(1) in subsection (a), by striking ‘‘102(a)(3)’’
and inserting ‘‘102(a)(2)’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) REQUIRED USES OF FUNDS.—The programs
described in subsection (a) shall include—
‘‘(1) an assessment of the vocational-technical
education programs authorized under this Act which
includes how the needs of special populations are
being met;
‘‘(2) improving or expanding the use of tech-
nology in vocational-technical instruction, including
the training of vocational-technical personnel to use
state-of-the-art technology, which may include dis-
tance learning;
‘‘(3) professional development programs includ-
ing—
‘‘(A) inservice and preservice training in
state-of-the-art vocational-technical education
programs and techniques; and
‘‘(B) support of education programs for
teachers of vocational-technical education in
public schools to ensure such teachers stay cur-
rent with the needs, expectations, and methods
of industry;
‘‘(4) support for vocational-technical education
programs that improve the academic and technical
skills of students participating in vocational-tech-
nical education programs by strengthening the aca-
demic component of such vocational-technical edu-
cation programs through the integration of academ-
ics with vocational-technical education to ensure
learning in the core academic subjects;’’.
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) PERMISSIBLE USES OF FUNDS.—The programs
under subsection (a) may include—
‘‘(1) technical support for eligible recipients;
‘‘(2) support for tech-prep programs;
‘‘(3) support for programs for single parents,
displaced homemakers, single pregnant women, and
individuals in nontraditional occupations;
‘‘(4) support for cooperative education;
‘‘(5) support for vocational student organiza-
tions;
‘‘(6) support for charter schools operating voca-
tional-technical education programs;
‘‘(7) support for vocational-technical education
programs that offer experience in, and understand-
ing of, all aspects of the industry for which students
are preparing to enter; and
‘‘(8) support for family and consumer sciences
programs.’’; and
(4) by adding after subsection (c) the following
new subsection:
‘‘(d) RESTRICTION ON USES OF FUNDS.—A State
that receives funds under section 102(a)(2) may not use
any of such funds to pay administrative costs.’’.
SEC. 202. SECONDARY, POSTSECONDARY, AND ADULT VO-
CATION-TECHNICAL EDUCATION PROGRAMS.
Part B of title II of the Act is amended to read as
follows:
‘‘PART B—SECONDARY, POSTSECONDARY, AND
ADULT 
VOCATIONAL-TECHNICAL 
EDU-
CATION PROGRAMS
‘‘Subpart 1—Within-State Allocation
‘‘SEC. 221. DISTRIBUTION OF FUNDS TO SECONDARY
SCHOOL PROGRAMS.
‘‘(a) GENERAL RULE.—Except as otherwise provided
in this section and section 223, each State shall distribute
the funds available in fiscal year 1998 for secondary
school vocational-technical education to local educational
agencies within the State as follows:
‘‘(1) From 70 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 70 percent as
the amount such local educational agency was allo-
cated under section 1124 or such section’s prede-
cessor authority of the Elementary and Secondary
Education Act of 1965 in the preceding fiscal year
bears to the total amount received under such sec-
tion by local educational agencies in the State in
such year.
‘‘(2) From 20 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 20 percent as
the number of students with handicaps who have in-
dividualized education programs under section
614(a)(5) of the Individuals with Disabilities Edu-
cation Act served by such local educational agency
in the preceding fiscal year bears to the total num-
ber of such students served by local educational
agencies in the State in such year.
‘‘(3) From 10 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 10 percent as
the number of students enrolled in schools and
adults enrolled in training programs under the juris-
diction of such local educational agency in the pre-
ceding fiscal year bears to the number of students
enrolled in schools and adults enrolled in training
programs under the jurisdiction of all local edu-
cational agencies in the State in such year.
‘‘(b) 
ALLOCATION
FOR
SUBSEQUENT
FISCAL
YEARS.—
‘‘(1) GENERAL
RULE.—Subject to paragraph
(2), in fiscal year 1999, and the succeeding 3 fiscal
years, each State shall distribute the funds available
in any such fiscal year for secondary school voca-
tional-technical education programs to local edu-
cational agencies within the State as follows:
‘‘(A) 50 percent shall be allocated to such
agencies in proportion to the number of individ-
uals aged 15 to 19, inclusive, who reside in the
school district served by such agency for the
preceding fiscal year compared to the total
number of such individuals who reside in the
school districts served by all local educational
agencies in the State for such preceding year;
and
‘‘(B) 50 percent shall be allocated to such
agencies in proportion to the number of individ-
uals aged 15 through 19, inclusive, who reside
in the school district served by such agency
from families with incomes below the poverty
line (as defined by the Office of Management
and Budget and revised annually in accordance
with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) applica-
ble to a family of the size involved for the fiscal
year for which the determination is made com-
pared to the number of such individuals in all
the local educational agencies in the State.
‘‘(2) ELIGIBILITY REQUIREMENTS FOR CERTAIN
FUNDS.—To be eligible to receive 50 percent of the
funds allocated under paragraph (1), a local edu-
cational agency must demonstrate, to the satisfac-
tion of the State Board, that the dropout rate for
such agency is equal to or less than the average
dropout rate for the State or be able to show, to the
satisfaction of the State Board, continuous improve-
ment in decreasing such rate.
‘‘(3) REALLOCATION.—In any fiscal year in
which a local educational agency does not meet the
requirements of paragraph (2), the State shall re-
allocate such undistributed amounts to local edu-
cational agencies that meet the requirements of such
paragraph in accordance with paragraph (1).
‘‘(c) WAIVER FOR MORE EQUITABLE DISTRIBU-
TION.—The Secretary may waive the application of sub-
section (a) in the case of any State that submits to the
Secretary an application for such a waiver that—
‘‘(1) demonstrates that the formula described in
subsection (a) does not result in a distribution of
funds to local educational agencies within the State
that have the greatest economic need and that an al-
ternative formula would result in such a distribution;
and
‘‘(2) includes a proposal for such an alternative
formula.
‘‘(d) MINIMUM GRANT AMOUNT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), no local educational agency shall be eligi-
ble for a grant under this part unless the amount al-
located to such agency under subsection (a) is not
less than $7,500. A local educational agency may
enter into a consortium with other local educational
agencies for purposes of meeting the minimum allo-
cation requirement of this paragraph.
‘‘(2) WAIVER.—The State shall waive the appli-
cation of paragraph (1) in any case in which the
local educational agency—
‘‘(A)(i) is located in a rural, sparsely popu-
lated area, or
‘‘(ii) is a charter school; and
‘‘(B) demonstrates that the agency is un-
able to enter into a consortium for purposes of
providing services under this part.
‘‘(3) REDISTRIBUTION.—Any amounts which
are not allocated by reason of paragraph (1) or
paragraph (2) shall be redistributed to local edu-
cational agencies that meet the requirements of
paragraph (1) or (2) in accordance with the provi-
sions of this section.
‘‘(e) LIMITED JURISDICTION AGENCIES.—
‘‘(1) IN GENERAL.—In applying the provisions
of subsection (b), no State receiving assistance
under this Act shall allocate funds to a local edu-
cational agency that serves only elementary schools,
but shall distribute such funds to the local edu-
cational agency or regional educational agency that
provides secondary school services to secondary
school students in the same attendance area.
‘‘(2) SECONDARY SCHOOL JURISDICTION.—The
amount to be allocated under paragraph (1) to a
local educational agency that has jurisdiction only
over secondary schools shall be determined based on
the number of students that were enrolled in such
secondary schools in the previous year from the ele-
mentary schools involved.
‘‘(f) ALLOCATIONS
TO AREA VOCATIONAL-TECH-
NICAL EDUCATION SCHOOLS AND EDUCATIONAL SERVICE
AGENCIES.—
‘‘(1) IN GENERAL.—Each State shall distribute
funds available for secondary school vocational-tech-
nical education programs to the appropriate area vo-
cational-technical education school or educational
service agency in any case in which the area voca-
tional-technical education school or educational serv-
ice agency and the local educational agency con-
cerned—
‘‘(A) have formed or will form a consor-
tium for the purpose of receiving funds under
this section; or
‘‘(B) have entered into or will enter into a
cooperative arrangement for such purpose.
‘‘(2) ALLOCATION
BASIS.—If an area voca-
tional-technical education school or educational serv-
ice agency meets the requirements of paragraph (1),
then the amount that would otherwise be distributed
to the local educational agency shall be allocated to
the area vocational-technical education school, the
educational service agency, and the local educational
agency based on each school’s or entity’s relative
share of students who are attending vocational-tech-
nical education programs (based, if practicable, on
the average enrollment for the prior 3 years).
‘‘(3) APPEALS PROCEDURE.—The State Board
shall establish an appeals procedure for resolution of
any dispute arising between a local educational
agency and an area vocational-technical education
school or an educational service agency with respect
to the allocation procedures described in this section,
including the decision of a local educational agency
to leave a consortium or terminate a cooperative ar-
rangement.
‘‘(g) CONSORTIUM REQUIREMENTS.—
‘‘(1) Any local educational agency receiving an
allocation that is not sufficient to conduct a program
which meets the requirements of section 225 is en-
couraged to—
‘‘(A) form a consortium or enter into a co-
operative agreement with an area vocational-
technical education school or educational service
agency offering programs that meet the require-
ments of section 225; and
‘‘(B) transfer such allocation to the area
vocational-technical education school or edu-
cational service agency.
‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated
to a consortium formed to meet the requirements of
this paragraph shall be used only for purposes and
programs that are mutually beneficial to all mem-
bers of the consortium. Such funds may not be re-
allocated to individual members of the consortium.
‘‘(h) DATA.—The Secretary of Education shall collect
information from States regarding how funds made avail-
able by the State for vocational-technical education pro-
grams under subsection (a)(3) are distributed to local edu-
cational agencies in accordance with this section.
‘‘SEC. 222. DISTRIBUTION OF FUNDS FOR POSTSECONDARY
AND ADULT VOCATIONAL-TECHNICAL EDU-
CATION PROGRAMS.
‘‘(a) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and section 223, each State shall distrib-
ute funds available in any fiscal year for postsecond-
ary and adult vocational-technical education pro-
grams to eligible institutions or consortia of eligible
institutions within the State.
‘‘(2) FORMULA.—Each eligible institution or
consortium of eligible institutions shall receive an
amount that bears the same relationship to the
amount of funds available under such section as the
number of individuals who are Pell Grant recipients
or recipients of assistance from the Bureau of In-
dian Affairs and are enrolled in programs meeting
the requirements of section 225 offered by such in-
stitution or consortium in the preceding fiscal year
bears to the number of such recipients enrolled in
such programs within the State for such year.
‘‘(3) CONSORTIUM REQUIREMENTS.—
‘‘(A) IN GENERAL.—In order for a consor-
tium of eligible institutions described in para-
graph (2) to receive assistance pursuant to such
paragraph such consortium shall operate joint
projects that—
‘‘(i) provide services to all postsecond-
ary institutions participating in the consor-
tium; and
‘‘(ii) are of sufficient size, scope, and
quality as to be effective.
‘‘(B) FUNDS TO CONSORTIUM.—Funds al-
located to a consortium formed to meet the re-
quirements of this section shall be used only for
purposes and programs that are mutually bene-
ficial to all members of the consortium. Such
funds may not be reallocated to individual
members of the consortium for purposes or pro-
grams benefiting only one member of the con-
sortium.
‘‘(b) WAIVER
FOR MORE EQUITABLE DISTRIBU-
TION.—The Secretary of Education may waive the appli-
cation of subsection (a) in the case of any State that sub-
mits to the Secretary of Education an application for such
a waiver that—
‘‘(1) demonstrates that an alternative formula
will result in a greater distribution of funds to the
eligible institutions or consortia of eligible institu-
tions within the State that serve the areas of great-
est economic need than the formula described in
subsection (a)(2); and
‘‘(2) includes a proposal for such an alternative
formula.
‘‘(c) MINIMUM GRANT AMOUNT.—
‘‘(1) IN GENERAL.—No funds provided to any
institution or consortium under this section shall be
for an amount that is less than $20,000.
‘‘(2) REDISTRIBUTION.—Any amounts that are
not distributed by reason of paragraph (1) shall be
redistributed to eligible institutions or consortia of
eligible institutions in accordance with the provisions
of this section.
‘‘(d) ADMINISTRATIVE COSTS.—For the purposes of
this section—
‘‘(1) the term ‘eligible institution’ means an in-
stitution of higher education, a local educational
agency serving adults, or an area vocational edu-
cation school serving adults that offers or will offer
a program that meets the requirements of section
225 and seeks to receive assistance under this part;
‘‘(2) the term ‘institution of higher education’,
notwithstanding section 427(b)(2) of the Higher
Education Amendments of 1992, has the meaning
given that term in section 435(b) of the Higher
Education Act of 1965 as such section was in effect
on July 22, 1992; and
‘‘(3) the term ‘Pell Grant’ means a recipient of
financial aid under subpart 1 of part A of title IV
of the Higher Education Act of 1965.
‘‘SEC. 223. SPECIAL RULES FOR VOCATIONAL-TECHNICAL
EDUCATION.
‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCATION.—
‘‘(1) GENERAL
AUTHORITY.—Notwithstanding
the provisions of section 221 or 222 and in order to
make a more equitable distribution of funds for pro-
grams serving the areas of greatest economic need,
for any program year for which a minimal amount
is made available by a State for distribution under
section 221 or 222 such State may distribute such
minimal amount for such year—
‘‘(A) on a competitive basis; or
‘‘(B) through any alternative method de-
termined by the State.
‘‘(2) MINIMAL AMOUNT.—For purposes of this
section, the term ‘‘minimal amount’’ means not
more than 15 percent of the total amount made
available for distribution under this part.
‘‘(b) REDISTRIBUTION.—
‘‘(1) IN GENERAL.—In any academic year that
a local educational agency or eligible institution does
not expend all of the amounts it is allocated for such
year under section 221 or 222, such recipient shall
return any unexpended amounts to the State to be
reallocated under section 221 or 222, as appropriate.
‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED
LATE IN AN ACADEMIC YEAR.—In any academic year
in which amounts are returned to the State under
section 221 or 222 and the State is unable to reallo-
cate such amounts according to such sections in
time for such amounts to be expended in such aca-
demic year, the State shall retain such amounts for
distribution in combination with amounts provided
under this title for the following academic year.
‘‘(c)(1) CONSTRUCTION.—Nothing in section 221 or
222 shall be construed—
‘‘(A) to prohibit a local educational agency (or
a consortium thereof) that receives assistance under
section 221, from working with an eligible recipient
(or consortium thereof) that receives assistance
under section 222, to carry out secondary school vo-
cational-technical education programs in accordance
with this title;
‘‘(B) to prohibit an eligible recipient (or consor-
tium thereof) that receives assistance under section
222, from working with a local educational agency
(or consortium thereof) that receives assistance
under section 221, to carry out postsecondary and
adult vocational-technical education programs in ac-
cordance with this title; or
‘‘(C) to require a charter school that is a local
educational agency to jointly establish its eligibility
unless the charter school is explicitly permitted to do
so under the State’s charter school statute.
For purposes of this section, the State Board shall provide
funds to charter schools that are public schools of the local
educational agency in the same manner as it provides
those funds to other schools in the local educational agen-
cy. Such program within charter schools shall be of suffi-
cient size, scope, and quality as to be effective.
‘‘SEC. 224. LOCAL APPLICATION FOR VOCATIONAL-TECH-
NICAL EDUCATION PROGRAMS.
‘‘(a) APPLICATION REQUIRED.—Any eligible recipient
desiring financial assistance under this part shall, accord-
ing to requirements established by the State Board, sub-
mit an application to the State Board. Such application
shall cover the same period of time as the period of time
applicable to the State plan submitted under section 112.
‘‘(b) CONTENTS.—The State Board shall determine
requirements for local applications, except that each appli-
cation shall—
‘‘(1) describe how the vocational-technical edu-
cation programs required under section 225 will be
carried out with funds received under this subtitle;
‘‘(2) describe how the vocational-technical edu-
cation programs to be carried out relate to reaching
the State benchmarks, concerning vocational-tech-
nical education programs if such State benchmarks
exist;
‘‘(3) describe how the eligible recipient will—
‘‘(A) improve the academic and technical
skills of students participating in vocational-
technical education programs by strengthening
the academic component of such programs
through the integration of academics with voca-
tional-technical education programs through a
coherent sequence of courses to ensure learning
in the core academic subjects; and
‘‘(B) ensure that students who participate
in such vocational-technical education programs
are taught to the same challenging academic
proficiencies as are provided for all other stu-
dents; and
‘‘(4) describe how parents, teachers, business
and representatives of employees are involved in the
development and implementation of vocational-tech-
nical education programs assisted under this Act.
‘‘SEC. 225. LOCAL USES OF FUNDS.
‘‘(a) GENERAL AUTHORITY.—Each eligible recipient
that receives a grant under this part shall use such funds
to improve vocational-technical education programs.
‘‘(b) REQUIREMENTS FOR USES OF FUNDS.—Funds
made available under a grant under this part shall be used
to provide vocational-technical education programs that—
‘‘(c) PERMISSIBLE ACTIVITIES.—The programs and
activities described in subsection (b) may be used for pro-
grams such as—
‘‘(1) establish agreements between secondary
and postsecondary vocational-technical education
programs in order to provide postsecondary edu-
cation and training opportunities for students par-
ticipating in such vocational-technical programs,
such as tech-prep programs;
‘‘(2) involve parents, business, and representa-
tives of employees in the design and implementation
of vocational-technical education programs author-
ized under this Act.
‘‘(3) providing career guidance and counseling;
‘‘(4) cooperative education or apprenticeship
programs;
‘‘(5) programs for single parents, displaced
homemakers, and single pregnant women;
‘‘(6) local education and business partnerships;
and
‘‘(7) vocational student organizations.
‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipi-
ent receiving funds under this part shall not use more than
2 percent of the funds for administrative costs associated
with the administration of the grant.’’.
SEC. 203. REPEAL OF PART C.
Part C of title II is repealed.
TITLE III—RESEARCH AND
DEVELOPMENT
SEC. 301. EVALUATION; RESEARCH, DEMONSTRATIONS AND
DISSEMINATION.
Title III of the Act is amended to read as follows:
‘‘PART A—RESEARCH AND DEVELOPMENT
‘‘SEC. 301. EVALUATION; RESEARCH; DEMONSTRATIONS;
AND DISSEMINATION.
‘‘(a) SINGLE PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a single plan for evaluation and assessment, re-
search, demonstrations, and dissemination with re-
gard to the vocational-technical education programs
assisted under this Act.
‘‘(2) PLAN.—Such plan shall—
‘‘(A) identify the vocational-technical edu-
cation programs the Secretary will carry out
under this section;
‘‘(B) describe how the Secretary will evalu-
ate such vocational-technical education pro-
grams in accordance with subsection (b); and
‘‘(C) include such other information as the
Secretary determines to be appropriate.
‘‘(b) EVALUATION AND ASSESSMENT.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under paragraph (3), the Secretary shall pro-
vide for the conduct of an independent evaluation
and assessment of vocational-technical education
programs through studies and analyses conducted
independently through grants and contracts awarded
on a competitive basis.
‘‘(2) CONTENTS.—Such evaluation and assess-
ment of vocational-technical education programs
shall include descriptions of—
‘‘(A) the extent to which State, local, and
tribal entities have developed, implemented, or
improved State and local vocational-technical
education programs;
‘‘(B) the degree to which the expenditures
at the Federal, State, local, and tribal levels ad-
dress improvement in vocational-technical edu-
cation programs;
‘‘(C) the extent to which vocational-tech-
nical education programs succeed in preparing
individuals participating in such programs for
entry into postsecondary education, further
learning, or high-skill, high-wage careers; and
‘‘(D) the effect of benchmarks, perform-
ance measures, and other measures of account-
ability on the delivery of vocational-technical
education programs.
‘‘(3) AUTHORIZATION.—There are authorized to
be appropriated $5,000,000 for fiscal year 1998 and
such sums as may be necessary for each of the 4
succeeding fiscal years to carry out this subsection.
‘‘(c) RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants, on a competitive basis, to an institution of
higher education, a public or private organization or
agency, or a consortium of such institutions, organi-
zations, or agencies to establish a national research
center or centers—
‘‘(A) to carry out research for the purpose
of developing, improving, and identifying the
most successful methods for successfully ad-
dressing the education, employment, and train-
ing needs of participants in vocational-technical
education programs;
‘‘(B) to carry out research to increase the
effectiveness and improve the implementation of
vocational-technical education programs, includ-
ing conducting research and development and
studies providing longitudinal information or
formative evaluation with respect to vocational-
technical education programs;
‘‘(C) to carry out such other programs as
the Secretary determines to be appropriate to
achieve the purposes of this Act.
‘‘(2) SUMMARY.—The Secretary shall provide
an annual report summarizing the evaluations and
assessments described in subsection (b), and the re-
search conducted pursuant to this subsection, and
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.
‘‘(3) AUTHORIZATION.—There are authorized to
be appropriated $5,000,000 for fiscal year 1998 and
such sums as may be necessary for each of the 4
succeeding fiscal years to carry out this subsection.
‘‘(d) DEMONSTRATIONS AND DISSEMINATION.—
‘‘(1) AUTHORITY.—
‘‘(A) The Secretary is authorized to carry
out demonstration vocational-technical edu-
cation programs, to replicate model vocational-
technical education programs, to disseminate
best practices information, and to provide tech-
nical assistance upon request of a State, for the
purposes of developing, improving, and identify-
ing the most successful methods and techniques
for providing the vocational-technical education
programs assisted under this Act.
‘‘(B) PROGRAMS.—
‘‘(i) The Secretary shall carry out a
demonstration partnership project involv-
ing Napa Valley Community Resource
Center, local public educational organiza-
tions, volunteer groups, and private sector
business participants to provide program
support, facilities, training, retraining,
education, tutoring, counseling, employ-
ment preparation, distance learning, and
specific skills training in emerging and es-
tablished professions to individuals who
otherwise would not have access to such
services.
‘‘(ii) Such programs may be carried
out directly or through grants, contracts,
cooperative agreements, or through the na-
tional center or centers.
‘‘(4) AUTHORIZATION.—There are authorized to
be appropriated $5,000,000 for fiscal year 1998 and
such sums as may be necessary for each of the 4
succeeding fiscal years to carry out this subsection.
‘‘(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)).’’.
SEC. 302. REPEALS.
Parts B, D, E, and F of title IV of the Act are re-
pealed.
SEC. 303. VOCATIONAL-TECHNICAL EDUCATION AND OCCU-
PATIONAL INFORMATION DATA SYSTEMS.
Part C of title IV is amended by redesignating sec-
tions 421 through 424 as sections 311 through 314, re-
spectively.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Part C of title IV is amended by adding at the end
the following:
‘‘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.’’.
TITLE IV—GENERAL
PROVISIONS
SEC. 401. GENERAL PROVISIONS.
Title V of the Act is amended to read as follows:
‘‘TITLE V—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 plan.
‘‘SEC. 402. FISCAL REQUIREMENTS.
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this Act for vocational-technical education
programs shall supplement, not supplant, other public
funds expended to carry out programs described under
sections 201 and 225.
‘‘(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 program year
to a State for vocational-technical education
programs unless the Secretary of Education de-
termines that the fiscal effort per student or
the aggregate expenditures of such State for
programs described in sections 201 and 225 for
the program year preceding the program year
for which the determination is made, equaled or
exceeded such effort or expenditures for pro-
grams described in sections 201 and 225, for
the second program year preceding the fiscal
year for which the determination is made.
‘‘(B) COMPUTATION.—In computing the
fiscal effort or aggregate expenditures pursuant
to subparagraph (A), the Secretary of Edu-
cation shall exclude capital expenditures, special
one-time project costs, similar windfalls, and
the cost of pilot programs.
‘‘(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 of Education
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 determina-
tion that such waiver would be equitable due to ex-
ceptional or uncontrollable circumstances affecting
the ability of the State to meet such requirements,
such as a natural disaster or an unforeseen and pre-
cipitous 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 aggre-
gate 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 funding that would, but for such waiver,
have been required.
‘‘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;
‘‘(2) compel any individual to enter into a spe-
cific course of study which requires as a condition or
completion, attainment of federally-funded or en-
dorsed industry recognized skills or standards; or
‘‘(3) require any individuals to meet or obtain
federally-funded or endorsed industry recognized
skills, certificates, or standards.