H. R. 1853
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To amend the Carl D. Perkins Vocational and Applied Technology Education Act.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Carl D. Perkins
Vocational and Applied Technology Education Amendments of
1998’’.
(b) AMENDMENT.—The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is amended
to read as follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Carl D.
Perkins Vocational and Technical Education Act of 1998’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Purpose.
‘‘Sec. 3. Definitions.
‘‘Sec. 4. Transition provisions.
‘‘Sec. 5. Privacy.
‘‘Sec. 6. Limitation.
‘‘Sec. 7. Special rule.
‘‘Sec. 8. Authorization of appropriations.
‘‘TITLE I—VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE
STATES
‘‘PART A—ALLOTMENT AND ALLOCATION
‘‘Sec. 111. Reservations and State allotment.
‘‘Sec. 112. Within State allocation.
‘‘Sec. 113. Accountability.
‘‘Sec. 114. National activities.
‘‘Sec. 115. Assistance for the outlying areas.
‘‘Sec. 116. Native American program.
‘‘Sec. 117. Tribally controlled postsecondary vocational and technical institutions.
‘‘Sec. 118. Occupational and employment information.
‘‘PART B—STATE PROVISIONS
‘‘Sec. 121. State administration.
‘‘Sec. 122. State plan.
‘‘Sec. 123. Improvement plans.
‘‘Sec. 124. State leadership activities.
‘‘PART C—LOCAL PROVISIONS
‘‘Sec. 131. Distribution of funds to secondary school programs.
‘‘Sec. 132. Distribution of funds for postsecondary vocational and technical
education programs.
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‘‘Sec. 133. Special rules for vocational and technical education.
‘‘Sec. 134. Local plan for vocational and technical education programs.
‘‘Sec. 135. Local uses of funds.
‘‘TITLE II—TECH-PREP EDUCATION
‘‘Sec. 201. Short title.
‘‘Sec. 202. Definitions.
‘‘Sec. 203. State allotment and application.
‘‘Sec. 204. Tech-prep education.
‘‘Sec. 205. Consortium applications.
‘‘Sec. 206. Report.
‘‘Sec. 207. Demonstration program.
‘‘Sec. 208. Authorization of appropriations.
‘‘TITLE III—GENERAL PROVISIONS
‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS
‘‘Sec. 311. Fiscal requirements.
‘‘Sec. 312. Authority to make payments.
‘‘Sec. 313. Construction.
‘‘Sec. 314. Voluntary selection and participation.
‘‘Sec. 315. Limitation for certain students.
‘‘Sec. 316. Federal laws guaranteeing civil rights.
‘‘Sec. 317. Authorization of Secretary.
‘‘Sec. 318. Participation of private school personnel.
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS
‘‘Sec. 321. Joint funding.
‘‘Sec. 322. Prohibition on use of funds to induce out-of-State relocation of busi-
nesses.
‘‘Sec. 323. State administrative costs.
‘‘Sec. 324. Limitation on Federal regulations.
‘‘Sec. 325. Student assistance and other Federal programs.
‘‘SEC. 2. PURPOSE.
‘‘The purpose of this Act is to develop more fully the academic,
vocational, and technical skills of secondary students and post-
secondary students who elect to enroll in vocational and technical
education programs, by—
‘‘(1) building on the efforts of States and localities to develop
challenging academic standards;
‘‘(2) promoting the development of services and activities
that integrate academic, vocational, and technical instruction,
and that link secondary and postsecondary education for partici-
pating vocational and technical education students;
‘‘(3) increasing State and local flexibility in providing serv-
ices and activities designed to develop, implement, and improve
vocational and technical education, including tech-prep edu-
cation; and
‘‘(4) disseminating national research, and providing profes-
sional development and technical assistance, that will improve
vocational and technical education programs, services, and
activities.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act:
‘‘(1) ADMINISTRATION.—The term ‘administration’, when
used with respect to an eligible agency or eligible recipient,
means activities necessary for the proper and efficient perform-
ance of the eligible agency or eligible recipient’s duties under
this Act, including supervision, but does not include curriculum
development activities, personnel development, or research
activities.
‘‘(2) ALL ASPECTS OF AN INDUSTRY.—The term ‘all aspects
of an industry’ means strong experience in, and comprehensive
H. R. 1853—3
understanding of, the industry that the individual is preparing
to enter.
‘‘(3) 
AREA
VOCATIONAL
AND
TECHNICAL
EDUCATION
SCHOOL.—The term ‘area vocational and technical education
school’ means—
‘‘(A) a specialized public secondary school used exclu-
sively or principally for the provision of vocational and
technical education to individuals who are available for
study in preparation for entering the labor market;
‘‘(B) the department of a public secondary school exclu-
sively or principally used for providing vocational and tech-
nical education in not fewer than 5 different occupational
fields to individuals who are available for study in prepara-
tion for entering the labor market;
‘‘(C) a public or nonprofit technical institution or voca-
tional and technical education school used exclusively or
principally for the provision of vocational and technical
education to individuals who have completed or left second-
ary school and who are available for study in preparation
for entering the labor market, if the institution or school
admits as regular students both individuals who have com-
pleted secondary school and individuals who have left
secondary school; or
‘‘(D) the department or division of an institution of
higher education, that operates under the policies of the
eligible agency and that provides vocational and technical
education in not fewer than five different occupational
fields leading to immediate employment but not necessarily
leading to a baccalaureate degree, if the department or
division admits as regular students both individuals who
have completed secondary school and individuals who have
left secondary school.
‘‘(4) CAREER GUIDANCE AND ACADEMIC COUNSELING.—The
term ‘career guidance and academic counseling’ means provid-
ing access to information regarding career awareness and plan-
ning with respect to an individual’s occupational and academic
future that shall involve guidance and counseling with respect
to career options, financial aid, and postsecondary options.
‘‘(5) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given the term in section 10306 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8066).
‘‘(6) COOPERATIVE EDUCATION.—The term ‘cooperative edu-
cation’ means a method of instruction of education for individ-
uals who, through written cooperative arrangements between
a school and employers, receive instruction, including required
academic courses and related vocational and technical education
instruction, by alternation of study in school with a job in
any occupational field, which alternation shall be planned and
supervised by the school and employer so that each contributes
to the education and employability of the individual, and may
include an arrangement in which work periods and school
attendance may be on alternate half days, full days, weeks,
or other periods of time in fulfilling the cooperative program.
‘‘(7) DISPLACED HOMEMAKER.—The term ‘displaced home-
maker’ means an individual who—
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‘‘(A)(i) has worked primarily without remuneration to
care for a home and family, and for that reason has dimin-
ished marketable skills;
‘‘(ii) has been dependent on the income of another
family member but is no longer supported by that income;
or
‘‘(iii) is a parent whose youngest dependent child will
become ineligible to receive assistance under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)
not later than 2 years after the date on which the parent
applies for assistance under this title; and
‘‘(B) is unemployed or underemployed and is experienc-
ing difficulty in obtaining or upgrading employment.
‘‘(8) EDUCATIONAL SERVICE AGENCY.—The term ‘educational
service agency’ has the meaning given the term in section
14101 of the Elementary and Secondary Education Act of 1965.
‘‘(9) ELIGIBLE AGENCY.—The term ‘eligible agency’ means
a State board designated or created consistent with State law
as the sole State agency responsible for the administration
of vocational and technical education or for supervision of the
administration of vocational and technical education in the
State.
‘‘(10) ELIGIBLE INSTITUTION.—The term ‘eligible institution’
means—
‘‘(A) an institution of higher education;
‘‘(B) a local educational agency providing education
at the postsecondary level;
‘‘(C) an area vocational and technical education school
providing education at the postsecondary level;
‘‘(D) a postsecondary educational institution controlled
by the Bureau of Indian Affairs or operated by or on
behalf of any Indian tribe that is eligible to contract with
the Secretary of the Interior for the administration of pro-
grams under the Indian Self-Determination Act or the Act
of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.);
‘‘(E) an educational service agency; or
‘‘(F) a consortium of 2 or more of the entities described
in subparagraphs (A) through (E).
‘‘(11) ELIGIBLE
RECIPIENT.—The term ‘eligible recipient’
means—
‘‘(A) a local educational agency, an area vocational
and technical education school, an educational service
agency, or a consortium, eligible to receive assistance under
section 131; or
‘‘(B) an eligible institution or consortium of eligible
institutions eligible to receive assistance under section 132.
‘‘(12) GOVERNOR.—The term ‘Governor’ means the chief
executive officer of a State or an outlying area.
‘‘(13) INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY.—The
term ‘individual with limited English proficiency’ means a
secondary school student, an adult, or an out-of-school youth,
who has limited ability in speaking, reading, writing, or under-
standing the English language, and—
‘‘(A) whose native language is a language other than
English; or
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‘‘(B) who lives in a family or community environment
in which a language other than English is the dominant
language.
‘‘(14) INDIVIDUAL WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘individual with a disabil-
ity’ means an individual with any disability (as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)).
‘‘(B) 
INDIVIDUALS
WITH
DISABILITIES.—The 
term
‘individuals with disabilities’ means more than 1 individual
with a disability.
‘‘(15) INSTITUTION
OF
HIGHER
EDUCATION.—The term
‘institution of higher education’ has the meaning given the
term in section 101 of the Higher Education Act of 1965.
‘‘(16) LOCAL EDUCATIONAL AGENCY.—The term ‘local edu-
cational agency’ has the meaning given the term in section
14101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801).
‘‘(17) NONTRADITIONAL TRAINING AND EMPLOYMENT.—The
term ‘nontraditional training and employment’ means occupa-
tions or fields of work, including careers in computer science,
technology, and other emerging high skill occupations, for which
individuals from one gender comprise less than 25 percent
of the individuals employed in each such occupation or field
of work.
‘‘(18) OUTLYING AREA.—The term ‘outlying area’ means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
‘‘(19) POSTSECONDARY
EDUCATIONAL
INSTITUTION.—The
term ‘postsecondary educational institution’ means—
‘‘(A) an institution of higher education that provides
not less than a 2-year program of instruction that is accept-
able for credit toward a bachelor’s degree;
‘‘(B) a tribally controlled college or university; or
‘‘(C) a nonprofit educational institution offering certifi-
cate or apprenticeship programs at the postsecondary level.
‘‘(20) SCHOOL DROPOUT.—The term ‘school dropout’ means
an individual who is no longer attending any school and who
has not received a secondary school diploma or its recognized
equivalent.
‘‘(21) SECONDARY SCHOOL.—The term ‘secondary school’ has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
‘‘(22) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Education.
‘‘(23) SPECIAL POPULATIONS.—The term ‘special populations’
means—
‘‘(A) individuals with disabilities;
‘‘(B) individuals from economically disadvantaged fami-
lies, including foster children;
‘‘(C) individuals preparing for nontraditional training
and employment;
‘‘(D) single parents, including single pregnant women;
‘‘(E) displaced homemakers; and
H. R. 1853—6
‘‘(F) individuals with other barriers to educational
achievement, including individuals with limited English
proficiency.
‘‘(24) STATE.—The term ‘State’, unless otherwise specified,
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each outlying area.
‘‘(25) SUPPORT
SERVICES.—The term ‘support services’
means services related to curriculum modification, equipment
modification, classroom modification, supportive personnel, and
instructional aids and devices.
‘‘(26) TECH-PREP PROGRAM.—The term ‘tech-prep program’
means a program of study that—
‘‘(A) combines at least 2 years of secondary education
(as determined under State law) and 2 years of postsecond-
ary education in a nonduplicative sequential course of
study;
‘‘(B) strengthens the applied academic component of
vocational and technical education through the integration
of academic, and vocational and technical, instruction;
‘‘(C) provides technical preparation in an area such
as engineering technology, applied science, a mechanical,
industrial, or practical art or trade, agriculture, a health
occupation, business, or applied economics;
‘‘(D) builds student competence in mathematics,
science, and communications (including through applied
academics) in a coherent sequence of courses; and
‘‘(E) leads to an associate degree or a certificate in
a specific career field, and to high skill, high wage employ-
ment, or further education.
‘‘(27) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—The
term ‘tribally controlled college or university’ has the meaning
given such term in section 2 of the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
‘‘(28) TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
AND
TECHNICAL
INSTITUTION.—The term ‘tribally controlled
postsecondary vocational and technical institution’ means an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965, except that paragraph (2)
of such section shall not be applicable and the reference to
Secretary in paragraph (5)(A) of such section shall be deemed
to refer to the Secretary of the Interior) that—
‘‘(A) is formally controlled, or has been formally sanc-
tioned or chartered, by the governing body of an Indian
tribe or Indian tribes;
‘‘(B) offers a technical degree or certificate granting
program;
‘‘(C) is governed by a board of directors or trustees,
a majority of whom are Indians;
‘‘(D) demonstrates adherence to stated goals, a philoso-
phy, or a plan of operation, that fosters individual Indian
economic and self-sufficiency opportunity, including pro-
grams that are appropriate to stated tribal goals of develop-
ing individual entrepreneurships and self-sustaining eco-
nomic infrastructures on reservations;
‘‘(E) has been in operation for at least 3 years;
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‘‘(F) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting author-
ity for postsecondary vocational and technical education;
and
‘‘(G) enrolls the full-time equivalent of not less than
100 students, of whom a majority are Indians.
‘‘(29) VOCATIONAL AND TECHNICAL EDUCATION.—The term
‘vocational and technical education’ means organized edu-
cational activities that—
‘‘(A) offer a sequence of courses that provides individ-
uals with the academic and technical knowledge and skills
the individuals need to prepare for further education and
for careers (other than careers requiring a baccalaureate,
master’s, or doctoral degree) in current or emerging employ-
ment sectors; and
‘‘(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order
reasoning and problem-solving skills, work attitudes, gen-
eral employability skills, technical skills, and occupation-
specific skills, of an individual.
‘‘(30) VOCATIONAL
AND
TECHNICAL
STUDENT
ORGANIZA-
TION.—
‘‘(A) IN GENERAL.—The term ‘vocational and technical
student organization’ means an organization for individuals
enrolled in a vocational and technical education program
that engages in vocational and technical activities as an
integral part of the instructional program.
‘‘(B) STATE
AND
NATIONAL
UNITS.—An organization
described in subparagraph (A) may have State and national
units that aggregate the work and purposes of instruction
in vocational and technical education at the local level.
‘‘SEC. 4. TRANSITION PROVISIONS.
‘‘The Secretary shall take such steps as the Secretary deter-
mines to be appropriate to provide for the orderly transition to
the authority of this Act from any authority under provisions of
the Carl D. Perkins Vocational and Applied Technology Education
Act, as such Act was in effect on the day before the date of enact-
ment of the Carl D. Perkins Vocational and Applied Technology
Education Amendments of 1998.
‘‘SEC. 5. PRIVACY.
‘‘(a) GEPA.—Nothing in this Act shall be construed to supersede
the privacy protections afforded parents and students under section
444 of the General Education Provisions Act (20 U.S.C. 1232g),
as added by the Family Educational Rights and Privacy Act of
1974 (section 513 of Public Law 93–380; 88 Stat. 571).
‘‘(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.—
Nothing in this Act shall be construed to permit the development
of a national database of personally identifiable information on
individuals receiving services under this Act.
‘‘SEC. 6. LIMITATION.
‘‘All of the funds made available under this Act shall be used
in accordance with the requirements of this Act. None of the funds
made available under this Act may be used to provide funding
under the School-to-Work Opportunities Act of 1994 (20 U.S.C.
6101 et seq.) or to carry out, through programs funded under
H. R. 1853—8
this Act, activities that were funded under the School-To-Work
Opportunities Act of 1994, unless the programs funded under this
Act serve only those participants eligible to participate in the pro-
grams under this Act.
‘‘SEC. 7. SPECIAL RULE.
‘‘In the case of a local community in which no employees are
represented by a labor organization, for purposes of this Act the
term ‘representatives of employees’ shall be substituted for ‘labor
organization’.
‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out this Act
(other than sections 114, 117, and 118, and title II) such sums
as may be necessary for each of the fiscal years 1999 through
2003.
‘‘TITLE 
I—VOCATIONAL 
AND 
TECH-
NICAL EDUCATION ASSISTANCE TO
THE STATES
‘‘PART A—ALLOTMENT AND ALLOCATION
‘‘SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
‘‘(a) RESERVATIONS AND STATE ALLOTMENT.—
‘‘(1) RESERVATIONS.—From the sum appropriated under sec-
tion 8 for each fiscal year, the Secretary shall reserve—
‘‘(A) 0.2 percent to carry out section 115;
‘‘(B) 1.50 percent to carry out section 116, of which—
‘‘(i) 1.25 percent of the sum shall be available
to carry out section 116(b); and
‘‘(ii) 0.25 percent of the sum shall be available
to carry out section 116(h); and
‘‘(C) in the case of each of the fiscal years 2000 through
2003, 0.54 percent to carry out section 503 of Public Law
105–220.
‘‘(2) STATE ALLOTMENT FORMULA.—Subject to paragraphs
(3) and (4), from the remainder of the sums appropriated under
section 8 and not reserved under paragraph (1) for a fiscal
year, the Secretary shall allot to a State for the fiscal year—
‘‘(A) an amount that bears the same ratio to 50 percent
of the sums being allotted as the product of the population
aged 15 to 19 inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is
made and the State’s allotment ratio bears to the sum
of the corresponding products for all the States;
‘‘(B) an amount that bears the same ratio to 20 percent
of the sums being allotted as the product of the population
aged 20 to 24, inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is
made and the State’s allotment ratio bears to the sum
of the corresponding products for all the States;
‘‘(C) an amount that bears the same ratio to 15 percent
of the sums being allotted as the product of the population
aged 25 to 65, inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is
H. R. 1853—9
made and the State’s allotment ratio bears to the sum
of the corresponding products for all the States; and
‘‘(D) an amount that bears the same ratio to 15 percent
of the sums being allotted as the amounts allotted to the
State under subparagraphs (A), (B), and (C) for such years
bears to the sum of the amounts allotted to all the States
under subparagraphs (A), (B), and (C) for such year.
‘‘(3) MINIMUM ALLOTMENT.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law and subject to subparagraphs (B) and (C),
and paragraph (4), no State shall receive for a fiscal year
under this subsection less than 1⁄2 of 1 percent of the
amount appropriated under section 8 and not reserved
under paragraph (1) for such fiscal year. Amounts nec-
essary for increasing such payments to States to comply
with the preceding sentence shall be obtained by ratably
reducing the amounts to be paid to other States.
‘‘(B) REQUIREMENT.—No State, by reason of the applica-
tion of subparagraph (A), shall receive for a fiscal year
more than 150 percent of the amount the State received
under this subsection for the preceding fiscal year (or in
the case of fiscal year 1999 only, under section 101 of
the Carl D. Perkins Vocational and Applied Technology
Education Act, as such section was in effect on the day
before the date of enactment of the Carl D. Perkins Voca-
tional and Applied Technology Education Amendments of
1998).
‘‘(C) SPECIAL RULE.—
‘‘(i) IN
GENERAL.—Subject to paragraph (4), no
State, by reason of the application of subparagraph
(A), shall be allotted for a fiscal year more than the
lesser of—
‘‘(I) 150 percent of the amount that the State
received in the preceding fiscal year (or in the
case of fiscal year 1999 only, under section 101
of the Carl D. Perkins Vocational and Applied
Technology Education Act, as such section was
in effect on the day before the date of enactment
of the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998); and
‘‘(II) the amount calculated under clause (ii).
‘‘(ii) AMOUNT.—The amount calculated under this
clause shall be determined by multiplying—
‘‘(I) the number of individuals in the State
counted under paragraph (2) in the preceding fiscal
year; by
‘‘(II) 150 percent of the national average per
pupil payment made with funds available under
this section for that year (or in the case of fiscal
year 1999, only, under section 101 of the Carl
D. Perkins Vocational and Applied Technology
Education Act, as such section was in effect on
the day before the date of enactment of the Carl
D. Perkins Vocational and Applied Technology
Education Amendments of 1998).
‘‘(4) HOLD HARMLESS.—
H. R. 1853—10
‘‘(A) IN GENERAL.—No State shall receive an allotment
under this section for a fiscal year that is less than the
allotment the State received under part A of title I of
the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2311 et seq.) (as such part was
in effect on the day before the date of enactment of the
Carl D. Perkins Vocational and Applied Technology Edu-
cation Amendments of 1998) for fiscal year 1998.
‘‘(B) RATABLE REDUCTION.—If for any fiscal year the
amount appropriated for allotments under this section is
insufficient to satisfy the provisions of subparagraph (A),
the payments to all States under such subparagraph shall
be ratably reduced.
‘‘(b) REALLOTMENT.—If the Secretary determines that any
amount of any State’s allotment under subsection (a) for any fiscal
year will not be required for such fiscal year for carrying out
the activities for which such amount has been allotted, the Secretary
shall make such amount available for reallotment. Any such reallot-
ment among other States shall occur on such dates during the
same year as the Secretary shall fix, and shall be made on the
basis of criteria established by regulation. No funds may be reallot-
ted for any use other than the use for which the funds were
appropriated. Any amount reallotted to a State under this sub-
section for any fiscal year shall remain available for obligation
during the succeeding fiscal year and shall be deemed to be part
of the State’s allotment for the year in which the amount is obli-
gated.
‘‘(c) ALLOTMENT RATIO.—
‘‘(1) IN GENERAL.—The allotment ratio for any State shall
be 1.00 less the product of—
‘‘(A) 0.50; and
‘‘(B) the quotient obtained by dividing the per capita
income for the State by the per capita income for all the
States (exclusive of the Commonwealth of Puerto Rico and
the United States Virgin Islands), except that—
‘‘(i) the allotment ratio in no case shall be more
than 0.60 or less than 0.40; and
‘‘(ii) the allotment ratio for the Commonwealth
of Puerto Rico and the United States Virgin Islands
shall be 0.60.
‘‘(2) PROMULGATION.—The allotment ratios shall be promul-
gated by the Secretary for each fiscal year between October
1 and December 31 of the fiscal year preceding the fiscal
year for which the determination is made. Allotment ratios
shall be computed on the basis of the average of the appropriate
per capita incomes for the 3 most recent consecutive fiscal
years for which satisfactory data are available.
‘‘(3) DEFINITION OF PER CAPITA INCOME.—For the purpose
of this section, the term ‘per capita income’ means, with respect
to a fiscal year, the total personal income in the calendar
year ending in such year, divided by the population of the
area concerned in such year.
‘‘(4) POPULATION DETERMINATION.—For the purposes of this
section, population shall be determined by the Secretary on
the basis of the latest estimates available to the Department
of Education.
H. R. 1853—11
‘‘(d) DEFINITION OF STATE.—For the purpose of this section,
the term ‘State’ means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
and the United States Virgin Islands.
‘‘SEC. 112. WITHIN STATE ALLOCATION.
‘‘(a) IN GENERAL.—From the amount allotted to each State
under section 111 for a fiscal year, the State board (hereinafter
referred to as the ‘eligible agency’) shall make available—
‘‘(1) not less than 85 percent for distribution under section
131 or 132, of which not more than 10 percent of the 85
percent may be used in accordance with subsection (c);
‘‘(2) not more than 10 percent to carry out State leadership
activities described in section 124, of which—
‘‘(A) an amount equal to not more than 1 percent
of the amount allotted to the State under section 111
for the fiscal year shall be available to serve individuals
in State institutions, such as State correctional institutions
and institutions that serve individuals with disabilities;
and
‘‘(B) not less than $60,000 and not more than $150,000
shall be available for services that prepare individuals
for nontraditional training and employment; and
‘‘(3) an amount equal to not more than 5 percent, or
$250,000, whichever is greater, for administration of the State
plan, which may be used for the costs of—
‘‘(A) developing the State plan;
‘‘(B) reviewing the local plans;
‘‘(C) monitoring and evaluating program effectiveness;
‘‘(D) assuring compliance with all applicable Federal
laws; and
‘‘(E) providing technical assistance.
‘‘(b) MATCHING REQUIREMENT.—Each eligible agency receiving
funds made available under subsection (a)(3) shall match, from
non-Federal sources and on a dollar-for-dollar basis, the funds
received under subsection (a)(3).
‘‘(c) RESERVE.—
‘‘(1) IN
GENERAL.—From amounts made available under
subsection (a)(1) to carry out this subsection, an eligible agency
may award grants to eligible recipients for vocational and tech-
nical education activities described in section 135 in—
‘‘(A) rural areas;
‘‘(B) areas with high percentages of vocational and
technical education students;
‘‘(C) areas with high numbers of vocational and tech-
nical students; and
‘‘(D) communities negatively impacted by changes
resulting from the amendments made by the Carl D. Per-
kins Vocational and Applied Technology Education Amend-
ments of 1998 to the within State allocation under section
231 of the Carl D. Perkins Vocational and Applied Tech-
nology Education Act (as such section 231 was in effect
on the day before the date of enactment of the Carl D.
Perkins Vocational and Applied Technology Education
Amendments of 1998).
‘‘(2) SPECIAL RULE.—Each eligible agency awarding a grant
under this subsection shall use the grant funds to serve at
H. R. 1853—12
least 2 of the categories described in subparagraphs (A) through
(D) of paragraph (1).
‘‘SEC. 113. ACCOUNTABILITY.
‘‘(a) PURPOSE.—The purpose of this section is to establish a
State performance accountability system, comprised of the activities
described in this section, to assess the effectiveness of the State
in achieving statewide progress in vocational and technical edu-
cation, and to optimize the return of investment of Federal funds
in vocational and technical education activities.
‘‘(b) STATE PERFORMANCE MEASURES.—
‘‘(1) IN GENERAL.—Each eligible agency, with input from
eligible recipients, shall establish performance measures for
a State that consist of—
‘‘(A) the core indicators of performance described in
paragraph (2)(A);
‘‘(B) any additional indicators of performance (if any)
identified by the eligible agency under paragraph (2)(B);
and
‘‘(C) a State adjusted level of performance described
in paragraph (3)(A) for each core indicator of performance,
and State levels of performance described in paragraph
(3)(B) for each additional indicator of performance.
‘‘(2) INDICATORS OF PERFORMANCE.—
‘‘(A) CORE INDICATORS OF PERFORMANCE.—Each eligible
agency shall identify in the State plan core indicators of
performance that include, at a minimum, measures of each
of the following:
‘‘(i) Student attainment of challenging State estab-
lished academic, and vocational and technical, skill
proficiencies.
‘‘(ii) Student attainment of a secondary school
diploma or its recognized equivalent, a proficiency
credential in conjunction with a secondary school
diploma, or a postsecondary degree or credential.
‘‘(iii) Placement in, retention in, and completion
of, postsecondary education or advanced training,
placement in military service, or placement or retention
in employment.
‘‘(iv) Student participation in and completion of
vocational and technical education programs that lead
to nontraditional training and employment.
‘‘(B) ADDITIONAL
INDICATORS
OF
PERFORMANCE.—An
eligible agency, with input from eligible recipients, may
identify in the State plan additional indicators of perform-
ance for vocational and technical education activities
authorized under the title.
‘‘(C) EXISTING INDICATORS.—If a State previously has
developed State performance measures that meet the
requirements of this section, the State may use such
performance measures to measure the progress of voca-
tional and technical education students.
‘‘(D) STATE ROLE.—Indicators of performance described
in this paragraph shall be established solely by each eligible
agency with input from eligible recipients.
‘‘(3) LEVELS OF PERFORMANCE.—
H. R. 1853—13
‘‘(A) STATE
ADJUSTED
LEVELS
OF
PERFORMANCE
FOR
CORE INDICATORS OF PERFORMANCE.—
‘‘(i) IN GENERAL.—Each eligible agency, with input
from eligible recipients, shall establish in the State
plan submitted under section 122, levels of perform-
ance for each of the core indicators of performance
described in paragraph (2)(A) for vocational and tech-
nical education activities authorized under this title.
The levels of performance established under this
subparagraph shall, at a minimum—
‘‘(I) be expressed in a percentage or numerical
form, so as to be objective, quantifiable, and meas-
urable; and
‘‘(II) require the State to continually make
progress toward improving the performance of
vocational and technical education students.
‘‘(ii) IDENTIFICATION
IN
THE
STATE
PLAN.—Each
eligible agency shall identify, in the State plan submit-
ted under section 122, levels of performance for each
of the core indicators of performance for the first 2
program years covered by the State plan.
‘‘(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF
PERFORMANCE FOR FIRST 2 YEARS.—The Secretary and
each eligible agency shall reach agreement on the lev-
els of performance for each of the core indicators of
performance, for the first 2 program years covered
by the State plan, taking into account the levels identi-
fied in the State plan under clause (ii) and the factors
described in clause (vi). The levels of performance
agreed to under this clause shall be considered to
be the State adjusted level of performance for the
State for such years and shall be incorporated into
the State plan prior to the approval of such plan.
‘‘(iv) ROLE OF THE SECRETARY.—The role of the
Secretary in the agreement described in clauses (iii)
and (v) is limited to reaching agreement on the percent-
age or number of students who attain the State
adjusted levels of performance.
‘‘(v) AGREEMENT ON STATE ADJUSTED LEVELS OF
PERFORMANCE FOR 3RD, 4TH, AND 5TH YEARS.—Prior
to the third program year covered by the State plan,
the Secretary and each eligible agency shall reach
agreement on the State adjusted levels of performance
for each of the core indicators of performance for the
third, fourth, and fifth program years covered by the
State plan, taking into account the factors described
in clause (vi). The State adjusted levels of performance
agreed to under this clause shall be considered to
be the State adjusted levels of performance for the
State for such years and shall be incorporated into
the State plan.
‘‘(vi) FACTORS.—The agreement described in clause
(iii) or (v) shall take into account—
‘‘(I) how the levels of performance involved
compare with the State adjusted levels of perform-
ance established for other States taking into
account factors including the characteristics of
H. R. 1853—14
participants when the participants entered the pro-
gram and the services or instruction to be provided;
and
‘‘(II) the extent to which such levels of perform-
ance promote continuous improvement on the
indicators of performance by such State.
‘‘(vii) REVISIONS.—If unanticipated circumstances
arise in a State resulting in a significant change in
the factors described in clause (vi)(II), the eligible
agency may request that the State adjusted levels of
performance agreed to under clause (iii) or (vi) be
revised. The Secretary shall issue objective criteria
and methods for making such revisions.
‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICA-
TORS.—Each eligible agency shall identify in the State plan,
State levels of performance for each of the additional indica-
tors of performance described in paragraph (2)(B). Such
levels shall be considered to be the State levels of perform-
ance for purposes of this title.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Each eligible agency that receives an
allotment under section 111 shall annually prepare and submit
to the Secretary a report regarding—
‘‘(A) the progress of the State in achieving the State
adjusted levels of performance on the core indicators of
performance; and
‘‘(B) information on the levels of performance achieved
by the State with respect to the additional indicators of
performance, including the levels of performance for special
populations.
‘‘(2) SPECIAL POPULATIONS.—The report submitted by the
eligible agency in accordance with paragraph (1) shall include
a quantifiable description of the progress special populations
participating in vocational and technical education programs
have made in meeting the State adjusted levels of performance
established by the eligible agency.
‘‘(3) INFORMATION DISSEMINATION.—The Secretary—
‘‘(A) shall make the information contained in such
reports available to the general public;
‘‘(B) shall disseminate State-by-State comparisons of
the information; and
‘‘(C) shall provide the appropriate committees of Con-
gress copies of such reports.
‘‘SEC. 114. NATIONAL ACTIVITIES.
‘‘(a) PROGRAM PERFORMANCE INFORMATION.—
‘‘(1) IN GENERAL.—The Secretary shall collect performance
information about, and report on, the condition of vocational
and technical education and on the effectiveness of State and
local programs, services, and activities carried out under this
title in order to provide the Secretary and Congress, as well
as Federal, State, local, and tribal agencies, with information
relevant to improvement in the quality and effectiveness of
vocational and technical education. The Secretary annually
shall report to Congress on the Secretary’s aggregate analysis
of performance information collected each year pursuant to
H. R. 1853—15
this title, including an analysis of performance data regarding
special populations.
‘‘(2) COMPATIBILITY.—The Secretary shall, to the extent
feasible, ensure that the performance information system is
compatible with other Federal information systems.
‘‘(3) ASSESSMENTS.—As a regular part of its assessments,
the National Center for Education Statistics shall collect and
report information on vocational and technical education for
a nationally representative sample of students. Such assess-
ment may include international comparisons.
‘‘(b) MISCELLANEOUS PROVISIONS.—
‘‘(1) COLLECTION OF INFORMATION AT REASONABLE COST.—
The Secretary shall take such action as may be necessary
to secure at reasonable cost the information required by this
title. To ensure reasonable cost, the Secretary, in consultation
with the National Center for Education Statistics, the Office
of Vocational and Adult Education, and an entity assisted under
section 118 shall determine the methodology to be used and
the frequency with which information is to be collected.
‘‘(2) COOPERATION OF STATES.—All eligible agencies receiv-
ing assistance under this Act shall cooperate with the Secretary
in implementing the information systems developed pursuant
to this Act.
‘‘(c) RESEARCH, DEVELOPMENT, DISSEMINATION, EVALUATION
AND ASSESSMENT.—
‘‘(1) SINGLE PLAN.—
‘‘(A) IN
GENERAL.—The Secretary may, directly or
through grants, contracts, or cooperative agreements, carry
out research, development, dissemination, evaluation and
assessment, capacity building, and technical assistance
with regard to the vocational and technical education pro-
grams under this Act. The Secretary shall develop a single
plan for such activities.
‘‘(B) PLAN.—Such plan shall—
‘‘(i) identify the vocational and technical education
activities described in subparagraph (A) the Secretary
will carry out under this section;
‘‘(ii) describe how the Secretary will evaluate such
vocational and technical education activities in accord-
ance with paragraph (3); and
‘‘(iii) include such other information as the Sec-
retary determines to be appropriate.
‘‘(2) INDEPENDENT ADVISORY PANEL.—The Secretary shall
appoint an independent advisory panel, consisting of vocational
and technical education administrators, educators, researchers,
and representatives of labor organizations, businesses, parents,
guidance and counseling professionals, and other relevant
groups, to advise the Secretary on the implementation of the
assessment described in paragraph (3), including the issues
to be addressed, the methodology of the studies involved, and
the findings and recommendations resulting from the assess-
ment. The panel shall submit to the Committee on Education
and the Workforce of the House of Representatives, the Commit-
tee on Labor and Human Resources of the Senate, and the
H. R. 1853—16
Secretary an independent analysis of the findings and rec-
ommendations resulting from the assessment described in para-
graph (3). The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the panel established under this subsection.
‘‘(3) EVALUATION AND ASSESSMENT.—
‘‘(A) IN
GENERAL.—From amounts made available
under paragraph (8), the Secretary shall provide for the
conduct of an independent evaluation and assessment of
vocational and technical education programs under this
Act through studies and analyses conducted independently
through grants, contracts, and cooperative agreements that
are awarded on a competitive basis.
‘‘(B) CONTENTS.—The assessment required under para-
graph (1) shall include descriptions and evaluations of—
‘‘(i) the extent to which State, local, and tribal
entities have developed, implemented, or improved
State and local vocational and technical education pro-
grams and the effect of programs assisted under this
Act on that development, implementation, or improve-
ment, including the capacity of State, tribal, and local
vocational and technical education systems to achieve
the purpose of this Act;
‘‘(ii) the extent to which expenditures at the Fed-
eral, State, tribal, and local levels address program
improvement in vocational and technical education,
including the impact of Federal allocation requirements
(such as within-State allocation formulas) on the deliv-
ery of services;
‘‘(iii) the preparation and qualifications of teachers
of vocational and technical, and academic, curricula
in vocational and technical education programs, as well
as shortages of such teachers;
‘‘(iv) participation of students in vocational and
technical education programs;
‘‘(v) academic and employment outcomes of voca-
tional and technical education, including analyses of—
‘‘(I) the number of vocational and technical
education students and tech-prep students who
meet State adjusted levels of performance;
‘‘(II) the extent and success of integration of
academic, and vocational and technical, education
for students participating in vocational and tech-
nical education programs; and
‘‘(III) the extent to which vocational and tech-
nical education programs prepare students for sub-
sequent employment in high-wage, high-skill
careers or participation in postsecondary edu-
cation;
‘‘(vi) employer involvement in, and satisfaction
with, vocational and technical education programs;
‘‘(vii) the use and impact of educational technology
and distance learning with respect to vocational and
technical education and tech-prep programs; and
‘‘(viii) the effect of State adjusted levels of perform-
ance and State levels of performance on the delivery
of vocational and technical education services.
‘‘(C) REPORTS.—
H. R. 1853—17
‘‘(i) IN GENERAL.—The Secretary shall submit to
the Committee on Education and the Workforce of
the House of Representatives and the Committee on
Labor and Human Resources of the Senate—
‘‘(I) an interim report regarding the assess-
ment on or before January 1, 2002; and
‘‘(II) a final report, summarizing all studies
and analyses that relate to the assessment and
that are completed after the assessment, on or
before July 1, 2002.
‘‘(ii) PROHIBITION.—Notwithstanding any other
provision of law, the reports required by this subsection
shall not be subject to any review outside the Depart-
ment of Education before their transmittal to the
Committee on Education and the Workforce of the
House of Representatives, the Committee on Labor
and Human Resources of the Senate, and the Sec-
retary, but the President, the Secretary, and the
independent advisory panel established under para-
graph (2) may make such additional recommendations
to Congress with respect to the assessment as the
President, the Secretary, or the panel determine to
be appropriate.
‘‘(4) COLLECTION
OF
STATE
INFORMATION
AND
REPORT.—
‘‘(A) IN
GENERAL.—The Secretary may collect and
disseminate information from States regarding State efforts
to meet State adjusted levels of performance described
in section 113.
‘‘(B) REPORT.—The Secretary shall gather any informa-
tion collected pursuant to subparagraph (A) and submit
a report to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate.
‘‘(5) RESEARCH.—
‘‘(A) IN GENERAL.—The Secretary, after consulting with
the States, shall award grants, contracts, or cooperative
agreements on a competitive basis to an institution of
higher education, a public or private nonprofit organization
or agency, or a consortium of such institutions, organiza-
tions, or agencies to establish a national research center
or centers—
‘‘(i) to carry out research for the purpose of develop-
ing, improving, and identifying the most successful
methods for successfully addressing the education,
employment, and training needs of participants in
vocational and technical education programs, including
research and evaluation in such activities as—
‘‘(I) the integration of vocational and technical
instruction, and academic, secondary and post-
secondary instruction;
‘‘(II) education technology and distance learn-
ing approaches and strategies that are effective
with respect to vocational and technical education;
‘‘(III) State adjusted levels of performance and
State levels of performance that serve to improve
vocational and technical education programs and
student achievement; and
H. R. 1853—18
‘‘(IV) academic knowledge and vocational and
technical skills required for employment or partici-
pation in postsecondary education;
‘‘(ii) to carry out research to increase the effective-
ness and improve the implementation of vocational
and technical education programs, including conduct-
ing research and development, and studies, providing
longitudinal information or formative evaluation with
respect to vocational and technical education programs
and student achievement;
‘‘(iii) to carry out research that can be used to
improve teacher training and learning in the vocational
and technical education classroom, including—
‘‘(I) effective inservice and preservice teacher
education that assists vocational and technical
education systems; and
‘‘(II) dissemination and training activities
related to the applied research and demonstration
activities described in this subsection, which may
also include serving as a repository for information
on vocational and technical skills, State academic
standards, and related materials; and
‘‘(iv) to carry out such other research as the Sec-
retary determines appropriate to assist State and local
recipients of funds under this Act.
‘‘(B) REPORT.—The center or centers conducting the
activities described in subparagraph (A) shall annually pre-
pare a report of key research findings of such center or
centers and shall submit copies of the report to the Sec-
retary, the Committee on Education and the Workforce
of the House of Representatives, the Committee on Labor
and Human Resources of the Senate, the Library of Con-
gress, and each eligible agency.
‘‘(C) DISSEMINATION.—The center or centers shall con-
duct dissemination and training activities based upon the
research described in subparagraph (A).
‘‘(6) DEMONSTRATIONS AND DISSEMINATION.—
‘‘(A) DEMONSTRATION
PROGRAM.—The Secretary is
authorized to carry out demonstration vocational and tech-
nical education programs, to replicate model vocational
and technical education programs, to disseminate best prac-
tices information, and to provide technical assistance upon
request of a State, for the purposes of developing, improv-
ing, and identifying the most successful methods and tech-
niques for providing vocational and technical education
programs assisted under this Act.
‘‘(B) DEMONSTRATION PARTNERSHIP.—
‘‘(i) IN GENERAL.—The Secretary shall carry out
a demonstration partnership project involving a 4-year,
accredited postsecondary institution, in cooperation
with local public education organizations, volunteer
groups, and private sector business participants to pro-
vide program support, and facilities for education,
training, tutoring, counseling, employment prepara-
tion, specific skills training in emerging and estab-
lished professions, and for retraining of military medi-
cal personnel, individuals displaced by corporate or
H. R. 1853—19
military restructuring, migrant workers, as well as
other individuals who otherwise do not have access
to such services, through multisite, multistate distance
learning technologies.
‘‘(ii) PROGRAM.—Such program may be carried out
directly or through grants, contracts, cooperative agree-
ments, or through the national center or centers estab-
lished under paragraph (5).
‘‘(7) DEFINITION.—In this section, the term ‘institution of
higher education’ has the meaning given the term in section
101 of the Higher Education Act of 1965.
‘‘(8) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 1999 and each of
the 4 succeeding fiscal years.
‘‘SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
‘‘(a) OUTLYING
AREAS.—From funds reserved pursuant to
section 111(a)(1)(A), the Secretary shall—
‘‘(1) make a grant in the amount of $500,000 to Guam;
and
‘‘(2) make a grant in the amount of $190,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands.
‘‘(b) REMAINDER.—Subject to the provisions of subsection (a),
the Secretary shall make a grant of the remainder of funds reserved
pursuant to section 111(a)(1)(A) to the Pacific Region Educational
Laboratory in Honolulu, Hawaii, to make grants for vocational
and technical education and training in Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau, for the purpose of providing direct vocational
and technical educational services, including—
‘‘(1) teacher and counselor training and retraining;
‘‘(2) curriculum development; and
‘‘(3) the improvement of vocational and technical education
and training programs in secondary schools and institutions
of higher education, or improving cooperative education pro-
grams involving both secondary schools and institutions of
higher education.
‘‘(c) LIMITATION.—The Pacific Region Educational Laboratory
may use not more than 5 percent of the funds received under
subsection (b) for administrative costs.
‘‘(d) RESTRICTION.—Notwithstanding any other provision of law,
the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau shall not receive any funds
under this title for any fiscal year that begins after September
30, 2001.
‘‘SEC. 116. NATIVE AMERICAN PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ means a
Native as such term is defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
‘‘(2) BUREAU FUNDED SCHOOL.—The term ‘Bureau funded
school’ has the meaning given the term in section 1146 of
the Education Amendments of 1978 (25 U.S.C. 2026).
H. R. 1853—20
‘‘(3) INDIAN, INDIAN
TRIBE, AND
TRIBAL
ORGANIZATION.—
The terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have
the meanings given the terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means
any individual any of whose ancestors were natives, prior to
1778, of the area which now comprises the State of Hawaii.
‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native
Hawaiian organization’ has the meaning given the term in
section 9212 of the Native Hawaiian Education Act (20 U.S.C.
7912).
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) AUTHORITY.—From funds reserved under section
111(a)(1)(B)(i), the Secretary shall make grants to and enter
into contracts with Indian tribes, tribal organizations, and
Alaska Native entities to carry out the authorized programs
described in subsection (d), except that such grants or contracts
shall not be awarded to secondary school programs in Bureau
funded schools.
‘‘(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—The grants
or contracts described in this section (other than in subsection
(i)) that are awarded to any Indian tribe or tribal organization
shall be subject to the terms and conditions of section 102
of the Indian Self-Determination Act (25 U.S.C. 450f ) and
shall be conducted in accordance with the provisions of sections
4, 5, and 6 of the Act of April 16, 1934, which are relevant
to the programs administered under this subsection.
‘‘(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS
OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.—
An Indian tribe, a tribal organization, or an Alaska Native
entity, that receives funds through a grant made or contract
entered into under paragraph (1) may use the funds to provide
assistance to a secondary school operated or supported by the
Bureau of Indian Affairs to enable such school to carry out
vocational and technical education programs.
‘‘(4) MATCHING.—If sufficient funding is available, the
Bureau of Indian Affairs shall expend an amount equal to
the amount made available under this subsection, relating to
programs for Indians, to pay a part of the costs of programs
funded under this subsection. During each fiscal year the
Bureau of Indian Affairs shall expend not less than the amount
expended during the prior fiscal year on vocational and tech-
nical education programs, services, and technical activities
administered either directly by, or under contract with, the
Bureau of Indian Affairs, except that in no year shall funding
for such programs, services, and activities be provided from
accounts and programs that support other Indian education
programs. The Secretary and the Assistant Secretary of the
Interior for Indian Affairs shall prepare jointly a plan for the
expenditure of funds made available and for the evaluation
of programs assisted under this subsection. Upon the comple-
tion of a joint plan for the expenditure of the funds and the
evaluation of the programs, the Secretary shall assume respon-
sibility for the administration of the program, with the assist-
ance and consultation of the Bureau of Indian Affairs.
‘‘(5) REGULATIONS.—If the Secretary promulgates any regu-
lations applicable to subsection (b)(2), the Secretary shall—
H. R. 1853—21
‘‘(A) confer with, and allow for active participation
by, representatives of Indian tribes, tribal organizations,
and individual tribal members; and
‘‘(B) promulgate the regulations under subchapter III
of chapter 5 of title 5, United States Code, commonly
known as the ‘‘Negotiated Rulemaking Act of 1990’’.
‘‘(6) APPLICATION.—Any Indian tribe, tribal organization,
or Bureau funded school eligible to receive assistance under
subsection (b) may apply individually or as part of a consortium
with another such Indian tribe, tribal organization, or Bureau
funded school.
‘‘(c) AUTHORIZED ACTIVITIES.—
‘‘(1) AUTHORIZED PROGRAMS.—Funds made available under
this section shall be used to carry out vocational and technical
education programs consistent with the purpose of this Act.
‘‘(2) STIPENDS.—
‘‘(A) IN GENERAL.—Funds received pursuant to grants
or contracts awarded under subsection (b) may be used
to provide stipends to students who are enrolled in voca-
tional and technical education programs and who have
acute economic needs which cannot be met through work-
study programs.
‘‘(B) AMOUNT.—Stipends described in subparagraph (A)
shall not exceed reasonable amounts as prescribed by the
Secretary.
‘‘(d) GRANT OR CONTRACT APPLICATION.—In order to receive
a grant or contract under this section an organization, tribe, or
entity described in subsection (b) shall submit an application to
the Secretary that shall include an assurance that such organiza-
tion, tribe, or entity shall comply with the requirements of this
section.
‘‘(e) RESTRICTIONS
AND SPECIAL CONSIDERATIONS.—The Sec-
retary may not place upon grants awarded or contracts entered
into under subsection (b) any restrictions relating to programs
other than restrictions that apply to grants made to or contracts
entered into with States pursuant to allotments under section
111(a). The Secretary, in awarding grants and entering into con-
tracts under this paragraph, shall ensure that the grants and
contracts will improve vocational and technical education programs,
and shall give special consideration to—
‘‘(1) programs that involve, coordinate with, or encourage
tribal economic development plans; and
‘‘(2) applications from tribally controlled colleges or univer-
sities that—
‘‘(A) are accredited or are candidates for accreditation
by a nationally recognized accreditation organization as
an institution of postsecondary vocational and technical
education; or
‘‘(B) operate vocational and technical education pro-
grams that are accredited or are candidates for accredita-
tion by a nationally recognized accreditation organization
and issue certificates for completion of vocational and tech-
nical education programs.
‘‘(f ) CONSOLIDATION OF FUNDS.—Each organization, tribe, or
entity receiving assistance under this section may consolidate such
assistance with assistance received from related programs in accord-
ance with the provisions of the Indian Employment, Training and