‘‘(2) ALLOCATION BASIS.—If an area vocational-
technical education school or educational service agen-
cy 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-technical education pro-
grams (based, if practicable, on the average enroll-
ment 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 agen-
cy and an area vocational-technical education school
or an educational service agency with respect to the
allocation procedures described in this section, includ-
ing the decision of a local educational agency to leave
a consortium or terminate a cooperative arrangement.
‘‘(g) CONSORTIUM REQUIREMENTS.—
‘‘(1) ALLIANCE.—Any local educational agency
receiving an allocation that is not sufficient to con-
duct a program which meets the requirements of sec-
tion 225 is encouraged 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;
‘‘(B) transfer such allocation to the area vo-
cational-technical 
education 
school 
or 
edu-
cational service agency; and
‘‘(C) be of sufficient size, scope, and quality
as to be effective.
‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated
to a consortium formed to meet the requirements of
this paragraph shall be used only for purposes and
programs that are mutually beneficial to all members
of the consortium and can be used only for programs
authorized under this Act. Such funds may not be re-
allocated to individual members of the consortium for
purposes or programs benefiting only one member of
the consortium.
‘‘(h) DATA.—The Secretary shall collect information
from States regarding the specific dollar allocations made
available by the State for vocational-technical education
programs under subsections (a), (b), (c), and (d) and how
these allocations are distributed to local educational agen-
cies, area vocational-technical education schools, edu-
cational services agencies, and eligible institutions within
the State 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-
sections (b) and (c) and section 223, each State shall
distribute funds available in any fiscal year for post-
secondary and adult vocational-technical education
programs to eligible institutions or consortia of eligi-
ble 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 Indian
Affairs and are enrolled in programs meeting the re-
quirements of section 225 offered by such institution
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 allo-
cated to a consortium formed to meet the require-
ments of this section shall be used only for pur-
poses and programs that are mutually beneficial
to all members of the consortium and can be
used only for programs authorized under this
Act. Such funds may not be reallocated to indi-
vidual members of the consortium for purposes
or programs benefiting only one member of the
consortium.
‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—
The Secretary may waive the application of subsection (a)
in the case of any State that submits to the Secretary of
Education an application for such a waiver that—
‘‘(1) demonstrates that the formula described in
subsection (a) does not result in a distribution of
funds to the institutions or consortia within the State
that have the highest numbers of economically dis-
advantaged individuals and that an alternative for-
mula would result in such a distribution; 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 re-
distributed to eligible institutions or consortia of eli-
gible institutions in accordance with the provisions of
this section.
‘‘(d) DEFINITIONS.—For the purposes of this section—
‘‘(1) the term ‘eligible institution’ means an in-
stitution of higher education as such term is defined
in section 1201(a) of the Higher Education Act of
1965, a local educational agency serving adults, or an
area vocational education school serving adults that
offers or will offer a program that meets the require-
ments of section 225 and seeks to receive assistance
under this part; and
‘‘(2) 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 sections 221 and 222 and in order
to make a more equitable distribution of funds for
programs serving the areas of greatest economic need,
for any program year for which a minimal amount
is made available by 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 deter-
mined 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 re-
turn any unexpended amounts to the State to be re-
allocated 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 sec-
tion 221 or 222 and the State is unable to reallocate
such amounts according to such sections in time for
such amounts to be expended in such academic year,
the State shall retain such amounts for distribution
in combination with amounts provided under this
title for the following academic year.
‘‘(c) CONSTRUCTION.—Nothing in section 221 or 222
shall be construed—
‘‘(1) to prohibit a local educational agency (or a
consortium thereof) that receives assistance under sec-
tion 221, from working with an eligible recipient (or
consortium thereof) that receives assistance under sec-
tion 222, to carry out secondary school vocational-
technical education programs in accordance with this
title;
‘‘(2) 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 vo-
cational-technical education programs in accordance
with this title; or
‘‘(3) 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.
‘‘(d) CONSISTENT APPLICATION.—For purposes of this
section, the State board shall provide funds to charter
schools that offer vocational-technical education programs
that are public schools of the local educational agency in
the same manner as it provides those funds to other schools
of the local educational agency. Such program within a
charter school shall be of sufficient 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, in ac-
cordance with requirements established by the State board,
submit an application to the State board. Such application
shall cover the same period of time as the period of time
applicable to the State application submitted under section
112.
‘‘(b) CONTENTS.—The State board shall determine re-
quirements for local applications, except that each applica-
tion shall—
‘‘(1) describe how the vocational-technical edu-
cation programs required under section 225(b) will be
carried out with funds received under this part;
‘‘(2) describe how students participating in voca-
tional-technical education programs carried out with
funds under this Act will reach the State benchmarks
as established under section 114;
‘‘(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 pro-
ficiencies as are provided for all other students;
‘‘(4) describe how parents, students, teachers,
business and representatives of employees are involved
in the development and implementation of vocational-
technical education programs assisted under this Act;
and
‘‘(5) provide assurances that the eligible recipient
will provide a vocational-technical education program
that is of such size, scope, and quality as to bring
about improvement in the quality of vocational-tech-
nical education programs.
‘‘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 this part shall be used to provide vo-
cational-technical education programs that—
‘‘(1) strengthen the academic and technical skills
of students participating in vocational-technical edu-
cation programs by strengthening the academic com-
ponent of such programs through the integration of
academics with vocational-technical education pro-
grams through a coherent sequence of courses to en-
sure learning in the core academic subjects;
‘‘(2) develop, improve, or expand the use of tech-
nology in vocational-technical education which may
include—
‘‘(A) training of vocational-technical edu-
cation personnel to use State-of-the art tech-
nology, which may include distance learning;
‘‘(B) providing vocational-technical edu-
cation students with the academic and technical
skills that lead to entry into the high technology
and telecommunications field; or
‘‘(C) encouraging schools to work with high
tech industries to offer voluntary internships and
mentoring programs;
‘‘(3) provide professional development programs,
including—
‘‘(A) inservice 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 and other public school personnel
who are involved in the direct delivery of edu-
cational services to vocational education stu-
dents, to ensure that such teachers stay current
with the needs, expectations, and methods of in-
dustry;
‘‘(4) support vocational-technical education pro-
grams that improve the academic and technical skills
of students participating in vocational-technical edu-
cation programs by strengthening the academic com-
ponent of such vocational-technical education pro-
grams through the integration of academics with vo-
cational-technical education to ensure learning in the
core academic subjects; and
‘‘(5) provide an assessment of the vocational-
technical education programs carried out with funds
under this Act, including an assessment of how the
needs of special populations are being met, and how
such programs will ensure that the benchmarks estab-
lished under section 114 are being met.
‘‘(c) PERMISSIBLE ACTIVITIES.—The vocational-tech-
nical education programs described in subsection (b) may
be used for—
‘‘(1) establishing agreements between secondary
and postsecondary vocational-technical education pro-
grams in order to provide postsecondary education
and training opportunities for students participating
in such vocational-technical programs, such as tech-
prep programs;
‘‘(2) involving parents, business, and representa-
tives of employees in the design and implementation
of vocational-technical education programs authorized
under this Act;
‘‘(3) providing career guidance and counseling;
‘‘(4) providing work related experience, such as
internships, cooperative education, school-based enter-
prises, entrepreneurship, and job shadowing that are
related to vocational-technical education programs;
‘‘(5) programs for single parents, displaced
homemakers, and single pregnant women;
‘‘(6) local education and business partnerships;
‘‘(7) vocational student organizations;
‘‘(8) mentoring and support services;
‘‘(9) leasing, purchasing, or upgrading of equip-
ment; and
‘‘(10) establishing effective programs and proce-
dures to enable vocational-technical education pro-
gram participants and their parents to participate
directly in decisions that influence the programs, in-
cluding providing information and assistance for in-
formed effective participation.
‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipient
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.
(a) HEADING.—The heading for title III is amended
to read as follows:
‘‘TITLE III—RESEARCH AND
DEVELOPMENT’’.
(b) PART A.—Part A of title III 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, research,
demonstrations, and dissemination with regard 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 programs
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 subsection (g), the Secretary shall provide
for the conduct of an independent evaluation and as-
sessment of vocational-technical education programs
under this Act through studies and analyses con-
ducted 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 address
improvement in vocational-technical education
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 State benchmarks, per-
formance measures, and other measures of ac-
countability on the delivery of vocational-tech-
nical education programs.
‘‘(c) INFORMATION COLLECTION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary may collect
and disseminate information from States regarding
State efforts to meet State benchmarks described in
section 114.
‘‘(2) REPORT.—The Secretary shall gather any
information collected pursuant to paragraph (1) 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.
‘‘(d) 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 address-
ing the education, employment, and training
needs of participants in vocational-technical
education programs;
‘‘(B) to carry out research to increase the ef-
fectiveness 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 as-
sessments described in subsection (b), and the research
conducted pursuant to this subsection, and the find-
ings of such evaluations and assessments, and re-
search, to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the
Senate.
‘‘(e) DEMONSTRATIONS AND DISSEMINATION.—
‘‘(1) DEMONSTRATION PROGRAM.—The Secretary
is authorized to carry out demonstration vocational-
technical education programs, to replicate model vo-
cational-technical education programs, to disseminate
best practices information, and to provide technical
assistance upon request of a State, for the purposes of
developing, improving, and identifying the most suc-
cessful methods and techniques for providing voca-
tional-technical education programs assisted under
this Act.
‘‘(2) DEMONSTRATION PARTNERSHIP.—
‘‘(A) IN
GENERAL.—The Secretary shall
carry out a demonstration partnership project
involving a 4-year, accredited postsecondary in-
stitution, in cooperation with local public edu-
cation organizations, volunteer groups, and pri-
vate sector business participants to provide pro-
gram support, and facilities for education, train-
ing, tutoring, counseling, employment prepara-
tion, specific skills training in emerging and es-
tablished professions, retraining of military med-
ical personnel, retraining of individuals dis-
placed by corporate or military restructuring,
migrant workers, and other individuals who oth-
erwise would not have access to such services,
through multi-site, multi-State distance learning
technologies.
‘‘(B) PROGRAM.—Such program may be
carried out directly or through grants, contracts,
cooperative agreements, or through the national
center or centers.
‘‘(f) DEFINITION.—As used in this section, the term
‘institution of higher education’ has the meaning given the
term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be nec-
essary for fiscal year 1998 and such sums as may be nec-
essary for each of the 4 succeeding fiscal years to carry out
this part.’’.
SEC. 302. TECH-PREP EDUCATION.
Part B of title III is amended to read as follows:
‘‘PART C—TECH-PREP EDUCATION
‘‘SEC. 321. TECH-PREP EDUCATION.
‘‘(a) PROGRAM AUTHORIZED.—The State board, in ac-
cordance with the provisions of this part, shall award
grants to consortia on a competitive basis or on the basis
of a formula determined by the State board, for tech-prep
education programs.
‘‘(b) GENERAL AUTHORITY.—Each grant recipient
shall use amounts provided under the grant to develop and
operate a 4-year tech-prep education program.
‘‘(c) CONTENTS
OF PROGRAM.—Any such program
shall—
‘‘(1) be carried out under an articulation agree-
ment between the participants in the consortium;
‘‘(2) consist of the 2 or 4 years of secondary
school preceding graduation and 2 years of higher
education, or an apprenticeship program of at least
2 years following secondary instruction, with a com-
mon core of required proficiency in mathematics,
science, communications, and technologies designed to
lead to an associate degree or postsecondary certificate
in a specific career field;
‘‘(3) include the development of tech-prep edu-
cation program components appropriate to the needs
of the consortium participants;
‘‘(4) include in-service training for teachers
that—
‘‘(A) is designed to train vocational-tech-
nical teachers to effectively implement tech-prep
education programs;
‘‘(B) provides for joint training for teachers
in the tech-prep consortium; and
‘‘(C) may provide such training in weekend,
evening, and summer sessions, institutes, or
workshops;
‘‘(5) include training programs for counselors
designed to enable counselors to more effectively—
‘‘(A) provide information to students re-
garding tech-prep education programs;
‘‘(B) support student progress in completing
such programs; and
‘‘(C) provide information on related em-
ployment opportunities;
‘‘(6) provide equal access to the full range of
technical preparation programs to individuals who
are members of special populations, including the de-
velopment of tech-prep education program services
appropriate to the needs of such individuals; and
‘‘(7) provide for preparatory services that assist
participants in such programs.
‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each
such program may—
‘‘(1) provide for the acquisition of tech-prep edu-
cation program equipment; and
‘‘(2) acquire technical assistance from State or
local entities that have successfully designed, estab-
lished and operated tech-prep programs.
‘‘SEC. 322. APPLICATIONS.
‘‘(a) IN GENERAL.—Each consortium that desires to
receive a grant under this part shall submit an application
to the State board, as appropriate, at such time and in
such manner as the State board shall prescribe.
‘‘(b) PLAN.—Each application submitted under this
section shall contain a 5-year plan for the development and
implementation of programs under this part.
‘‘(c) APPROVAL.—The State board shall approve appli-
cations based on their potential to create an effective tech-
prep education program as provided for in this section.
‘‘(d) SPECIAL CONSIDERATION.—The State board, as
appropriate, shall give special consideration to applications
which—
‘‘(1) provide for effective employment placement
activities or transfer of students to 4-year bacca-
laureate degree programs;
‘‘(2) are developed in consultation with business,
industry, institutions of higher education, and rep-
resentatives of employees;
‘‘(3) address effectively the issues of dropout pre-
vention and reentry and the needs of special popu-
lations.
‘‘SEC. 323. REPORT.
‘‘Each State that receives a grant under this part shall
annually prepare and submit to the Secretary a report on
the effectiveness of their Tech-Prep programs, including how
competitive grants were awarded within the State.
‘‘SEC. 324. ALLOTMENT.
‘‘The Secretary shall allot funds under this part in
each fiscal year in the same manner as funds are allotted
under section 101(a)(2).
‘‘SEC. 325. AUTHORIZATION.
‘‘(a) IN GENERAL.—From amounts made available
under section 3(a), 10 percent shall be used to carry out
this part for fiscal year 1998 and for each of the 4 succeed-
ing fiscal years.
‘‘(b) MINIMUM AMOUNT.—No State shall receive a
grant of less than $200,000 under this part in any fiscal
year.’’.
SEC. 303. VOCATIONAL-TECHNICAL EDUCATION AND OCCU-
PATIONAL INFORMATION DATA SYSTEMS.
Part C of title IV is amended—
(1) by striking the part heading and inserting
the following:
‘‘PART B—VOCATIONAL-TECHNICAL EDUCATION
INFORMATION’’;
(2) by redesignating sections 421 through 424 as
sections 311 through 314, respectively.
(3) by amending subsection (e) of section 312, as
redesignated under paragraph (2), to read as follows:
‘‘(e) There are authorized to be appropriated for each
of fiscal years 1998 through 2002 such sums as may be nec-
essary to carry out this part.’’;
(4) in section 313(a)(1), as redesignated in para-
graph (2), by striking ‘‘421’’ and inserting ‘‘311’’;
and
(5) by adding at the end of such part the follow-
ing new section:
‘‘SEC. 315. AUTHORIZATION OF APPROPRIATIONS
‘‘There are authorized to be appropriated for this part
such sums as may be necessary for fiscal year 1998 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
SEC. 304. REPEALS.
(a) TITLE III.—Part C of title III of the Act, as the
Act was in effect on the day before the date of the enactment
of this Act, is repealed.
(b) TITLE IV.—The heading for title IV and parts A,
B, E, and F of such title of the Act are repealed.
TITLE IV—GENERAL PROVISIONS
SEC. 401. GENERAL PROVISIONS.
Title V of the Act is amended to read as follows:
‘‘TITLE IV—GENERAL
PROVISIONS
‘‘PART A—FEDERAL ADMINISTRATIVE
PROVISIONS
‘‘SEC. 401. PAYMENTS.
‘‘The Secretary shall pay from its allotment under sec-
tion 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 application)
the Federal share of the costs of carrying out the State ap-
plication.
‘‘SEC. 402. FISCAL REQUIREMENTS.
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds received
under this Act shall be used to supplement, not supplant,
the amount of funds that would, in the absence of such Fed-
eral funds, be made available from non-Federal sources for
vocational-technical education programs.
‘‘(b) MAINTENANCE OF EFFORT.—
‘‘(1) DETERMINATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), no payments shall
be made under this title for any program year
to a State for vocational-technical education pro-
grams unless the Secretary of Education deter-
mines that the fiscal effort per student or the ag-
gregate expenditures of such State for vocational-
technical programs for the fiscal year preceding
the fiscal year for which the determination is
made, equaled or exceeded such effort or expendi-
tures for vocational-technical education pro-
grams, for the second program year preceding
the fiscal year for which the determination is
made.
‘‘(B) COMPUTATION.—In computing the fis-
cal effort or aggregate expenditures pursuant to
subparagraph (A), the Secretary of Education
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-tech-
nical education programs under this Act for a
fiscal year is less than the amount made avail-
able for vocational-technical education programs
under this Act for the preceding fiscal year, then
the fiscal effort per student or the aggregate ex-
penditures of a State required by subparagraph
(B) for such preceding fiscal year shall be de-
creased by the same percentage as the percentage
decrease in the amount so made available.
‘‘(2) WAIVER.—The Secretary may waive the re-
quirements of paragraph (1) (with respect to not more
than 5 percent of expenditures required for the pre-
ceding fiscal year by any State) for 1 program year
only, after making a determination that such waiver
would be equitable due to exceptional or uncontrol-
lable circumstances affecting the ability of the State
to meet such requirements, such as a natural disaster
or an unforeseen and precipitous decline in financial
resources. No level of funding permitted under such a
waiver may be used as the basis for computing the
fiscal effort or aggregate expenditures required under
this paragraph for years subsequent to the year cov-
ered by such waiver. The fiscal effort or aggregate ex-
penditures 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 con-
tracts under this Act shall be available only to such extent
or in such amounts as are provided in advance appropria-
tion 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.
‘‘SEC. 406. LIMITATION FOR CERTAIN STUDENTS.
‘‘None of the funds received under this Act may be used
to provide vocational-technical education programs to stu-
dents prior to the seventh grade, except that equipment and
facilities purchased with funds under this Act may be used
by such students.
‘‘SEC. 407. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
‘‘Nothing in this Act shall be construed to be inconsist-
ent with applicable Federal laws guaranteeing civil rights.
‘‘SEC. 408. AUTHORIZATION OF SECRETARY.
‘‘For the purposes of increasing and expanding the use
of technology in vocational-technical education instruction,
including the training of vocational-technical education
personnel as provided in title II, the Secretary is authorized
to receive funds collected by the Federal Government from
fees for the use of property, rights-of-way, and easements
under the control of Federal departments and agencies for
the placement of telecommunications services that are de-
pendent, in whole or in part, upon the utilization of general
spectrum rights for the transmission or reception of such
services.
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS
‘‘SEC. 411. JOINT FUNDING.
‘‘(a) GENERAL AUTHORITY.—Funds made available to
States under this Act may be used to provide additional
funds under an applicable program if—
‘‘(1) such program otherwise meets the require-
ments of this Act and the requirements of the applica-
ble program;
‘‘(2) such program serves the same individuals
that are served under this Act;
‘‘(3) such program provides services in a coordi-
nated manner with services provided under this Act;
and
‘‘(4) such funds would be used to supplement,
and not supplant, funds provided from non-Federal
sources.
‘‘(b) APPLICABLE PROGRAM.—For the purposes of this
section, the term ‘applicable program’ means any program
under any of the following provisions of law:
‘‘(1) Section 123, title II, and title III of the Job
Training Partnership Act.
‘‘(2) The Wagner-Peyser Act.
‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For the
purposes of this section, the term ‘additional funds’ does
not include the use of funds as matching funds.
‘‘SEC. 412. PROHIBITION ON USE OF FUNDS TO INDUCE
OUT-OF-STATE RELOCATION OF BUSINESSES.
‘‘No funds provided under this Act shall be used for
the purpose of directly providing incentives or inducements
to an employer to relocate a business enterprise from one
State to another State if such relocation would result in
a reduction in the number of jobs available in the State
where the business enterprise is located before such incen-
tives or inducements are offered.
‘‘SEC. 413. STATE ADMINISTRATIVE COSTS.
‘‘For each fiscal year for which a State receives assist-
ance under this Act, the State shall provide from non-Fed-
eral sources for costs the State incurs for administration
of programs under this Act an amount that is not less than
the amount provided by the State from non-Federal sources
for such costs for the preceding fiscal year.
‘‘SEC. 414. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary may issue regulations under this Act
only to the extent necessary to administer and ensure com-
pliance with the specific requirements of this Act.
‘‘SEC. 415. STUDENT ASSISTANCE AND OTHER FEDERAL
PROGRAMS.
‘‘(a) ATTENDANCE COSTS NOT TREATED AS INCOME
OR RESOURCES.—The portion of any student financial as-
sistance received under this Act that is made available for
attendance costs described in subsection (b) shall not be con-
sidered as income or resources in determining eligibility for
assistance under any other program funded in whole or in
part with Federal funds.
‘‘(b) ATTENDANCE COSTS.—The attendance costs de-
scribed in this subsection are—
‘‘(1) tuition and fees normally assessed a student
carrying the same academic workload as determined
by the institution, and including costs for rental or
purchase of any equipment, materials, or supplies re-
quired of all students in the same course of study; and
‘‘(2) an allowance for books, supplies, transpor-
tation, dependent care, and miscellaneous personal ex-
penses for a student attending the institution on at
least a half-time basis, as determined by the institu-
tion.
‘‘(c) COSTS OF VOCATIONAL-TECHNICAL EDUCATION
SERVICES.—Funds made available under title II may be
used to pay for the costs of vocational-technical education
services required in an individualized education plan devel-
oped pursuant to section 614(d) of the Individuals with
Disabilities Education Act and services necessary to meet
the requirements of section 504 of the Rehabilitation Act
of 1973 with respect to ensuring equal access to vocational-
technical education.
‘‘PART C—DEFINITIONS
‘‘SEC. 421. DEFINITIONS.
‘‘Except as otherwise specified in this Act, as used in
this Act:
‘‘(1) ADMINISTRATION.—The term ‘administra-
tion’ means programs of a State necessary for the
proper and efficient performance of its duties under
this Act, including supervision, but does not include
curriculum development programs, personnel develop-
ment, or research programs.
‘‘(2) ALL ASPECTS OF THE INDUSTRY.—The term
‘all aspects of the industry’ means strong experience
in, and comprehensive understanding of, the industry
that individuals are preparing to enter.
‘‘(3) AREA VOCATIONAL-TECHNICAL EDUCATION
SCHOOL.—The term ‘area vocational-technical edu-
cation school’ means—
‘‘(A) a specialized secondary school used ex-
clusively or principally for the provision of voca-
tional-technical education to individuals who are
available for study in preparation for entering
the labor market;
‘‘(B) the department of a secondary school
exclusively or principally used for providing vo-
cational-technical education in not fewer than
five different occupational fields to individuals
who are available for study in preparation for
entering the labor market;
‘‘(C) a technical institute or vocational-tech-
nical education school used exclusively or prin-
cipally for the provision of vocational-technical
education to individuals who have completed or
left secondary school and who are available for
study in preparation for entering the labor mar-
ket, if the institute or school admits as regular
students both individuals who have completed
secondary school and individuals who have left
secondary school; or
‘‘(D) the department or division of a junior
college, or community college, that operates
under the policies of the State board and that
provides vocational-technical education in not
fewer than five different occupational fields lead-
ing to immediate employment but not nec-
essarily leading to a baccalaureate degree, if the
department or division admits as regular stu-
dents both individuals who have completed sec-
ondary school and individuals who have left sec-
ondary school.
‘‘(4) COOPERATIVE EDUCATION.—The term ‘co-
operative education’ means a method of instruction of
education for individuals who, through written coop-
erative arrangements between a school and employers,