In the Senate of the United States,
June 12, 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 1853) entitled ‘‘An Act to amend the Carl D.
Perkins Vocational and Applied Technology Education Act.’’,
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Carl
D. Perkins Vocational and Applied Technology Education
Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Voluntary selection and participation.
Sec. 4. Construction.
TITLE I—VOCATIONAL EDUCATION
Subtitle A—Federal Provisions
Sec. 101. Reservations and State allotment.
Sec. 102. Performance measures and expected levels of performance.
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Sec. 103. Assistance for the outlying areas.
Sec. 104. Indian and Hawaiian Native programs.
Sec. 105. Tribally controlled postsecondary vocational institutions.
Sec. 106. Incentive grants.
Subtitle B—State Provisions
Sec. 111. State administration.
Sec. 112. State use of funds.
Sec. 113. State leadership activities.
Sec. 114. State plan.
Subtitle C—Local Provisions
Sec. 121. Distribution for secondary school vocational education.
Sec. 122. Distribution for postsecondary vocational education.
Sec. 123. Local activities.
Sec. 124. Local application.
Sec. 125. Consortia.
TITLE II—TECH-PREP EDUCATION
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Program authorized.
Sec. 205. Tech-prep education programs.
Sec. 206. Applications.
Sec. 207. Authorization of appropriations.
Sec. 208. Demonstration program.
TITLE III—GENERAL PROVISIONS
Sec. 301. Administrative provisions.
Sec. 302. Evaluation, improvement, and accountability.
Sec. 303. National activities.
Sec. 304. National assessment of vocational education programs.
Sec. 305. National research center.
Sec. 306. Data systems.
Sec. 307. Promoting scholar-athlete competitions.
Sec. 308. Definition.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
TITLE V—REPEAL
Sec. 501. Repeal.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
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(1) in order to be successful workers, citizens,
and learners in the 21st century, individuals will
need—
(A) a combination of strong basic and ad-
vanced academic skills;
(B) computer and other technical skills;
(C) theoretical knowledge;
(D) communications, problem-solving, team-
work, and employability skills; and
(E) the ability to acquire additional knowl-
edge and skills throughout a lifetime;
(2) students participating in vocational edu-
cation can achieve challenging academic and tech-
nical skills, and may learn better and retain more,
when the students learn in context, learn by doing,
and have an opportunity to learn and understand
how academic, vocational, and technological skills are
used outside the classroom;
(3)(A) many high school graduates in the United
States do not complete a rigorous course of study that
prepares the graduates for completing a 2-year or 4-
year college degree or for entering high-skill, high-
wage careers;
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(B) adult students are an increasingly diverse
group and often enter postsecondary education unpre-
pared for academic and technical work; and
(C) certain individuals often face great chal-
lenges in acquiring the knowledge and skills needed
for successful employment;
(4) community colleges, technical colleges, and
area vocational education schools are offering adults
a gateway to higher education, and access to quality
certificates and degrees that increase their skills and
earnings, by—
(A) ensuring that the academic, vocational,
and technological skills gained by students ade-
quately prepare the students for the workforce;
and
(B) enhancing connections with employers
and 4-year institutions of higher education;
(5) local, State, and national programs sup-
ported under the Carl D. Perkins Vocational and Ap-
plied Technology Education Act (20 U.S.C. 2301 et
seq.) (as such Act was in effect on the day before the
date of enactment of this Act) have assisted many stu-
dents in obtaining technical, academic, and employ-
ability skills, and tech-prep education;
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(6) the Federal Government can assist States
and localities by carrying out nationally significant
research, program development, demonstration, dis-
semination, evaluation, data collection, professional
development, and technical assistance activities that
support State and local efforts regarding vocational
education; and
(7) through a performance partnership with
States and localities based on clear programmatic
goals, increased State and local flexibility, improved
accountability, and performance measures, the Fed-
eral Government will provide to States and localities
financial assistance for the improvement and expan-
sion of vocational education for students participat-
ing in vocational education.
(b) PURPOSE.—The purpose of this Act is to make the
United States more competitive in the world economy by
developing more fully the academic, technological, voca-
tional, and employability skills of secondary students and
postsecondary students who elect to enroll in vocational edu-
cation 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
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technological instruction, and that link secondary and
postsecondary education for participating vocational
education students;
(3) increasing State and local flexibility in pro-
viding services and activities designed to develop, im-
plement, and improve vocational education, including
tech-prep education; and
(4) disseminating national research, and provid-
ing professional development and technical assistance,
that will improve vocational education programs,
services, and activities.
SEC. 3. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this Act shall be
used—
(1) to require any secondary school student to
choose or pursue a specific career path or major; and
(2) to mandate that any individual participate
in a vocational education program, including a voca-
tional education program that requires the attain-
ment of a federally funded skill level or standard.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect
of a private, religious, or home school, regardless of whether
a home school is treated as a private school or home school
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under State law. This section shall not be construed to bar
students attending private, religious, or home schools from
participation in programs or services under this Act.
TITLE I—VOCATIONAL
EDUCATION
Subtitle A—Federal Provisions
SEC. 101. RESERVATIONS AND STATE ALLOTMENT.
(a) RESERVATIONS AND STATE ALLOTMENT.—
(1) RESERVATIONS.—From the sum appro-
priated under section 401 for each fiscal year, the
Secretary shall reserve—
(A) 0.2 percent to carry out section 103;
(B) 1.80 percent to carry out sections 104
and 105, of which—
(i) 1.25 percent of the sum shall be
available to carry out section 104(b);
(ii) 0.25 percent of the sum shall be
available to carry out section 104(c); and
(iii) 0.30 percent of the sum shall be
available to carry out section 105; and
(C) 1.3 percent to carry out sections 106,
303, 304, 305, and 306, of which not less than
0.65 percent of the sum shall be available to
carry out section 106 for each of the fiscal years
2001 through 2005.
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(2) STATE
ALLOTMENT
FORMULA.—Subject to
paragraphs (3) and (4), from the remainder of the
sums appropriated under section 401 and not re-
served under paragraph (1) for a fiscal year, the Sec-
retary 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 prod-
uct 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 prod-
uct 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 prod-
uct of the population aged 25 to 65, inclusive, in
the State in the fiscal year preceding the fiscal
year for which the determination is made and
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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 subpara-
graphs (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 provision of law and subject to subpara-
graphs (B) and (C), and paragraph (4), no State
shall receive for a fiscal year under this sub-
section less than 1⁄2 of 1 percent of the amount
appropriated under section 401 and not reserved
under paragraph (1) for such fiscal year.
Amounts necessary 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.—Due to the applica-
tion of subparagraph (A), for any fiscal year, no
State shall receive more than 150 percent of the
amount the State received under this subsection
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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 Tech-
nology Education Act, as such section was in ef-
fect on the day before the date of enactment of
this Act).
(C) SPECIAL RULE.—
(i) IN
GENERAL.—Subject to para-
graph (4), no State, by reason of subpara-
graph (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 fis-
cal year (or in the case of fiscal year
1999 only, under section 101 of the
Carl D. Perkins Vocational and Ap-
plied Technology Education Act, as
such section was in effect on the day
before the date of enactment of this
Act); and
(II) the amount calculated under
clause (ii).
(ii) AMOUNT.—The amount calculated
under this clause shall be determined by
multiplying—
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(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 Ap-
plied Technology Education Act, as
such section was in effect on the day
before the date of enactment of this
Act).
(4) HOLD HARMLESS.—
(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 Vo-
cational and Applied Technology Education Act
(20 U.S.C. 2311 et seq.) (as such part was in ef-
fect on the day before the date of enactment of
this Act) for fiscal year 1997.
(B) RATABLE REDUCTION.—If for any fis-
cal year the amount appropriated for allotments
under this section is insufficient to satisfy the
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provisions of subparagraph (A), the payments to
all States under such subparagraph shall be rat-
ably 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 avail-
able for reallotment. Any such reallotment 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
subsection for any fiscal year shall remain available for ob-
ligation 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 obligated.
(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 Com-
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monwealth 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 Com-
monwealth of Puerto Rico and the United
States Virgin Islands shall be 0.60.
(2) PROMULGATION.—The allotment ratios shall
be promulgated 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 in-
comes 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 in-
come’’ 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 pur-
poses of this section, population shall be determined
by the Secretary on the basis of the latest estimates
available to the Department of Education.
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(d) DEFINITION OF STATE.—For the purpose of this
section, the term ‘‘State’’ means each of the several States
of the United States, the Commonwealth of Puerto Rico, the
District of Columbia, and the United States Virgin Islands.
SEC. 102. PERFORMANCE MEASURES AND EXPECTED LEV-
ELS OF PERFORMANCE.
(a) PUBLICATION OF PERFORMANCE MEASURES.—
(1) IN GENERAL.—The Secretary shall publish
the following performance measures to assess the
progress of each eligible agency:
(A) Student attainment of academic skills.
(B) Student attainment of job readiness
skills.
(C) Student attainment of vocational skill
proficiencies for students in vocational education
programs, that are necessary for the receipt of a
secondary school diploma or its recognized equiv-
alent, or a secondary school skill certificate.
(D) Receipt of a postsecondary degree or
certificate.
(E) Retention in, and completion of, sec-
ondary school education (as determined under
State law), placement in, retention in, and com-
pletion of postsecondary education, employment,
or military service.
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(F) Participation in and completion of vo-
cational education programs that lead to non-
traditional employment.
(2) SPECIAL RULE.—The Secretary shall estab-
lish 1 set of performance measures for students served
under this Act, including populations described in
section 114(c)(16).
(b) EXPECTED LEVELS OF PERFORMANCE.—In devel-
oping a State plan, each eligible agency shall negotiate with
the Secretary the expected levels of performance for the per-
formance measures described in subsection (a).
SEC. 103. ASSISTANCE FOR THE OUTLYING AREAS.
(a) IN GENERAL.—From the funds reserved under sec-
tion 101(a)(1)(A), the Secretary—
(1) shall award a grant in the amount of
$500,000 to Guam for vocational education and
training for the purpose of providing direct edu-
cational services related to vocational education, in-
cluding—
(A) teacher and counselor training and re-
training;
(B) curriculum development; and
(C) improving vocational education pro-
grams in secondary schools and institutions of
higher education, or improving cooperative edu-
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cation programs involving both secondary schools
and institutions of higher education; and
(2) shall award a grant in the amount of
$190,000 to each of American Samoa and the Com-
monwealth of the Northern Mariana Islands for voca-
tional education for the purpose described in para-
graph (1).
(b) SPECIAL RULE.—
(1) IN GENERAL.—From funds reserved under
section 101(a)(1)(A) and not awarded under sub-
section (a), the Secretary shall make available the
amount awarded to the Republic of the Marshall Is-
lands, the Federated States of Micronesia, and the Re-
public of Palau under section 101A of the Carl D.
Perkins Vocational and Applied Technology Edu-
cation Act (as such section was in effect on the day
before the date of enactment of this Act) to award
grants under the succeeding sentence. From the
amount made available under the preceding sentence,
the Secretary shall award grants, to Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, or the Republic of Palau
for the purpose described in subsection (a)(1).
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(2) AWARD BASIS.—The Secretary shall award
grants pursuant to paragraph (1) on a competitive
basis and pursuant to recommendations from the Pa-
cific Region Educational Laboratory in Honolulu,
Hawaii.
(3) TERMINATION
OF
ELIGIBILITY.—Notwith-
standing any other provision of law, the Republic of
the Marshall Islands, the Federated States of Microne-
sia, and the Republic of Palau shall not receive any
funds under this Act for any fiscal year that begins
after September 30, 2004.
(4) ADMINISTRATIVE
COSTS.—The Secretary
may provide not more than 5 percent of the funds
made available for grants under this subsection to
pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities assisted
under this subsection.
SEC. 104. INDIAN AND HAWAIIAN NATIVE PROGRAMS.
(a) DEFINITIONS; AUTHORITY OF SECRETARY.—
(1) DEFINITIONS.—For the purpose of this sec-
tion—
(A) the term ‘‘Act of April 16, 1934’’ means
the Act entitled ‘‘An Act authorizing the Sec-
retary of the Interior to arrange with States or
territories for the education, medical attention,
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relief of distress, and social welfare of Indians,
and for other purposes’’, enacted April 16, 1934
(48 Stat. 596; 25 U.S.C. 452 et seq.);
(B) 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);
(C) the term ‘‘Hawaiian native’’ means any
individual any of whose ancestors were natives,
prior to 1778, of the area which now comprises
the State of Hawaii; and
(D) the terms ‘‘Indian’’ and ‘‘Indian tribe’’
have the meanings given the terms in section 2
of the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801).
(2) AUTHORITY.—From the funds reserved pur-
suant to section 101(a)(1)(B), the Secretary shall
award grants and enter into contracts for Indian and
Hawaiian native programs in accordance with this
section, except that such programs shall not include
secondary school programs in Bureau funded schools.
(b) INDIAN PROGRAMS.—
(1) AUTHORITY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), from the funds reserved pur-
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suant to section 101(a)(1)(B)(i), the Secretary is
directed—
(i) upon the request of any Indian
tribe, or a tribal organization serving an
Indian tribe, which is eligible to contract
with the Secretary of the Interior for the ad-
ministration of programs under the Indian
Self-Determination Act (25 U.S.C. 450 et
seq.) or under the Act of April 16, 1934; or
(ii) upon an application received from
a Bureau funded school offering postsecond-
ary or adult education programs filed at
such time and under such conditions as the
Secretary may prescribe,
to make grants to or enter into contracts with
any Indian tribe or tribal organization, or to
make a grant to such Bureau funded school, as
appropriate, to plan, conduct, and administer
programs or portions of programs authorized by,
and consistent with the purpose of, this Act.
(B) REQUIREMENTS.—The grants or con-
tracts described in subparagraph (A), shall be
subject to the following:
(i) TRIBES
AND
TRIBAL
ORGANIZA-
TIONS.—Such grants or contracts with any
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tribes 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 ac-
cordance 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.
(ii) BUREAU FUNDED SCHOOLS.—Such
grants to Bureau funded schools shall not be
subject to the requirements of the Indian
Self-Determination Act (25 U.S.C. 450f et
seq.) or the Act of April 16, 1934.
(C) REGULATIONS.—If the Secretary pro-
mulgates any regulations applicable to subpara-
graph (B), the Secretary shall—
(i) confer with, and allow for active
participation by, representatives of Indian
tribes, tribal organizations, and individual
tribal members; and
(ii) promulgate the regulations under
subchapter III of chapter 5 of title 5,
United States Code, commonly known as
the ‘‘Negotiated Rulemaking Act of 1990’’.
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(D) APPLICATION.—Any Indian tribe, trib-
al organization, or Bureau funded school eligible
to receive assistance under this paragraph may
apply individually or as part of a consortium
with another such Indian tribe, tribal organiza-
tion, or Bureau funded school.
(E) PERFORMANCE MEASURES AND EVALUA-
TION.—Any Indian tribe, tribal organization, or
Bureau funded school that receives assistance
under this section shall—
(i) establish performance measures and
expected levels of performance to be achieved
by students served under this section; and
(ii) evaluate the quality and effective-
ness of activities and services provided
under this subsection.
(F) MINIMUM.—In the case of a Bureau
funded school, the minimum amount of a grant
awarded or contract entered into under this sec-
tion shall be $35,000.
(G) RESTRICTIONS.—The Secretary may
not place upon grants awarded or contracts en-
tered into under this paragraph any restrictions
relating to programs other than restrictions that
apply to grants made to or contracts entered into
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with States pursuant to allotments under section
101(a). The Secretary, in awarding grants and
entering into contracts under this paragraph,
shall ensure that the grants and contracts will
improve vocational education programs, and
shall give special consideration to—
(i) grants or contracts which involve,
coordinate with, or encourage tribal eco-
nomic development plans; and
(ii) applications from tribally con-
trolled community colleges that—
(I) are accredited or are can-
didates for accreditation by a nation-
ally recognized accreditation organiza-
tion as an institution of postsecondary
vocational education; or
(II) operate vocational education
programs that are accredited or are
candidates for accreditation by a na-
tionally recognized accreditation orga-
nization, and issue certificates for com-
pletion of vocational education pro-
grams.
(H) STIPENDS.—
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(i) IN GENERAL.—Funds received pur-
suant to grants or contracts described in
subparagraph (A) may be used to provide
stipends to students who are enrolled in vo-
cational education programs and who have
acute economic needs which cannot be met
through work-study programs.
(ii) AMOUNT.—Stipends described in
clause (i) shall not exceed reasonable
amounts as prescribed by the Secretary.
(2) MATCHING.—If sufficient funding is avail-
able, 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 In-
dian Affairs shall expend no less than the amount ex-
pended during the prior fiscal year on vocational
education programs, services, and activities adminis-
tered 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 Af-
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ally controlled postsecondary vocational institutions to en-
sure continued and expanded educational opportunities for
Indian students, and to allow for the improvement and ex-
pansion of the physical resources of such institutions.
(b) GRANTS AUTHORIZED.—
(1) IN GENERAL.—From the funds reserved pur-
suant to section 101(a)(1)(B)(iii), the Secretary shall
make grants to tribally controlled postsecondary voca-
tional institutions to provide basic support for the vo-
cational education and training of Indian students.
(2) AMOUNT OF GRANTS.—
(A) IN GENERAL.—If the sum appropriated
for any fiscal year for grants under this section
is not sufficient to pay in full the total amount
that approved applicants are eligible to receive
under this section for such fiscal year, the Sec-
retary shall first allocate to each such applicant
that received funds under this part for the pre-
ceding fiscal year an amount equal to 100 per-
cent of the product of the per capita payment for
the preceding fiscal year and such applicant’s
Indian student count for the current program
year, plus an amount equal to the actual cost of
any increase to the per capita figure resulting
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from inflationary increases to necessary costs be-
yond the institution’s control.
(B) PER CAPITA DETERMINATION.—For the
purposes of paragraph (1), the per capita pay-
ment for any fiscal year shall be determined by
dividing the amount available for grants to trib-
ally controlled postsecondary vocational institu-
tions under this part for such program year by
the sum of the Indian student counts of such in-
stitutions for such program year. The Secretary
shall, on the basis of the most accurate data
available from the institutions, compute the In-
dian student count for any fiscal year for which
such count was not used for the purpose of mak-
ing allocations under this section.
(c) ELIGIBLE GRANT RECIPIENTS.—To be eligible for
assistance under this section a tribally controlled post-
secondary vocational institution shall—
(1) be governed by a board of directors or trust-
ees, a majority of whom are Indians;
(2) demonstrate adherence to stated goals, a phi-
losophy, or a plan of operation which fosters individ-
ual Indian economic and self-sufficiency opportunity,
including programs that are appropriate to stated
tribal goals of developing individual entrepreneur-
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ships and self-sustaining economic infrastructures on
reservations;
(3) have been in operation for at least 3 years;
(4) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational education; and
(5) enroll the full-time equivalency of not less
than 100 students, of whom a majority are Indians.
(d) GRANT REQUIREMENTS.—
(1) 
APPLICATIONS.—Any 
tribally 
controlled
postsecondary vocational institution that desires to
receive a grant under this section shall submit an ap-
plication to the Secretary. Such application shall in-
clude a description of recordkeeping procedures for the
expenditure of funds received under this section that
will allow the Secretary to audit and monitor pro-
grams.
(2) NUMBER.—The Secretary shall award not
less than 2 grants under this section for each fiscal
year.
(3) CONSULTATION.—In awarding grants under
this section, the Secretary shall, to the extent prac-
ticable, consult with the boards of trustees of, and the
tribal governments chartering, the institutions desir-
ing the grants.
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(4) 
LIMITATION.—Amounts 
made 
available
through grants under this section shall not be used in
connection with religious worship or sectarian in-
struction.
(e) USES OF GRANTS.—
(1) IN GENERAL.—The Secretary shall, subject to
the availability of appropriations, provide for each
program year to each tribally controlled postsecond-
ary vocational institution having an application ap-
proved by the Secretary, an amount necessary to pay
expenses associated with—
(A) the maintenance and operation of the
program, including development costs, costs of
basic and special instruction (including special
programs for individuals with disabilities and
academic instruction), materials, student costs,
administrative expenses, boarding costs, trans-
portation, student services, daycare and family
support programs for students and their families
(including contributions to the costs of education
for dependents), and student stipends;
(B) capital expenditures, including oper-
ations and maintenance, and minor improve-
ments and repair, and physical plant mainte-
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nance costs, for the conduct of programs funded
under this section; and
(C) costs associated with repair, upkeep, re-
placement, and upgrading of the instructional
equipment.
(2) ACCOUNTING.—Each institution receiving a
grant under this section shall provide annually to the
Secretary an accurate and detailed accounting of the
institution’s operating and maintenance expenses and
such other information concerning costs as the Sec-
retary may reasonably require.
(f) EFFECT ON OTHER PROGRAMS.—
(1) IN
GENERAL.—Except as specifically pro-
vided in this Act, eligibility for assistance under this
section shall not preclude any tribally controlled post-
secondary vocational institution from receiving Fed-
eral financial assistance under any program author-
ized under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) or any other applicable program
for the benefit of institutions of higher education or
vocational education.
(2) PROHIBITION
ON
ALTERATION
OF
GRANT
AMOUNT.—The amount of any grant for which trib-
ally controlled postsecondary vocational institutions
are eligible under this section shall not be altered be-
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cause of funds allocated to any such institution from
funds appropriated under the Act of November 2,
1921 (commonly known as the ‘‘Snyder Act’’) (42
Stat. 208, chapter 115; 25 U.S.C. 13).
(3) PROHIBITION
ON
CONTRACT
DENIAL.—No
tribally controlled postsecondary vocational institu-
tion for which an Indian tribe has designated a por-
tion of the funds appropriated for the tribe from
funds appropriated under such Act of November 2,
1921, may be denied a contract for such portion
under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.) (except as pro-
vided in that Act), or denied appropriate contract
support to administer such portion of the appro-
priated funds.
(g) NEEDS ESTIMATE AND REPORT ON FACILITIES
AND FACILITIES IMPROVEMENT.—
(1) NEEDS
ESTIMATE.—The Secretary shall,
based on the most accurate data available from the
institutions and Indian tribes whose Indian students
are served under this section, and in consideration of
employment needs, economic development needs, pop-
ulation training needs, and facilities needs, prepare
an actual budget needs estimate for each institution
eligible under this section for each subsequent pro-
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gram year, and submit such budget needs estimate to
Congress in such a timely manner as will enable the
appropriate committees of Congress to consider such
needs data for purposes of the uninterrupted flow of
adequate appropriations to such institutions. Such
data shall take into account the goals and require-
ments of the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996 (Public Law
104–193; 110 Stat. 2105).
(2) STUDY OF TRAINING AND HOUSING NEEDS.—
(A) IN GENERAL.—The Secretary shall con-
duct a detailed study of the training, housing,
and immediate facilities needs of each institu-
tion eligible under this section. The study shall
include an examination of—
(i) training equipment needs;
(ii) housing needs of families whose
heads of households are students and whose
dependents have no alternate source of sup-
port while such heads of households are stu-
dents; and
(iii) immediate facilities needs.
(B) REPORT.—The Secretary shall report to
Congress not later than July 1, 1999, on the re-
sults of the study required by subparagraph (A).
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(C) CONTENTS.—The report required by
subparagraph (B) shall include the number,
type, and cost of meeting the needs described in
subparagraph (A), and rank each institution by
relative need.
(D) PRIORITY.—In conducting the study re-
quired by subparagraph (A), the Secretary shall
give priority to institutions that are receiving
assistance under this section.
(3) LONG-TERM STUDY OF FACILITIES.—
(A) IN GENERAL.—The Secretary shall pro-
vide for the conduct of a long-term study of the
facilities of each institution eligible for assist-
ance under this section.
(B) CONTENTS.—The study required by
subparagraph (A) shall include a 5-year projec-
tion of training facilities, equipment, and hous-
ing needs and shall consider such factors as pro-
jected service population, employment, and eco-
nomic development forecasting, based on the most
current and accurate data available from the in-
stitutions and Indian tribes affected.
(C) SUBMISSION.—The Secretary shall sub-
mit to Congress a detailed report on the results
of such study not later than the end of the 18-
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month period beginning on the date of enactment
of this Act.
(h) DEFINITIONS.—For the purposes of this section:
(1) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’
and ‘‘Indian tribe’’ have the meaning given such
terms in section 2 of the Tribally Controlled Commu-
nity College Assistance Act of 1978 (25 U.S.C. 1801).
(2) TRIBALLY CONTROLLED POSTSECONDARY VO-
CATIONAL
INSTITUTION.—The term ‘‘tribally con-
trolled postsecondary vocational institution’’ means
an institution of higher education that—
(A) is formally controlled, or has been for-
mally sanctioned or chartered by the governing
body of an Indian tribe or tribes; and
(B) offers technical degrees or certificate
granting programs.
(3) INDIAN STUDENT COUNT.—The term ‘‘Indian
student count’’ means a number equal to the total
number of Indian students enrolled in each tribally
controlled postsecondary vocational institution, deter-
mined as follows:
(A) REGISTRATIONS.—The registrations of
Indian students as in effect on October 1 of each
year.
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(B) SUMMER TERM.—Credits or clock hours
toward a certificate earned in classes offered dur-
ing a summer term shall be counted toward the
computation of the Indian student count in the
succeeding fall term.
(C) ADMISSION CRITERIA.—Credits or clock
hours toward a certificate earned in classes dur-
ing a summer term shall be counted toward the
computation of the Indian student count if the
institution at which the student is in attendance
has established criteria for the admission of such
student on the basis of the student’s ability to
benefit from the education or training offered.
The institution shall be presumed to have estab-
lished such criteria if the admission procedures
for such studies include counseling or testing
that measures the student’s aptitude to success-
fully complete the course in which the student
has enrolled. No credit earned by such student
for purposes of obtaining a secondary school di-
ploma or its recognized equivalent shall be count-
ed toward the computation of the Indian student
count.
(D) DETERMINATION
OF
HOURS.—Indian
students earning credits in any continuing edu-
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cation program of a tribally controlled post-
secondary vocational institution shall be in-
cluded in determining the sum of all credit or
clock hours.
(E) CONTINUING
EDUCATION.—Credits or
clock hours earned in a continuing education
program shall be converted to the basis that is in
accordance with the institution’s system for pro-
viding credit for participation in such programs.
SEC. 106. INCENTIVE GRANTS.
(a) IN GENERAL.—The Secretary may make grants to
States that exceed the expected levels of performance for per-
formance measures established under this Act.
(b) USE OF FUNDS.—A State that receives an incen-
tive grant under this section shall use the funds made avail-
able through the grant to carry out innovative vocational
education, adult education and literacy, or workforce in-
vestment programs as determined by the State.
Subtitle B—State Provisions
SEC. 111. STATE ADMINISTRATION.
Each eligible agency shall be responsible for the State
administration of activities under this title, including—
(1) the development, submission, and implemen-
tation of the State plan;
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(2) the efficient and effective performance of the
eligible agency’s duties under this title; and
(3) consultation with other appropriate agencies,
groups, and individuals that are involved in the de-
velopment and implementation of activities assisted
under this title, such as employers, parents, students,
teachers, labor organizations, State and local elected
officials, and local program administrators.
SEC. 112. STATE USE OF FUNDS.
(a) RESERVATIONS.—From funds allotted to each
State under section 101(a) for each fiscal year, the eligible
agency shall reserve—
(1) not more than 14 percent of the funds to
carry out section 113;
(2) not more than 10 percent of the funds, or
$300,000, whichever is greater, of which—
(A) $60,000 shall be available to provide
technical assistance and advice to local edu-
cational agencies, postsecondary educational in-
stitutions, and other interested parties in the
State for gender equity activities; and
(B) the remainder may be used to—
(i) develop the State plan;
(ii) review local applications;
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(iii) monitor and evaluate program ef-
fectiveness;
(iv) provide technical assistance; and
(v) assure compliance with all applica-
ble Federal laws, including required services
and activities for individuals who are mem-
bers of populations described in section
114(c)(16); and
(3) 1 percent of the funds, or the amount the
State expended under the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C.
2301 et seq.) for vocational education programs for
criminal offenders for the fiscal year 1997, whichever
is greater, to carry out programs for criminal offend-
ers.
(b) REMAINDER.—From funds allotted to each State
under section 101(a) for each fiscal year and not reserved
under subsection (a), the eligible agency shall determine the
portion of the funds that will be available to carry out sec-
tions 121 and 122.
(c) MATCHING REQUIREMENT.—Each eligible agency
receiving funds under this title shall match, from non-Fed-
eral sources and on a dollar-for-dollar basis, the funds re-
ceived under subsection (a)(2).
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SEC. 113. STATE LEADERSHIP ACTIVITIES.
(a) MANDATORY.—Each eligible agency shall use the
funds reserved under section 112(a)(1) to conduct programs,
services, and activities that further the development, imple-
mentation, and improvement of vocational education with-
in the State and that are integrated, to the maximum extent
possible, with challenging State academic standards, in-
cluding—
(1) providing comprehensive professional devel-
opment (including initial teacher preparation) for vo-
cational, academic, guidance, and administrative per-
sonnel, that—
(A) will help the teachers and personnel to
assist students in meeting the expected levels of
performance established under section 102;
(B) reflects the eligible agency’s assessment
of the eligible agency’s needs for professional de-
velopment; and
(C) is integrated with the professional devel-
opment activities that the State carries out
under title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6001 et seq.);
(2) developing and disseminating curricula that
are aligned, as appropriate, with challenging State
academic standards, and vocational and technological
skills;
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(3) monitoring and evaluating the quality of,
and improvement in, activities conducted with assist-
ance under this title;
(4) providing gender equity programs in second-
ary and postsecondary vocational education;
(5) supporting tech-prep education activities;
(6) improving and expanding the use of tech-
nology in instruction;
(7) supporting partnerships among local edu-
cational agencies, institutions of higher education,
adult education providers, and, as appropriate, other
entities, such as employers, labor organizations, par-
ents, and local partnerships, to enable students to
achieve State academic standards, and vocational and
technological skills; and
(8) serving individuals in State institutions,
such as State correctional institutions and institu-
tions that serve individuals with disabilities.
(b) PERMISSIVE.—Each eligible agency may use the
funds reserved under section 112(a)(1) for—
(1) improving guidance and counseling pro-
grams that assist students in making informed edu-
cation and vocational decisions;
(2) supporting vocational student organizations,
especially with respect to efforts to increase the par-
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ticipation of students who are members of populations
described in section 114(c)(16);
(3) providing vocational education programs for
adults and school dropouts to complete their second-
ary school education; and
(4) providing assistance to students who have
participated in services and activities under this title
in finding an appropriate job and continuing their
education.
SEC. 114. STATE PLAN.
(a) STATE PLAN.—
(1) IN GENERAL.—Each eligible entity desiring
assistance under this title for any fiscal year shall
prepare and submit to the Secretary a State plan for
a 3-year period, together with such annual revisions
as the eligible agency determines to be necessary.
(2) HEARING
PROCESS.—The eligible agency
shall conduct public hearings in the State, after ap-
propriate and sufficient notice, for the purpose of af-
fording all segments of the public and interested orga-
nizations and groups (including employers, labor or-
ganizations, and parents), an opportunity to present
their views and make recommendations regarding the
State plan. A summary of such recommendations and
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the eligible agency’s response to such recommenda-
tions shall be included with the State plan.
(b) PLAN DEVELOPMENT.—The eligible agency shall
develop the State plan with representatives of secondary
and postsecondary vocational education, parents, represent-
atives of populations described in section 114(c)(16), and
businesses, in the State and shall also consult the Governor
of the State.
(c) PLAN CONTENTS.—The State plan shall include in-
formation that—
(1) describes the vocational education activities
to be assisted that are designed to meet and reach the
State performance measures;
(2) describes the integration of academic and
technological education with vocational education;
(3) describes how the eligible agency will
disaggregate data relating to students participating
in vocational education in order to adequately meas-
ure the progress of the students;
(4) describes how the eligible agency will ade-
quately address the needs of students in alternative
education programs;
(5) describes how the eligible agency will provide
local educational agencies, area vocational education
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schools, and eligible institutions in the State with
technical assistance;
(6) describes how the eligible agency will encour-
age the participation of the parents of secondary
school students who are involved in vocational edu-
cation activities;
(7) identifies how the eligible agency will obtain
the active participation of business, labor organiza-
tions, and parents in the development and improve-
ment of vocational education activities carried out by
the eligible agency;
(8) describes how vocational education relates to
State and regional employment opportunities;
(9) describes the methods proposed for the joint
planning and coordination of programs carried out
under this title with other Federal education pro-
grams;
(10) describes how funds will be used to promote
gender equity in secondary and postsecondary voca-
tional education;
(11) describes how funds will be used to improve
and expand the use of technology in instruction;
(12) describes how funds will be used to serve in-
dividuals in State correctional institutions;
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(13) describes how funds will be used effectively
to link secondary and postsecondary education;
(14) describes how funds will be allocated and
used at the secondary and postsecondary level, any
consortia that will be formed among secondary schools
and eligible institutions, and how funds will be allo-
cated among the members of the consortia;
(15) describes how the eligible agency will ensure
that the data reported to the eligible agency from local
educational agencies and eligible institutions under
this title and the data the eligible agency reports to
the Secretary are complete, accurate, and reliable;
(16) describes the eligible agency’s program
strategies for populations that include, at a mini-
mum—
(A) low-income individuals, including foster
children;
(B) individuals with disabilities;
(C) single parents and displaced home-
makers; and
(D) individuals with other barriers to edu-
cational achievement, including individuals with
limited English proficiency; and
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(17) describes how individuals who are members
of the special populations described in subsection
(c)(16)—
(A) will be provided with equal access to ac-
tivities assisted under this Act; and
(B) will not be discriminated against on the
basis of their status as members of the special
populations.
(d) PLAN APPROVAL.—
(1) IN GENERAL.—The Secretary shall approve a
State plan, or a revision to an approved State plan,
only if the Secretary determines that—
(A) the State plan, or revision, respectively,
meets the requirements of this section; and
(B) the State’s performance measures and
expected levels of performance under section 102
are sufficiently rigorous to meet the purpose of
this Act.
(2) DISAPPROVAL.—The Secretary shall not fi-
nally disapprove a State plan, except after giving the
eligible agency notice and an opportunity for a hear-
ing.
(3) PEER REVIEW.—The Secretary shall establish
a peer review process to make recommendations re-
garding approval of State plans.
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(4) TIMEFRAME.—A State plan shall be deemed
approved if the Secretary has not responded to the eli-
gible agency regarding the plan within 90 days of the
date the Secretary receives the plan.
(e) ASSURANCES.—A State plan shall contain assur-
ances that the State will comply with the requirements of
this Act and the provisions of the State plan, and provide
for such fiscal control and fund accounting procedures that
may be necessary to ensure the proper disbursement of, and
accounting for, funds paid to the State under this Act.
(f) ELIGIBLE AGENCY REPORT.—
(1) IN GENERAL.—The eligible agency shall an-
nually report to the Secretary regarding—
(A) the quality and effectiveness of the pro-
grams, services, and activities, assisted under
this title, based on the performance measures and
expected levels of performance described in sec-
tion 102; and
(B) the progress each population of individ-
uals described in section 114(c)(16) is making
toward achieving the expected levels of perform-
ance.
(2) CONTENTS.—The eligible agency report
also—
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(A) shall include such information, in such
form, as the Secretary may reasonably require,
in order to ensure the collection of uniform data;
and
(B) shall be made available to the public.
Subtitle C—Local Provisions
SEC. 121. DISTRIBUTION FOR SECONDARY SCHOOL VOCA-
TIONAL EDUCATION.
(a) ALLOCATION.—Except as otherwise provided in
this section, each eligible agency shall distribute the portion
of the funds made available for secondary school vocational
education activities under section 112(b) for any fiscal year
to local educational agencies within the State as follows:
(1) SEVENTY
PERCENT.—From 70 percent of
such portion, each local educational agency shall be
allocated an amount that bears the same relationship
to such 70 percent as the amount such local edu-
cational agency was allocated under section 1124 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6333) for the preceding fiscal year
bears to the total amount received under such section
by all local educational agencies in the State for such
year.
(2) TWENTY PERCENT.—From 20 percent of such
portion, each local educational agency shall be allo-
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cated an amount that bears the same relationship to
such 20 percent as the number of students with dis-
abilities who have individualized education programs
under section 614(d) of the Individuals With Disabil-
ities Education Act (20 U.S.C. 1414(d)) served by
such local educational agency for the preceding fiscal
year bears to the total number of such students served
by all local educational agencies in the State for such
year.
(3) TEN PERCENT.—From 10 percent of such
portion, each local educational agency shall be allo-
cated an amount that bears the same relationship to
such 10 percent as the number of students enrolled in
schools and adults enrolled in training programs
under the jurisdiction of such local educational agen-
cy for the preceding fiscal year bears to the number
of students enrolled in schools and adults enrolled in
training programs under the jurisdiction of all local
educational agencies in the State for such year.
(b) MINIMUM ALLOCATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no local educational agency shall receive
an allocation under subsection (a) unless the amount
allocated to such agency under subsection (a) is not
less than $25,000. A local educational agency may
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enter into a consortium with other local educational
agencies for purposes of meeting the minimum alloca-
tion requirement of this paragraph.
(2) WAIVER.—The eligible agency may waive the
application of paragraph (1) for a local educational
agency that is located in a rural, sparsely populated
area.
(3) REALLOCATION.—Any amounts that are not
allocated by reason of paragraph (1) or (2) shall be
reallocated to local educational agencies that meet the
requirements of paragraph (1) or (2) in accordance
with the provisions of this section.
(c) LIMITED JURISDICTION AGENCIES.—
(1) IN GENERAL.—In applying the provisions of
subsection (a), no eligible agency receiving assistance
under this title shall allocate funds to a local edu-
cational agency that serves only elementary schools,
but shall distribute such funds to the local educational
agency or regional educational agency that provides
secondary school services to secondary school students
in the same attendance area.
(2) SPECIAL RULE.—The amount to be allocated
under paragraph (1) to a local educational agency
that has jurisdiction only over secondary schools shall
be determined based on the number of students that
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tion of all of the local educational agencies send-
ing students to the area vocational education
school or the educational service agency; or
(ii) the area vocational education school,
educational service agency, or local educational
agency demonstrates that the vocational edu-
cation school or educational service agency is un-
able to meet the criterion described in clause (i)
due to the lack of interest by students described
in clause (i) in attending vocational education
programs in that area vocational education
school or educational service agency.
(2) ALLOCATION BASIS.—If an area vocational
education school or educational service agency meets
the requirements of paragraph (1), then—
(A) the amount that will otherwise be dis-
tributed to the local educational agency under
this section shall be allocated to the area voca-
tional education school, the educational service
agency, and the local educational agency, based
on each school’s or agency’s relative share of stu-
dents described in paragraph (1)(B)(i) who are
attending vocational education programs (based,
if practicable, on the average enrollment for the
prior 3 years); or
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(B) such amount may be allocated on the
basis of an agreement between the local edu-
cational agency and the area vocational edu-
cation school or educational service agency.
(3) STATE DETERMINATION.—
(A) IN GENERAL.—For the purposes of this
subsection, the eligible agency may determine the
number of students who are low-income on the
basis of—
(i) eligibility for—
(I) free or reduced-price meals
under the National School Lunch Act
(7 U.S.C. 1751 et seq.);
(II) assistance under a State pro-
gram funded under part A of title IV
of the Social Security Act;
(III) benefits under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et
seq.); or
(IV) services under title I of the
Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.); or
(ii) another index of economic status,
including an estimate of such index, if the
eligible agency demonstrates to the satisfac-
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tion of the Secretary that such index is a
more representative means of determining
such number.
(B) DATA.—If an eligible agency elects to
use more than 1 factor described in subpara-
graph (A) for purposes of making the determina-
tion described in such subparagraph, the eligible
agency shall ensure that the data used is not du-
plicative.
(4) APPEALS PROCEDURE.—The eligible agency
shall establish an appeals procedure for resolution of
any dispute arising between a local educational agen-
cy and an area vocational education school or an
educational service agency with respect to the alloca-
tion procedures described in this section, including
the decision of a local educational agency to leave a
consortium.
(5) SPECIAL RULE.—Notwithstanding the provi-
sions of paragraphs (1), (2), (3), and (4), any local
educational agency receiving an allocation that is not
sufficient to conduct a secondary school vocational
education program of sufficient size, scope, and qual-
ity to be effective may—
(A) form a consortium or enter into a coop-
erative agreement with an area vocational edu-
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cation school or educational service agency offer-
ing secondary school vocational education pro-
grams of sufficient size, scope, and quality to be
effective and that are accessible to students who
are individuals with disabilities or are low-in-
come, and are served by such local educational
agency; and
(B) transfer such allocation to the area vo-
cational education school or educational service
agency.
(e) SPECIAL RULE.—Each eligible agency distributing
funds under this section shall treat a secondary school fund-
ed by the Bureau of Indian Affairs within the State as if
such school were a local educational agency within the State
for the purpose of receiving a distribution under this sec-
tion.
SEC. 122. DISTRIBUTION FOR POSTSECONDARY VOCA-
TIONAL EDUCATION.
(a) DISTRIBUTION.—
(1) IN GENERAL.—Except as otherwise provided
in this section, each eligible agency shall distribute
the portion of funds made available for postsecondary
vocational education under section 112(b) for any fis-
cal year to eligible institutions within the State in
accordance with paragraph (2).
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(2) ALLOCATION.—Each eligible institution in
the State having an application approved under sec-
tion 124 for a fiscal year shall be allocated an
amount that bears the same relationship to the
amount of funds made available for postsecondary vo-
cational education under section 112(b) for the fiscal
year as the number of Pell Grant recipients and re-
cipients of assistance from the Bureau of Indian Af-
fairs enrolled for the preceding fiscal year by such eli-
gible institution in vocational education programs
that do not exceed 2 years in duration bears to the
number of such recipients enrolled in such programs
within the State for such fiscal year.
(3) SPECIAL RULE FOR CONSORTIA.—In order
for a consortium to receive assistance under this sec-
tion, such consortium shall operate joint projects
that—
(A) provide services to all postsecondary in-
stitutions participating in the consortium; and
(B) are of sufficient size, scope, and quality
to be effective.
(4) MINIMUM ALLOCATION.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), no eligible institution shall
receive an allocation under paragraph (2) unless
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the amount allocated to the eligible institution
under paragraph (2) is not less than $65,000.
(B) WAIVER.—The eligible agency may
waive the application of subparagraph (A) in
any case in which the eligible institution is lo-
cated in a rural, sparsely populated area.
(C) REALLOCATION.—Any amounts that are
not allocated by reason of subparagraph (A) or
(B) shall be reallocated to eligible institutions
that meet the requirements of subparagraph (A)
or (B) in accordance with the provisions of this
section.
(5) DEFINITION OF PELL GRANT RECIPIENT.—
The term ‘‘Pell Grant recipient’’ means a recipient of
financial aid under subpart 1 of part A of title IV
of the Higher Education Act of 1965 (20 U.S.C.
1070a).
(b) ALTERNATIVE ALLOCATION.—An eligible agency
may allocate funds made available for postsecondary edu-
cation under section 112(b) for a fiscal year using an alter-
native formula if the eligible agency demonstrates to the
Secretary’s satisfaction that—
(1) the alternative formula better meets the pur-
pose of this Act; and
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(2)(A) the formula described in subsection (a)
does not result in an allocation of funds to the eligible
institutions that serve the highest numbers or percent-
ages of low-income students; and
(B) the alternative formula will result in such a
distribution.
SEC. 123. LOCAL ACTIVITIES.
(a) MANDATORY.—Funds made available to a local
educational agency or an eligible institution under this title
shall be used—
(1) to initiate, improve, expand, and modernize
quality vocational education programs;
(2) to improve or expand the use of technology
in vocational instruction, including professional de-
velopment in the use of technology, which instruction
may include distance learning;
(3) to provide services and activities that are of
sufficient size, scope, and quality to be effective;
(4) to integrate academic education with voca-
tional education for students participating in voca-
tional education;
(5) to link secondary education (as determined
under State law) and postsecondary education, in-
cluding implementing tech-prep programs;
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(6) to provide professional development activities
to teachers, counselors, and administrators, includ-
ing—
(A) inservice and preservice training in
state-of-the-art vocational education programs;
(B) internship programs that provide busi-
ness experience to teachers; and
(C) programs designed to train teachers spe-
cifically in the use and application of tech-
nology;
(7) to develop and implement programs that pro-
vide access to, and the supportive services needed to
participate in, quality vocational education programs
for students, including students who are members of
the populations described in section 114(c)(16);
(8) to develop and implement performance man-
agement systems and evaluations; and
(9) to promote gender equity in secondary and
postsecondary vocational education.
(b) PERMISSIVE.—Funds made available to a local
educational agency or an eligible institution under this title
may be used—
(1) to carry out student internships;
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(2) to provide guidance and counseling for stu-
dents participating in vocational education pro-
grams;
(3) to provide vocational education programs for
adults and school dropouts to complete their second-
ary school education;
(4) to acquire and adapt equipment, including
instructional aids;
(5) to support vocational student organizations;
(6) to provide assistance to students who have
participated in services and activities under this title
in finding an appropriate job and continuing their
education; and
(7) to support other vocational education activi-
ties that are consistent with the purpose of this Act.
SEC. 124. LOCAL APPLICATION.
(a) IN GENERAL.—Each local educational agency or
eligible institution desiring assistance under this title shall
submit an application to the eligible agency at such time,
in such manner, and accompanied by such information as
the eligible agency (in consultation with such other edu-
cational entities as the eligible agency determines to be ap-
propriate) may require.
(b) CONTENTS.—Each application shall, at a mini-
mum—
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(1) describe how the vocational education activi-
ties will be carried out pertaining to meeting the ex-
pected levels of performance;
(2) describe the process that will be used to inde-
pendently evaluate and continuously improve the per-
formance of the local educational agency or eligible
institution, as appropriate;
(3) describe how the local educational agency or
eligible institution, as appropriate, will plan and
consult with students, parents, representatives of pop-
ulations described in section 114(c)(16), businesses,
labor organizations, and other interested individuals,
in carrying out activities under this title;
(4) describe how the local educational agency or
eligible institution, as appropriate, will review voca-
tional education programs, and identify and adopt
strategies to overcome barriers that result in lowering
rates of access to the programs, for populations de-
scribed in section 114(c)(16); and
(5) describe how individuals who are members of
the special populations described in section 114(c)(16)
will not be discriminated against on the basis of their
status as members of the special populations.
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SEC. 125. CONSORTIA.
A local educational agency and an eligible institution
may form a consortium to carry out the provisions of this
subtitle if the sum of the amount the consortium receives
for a fiscal year under sections 121 and 122 equals or ex-
ceeds $65,000.
TITLE II—TECH-PREP
EDUCATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Tech-Prep Education
Act’’.
SEC. 202. PURPOSES.
The purposes of this title are—
(1) to provide implementation grants to consor-
tia of local educational agencies, postsecondary edu-
cational institutions, and employers or labor organi-
zations, for the development and operation of pro-
grams designed to provide a tech-prep education pro-
gram leading to a 2-year associate degree or a 2-year
certificate;
(2) to provide, in a systematic manner, strong,
comprehensive links among secondary schools, post-
secondary educational institutions, and local or re-
gional employers, or labor organizations; and
(3) to support the use of contextual, authentic,
and applied teaching and curriculum based on each
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State’s academic, occupational, and employability
standards.
SEC. 203. DEFINITIONS.
(a) In this title:
(1) ARTICULATION AGREEMENT.—The term ‘‘ar-
ticulation agreement’’ means a written commitment
to a program designed to provide students with a non
duplicative sequence of progressive achievement lead-
ing to degrees or certificates in a tech-prep education
program.
(2) COMMUNITY COLLEGE.—The term ‘‘commu-
nity college’’—
(A) has the meaning provided in section
1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141) for an institution which provides
not less than a 2-year program which is accept-
able for full credit toward a bachelor’s degree;
and
(B) includes tribally controlled community
colleges.
(3) TECH-PREP PROGRAM.—The term ‘‘tech-prep
program’’ means a program of study that—
(A) combines at a minimum 2 years of sec-
ondary education (as determined under State
law) with a minimum of 2 years of postsecond-
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ary education in a nonduplicative, sequential
course of study;
(B) integrates academic and vocational in-
struction, and utilizes work-based and worksite
learning where appropriate and available;
(C) provides technical preparation in a ca-
reer field such as engineering technology, applied
science, a mechanical, industrial, or practical
art or trade, agriculture, health occupations,
business, or applied economics;
(D) builds student competence in mathe-
matics, science, reading, writing, communica-
tions, economics, and workplace skills through
applied, contextual academics, and integrated
instruction, in a coherent sequence of courses;
(E) leads to an associate or a baccalaureate
degree or a certificate in a specific career field;
and
(F) leads to placement in appropriate em-
ployment or further education.
SEC. 204. PROGRAM AUTHORIZED.
(a) DISCRETIONARY AMOUNTS.—
(1) IN GENERAL.—For any fiscal year for which
the amount appropriated under section 207 to carry
out this title is equal to or less than $50,000,000, the
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U.S.C. 1071 et seq.) pursuant to the provisions
of section 435(a)(3) of such Act (20 U.S.C.
1083(a)); or
(ii) a proprietary institution of higher edu-
cation that offers a 2-year associate degree pro-
gram and is qualified as an institution of higher
education pursuant to section 481(a) of the
Higher Education Act of 1965 (20 U.S.C.
1088(a)), if such proprietary institution of high-
er education is not subject to a default manage-
ment plan required by the Secretary.
(2) SPECIAL RULE.—In addition, a consortium
described in paragraph (1) may include 1 or more—
(A) institutions of higher education that
award a baccalaureate degree; and
(B) employer or labor organizations.
(b) STATE GRANTS.—
(1) IN GENERAL.—For any fiscal year for which
the amount made available under section 207 to carry
out this title exceeds $50,000,000, the Secretary shall
allot such amount among the States in the same man-
ner as funds are allotted to States under paragraphs
(2), (3), and (4) of section 101(a).
(2) PAYMENTS
TO
ELIGIBLE
AGENCIES.—The
Secretary shall make a payment in the amount of a
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State’s allotment under this paragraph to the eligible
agency that serves the State and has an application
approved under paragraph (4).
(3) AWARD BASIS.—From amounts made avail-
able to each eligible agency under this subsection, the
eligible agency shall award grants, on a competitive
basis or on the basis of a formula determined by the
eligible agency, for tech-prep education programs to
consortia described in subsection (a).
(4) STATE APPLICATION.—Each eligible agency
desiring assistance under this title shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require.
SEC. 205. TECH-PREP EDUCATION PROGRAMS.
(a) GENERAL AUTHORITY.—Each consortium shall use
amounts provided through the grant to develop and operate
a tech-prep education program.
(b) CONTENTS OF PROGRAM.—Any such tech-prep pro-
gram shall—
(1) be carried out under an articulation agree-
ment between the participants in the consortium;
(2) consist of at least 2 years of secondary school
preceding graduation and 2 years or more of higher
education, or an apprenticeship program of at least
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2 years following secondary instruction, with a com-
mon core of required proficiency in mathematics,
science, reading, writing, communications, and tech-
nologies designed to lead to an associate’s degree or a
certificate in a specific career field;
(3) include the development of tech-prep edu-
cation program curricula for both secondary and
postsecondary levels that—
(A) meets academic standards developed by
the State;
(B) links secondary schools and 2-year post-
secondary institutions, and where possible and
practicable, 4-year institutions of higher edu-
cation through nonduplicative sequences of
courses in career fields;
(C) uses, where appropriate and available,
work-based or worksite learning in conjunction
with business and industry; and
(D) uses educational technology and dis-
tance learning, as appropriate, to involve all the
consortium partners more fully in the develop-
ment and operation of programs.
(4) include a professional development program
for academic, vocational, and technical teachers
that—
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(A) is designed to train teachers to effec-
tively implement tech-prep education curricula;
(B) provides for joint training for teachers
from all participants in the consortium;
(C) is designed to ensure that teachers stay
current with the needs, expectations, and meth-
ods of business and industry;
(D) focuses on training postsecondary edu-
cation faculty in the use of contextual and ap-
plied curricula and instruction; and
(E) provides training in the use and appli-
cation of technology;
(5) include training programs for counselors de-
signed to enable counselors to more effectively—
(A) make tech-prep education opportunities
known to students interested in such activities;
(B) ensure that such students successfully
complete such programs;
(C) ensure that such students are placed in
appropriate employment; and
(D) stay current with the needs, expecta-
tions, and methods of business and industry;
(6) provide equal access to the full range of tech-
nical preparation programs to individuals who are
members 
of 
populations 
described 
in 
section
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114(c)(16), including the development of tech-prep
education program services appropriate to the needs
of such individuals; and
(7) provide for preparatory services that assist
all participants in such programs.
(c) ADDITIONAL
AUTHORIZED
ACTIVITIES.—Each
such tech-prep program may—
(1) provide for the acquisition of tech-prep edu-
cation program equipment;
(2) as part of the program’s planning activities,
acquire technical assistance from State or local enti-
ties that have successfully designed, established and
operated tech-prep programs;
(3) acquire technical assistance from State or
local entities that have designed, established, and op-
erated tech-prep programs that have effectively used
educational technology and distance learning in the
delivery of curricula and services and in the articula-
tion process; and
(4) establish articulation agreements with insti-
tutions of higher education, labor organizations, or
businesses located outside of the State served by the
consortium, especially with regard to using distance
learning and educational technology to provide for the
delivery of services and programs.
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SEC. 206. APPLICATIONS.
(a) IN GENERAL.—Each consortium that desires to re-
ceive a grant under this title shall submit an application
to the Secretary or the eligible agency, as appropriate, at
such time and in such manner as the Secretary or the eligi-
ble agency, as appropriate, shall prescribe.
(b) THREE-YEAR PLAN.—Each application submitted
under this section shall contain a 3-year plan for the devel-
opment and implementation of activities under this title.
(c) APPROVAL.—The Secretary or the eligible agency,
as appropriate, shall approve applications based on the po-
tential of the activities described in the application to create
an effective tech-prep education program described in sec-
tion 205.
(d) SPECIAL CONSIDERATION.—The Secretary or the
eligible agency, as appropriate, shall give special consider-
ation to applications that—
(1) provide for effective employment placement
activities or the transfer of students to 4-year institu-
tions of higher education;
(2) are developed in consultation with 4-year in-
stitutions of higher education;
(3) address effectively the needs of populations
described in section 114(c)(16);
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(4) provide education and training in areas or
skills where there are significant workforce shortages,
including the information technology industry; and
(5) demonstrate how tech-prep programs will
help students meet high academic and employability
competencies.
(e) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In
awarding grants under this title, the Secretary shall ensure
an equitable distribution of assistance among States, and
the Secretary or the eligible agency, as appropriate, shall
ensure an equitable distribution of assistance between urban
and rural consortium participants.
(f) NOTICE.—
(1) IN GENERAL.—In the case of grants to be
awarded by the Secretary, each consortium that sub-
mits an application under this section shall provide
notice of such submission and a copy of such applica-
tion to the State educational agency and the State
agency for higher education of the State in which the
consortium is located.
(2) NOTIFICATION.—The Secretary shall notify
the State educational agency and the State agency for
higher education of a State each time a consortium
located in the State is selected to receive a grant
under this title.
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SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this title such sums as may be necessary for fiscal year 1999
and each of the 5 succeeding fiscal years.
SEC. 208. DEMONSTRATION PROGRAM.
(a) DEMONSTRATION PROGRAM AUTHORIZED.—From
funds appropriated under subsection (e) for a fiscal year,
the Secretary shall award grants to consortia described in
section 204(a) to enable the consortia to carry out tech-prep
education programs.
(b) PROGRAM CONTENTS.—Each tech-prep program
referred to in subsection (a)—
(1) shall—
(A) involve the location of a secondary
school on the site of a community college;
(B) involve a business as a member of the
consortium; and
(C) require the voluntary participation of
secondary school students in the tech-prep edu-
cation program; and
(2) may provide summer internships at a busi-
ness for students or teachers.
(c) APPLICATION.—Each consortium desiring a grant
under this section shall submit an application to the Sec-
retary at such time, in such manner and accompanied by
such information as the Secretary may require.
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(d) APPLICABILITY.—The provisions of sections 204,
205, 206, and 207 shall not apply to this section, except
that—
(1) the provisions of section 204(a) shall apply
for purposes of describing consortia eligible to receive
assistance under this section;
(2) each tech-prep education program assisted
under this section shall meet the requirements of
paragraphs (1), (2), (3)(A), (3)(B), (3)(C), (3)(D),
(4), (5), (6), and (7) of section 205(b), except that
such paragraph (3)(B) shall be applied by striking ‘‘,
and where possible and practicable, 4-year institu-
tions of higher education through nonduplicative se-
quences of courses in career fields’’; and
(3) in awarding grants under this section, the
Secretary shall give special consideration to consortia
submitting applications under subsection (c) that
meet the requirements of paragraphs (1), (3), (4), and
(5) of section 206(d), except that such paragraph (1)
shall be applied by striking ‘‘or the transfer of stu-
dents to 4-year institutions of higher education’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000 for fiscal year 1999 and each of the 5 succeed-
ing fiscal years.
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TITLE III—GENERAL
PROVISIONS
SEC. 301. ADMINISTRATIVE PROVISIONS.
(a) SUPPLEMENT
NOT
SUPPLANT.—Funds made
available under this Act for vocational education activities
shall supplement, and shall not supplant, non-Federal
funds expended to carry out vocational education and tech-
prep activities.
(b) MAINTENANCE OF EFFORT.—
(1) DETERMINATION.—No payments shall be
made under this Act for any fiscal year to an eligible
agency for vocational education or tech-prep activities
unless the Secretary determines that the fiscal effort
per student or the aggregate expenditures of the State
for vocational education for the fiscal year preceding
the fiscal year for which the determination is made,
equaled or exceeded such effort or expenditures for vo-
cational education for the second fiscal year preceding
the fiscal year for which the determination is made.
(2) WAIVER.—The Secretary may waive the re-
quirements of this section, with respect to not more
than 5 percent of expenditures by any eligible agency
for 1 fiscal year only, on making a determination
that such waiver would be equitable due to excep-
tional or uncontrollable circumstances affecting the
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ability of the applicant to meet such requirements,
such as a natural disaster or an unforeseen and pre-
cipitous decline in financial resources. No level of
funding permitted under such a waiver may be used
as the basis for computing the fiscal effort or aggre-
gate expenditures required under this section for years
subsequent to the year covered by such waiver. The
fiscal effort or aggregate expenditures for the subse-
quent years shall be computed on the basis of the level
of funding that would, but for such waiver, have been
required.
(c) REPRESENTATION.—The eligible agency shall pro-
vide representation to the statewide partnership.
SEC. 302. EVALUATION, IMPROVEMENT, AND ACCOUNTABIL-
ITY.
(a) LOCAL EVALUATION.—Each eligible agency shall
evaluate annually the vocational education and tech-prep
activities of each local educational agency or eligible insti-
tution receiving assistance under this Act, using the per-
formance measures established under section 102.
(b) IMPROVEMENT ACTIVITIES.—If, after reviewing the
evaluation, an eligible agency determines that a local edu-
cational agency or eligible institution is not making sub-
stantial progress in achieving the purpose of this Act, the
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local educational agency or eligible institution, in consulta-
tion with teachers, parents, and other school staff, shall—
(1) conduct an assessment of the educational and
other problems that the local educational agency or el-
igible institution shall address to overcome local per-
formance problems;
(2) enter into an improvement plan based on the
results of the assessment, which plan shall include in-
structional and other programmatic innovations of
demonstrated effectiveness, and where necessary, strat-
egies for appropriate staffing and staff development;
and
(3) conduct regular evaluations of the progress
being made toward program improvement goals.
(c) TECHNICAL ASSISTANCE.—If the Secretary deter-
mines that an eligible agency is not properly implementing
the eligible agency’s responsibilities under section 114, or
is not making substantial progress in meeting the purpose
of this Act, based on the performance measures and expected
levels of performance under section 102 included in the eli-
gible agency’s State plan, the Secretary shall work with the
eligible agency to implement improvement activities.
(d) WITHHOLDING OF FEDERAL FUNDS.—If, after a
reasonable time, but not earlier than 1 year after imple-
menting activities described in subsection (c), the Secretary
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determines that the eligible agency is not making sufficient
progress, based on the eligible agency’s performance meas-
ures and expected levels of performance, the Secretary, after
notice and opportunity for a hearing, shall withhold from
the eligible agency all, or a portion, of the eligible agency’s
grant funds under this title. The Secretary may use funds
withheld under the preceding sentence to provide, through
alternative arrangements, services, and activities within the
State to meet the purpose of this Act.
SEC. 303. NATIONAL ACTIVITIES.
The Secretary may, directly or through grants, con-
tracts, or cooperative agreements, carry out research, devel-
opment, dissemination, evaluation, capacity-building, and
technical assistance activities that carry out the purpose of
this Act.
SEC. 304. NATIONAL ASSESSMENT OF VOCATIONAL EDU-
CATION PROGRAMS.
(a) IN GENERAL.—The Secretary shall conduct a na-
tional assessment of vocational education programs assisted
under this Act, through studies and analyses conducted
independently through competitive awards.
(b) INDEPENDENT ADVISORY PANEL.—The Secretary
shall appoint an independent advisory panel, consisting of
vocational education administrators, educators, researchers,
and representatives of labor organizations, business, par-