105TH CONGRESS
1ST SESSION
H. R. 1853
AN ACT
To amend the Carl D. Perkins Vocational and
Applied Technology Education Act.
105TH CONGRESS
1ST SESSION
H. R. 1853
AN ACT
To amend the Carl D. Perkins Vocational and Applied
Technology Education Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Carl D. Perkins Voca-
tional-Technical Education Act Amendments of 1997’’.
SEC. 2. REFERENCES TO ACT.
(a) SHORT TITLE OF ACT.—Section 1(a) of the Act
is amended by striking ‘‘(a) SHORT TITLE.—’’ and further
by striking ‘‘Vocational and Applied Technology’’ and in-
serting ‘‘Vocational-Technical’’.
(b) REFERENCES TO ACT.—Except as otherwise ex-
pressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a title, chapter, part, subpart, section, subsection, or
other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection,
or other provision of the Carl D. Perkins Vocational-Tech-
nology Education Act as amended in subsection (a).
SEC. 3. TABLE OF CONTENTS.
Section 1(b) is repealed.
SEC. 4. PURPOSE.
Section 2 of the Act is amended to read as follows:
‘‘SEC. 2. PURPOSE.
‘‘It is the purpose of this Act to develop more fully
the academic, occupational, and technical skills of individ-
uals participating in vocational-technical education pro-
grams. This purpose will be achieved through concentrat-
ing resources on improving vocational-technical education
programs leading to academic and technical skill com-
petencies needed to work in a technologically advanced so-
ciety.’’.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Act is amended—
(1) 
in 
subsection 
(a) 
by 
striking
‘‘$1,600,000,000’’ and all that follows and inserting
‘‘$1,300,000,000, for fiscal year 1998 and such
sums as may be necessary for each of the 4 succeed-
ing fiscal years to carry out the provisions of titles
I and II.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) TITLE I.—Of the amounts made available under
subsection (a)—
‘‘(1) 1.5 percent shall be reserved to carry out
section 103, relating to Indian and Native Hawai-
ians programs; and
‘‘(2) 0.2 percent shall be reserved to carry out
section 101A, relating to the territories.’’; and
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) NATIONAL PROGRAMS.—None of the funds
made available under this section for programs authorized
under titles I, II, and part C of title III, shall be used
for any program authorized under part A of title III.
(4) by striking subsections (d) through (f).
TITLE 
I—VOCATIONAL-TECH-
NICAL 
EDUCATION 
ASSIST-
ANCE TO THE STATES
SEC. 101. ALLOTMENT.
(a) IN GENERAL.—Title I is amended by striking the
matter preceding the text of section 101 and inserting the
following:
‘‘TITLE 
I—VOCATIONAL-TECH-
NICAL 
EDUCATION 
ASSIST-
ANCE TO THE STATES
‘‘PART A—ALLOTMENT AND ALLOCATION
‘‘SEC. 101. ALLOTMENT.’’.
(b) ALLOTMENT.—
(1) Paragraphs (1) and (2) of section 101(a)
are amended to read as follows:
‘‘(a) SPECIFIC POPULATIONS.—
‘‘(1) IN GENERAL.—In each fiscal year, from
amounts made available under section 3(a), the Sec-
retary shall reserve—
‘‘(A) 1.5 percent to carry out section 103,
of which—
‘‘(i) 1.25 percent shall be available to
carry out section 103(c); and
‘‘(ii) 0.25 percent shall be available to
carry out section 103(i); and
‘‘(B) 0.2 percent for the purpose of carry-
ing out section 101A.
‘‘(2) REMAINDER
OF
FUNDS.—From the re-
mainder of the sums appropriated pursuant to sec-
tion 3, the Secretary shall allot to each State for
each fiscal year—
‘‘(A) an amount which bears the same
ratio to 50 percent of the sums being allotted
as the product of the population aged 15 to 19
inclusive, in the State in the fiscal year preced-
ing 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; and
‘‘(B) an amount which bears the same
ratio to 50 percent of the sums being allotted
as the product of the population aged 20 to 24,
inclusive, in the State in the fiscal year preced-
ing 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.’’.
(2) Paragraph (3) of section 101(a) is amend-
ed—
(A) by striking subparagraphs (A) and
(C);
(B) by redesignating subparagraphs (B)
and (D) as (A) and (B), respectively;
(C) in subparagraph (A), as redesignated,
by striking clause (i), and inserting the follow-
ing:
‘‘(i) Notwithstanding any other provi-
sion of law and subject to subparagraph
(B) and clause (ii), no State shall receive
less than 1⁄2 of 1 percent of the amount
available for each such program for each
fiscal year under this subsection.’’; and
(D) in subparagraph (A)(ii), as redesig-
nated, by striking ‘‘or part A, B, C, D, or E
of title III’’.
(3) By amending subsection (c) to read as fol-
lows:
‘‘(c) ALLOTMENT RATIO.—
‘‘(1) IN GENERAL.—The allotment ratio for any
State shall be 1.00 less the product of—
‘‘(A) 0.50; and
‘‘(B) the quotient obtained by dividing the
per capita income for the State by the per cap-
ita income for all the States (exclusive of Puer-
to Rico and the Virgin Islands), except that—
‘‘(i) the allotment ratio in no case
shall be more than 0.55 or less than 0.40;
and
‘‘(ii) the allotment ratio for Puerto
Rico and the Virgin Islands shall be 0.55.
‘‘(2) ALLOTMENT RATIOS.—The allotment ra-
tios 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 appro-
priate per capita incomes for the 3 most recent con-
secutive fiscal years for which satisfactory data are
available.
‘‘(3) DEFINITION.—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
purposes of this section, population shall be deter-
mined by the Secretary on the basis of the latest es-
timates available to the Department.’’.
SEC. 101A. THE TERRITORIES.
Section 101A of the Act is amended by inserting after
subsection (c) the following new subsection:
‘‘(d) RESTRICTION.—Notwithstanding any other pro-
vision of law, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau
shall not receive any funds under this part for any fiscal
year that begins after September 30, 2001.’’.
SEC. 102. WITHIN STATE ALLOTMENTS.
Section 102 is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘at least’’
and all that follows through the semicolon and
inserting ‘‘an amount equal to not less than 90
percent of the allotment shall be available for
basic programs under part B of title II;’’;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
(D) in paragraph (2), as redesignated, by
striking ‘‘8.5’’ and inserting ‘‘8’’ and further by
adding after the semicolon ‘‘and’’;
(E) in paragraph (3), as redesignated—
(i) by striking ‘‘5’’ and inserting ‘‘2’’;
(ii) by striking ‘‘of which—’’ and all
that follows through ‘‘and’’ at the end and
inserting the following:
‘‘which may be used for the costs of—
‘‘(A) developing the State application;
‘‘(B) reviewing local applications;
‘‘(C) monitoring and evaluating program
effectiveness; and
‘‘(D) assuring compliance with all applica-
ble Federal laws.’’; and
(F) by striking paragraph (5);
(2) in subsection (b) by striking ‘‘(a)(4)’’ and
inserting ‘‘(a)(3)’’; and
(3) by striking subsection (c) and inserting the
following:
‘‘(c) RURAL AND URBAN RESERVE.—A State may re-
serve not more than 5 percent of the allotment made
under section 102(a)(1) to use for grants to rural areas
and not more than 5 percent of such allotment to use for
grants to urban areas.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘rural area’ means an area that
is not in a metropolitan statistical area;
‘‘(2) the term ‘urban area’ means an area that
serves a central city in a metropolitan statistical
area; and
‘‘(3) the terms ‘central city’ and ‘metropolitan
statistical area’ have the same meanings given such
terms in section 10952 of the Elementary and Sec-
ondary Education Act of 1965.’’.
SEC. 103. INDIAN AND NATIVE HAWAIIAN PROGRAMS.
Section 103 of the Act is amended to read as follows:
‘‘SEC. 103. NATIVE AMERICAN PROGRAM.
‘‘(a) INDIAN POLICY.—All programs assisted under
this section shall be administered in a manner consistent
with the principles of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) and the
government-to-government relationship between the Fed-
eral Government and Indian tribal governments.
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ means a Native as such term is defined in sec-
tion 3(b) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(b)).
‘‘(2) BUREAU
FUNDED.—The term ‘Bureau
funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract school; or
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988.
‘‘(3) INDIAN, INDIAN TRIBE, AND TRIBAL ORGA-
NIZATION.—The terms ‘Indian’, ‘Indian tribe’, and
‘tribal organization’ have the meanings given such
terms in subsections (d), (e), and (l), respectively, of
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b).
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given such term in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)).
‘‘(5) NATIVE HAWAIIAN AND NATIVE HAWAIIAN
ORGANIZATION.—The terms ‘Native Hawaiian’ and
‘Native Hawaiian organization’ have the meanings
given such terms in paragraphs (1) and (3), respec-
tively, of section 9212 of the Native Hawaiian Edu-
cation Act (20 U.S.C. 7912).
‘‘(6) TRIBALLY CONTROLLED COMMUNITY COL-
LEGE.—The term ‘tribally controlled community col-
lege’ has the meaning given such term in section
2(a)(4) of the Tribally Controlled Community Col-
lege Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
‘‘(7) TRIBALLY CONTROLLED POSTSECONDARY
VOCATIONAL INSTITUTION.—The term ‘tribally con-
trolled postsecondary vocational institution’ means
an institution of higher education that—
‘‘(A) is formally controlled, or has been
formally sanctioned or chartered, by the govern-
ing body of an Indian tribe or Indian tribes;
‘‘(B) offers a technical degree or certificate
granting program;
‘‘(C) is governed by a board of directors or
trustees, a majority of whom are Indians;
‘‘(D) demonstrates adherence to stated
goals, a philosophy, or a plan of operation, that
fosters individual Indian economic and self-suf-
ficiency opportunity, including programs that
are appropriate to stated tribal goals of devel-
oping individual entrepreneurships and self-sus-
taining economic infrastructures on reserva-
tions;
‘‘(E) has been in operation for at least 3
years;
‘‘(F) holds accreditation with or is a can-
didate for accreditation by a nationally recog-
nized accrediting authority for postsecondary
vocational-technical education; and
‘‘(G) enrolls the full-time equivalent of not
less than 100 students, of whom a majority are
Indians.
‘‘(c) PROGRAM AUTHORIZED.—
‘‘(1) IN
GENERAL.—From amounts reserved
under section 101(a)(1)(A)(i), the Secretary shall
make grants to Indian tribes, tribal organizations
and Alaska Native entities to carry out the author-
ized programs described in subsection (d), except
that such terms shall not include secondary school
programs in Bureau funded schools.
‘‘(2) SPECIAL AUTHORITY RELATING TO SEC-
ONDARY
SCHOOLS
OPERATED
OR
SUPPORTED
BY
THE BUREAU OF INDIAN AFFAIRS.—An Indian tribe,
a tribal organization, or an Alaska Native entity,
that receives funds through a grant made or con-
tract entered into under paragraph (1) may use the
funds to provide assistance to a secondary school op-
erated or supported by the Bureau of Indian Affairs
to enable such school to carry out vocational-tech-
nical education programs.
‘‘(d) AUTHORIZED PROGRAMS.—Funds made avail-
able under this section shall be used to carry out voca-
tional-technical education programs consistent with the
purposes of this Act.
‘‘(e) GRANT APPLICATION.—In order to receive a
grant under this section an entity described in subsection
(c) shall submit an application to the Secretary and shall
include an assurance that such entity shall comply with
the requirements of this Act.
‘‘(f) SPECIAL CONSIDERATION.—The Secretary, in
making grants under subsection (c), shall give special con-
sideration to—
‘‘(1) grants which involve, coordinate with, or
encourage tribal economic development plans; and
‘‘(2) applications from tribally controlled com-
munity colleges which—
‘‘(A) are accredited or are candidates for
accreditation by a nationally recognized accredi-
tation organization as an institution of post-
secondary vocational-technical education; or
‘‘(B) operate vocational-technical education
programs that are accredited or are candidates
for accreditation by a nationally recognized ac-
creditation organization and issue certificates
for completion of vocational-technical education
programs.
‘‘(g) CONSOLIDATION OF FUNDS.—Each entity re-
ceiving assistance under this section may consolidate such
assistance with assistance received from related programs
in accordance with the provisions of the Indian Employ-
ment, Training and Related Services Demonstration Act
of 1992 (25 U.S.C 3401 et seq.).
‘‘(h) NONDUPLICATIVE AND NONEXCLUSIVE SERV-
ICES.—Nothing in this section shall be construed—
‘‘(1) to limit the eligibility of any entity de-
scribed in subsection (c) to participate in any activ-
ity offered by a State or local entity under this title;
or
‘‘(2) to preclude or discourage any agreement,
between any entity described in subsection (c) and
any State or local entity, to facilitate the provision
of services by such entity or to the population served
by such entity.
‘‘(i) NATIVE HAWAIIAN PROGRAMS.—From the funds
reserved pursuant to section 101(a)(1)(A)(ii), the Sec-
retary is directed to enter into contracts with organiza-
tions primarily serving and representing Native Hawaiian
Programs which are recognized by the Governor of the
State of Hawaii to plan, conduct, and administer pro-
grams, or portions thereof, which are authorized by and
consistent with the provisions of this section for the bene-
fit of Native Hawaiian Programs.’’.
SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCA-
TIONAL INSTITUTIONS.
Part A of title I of the Act is amended by adding
at the end the following:
‘‘SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCA-
TIONAL-TECHNICAL EDUCATION PROGRAMS.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall,
subject to the availability of appropriations, make grants
pursuant to this section to tribally controlled postsecond-
ary vocational-technical institutions to provide basic sup-
port for the education and training of Indian students.
‘‘(b) USE OF GRANTS.—Amounts made available pur-
suant to this section shall be used for vocational-technical
education programs.
‘‘(c) AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—If the sums appropriated
for any fiscal year for grants under this section are
not sufficient to pay in full the total amount which
approved applicants are eligible to receive under this
section for such fiscal year, the Secretary shall first
allocate to each such applicant which received funds
under this part for the preceding fiscal year an
amount equal to 100 percent of the product of the
per capita payment for the preceding fiscal year and
such applicant’s Indian student count for the cur-
rent program year, plus an amount equal to the ac-
tual cost of any increase to the per capita figure re-
sulting from inflationary increases to necessary costs
beyond the institution’s control.
‘‘(2) PER
CAPITA
DETERMINATION.—For the
purposes of paragraph (1), the per capita payment
for any fiscal year shall be determined by dividing
the amount available for grants to tribally controlled
postsecondary vocational-technical institutions under
this part for such program year by the sum of the
Indian student counts of such institutions for such
program year. The Secretary shall, on the basis of
the most accurate data available from the institu-
tions, compute the Indian student count for any fis-
cal year for which such count was not used for the
purpose of making allocations under this section.
‘‘(d) ELIGIBLE GRANT RECIPIENTS.—To be eligible
for assistance under this section a tribally controlled post-
secondary vocational-technical institution shall—
‘‘(1) be governed by a board of directors or
trustees, a majority of whom are Indians;
‘‘(2) have been in operation for at least 3 years;
‘‘(3) hold accreditation with or be a candidate
for accreditation by a nationally recognized accredit-
ing authority for postsecondary vocational-technical
education; and
‘‘(4) enroll the full-time equivalent of not less
than 100 students, of whom a majority are Indians.
‘‘(e) APPLICATIONS.—Any tribally controlled post-
secondary vocational-technical institution that desires to
receive a grant under this section shall submit an applica-
tion to the Secretary in such manner and form as the Sec-
retary may require.
‘‘(f) OTHER PROGRAMS.—
‘‘(1) IN GENERAL.—Except as specifically pro-
vided in this Act, eligibility for assistance under this
section shall not preclude any tribally controlled
postsecondary vocational-technical institution from
receiving Federal financial assistance under any pro-
gram authorized under the Higher Education Act of
1965 or any other applicable program for the benefit
of institutions of higher education or vocational-tech-
nical education.
‘‘(2) PROHIBITION ON ALLOCATION OF GRANT
AMOUNT.—The amount of any grant for which trib-
ally controlled postsecondary vocational-technical in-
stitutions are eligible under this subpart shall not be
altered because of funds allocated to any such insti-
tution from funds appropriated under the Act of No-
vember 2, 1921.
‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No
tribally controlled postsecondary vocational-technical
institution for which an Indian tribe has designated
a portion of the funds appropriated for the tribe
from funds appropriated under the Act of November
2, 1921, may be denied a contract for such portion
under the Indian Self-Determination and Education
Assistance Act (except as provided in that Act), or
denied appropriate contract support to administer
such portion of the appropriated funds.
‘‘(g) DEFINITIONS.—For the purposes of this section:
‘‘(1) INDIAN.—The terms ‘Indian’ and ‘Indian
tribe’ have the meanings given such terms in section
2 of the Tribally Controlled Community College As-
sistance Act of 1978.
‘‘(2) TRIBALLY CONTROLLED POSTSECONDARY
VOCATIONAL-TECHNICAL
INSTITUTION.—The term
‘tribally controlled postsecondary vocational-technical
institution’ means an institution of higher education
which is formally controlled, or has been formally
sanctioned or chartered by the governing body of an
Indian tribe or tribes which offers technical degrees
or certificate granting programs.
‘‘(3) INDIAN STUDENT COUNT.—The term ‘In-
dian student count’ means a number equal to the
total number of Indian students enrolled in each
tribally controlled vocational-technical institution,
determined as follows:
‘‘(A) REGISTRATIONS.—The registrations
of Indian students as in effect on October 1 of
each year.
‘‘(B) SUMMER
TERM.—Credits or clock
hours toward a certificate earned in classes of-
fered during 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 class-
es during a summer term shall be counted to-
ward 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 pre-
sumed to have established such criteria if the
admission procedures for such studies include
counseling or testing that measures the stu-
dent’s aptitude to successfully complete the
course in which the student has enrolled. No
credit earned by such student for purposes of
obtaining a high school degree or its equivalent
shall be counted toward the computation of the
Indian student count.
‘‘(D) DETERMINATION OF HOURS.—Indian
students earning credits in any continuing edu-
cation program of a tribally controlled voca-
tional-technical institution shall be included 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
providing credit for participation in such pro-
grams.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated not more than
$4,000,000 for fiscal year 1998 and such sums as may
be necessary for each of the 4 succeeding fiscal years to
carry out the provisions of this section.’’.
PART B—STATE ORGANIZATIONAL AND
PLANNING RESPONSIBILITIES
SEC. 111. STATE ADMINISTRATION.
Section 111 of this Act is amended—
(1) in subsection (a)(1)(A), by striking ‘‘pursu-
ant to section 113(b)(8), section 116, and section
117’’;
(2) by striking subsection (a)(1)(B);
(3) in subsection (a)(1)(C), by striking ‘‘con-
sultation with’’ and all that follows through the
semicolon at the end of subsection (a)(1)(C) and in-
serting ‘‘consultation with the Governor and appro-
priate agencies, groups, and individuals, including
business, industry and representatives of employees
involved in the planning, administration, evaluation,
and coordination of programs funded under this
Act;’’; and
(4) by striking subsections (b) through (g) and
inserting the following:
‘‘(b) LIST
OF PROGRAMS ASSISTED.—The State
board shall make available to each Private Industry Coun-
cil established under section 102 of the Job Training Part-
nership Act within the State a listing of all programs as-
sisted under this Act.’’.
SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION.
Section 112 of the Act is repealed.
‘‘(A) improve the academic and technical
skills of students participating in vocational-
technical education programs which includes
strengthening the academic and vocational com-
ponents of vocational-technical education pro-
grams through the integration of academics
with vocational-technical education to ensure
learning in the core academic and vocational
subjects and provide students with strong expe-
rience and understanding of all aspects of the
industry; and
‘‘(B) ensure that students who participate
in such vocational-technical education programs
are taught to the same challenging academic
proficiencies as are provided for all other stu-
dents;
‘‘(5) describe how the State will annually evalu-
ate the effectiveness of such vocational-technical
education programs and describe, to the extent prac-
ticable, how the State is coordinating such programs
to ensure nonduplication with other existing Federal
programs;
‘‘(6) identify the benchmarks that the State will
use to measure the progress of the State, including
a description of how such benchmarks will ensure
continuous improvement for vocational-technical stu-
dents in meeting such benchmarks;
‘‘(7) describe how the State will—
‘‘(A) provide vocational-technical education
programs that lead to high skill, high wage ca-
reers for members of special populations, dis-
placed homemakers, single parents, and single
pregnant women; and
‘‘(B) ensure that members of special popu-
lations meet State benchmarks established
under section 114 and are prepared for post-
secondary education, further learning, and high
skill, high wage careers;
‘‘(8) describe what steps the State shall take to
involve representatives of local school boards in the
development of the State’s benchmarks;
‘‘(9) provide a financial audit of funds received
under this Act which may be included as part of an
audit of other Federal or State programs; and
‘‘(10) provide assurances that none of the funds
expended under this Act will be used to acquire
equipment (including computer software) in any in-
stance in which such acquisition results in a direct
financial benefit to any organization representing
the interests of the purchasing entity or its employ-
ees or any affiliate of such an organization.
‘‘(c) AMENDMENTS.—The State board may submit
amendments to the State application, as necessary, during
the 5-year period. Such amendments shall be submitted
in accordance with section 113(c).’’.
SEC. 114. SUBMISSION OF STATE APPLICATION.
Section 114 of the Act is amended—
(1) by redesignating such section as section
113;
(2) by striking ‘‘STATE PLAN APPROVAL’’ in
the section heading and inserting ‘‘SUBMISSION OF
STATE APPLICATION’’;
(3) by striking subsections (a) and (b); and
(4) by adding at the end the following:
‘‘(a) APPLICATION.—Each State application shall be
submitted to the Secretary by not later than May 1 pre-
ceding the beginning of the first fiscal year for which a
State application is to be in effect.
‘‘(b) CONSULTATION.—The State board shall develop
the portion of each State application relating to the
amount and uses of any funds proposed to be reserved
for adult vocational-technical education, postsecondary vo-
cational-technical education, tech-prep education, and sec-
ondary vocational-technical education after consultation
with the State agency responsible for supervision of com-
munity colleges, technical institutes, or other 2-year post-
secondary institutions primarily engaged in providing
postsecondary vocational-technical education, and the
State agency responsible for secondary education. If a
State agency finds that a portion of the final State appli-
cation is objectionable, such agency shall file such objec-
tions with the State board. The State board shall respond
to any objections of such agency in submitting such appli-
cation to the Secretary.
‘‘(c) APPLICATION SUBMISSION.—A State application
submitted to the Secretary under this section shall be ap-
proved by the Secretary unless the Secretary makes a
written determination, within 90 days after receiving the
application, that the application is in violation of the provi-
sions of this Act.’’.
SEC. 115. ACCOUNTABILITY.
Part B of title I is amended by inserting after section
113, as redesignated, the following:
‘‘SEC. 114. ACCOUNTABILITY.
‘‘(a) BENCHMARKS.—
‘‘(1) ELIGIBILITY.—To be eligible to receive an
allotment under section 102, a State shall develop
and identify in the State application submitted
under section 113 proposed rigorous and quantifi-
able benchmarks to measure the statewide progress
of the State, which shall include, at a minimum,
measures, of—
‘‘(A) attainment of challenging State aca-
demic and vocational proficiencies;
‘‘(B) attainment of secondary school diplo-
mas or general equivalency diplomas; and
‘‘(C) placement in, retention in, and com-
pletion of, postsecondary education or advanced
training, or placement and retention in military
service, or employment.
‘‘(2) EXISTING BENCHMARKS.—If a State has
developed State performance indicators or bench-
marks for skills according to challenging academic
or vocational proficiencies consistent with this Act,
the State may use such performance indicators or
benchmarks in measuring the progress of vocational-
technical education students.
‘‘(b) PROGRAM IMPROVEMENT AND SANCTIONS.—
‘‘(1) STATE PROGRAM IMPROVEMENT PLAN.—If
a State fails to meet its State benchmarks as de-
scribed in the report submitted under subsection (c),
the State shall develop and implement a program
improvement plan in consultation with appropriate
agencies, individuals, and organizations for the first
program year succeeding the program year in which
the State failed to meet its benchmarks in order to
avoid a sanction as provided under paragraph (3).
‘‘(2) LOCAL IMPROVEMENT PLAN.—If an eligi-
ble recipient fails to meet its State benchmarks, the
eligible recipient shall develop a program improve-
ment plan with appropriate agencies, individuals,
and organizations for the succeeding program year.
‘‘(3) SANCTIONS.—
‘‘(A) IN
GENERAL.—If a State fails to
meet the State benchmarks required under sub-
section (a), and has not implemented an im-
provement plan as described in paragraph (1),
has not demonstrated improvement in meeting
its benchmarks, or has failed to meet its bench-
marks for 2 or more consecutive years, the Sec-
retary may, after notice and opportunity for a
hearing, or withhold from the State all, or a
portion of, the State’s allotment under this Act.
The Secretary may waive the sanction due to
exceptional or uncontrollable circumstances
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of
the State.
‘‘(B) FUNDS RESULTING FROM REDUCED
ALLOTMENTS.—The amount of funds retained
by the Secretary as a result of a reduction in
an allotment made under subparagraph (A)
shall be redistributed to other States in accord-
ance with section 101.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—
‘‘(A) INFORMATION.—Each State that re-
ceives an allotment under section 102 shall an-
nually prepare and submit to the Secretary a
report on how the State is performing on State
benchmarks that relate to vocational-technical
education programs. In preparing the report,
the State may include information on such ad-
ditional vocational-technical education bench-
marks as the State may establish.
‘‘(B) SPECIAL POPULATIONS.—The report
submitted by the State in accordance with sub-
paragraph (A) shall include a description of
how special populations, displaced homemakers,
single parents, and single pregnant women par-
ticipating in vocational-technical education pro-
grams have performed in meeting the voca-
tional-technical education benchmarks estab-
lished by the State.
‘‘(2) INFORMATION DISSEMINATION.—
‘‘(A) STATE REQUIREMENTS.—Each State
shall make the information contained in reports
described under paragraph (1) available to the
general public through publication and other
appropriate methods which may include elec-
tronic communication.
‘‘(B) SECRETARY
REQUIREMENTS.—The
Secretary shall make the information contained
in such reports available to the general public
through publication and other appropriate
methods which may include electronic commu-
nication.
‘‘(3) BENCHMARK PERFORMANCE.—Each local
recipient shall make available to the general public
information regarding how the local recipient is per-
forming in regard to the State benchmarks.’’.
SEC. 116. PROGRAM EVALUATION.
Sections 115, 116, 117, and 118 of the Act are re-
pealed.
TITLE II—BASIC STATE GRANTS
FOR 
VOCATIONAL-TECH-
NICAL EDUCATION
SEC. 201. STATE PROGRAMS.
(a) HEADING.—The heading for title II is amended
to read as follows:
‘‘TITLE II—BASIC STATE GRANTS
FOR 
VOCATIONAL-TECH-
NICAL EDUCATION’’.
(b) PROGRAMS.—Section 201 of the Act is amend-
ed—
(1) in subsection (a), by striking ‘‘102(a)(3)’’
and inserting ‘‘102(a)(2)’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) REQUIRED USES OF FUNDS.—The programs
described in subsection (a) shall include—
‘‘(1) an assessment of the vocational-technical
education programs carried out with funds under
this Act that includes an assessment of how the
needs of special populations are being met and how
such programs will ensure that the benchmarks es-
tablished under section 114 are being met;
‘‘(2) developing, improving, or expanding the
use of technology 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 intern-
ships and mentoring programs;
‘‘(3) professional development programs, includ-
ing—
‘‘(A) inservice and preservice training in
state-of-the-art vocational-technical education
programs and techniques, effective teaching
skills based on research, and effective practices
to improve parental and community involve-
ment; 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; and
‘‘(4) support for vocational-technical education
programs that improve the academic and technical
skills of students participating in vocational-tech-
nical education programs by strengthening the aca-
demic and vocational component of such vocational-
technical education programs through the integra-
tion of academics with vocational-technical education
to ensure learning in the core academic and voca-
tional subjects.’’;
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) PERMISSIBLE USES OF FUNDS.—The programs
under subsection (a) may include—
‘‘(1) technical support for eligible recipients;
‘‘(2) establishing agreements between secondary
and postsecondary vocational-technical education
programs in order to provide postsecondary edu-
cation and training opportunities for students par-
ticipating in such vocational-technical education pro-
grams, such as tech-prep programs;
‘‘(3) support for programs for single parents,
displaced homemakers, single pregnant women, and
individuals in nontraditional occupations that lead to
high skill, high wage careers;
‘‘(4) support for cooperative education;
‘‘(5) support for vocational student organiza-
tions;
‘‘(6) support for public charter schools operat-
ing secondary vocational-technical education pro-
grams;
‘‘(7) support for vocational-technical education
programs that offer experience in, and understand-
ing of, all aspects of the industry for which students
are preparing to enter;
‘‘(8) support for family and consumer sciences
programs;
‘‘(9) support for corrections vocational-technical
education;
‘‘(10) support for education and business part-
nerships; and
‘‘(11) support to improve or develop new voca-
tional-technical education courses.’’; and
(4) by adding after subsection (c) the following
new subsection:
‘‘(d) RESTRICTION ON USES OF FUNDS.—A State
that receives funds under section 102(a)(2) may not use
any of such funds to pay administrative costs.’’.
SEC. 202. SECONDARY, POSTSECONDARY, AND ADULT VO-
CATIONAL-TECHNICAL 
EDUCATION 
PRO-
GRAMS.
Part B of title II of the Act is amended to read as
follows:
‘‘PART B—SECONDARY, POSTSECONDARY, AND
ADULT 
VOCATIONAL-TECHNICAL 
EDU-
CATION PROGRAMS
‘‘Subpart 1—Within-State Allocation
‘‘SEC. 221. DISTRIBUTION OF FUNDS TO SECONDARY
SCHOOL PROGRAMS.
‘‘(a) GENERAL RULE.—Except as otherwise provided
in this section and section 223, each State shall distribute
the funds received under this Act and available in fiscal
year 1998 for secondary school vocational-technical edu-
cation to local educational agencies within the State as
follows:
‘‘(1) From 70 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 70 percent as
the amount such local educational agency was allo-
cated under section 1124 or such section’s prede-
cessor authority of the Elementary and Secondary
Education Act of 1965 in the preceding fiscal year
bears to the total amount received under such sec-
tion by local educational agencies in the State in
such year.
‘‘(2) From 20 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 20 percent as
the number of students with disabilities who have in-
dividualized education programs under section
614(d) of the Individuals with Disabilities Education
Act who are served by such local educational agency
in the preceding fiscal year bears to the total num-
ber of such students served by local educational
agencies in the State in such year.
‘‘(3) From 10 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 10 percent as
the number of students enrolled in schools and
adults enrolled in training programs under the juris-
diction of such local educational agency in the pre-
ceding fiscal year bears to the number of students
enrolled in schools and adults enrolled in training
programs under the jurisdiction of all local edu-
cational agencies in the State in such year.
‘‘(b) SPECIAL DISTRIBUTION RULES
FOR SUBSE-
QUENT FISCAL YEARS.—
‘‘(1) FISCAL YEARS 1999 AND 2000.—In fiscal
years 1999 and 2000, each State shall distribute the
funds available under this Act in such fiscal years
for secondary school vocational-technical education
programs to local educational agencies within the
State as follows:
‘‘(A) LESSER OR EQUAL AMOUNTS.—Each
State shall distribute all funds allocated by the
State for each such fiscal year for secondary
school vocational-technical education programs
in amounts less than or equal to the total
amount of funds distributed pursuant to section
231(a) of this Act as such section was in effect
on the day before the date of the enactment of
the Carl D. Perkins Vocational-Technical Edu-
cation Act Amendments of 1997 for such pro-
grams in fiscal year 1997 as follows:
‘‘(i) 30 percent shall be allocated to
such agencies in proportion to the number
of individuals aged 15 to 19, inclusive, who
reside in the school district served by such
agency for the preceding fiscal year com-
pared to the total number of such individ-
uals who reside in the school districts
served by all local educational agencies in
the State for such preceding year.
‘‘(ii) 70 percent shall be allocated to
such agencies in proportion to the number
of individuals aged 15 through 19, inclu-
sive, who reside in the school district
served by such agency from families with
incomes below the poverty line (as defined
by the Office of Management and Budget
and revised annually in accordance with
section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) ap-
plicable to a family of the size involved for
the fiscal year for which the determination
is made compared to the number of such
individuals in all the local educational
agencies in the State.
‘‘(B) GREATER
AMOUNTS.—Each State
shall distribute all funds allocated by the State
for each such fiscal year for secondary school
vocational-technical 
education 
programs 
in
amounts greater than the total amount of funds
distributed pursuant to section 231(a) of this
Act as such section was in effect on the day be-
fore the date of the enactment of the Carl D.
Perkins Vocational-Technical Education Act
Amendments of 1997 for such programs in fis-
cal year 1997 as follows:
‘‘(i) 40 percent shall be allocated to
such agencies in proportion to the number
of individuals aged 15 to 19, inclusive, who
reside in the school district served by such
agency for the preceding fiscal year com-
pared to the total number of such individ-
uals who reside in the school districts
served by all local educational agencies in
the State for such preceding year.
‘‘(ii) 60 percent shall be allocated to
such agencies in proportion to the number
of individuals aged 15 through 19, inclu-
sive, who reside in the school district
served by such agency from families with
incomes below the poverty line (as defined
by the Office of Management and Budget
and revised annually in accordance with
section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) ap-
plicable to a family of the size involved for
the fiscal year for which the determination
is made compared to the number of such
individuals in all the local educational
agencies in the State.
‘‘(2) FISCAL YEAR 2001.—Each State shall dis-
tribute funds allocated under this Act in fiscal year
2001 for secondary school vocational-technical edu-
cation programs to local educational agencies within
the State as follows:
‘‘(A) 35 percent shall be allocated to such
agencies in proportion to the number of individ-
uals aged 15 to 19, inclusive, who reside in the
school district served by such agency for the
preceding fiscal year compared to the total
number of such individuals who reside in the
school districts served by all local educational
agencies in the State for such preceding year.
‘‘(B) 65 percent shall be allocated to such
agencies in proportion to the number of individ-
uals aged 15 through 19, inclusive, who reside
in the school district served by such agency
from families with incomes below the poverty
line (as defined by the Office of Management
and Budget and revised annually in accordance
with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) applica-
Block Grant Act (42 U.S.C. 9902(2)) applica-
ble to a family of the size involved for the fiscal
year for which the determination is made com-
pared to the number of such individuals in all
the local educational agencies in the State.
‘‘(c) WAIVER
FOR MORE EQUITABLE DISTRIBU-
TION.—The Secretary may waive the application of sub-
section (b) in the case of any State that submits to the
Secretary an application for such a waiver that—
‘‘(1) demonstrates that a proposed alternative
formula more effectively targets funds on the basis
of poverty (as defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)) to local educational
agencies within the State than the formula described
in subsection (b); and
‘‘(2) includes a proposal for such an alternative
formula.
‘‘(d) MINIMUM GRANT AMOUNT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no local educational agency shall be eligi-
ble for a grant under this part unless the amount al-
located to such agency under subsections (a) and (b)
is not less than $10,000. A local educational agency
may enter into a consortium with other local edu-
cational agencies for purposes of meeting the mini-
mum allocation requirement of this paragraph.
‘‘(2) WAIVER.—The State shall waive the appli-
cation of paragraph (1) in any case in which the
local educational agency—
‘‘(A)(i) is located in a rural, sparsely popu-
lated area, or
‘‘(ii) is a public charter school operating
secondary vocational-technical education pro-
grams; and
‘‘(B) demonstrates that the agency is un-
able to enter into a consortium for purposes of
providing services under this part.
‘‘(3) REDISTRIBUTION.—Any amounts that are
not allocated by reason of paragraph (1) or para-
graph (2) shall be redistributed to local educational
agencies that meet the requirements of paragraph
(1) or (2) in accordance with the provisions of this
section.
‘‘(e) LIMITED JURISDICTION AGENCIES.—
‘‘(1) IN GENERAL.—In applying the provisions
of subsections (a), (b), (c), and (d), no State receiv-
ing assistance under this Act shall allocate funds to
a local educational agency that serves only elemen-
tary 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) SECONDARY SCHOOL JURISDICTION.—The
amount to be allocated under paragraph (1) to a
local educational agency that has jurisdiction only
over secondary schools shall be determined based on
the number of students that were enrolled in such
secondary schools in the previous year from the ele-
mentary schools involved.
‘‘(f) ALLOCATIONS
TO AREA VOCATIONAL-TECH-
NICAL EDUCATION SCHOOLS AND EDUCATIONAL SERVICE
AGENCIES.—
‘‘(1) IN GENERAL.—Each State shall distribute
funds available for secondary school vocational-tech-
nical education programs to the appropriate area vo-
cational-technical education school or educational
service agency in any case in which the area voca-
tional-technical education school or educational serv-
ice agency and the local educational agency con-
cerned—
‘‘(A) have formed or will form a consor-
tium for the purpose of receiving funds under
this section; or
‘‘(B) have entered into or will enter into a
cooperative arrangement for such purpose.
‘‘(2) ALLOCATION
BASIS.—If an area voca-
tional-technical education school or educational serv-
ice agency meets the requirements of paragraph (1),
then the amount that would otherwise be distributed
to the local educational agency shall be allocated to
the area vocational-technical education school, the
educational service agency, and the local educational
agency based on each school’s or entity’s relative
share of students who are attending vocational-tech-
nical education programs (based, if practicable, on
the average enrollment for the prior 3 years).
‘‘(3) APPEALS PROCEDURE.—The State board
shall establish an appeals procedure for resolution of
any dispute arising between a local educational
agency and an area vocational-technical education
school or an educational service agency with respect
to the allocation procedures described in this section,
including the decision of a local educational agency
to leave a consortium or terminate a cooperative ar-
rangement.
‘‘(g) CONSORTIUM REQUIREMENTS.—
‘‘(1) ALLIANCE.—Any local educational agency
receiving an allocation that is not sufficient to con-
duct a program which meets the requirements of
section 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; and
‘‘(B) transfer such allocation to the area
vocational-technical education school or edu-
cational service agency; and
‘‘(C) operate programs that are of suffi-
cient 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 mem-
bers of the consortium and can be used only for pro-
grams authorized under this Act. Such funds may
not be reallocated to individual members of the con-
sortium 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
postsecondary and adult vocational-technical edu-
cation programs to eligible institutions or consortia
of eligible institutions within the State.
‘‘(2) FORMULA.—Each eligible institution or
consortium of eligible institutions shall receive an
amount that bears the same relationship to the
amount of funds available under such section as the
number of individuals who are Pell Grant recipients
or recipients of assistance from the Bureau of In-
dian Affairs and are enrolled in programs meeting
the requirements of section 225 offered by such in-
stitution or consortium in the preceding fiscal year
bears to the number of such recipients enrolled in
such programs within the State for such year.
‘‘(3) CONSORTIUM REQUIREMENTS.—
‘‘(A) IN GENERAL.—In order for a consor-
tium of eligible institutions described in para-
graph (2) to receive assistance pursuant to such
paragraph, such consortium shall operate joint
projects that—
‘‘(i) provide services to all postsecond-
ary institutions participating in the consor-
tium; and
‘‘(ii) are of sufficient size, scope, and
quality as to be effective.
‘‘(B) FUNDS TO CONSORTIUM.—Funds al-
located to a consortium formed to meet the re-
quirements of this section shall be used only for
purposes and programs that are mutually bene-
ficial to all members of the consortium and can
be used only for programs authorized under
this Act. Such funds may not be reallocated to
individual members of the consortium for pur-
poses or programs benefiting only one member
of the consortium.
‘‘(b) WAIVER
FOR MORE EQUITABLE DISTRIBU-
TION.—The Secretary may waive the application of sub-
section (a) in the case of any State that submits to the
Secretary 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
disadvantaged individuals and that an alternative
formula 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 $35,000.
‘‘(2) REDISTRIBUTION.—Any amounts that are
not distributed by reason of paragraph (1) shall be
redistributed to eligible institutions or consortia of
eligible institutions in accordance with the provisions
of this section.
‘‘(d) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(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 re-
quirements of section 225 and seeks to receive as-
sistance 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 de-
termined by the State.
‘‘(2) MINIMAL AMOUNT.—For purposes of this
section, the term ‘minimal amount’ means not more
than 15 percent of the total amount made available
for distribution under this part.
‘‘(b) REDISTRIBUTION.—
‘‘(1) IN GENERAL.—In any academic year that
a local educational agency or eligible institution does
not expend all of the amounts it is allocated for such
year under section 221 or 222, such recipient shall
return any unexpended amounts to the State to be
reallocated under section 221 or 222, as appropriate.
‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED
LATE IN AN ACADEMIC YEAR.—In any academic year
in which amounts are returned to the State under
section 221 or 222 and the State is unable to reallo-
cate such amounts according to such sections in
time for such amounts to be expended in such aca-
demic year, the State shall retain such amounts for
distribution in combination with amounts provided
under this title for the following academic year.
‘‘(c) 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
section 221, from working with an eligible recipient
(or consortium thereof) that receives assistance
under section 222, to carry out secondary school vo-
cational-technical education programs in accordance
with this title;
‘‘(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 vocational-technical education programs in ac-
cordance with this title; or
‘‘(3) to require a charter school which provides
vocational-technical education programs and is a
local educational agency to jointly establish its eligi-
bility 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 vocational-
technical education 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 recipi-
ent desiring financial assistance under this part shall, in
accordance with requirements established by the State
board, submit an application to the State board. Such ap-
plication 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
requirements for local applications, except that each appli-
cation 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 vo-
cational-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 and vocational components of
such programs through the integration of aca-
demics with vocational-technical education pro-
grams through a coherent sequence of courses
to ensure learning in the core academic and vo-
cational subjects; and
‘‘(B) ensure that students who participate
in such vocational-technical education programs
are taught to the same challenging academic
proficiencies as are provided for all other stu-
dents;
‘‘(4) describe how parents, students, teachers,
business and representatives of employees are in-
volved in the development, implementation, and eval-
uation of vocational-technical education programs
assisted under this Act, and how these individuals
are effectively informed about, and assisted in un-
derstanding, the requirements of this Act; and
‘‘(5) provide assurances that the eligible recipi-
ent will provide a vocational-technical education pro-
gram that is of such size, scope, and quality as to
bring about improvement in the quality of voca-
tional-technical 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.
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 es-
tablished under section 114 are being met.
‘‘(c) PERMISSIBLE ACTIVITIES.—Funds made avail-
able under this part may be used for—
‘‘(1) establishing agreements between secondary
and postsecondary vocational-technical education
programs in order to provide postsecondary edu-
cation and training opportunities for students par-
ticipating in such vocational-technical programs,
such as tech-prep programs;
‘‘(2) involving parents, business, and represent-
atives of employees in the design, implementation,
and evaluation of vocational-technical education pro-
grams authorized under this Act;
‘‘(3) providing career guidance and academic
counseling;
‘‘(4) providing work related experience, such as
internships, cooperative education, school-based en-
terprises, entrepreneurship, and job shadowing that
are related to vocational-technical education pro-
grams;
‘‘(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;
‘‘(10) establishing effective programs and pro-
cedures 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;
‘‘(11) teacher preparation programs which as-
sist individuals who are interested in becoming voca-
tional-technical education instructors, including indi-
viduals with experience in business and industry;
‘‘(12) improving or developing new vocational-
technical education courses; and
‘‘(13) support for family and consumer sciences
programs.
‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipi-
ent receiving funds under this part shall not use more than
2 percent of the funds for administrative costs associated
with the administration of the grant.’’.
SEC. 203. REPEAL OF PART C.
Part C of title II is repealed.
TITLE III—RESEARCH AND
DEVELOPMENT
SEC. 301. EVALUATION; RESEARCH, DEMONSTRATIONS AND
DISSEMINATION.
(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, re-
search, demonstrations, and dissemination with re-
gard to the vocational-technical education programs
assisted under this Act.
‘‘(2) PLAN.—Such plan shall—
‘‘(A) identify the vocational-technical edu-
cation programs the Secretary will carry out
under this section;
‘‘(B) describe how the Secretary will evalu-
ate such vocational-technical education pro-
grams in accordance with subsection (b); and
‘‘(C) include such other information as the
Secretary determines to be appropriate.
‘‘(b) EVALUATION AND ASSESSMENT.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under subsection (g), the Secretary shall pro-
vide for the conduct of an independent evaluation
and assessment of vocational-technical education
programs under this Act through studies and analy-
ses conducted independently through grants and
contracts awarded on a competitive basis.
‘‘(2) CONTENTS.—Such evaluation and assess-
ment of vocational-technical education programs
shall include descriptions of—
‘‘(A) the extent to which State, local, and
tribal entities have developed, implemented, or
improved State and local vocational-technical
education programs;
‘‘(B) the degree to which the expenditures
of funds provided under this Act at the Federal,
State, local, and tribal levels address improve-
ment in vocational-technical education pro-
grams;
‘‘(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) COLLECTION OF INFORMATION 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 ad-
dressing the education, employment, and train-
ing needs of participants in vocational-technical
education programs;
‘‘(B) to carry out research to increase the
effectiveness and improve the implementation of
vocational-technical education programs, includ-
ing conducting research and development and
studies providing longitudinal information or
formative evaluation with respect to vocational-
technical education programs;
‘‘(C) to carry out research that can be
used to improve teaching and learning in the
vocational-technical education classroom; and
‘‘(D) to carry out such other research as
the Secretary determines to be appropriate to
achieve the purposes of this Act.
‘‘(2) SUMMARY.—The Secretary shall provide
an annual report summarizing the evaluations and
assessments described in subsection (b), and the re-
search conducted pursuant to this subsection, and
the findings of such evaluations and assessments,
and research, to the Committee on Education and
the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of
the Senate.
‘‘(e) DEMONSTRATIONS AND DISSEMINATION.—
‘‘(1) DEMONSTRATION
PROGRAM.—The Sec-
retary is authorized to carry out demonstration voca-
tional-technical education programs, to replicate
model vocational-technical education programs, to
disseminate best practices information, and to pro-
vide technical assistance upon request of a State, for
the purposes of developing, improving, and identify-
ing the most successful methods and techniques for
providing vocational-technical education programs
assisted under this Act.
‘‘(2) DEMONSTRATION PARTNERSHIP.—
‘‘(A) IN
GENERAL.—The Secretary shall
carry out a demonstration partnership project
involving a 4-year, accredited postsecondary in-
stitution, in cooperation with local public edu-
cation organizations, volunteer groups, and pri-
vate sector business participants to provide pro-
gram support, and facilities for education,
training, 
tutoring, 
counseling, 
employment
preparation, specific skills training in emerging
and established professions, retraining of mili-
tary medical personnel, retraining of individuals
displaced by corporate or military restructuring,
migrant workers, and other individuals who oth-
erwise would not have access to such services,
through multi-site, multi-State distance learn-
ing technologies.
‘‘(B) PROGRAM.—Such program may be
carried out directly or through grants, con-
tracts, cooperative agreements, or through the
national center or centers.
‘‘(f) DEFINITION.—As used in this section, the term
‘institution of higher education’ has the meaning given the
term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for fiscal year 1998 and such sums as may be
necessary for each of the 4 succeeding fiscal years to carry
out this part.’’.
SEC. 302. TECH-PREP EDUCATION.
Part B of title III is amended to read as follows:
‘‘PART C—TECH-PREP EDUCATION
‘‘SEC. 321. TECH-PREP EDUCATION.
‘‘(a) PROGRAM AUTHORIZED.—The State board, in
accordance with the provisions of this part, shall award
grants to consortia on a competitive basis or on the basis
of a formula determined by the State board, for tech-prep
education programs.
‘‘(b) GENERAL AUTHORITY.—Each grant recipient
shall use amounts provided under the grant to develop and
operate a 4- or 6-year tech-prep education program.
‘‘(c) CONTENTS OF PROGRAM.—Any such program
shall—
‘‘(1) be carried out under an articulation agree-
ment between the participants in the consortium;
‘‘(2) consist of the 2 or 4 years of secondary
school preceding graduation and 2 years of higher
education, or an apprenticeship program of at least
2 years following secondary instruction, with a com-
mon core of required proficiency in mathematics,
science, communications, and technologies designed
to lead to an associate degree or postsecondary cer-
tificate in a specific career field;
‘‘(3) include the development of tech-prep edu-
cation program components appropriate to the needs
of the consortium participants;
‘‘(4) include in-service training for teachers
that—
‘‘(A) is designed to train vocational-tech-
nical teachers to effectively implement tech-prep
education programs;
‘‘(B) provides for joint training for teach-
ers in the tech-prep consortium; and
‘‘(C) may provide such training in week-
end, evening, and summer sessions, institutes,
or workshops;
‘‘(5) include training programs for counselors
designed to enable counselors to more effectively—
‘‘(A) provide information to students re-
garding tech-prep education programs;
‘‘(B) support student progress in complet-
ing such programs; and
‘‘(C) provide information on related em-
ployment opportunities;
‘‘(6) provide equal access to the full range of
technical preparation programs to individuals who
are members of special populations, including the
development of tech-prep education program services
appropriate to the needs of such individuals; and
‘‘(7) provide for preparatory services that assist
participants in such programs.
‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each
such program may—
‘‘(1) provide for the acquisition of tech-prep
education program equipment; and
‘‘(2) acquire technical assistance from State or
local entities that have successfully designed, estab-
lished and operated tech-prep programs.
‘‘SEC. 322. APPLICATIONS.
‘‘(a) IN GENERAL.—Each consortium that desires to
receive a grant under this part shall submit an application
to the State board, as appropriate, at such time and in
such manner as the State board shall prescribe.
‘‘(b) PLAN.—Each application submitted under this
section shall contain a 5-year plan for the development
and implementation of programs under this part.
‘‘(c) APPROVAL.—The State board shall approve ap-
plications based on their potential to create an effective
tech-prep education program as provided for in this sec-
tion.
‘‘(d) SPECIAL CONSIDERATION.—The State board, as
appropriate, shall give special consideration to applications
which—
‘‘(1) provide for effective employment placement
activities or transfer of students to 4-year bacca-
laureate degree programs;
‘‘(2) are developed in consultation with busi-
ness, industry, institutions of higher education, and
representatives of employees;
‘‘(3) address effectively the issues of dropout
prevention and reentry and the needs of special pop-
ulations.
‘‘SEC. 323. REPORT.
‘‘Each State that receives a grant under this part
shall annually prepare and submit to the Secretary a re-
port on the effectiveness of their Tech-Prep programs, in-
cluding how competitive grants were awarded within the
State.
‘‘SEC. 324. ALLOTMENT.
‘‘The Secretary shall allot funds under this part in
each fiscal year in the same manner as funds are allotted
under section 101(a)(2).
‘‘SEC. 325. AUTHORIZATION.
‘‘(a) IN GENERAL.—From amounts made available
under section 3(a), 10 percent shall be used to carry out
this part for fiscal year 1998 and for each of the 4 suc-
ceeding fiscal years.
‘‘(b) MINIMUM AMOUNT.—No State shall receive a
grant of less than $250,000 under this part in any fiscal
year.’’.
SEC. 303. VOCATIONAL-TECHNICAL EDUCATION AND OCCU-
PATIONAL INFORMATION DATA SYSTEMS.
Part C of title IV is amended—
(1) by striking the part heading and inserting
the following:
‘‘PART B—VOCATIONAL-TECHNICAL EDUCATION
INFORMATION’’;
(2) by redesignating sections 421 through 424
as sections 311 through 314, respectively.
(3) by amending subsection (e) of section 312,
as redesignated under paragraph (2), to read as fol-
lows:
‘‘(e) There are authorized to be appropriated for each
of fiscal years 1998 through 2002 such sums as may be
necessary to carry out this part.’’;
(4) in section 313(a)(1), as redesignated in
paragraph (2), by striking ‘‘421’’ and inserting
‘‘311’’; and
(5) by adding at the end of such part the fol-
lowing new section:
‘‘SEC. 315. AUTHORIZATION OF APPROPRIATIONS
‘‘There are authorized to be appropriated for this
part such sums as may be necessary for fiscal year 1998
and such sums as may be necessary for each of the 4 suc-
ceeding fiscal years.’’.
SEC. 304. REPEALS.
(a) TITLE III.—Parts C, D, E, F, G, and H of title
III of the Act, as the Act was in effect on the day before
the date of the enactment of this Act, are repealed.
(b) TITLE IV.—The heading for title IV and parts
A, B, E, and F of such title of the Act are repealed.
TITLE IV—GENERAL
PROVISIONS
SEC. 401. GENERAL PROVISIONS.
Title V of the Act is amended to read as follows:
‘‘TITLE IV—GENERAL
PROVISIONS
‘‘PART A—FEDERAL ADMINISTRATIVE
PROVISIONS
‘‘SEC. 401. PAYMENTS.
‘‘The Secretary shall pay from its allotment under
section 101 to each State for any fiscal year for which
the State has a State application submitted in accordance
with section 113 (including any amendment to such appli-
cation) the Federal share of the costs of carrying out the
State application.
‘‘SEC. 402. FISCAL REQUIREMENTS.
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds received
under this Act shall be used to supplement, not supplant,
the amount of funds that would, in the absence of such
Federal funds, be made available from non-Federal
sources for vocational-technical education programs.
‘‘(b) MAINTENANCE OF EFFORT.—
‘‘(1) DETERMINATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), no payments shall
be made under this title for any fiscal year to
a State for vocational-technical education pro-
grams unless the Secretary of Education deter-
mines that the fiscal effort per student or the
aggregate expenditures of such State for voca-
tional-technical programs for the fiscal year
preceding the fiscal year for which the deter-
mination is made, equaled or exceeded such ef-
fort or expenditures for vocational-technical
education programs, for the second fiscal year
preceding the fiscal year for which the deter-
mination is made.
‘‘(B) COMPUTATION.—In computing the
fiscal effort or aggregate expenditures pursuant
to subparagraph (A), the Secretary of Edu-
cation shall exclude capital expenditures, special
one-time project costs, and the cost of pilot pro-
grams.
‘‘(C) DECREASE IN FEDERAL SUPPORT.—
If the amount made available for vocational-
technical education programs under this Act for
a fiscal year is less than the amount made
available for vocational-technical education pro-
grams under this Act for the preceding fiscal
year, then the fiscal effort per student or the
aggregate expenditures of a State required by
subparagraph (B) for such preceding fiscal year
shall be decreased by the same percentage as
the percentage decrease in the amount so made
available.
‘‘(2) WAIVER.—The Secretary may waive the
requirements of paragraph (1) (with respect to not
more than 5 percent of expenditures required for the
preceding fiscal year by any State) for 1 program
year only, after making a determination that such
waiver would be equitable due to exceptional or un-
controllable circumstances affecting the ability of the
State to meet such requirements, such as a natural
disaster or an unforeseen and precipitous decline in
financial resources. No level of funding permitted
under such a waiver may be used as the basis for
computing the fiscal effort or aggregate expenditures
required under this paragraph for years subsequent
to the year covered by such waiver. The fiscal effort
or aggregate expenditures for the subsequent years
shall be computed on the basis of the level of fund-
ing that would, but for such waiver, have been re-
quired.
‘‘SEC. 403. AUTHORITY TO MAKE PAYMENTS.
‘‘Any authority to make payments or to enter into
contracts under this Act shall be available only to such
extent or in such amounts as are provided in advance ap-
propriation Acts.
‘‘SEC. 404. NATIONAL AND STATE FUNDING.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under the Act.
‘‘SEC. 405. FREEDOM TO CHOOSE.
‘‘None of the funds made available under this Act
shall be used to—
‘‘(1) require any individual to choose or pursue
a specific career path or major or to participate in
any vocational-technical education program;
‘‘(2) compel any individual to enter into a spe-
cific course of study which requires as a condition of
completion, attainment of federally-funded or en-
dorsed industry recognized skills or standards;
‘‘(3) require any individuals to meet or obtain
federally-funded or federally endorsed industry rec-
ognized skills, certificates, or standards, unless the
participant has selected and is participating in a
program or course of study that requires, as a condi-
tion of completion, attainment of an industry-recog-
nized skill or standard; or
‘‘(4) to require any individual to obtain a feder-
ally-funded or endorsed certificate of mastery.
‘‘SEC. 406. LIMITATION FOR CERTAIN STUDENTS.
‘‘None of the funds received under this Act may be
used to provide vocational-technical education programs to
students prior to the seventh grade, except that equipment
and facilities purchased with funds under this Act may
be used by such students.
‘‘SEC. 407. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
‘‘Nothing in this Act shall be construed to be incon-
sistent with applicable Federal laws guaranteeing civil
rights.
‘‘SEC. 408. AUTHORIZATION OF SECRETARY.
‘‘For the purposes of increasing and expanding the
use of technology in vocational-technical education in-
struction, 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 depart-
ments and agencies for the placement of telecommuni-
cations services that are dependent, in whole or in part,
upon the utilization of general spectrum rights for the
transmission or reception of such services.
‘‘SEC. 409. PARTICIPATION OF PRIVATE SCHOOL PERSON-
NEL.
‘‘A State or local educational agency which uses
funds under this Act for inservice and preservice voca-
tional-technical education professional development pro-
grams for vocational-technical education teachers, admin-
istrators, and other personnel may, upon request, permit
the participation in such programs of vocational-technical
education teachers, administrators, and other personnel in
nonprofit private schools offering vocational-technical edu-
cation programs located in the geographical area served
by such agency.
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS
‘‘SEC. 411. JOINT FUNDING.
‘‘(a) GENERAL AUTHORITY.—Funds made available
to States under this Act may be used to provide additional
funds under an applicable program if—
‘‘(1) such program otherwise meets the require-
ments of this Act and the requirements of the appli-
cable program;
‘‘(2) such program serves the same individuals
that are served under this Act;
‘‘(3) such program provides services in a coordi-
nated manner with services provided under this Act;
and
‘‘(4) such funds would be used to supplement,
and not supplant, funds provided from non-Federal
sources.
‘‘(b) APPLICABLE PROGRAM.—For the purposes of
this section, the term ‘applicable program’ means any pro-
gram under any of the following provisions of law:
‘‘(1) Section 123, title II, and title III of the
Job Training Partnership Act.
‘‘(2) The Wagner-Peyser Act.
‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For the
purposes of this section, the term ‘additional funds’ does
not include the use of funds as matching funds.
‘‘SEC. 412. PROHIBITION ON USE OF FUNDS TO INDUCE
OUT-OF-STATE RELOCATION OF BUSINESSES.
‘‘No funds provided under this Act shall be used for
the purpose of directly providing incentives or induce-
ments to an employer to relocate a business enterprise
from one State to another State if such relocation would
result in a reduction in the number of jobs available in
the State where the business enterprise is located before
such incentives or inducements are offered.
‘‘SEC. 413. STATE ADMINISTRATIVE COSTS.
‘‘(a) GENERAL RULE.—Except as provided in sub-
section (b), for each fiscal year for which a State receives
assistance under this Act, the State shall provide from
non-Federal sources for costs the State incurs for adminis-
tration of programs under this Act an amount that is not
less than the amount provided by the State from non-Fed-
eral sources for such costs for the preceding fiscal year.
‘‘(b) EXCEPTION.—If the amount made available for
administration of programs under this Act for a fiscal year
is less than the amount made available for administration
of programs under this Act for the preceding fiscal year,
the amount the State is required to provide from non-Fed-
eral sources for costs the State incurs for administration
of programs under this Act shall be the same percentage
as the amount made available for administration of pro-
grams under this Act.
‘‘SEC. 414. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary may issue regulations under this Act
only to the extent necessary to administer and ensure com-
pliance with the specific requirements of this Act.
‘‘SEC. 415. STUDENT ASSISTANCE AND OTHER FEDERAL
PROGRAMS.
‘‘(a) ATTENDANCE COSTS NOT TREATED AS INCOME
OR RESOURCES.—The portion of any student financial as-
sistance received under this Act that is made available for
attendance costs described in subsection (b) shall not be
considered as income or resources in determining eligi-
bility for assistance under any other program funded in
whole or in part with Federal funds.
‘‘(b) ATTENDANCE COSTS.—The attendance costs de-
scribed in this subsection are—
‘‘(1) tuition and fees normally assessed a stu-
dent carrying the same academic workload as deter-
mined by the institution, and including costs for
rental or purchase of any equipment, materials, or
supplies required of all students in the same course
of study; and
‘‘(2) an allowance for books, supplies, transpor-
tation, dependent care, and miscellaneous personal
expenses for a student attending the institution on
at least a half-time basis, as determined by the insti-
tution.
‘‘(c) COSTS OF VOCATIONAL-TECHNICAL EDUCATION
SERVICES.—Funds made available under title II may be
used to pay for the costs of vocational-technical education
services required in an individualized education plan devel-
oped pursuant to section 614(d) of the Individuals with
Disabilities Education Act and services necessary to meet
the requirements of section 504 of the Rehabilitation Act
of 1973 with respect to ensuring equal access to voca-
tional-technical education.
‘‘PART C—DEFINITIONS
‘‘SEC. 421. DEFINITIONS.
‘‘Except as otherwise specified in this Act, as used
in this Act:
‘‘(1) ADMINISTRATION.—The term ‘administra-
tion’ means programs of a State necessary for the
proper and efficient performance of its duties under
this Act, including supervision, but does not include
curriculum development programs, personnel devel-
opment, or research programs.
‘‘(2) ALL
ASPECTS
OF
THE
INDUSTRY.—The
term ‘all aspects of the industry’ means strong expe-
rience in, and comprehensive understanding of, the
industry that individuals are preparing to enter.
‘‘(3) AREA VOCATIONAL-TECHNICAL EDUCATION
SCHOOL.—The term ‘area vocational-technical edu-
cation school’ means—
‘‘(A) a specialized secondary school used
exclusively or principally for the provision of vo-
cational-technical education to individuals who
are available for study in preparation for enter-
ing the labor market;
‘‘(B) the department of a secondary school
exclusively or principally used for providing vo-
cational-technical education in not fewer than
five different occupational fields to individuals
who are available for study in preparation for
entering the labor market;
‘‘(C) a technical institute or vocational-
technical education school used exclusively or
principally for the provision of vocational-tech-
nical education to individuals who have com-
pleted or left secondary school and who are
available for study in preparation for entering
the labor market, if the institute or school ad-
mits as regular students both individuals who
have completed secondary school and individ-
uals who have left secondary school; or
‘‘(D) the department or division of a junior
college, or community college, that operates
under the policies of the State board and that
provides vocational-technical education in not
fewer than five different occupational fields
leading to immediate employment but not nec-
essarily leading to a baccalaureate degree, if the
department or division admits as regular stu-
dents both individuals who have completed sec-
ondary school and individuals who have left sec-
ondary school.
‘‘(4) CAREER GUIDANCE AND ACADEMIC COUN-
SELING.—The term ‘career guidance and academic
counseling’ means providing individuals with infor-
mation access on career awareness and planning for
their occupational and academic future which shall
involve career options, financial aid, and postsecond-
ary options.
‘‘(5) COOPERATIVE EDUCATION.—The term ‘co-
operative education’ means a method of instruction
of education for individuals who, through written co-
operative arrangements between a school and em-
ployers, receive instruction, including required aca-
demic courses and related vocational-technical edu-
cation instruction, by alternation of study in school
with a job in any occupational field, which alter-
nation shall be planned and supervised by the school
and employer so that each contributes to the edu-
cation and employability of the individual, and may
include an arrangement in which work periods and
school attendance may be on alternate half days, full
days, weeks, or other periods of time in fulfilling the
cooperative program.
‘‘(6) DISPLACED HOMEMAKER.—The term ‘dis-
placed homemaker’ means an individual who—
‘‘(A) has worked primarily without remu-
neration to care for a home and family, and for
that reason has diminished marketable skills; or
‘‘(B) is a parent whose youngest dependent
child will become ineligible to receive assistance
under title I of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996
not later than 2 years after the date of which
the parent applies for assistance under this
title.
‘‘(7) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’ means a regional
public multiservice agency authorized by State stat-
ute to develop and manage a service or program and
provide the service or program to a local educational
agency.
‘‘(8) ELIGIBLE RECIPIENT.—The term ‘eligible
recipient’ means a local educational agency, an area
vocational-technical education school, an educational
service agency, an institution of higher education (as
such term is defined in section 1201(a) of the High-
er Education Act of 1965 (20 U.S.C. 1141(a))), and
a consortium of such entities.
‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ has the meaning given
such term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
‘‘(10) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Micronesia,
and the Republic of Palau.
‘‘(11) REPRESENTATIVES
OF
EMPLOYEES.—
The term ‘representatives of employees’ means—
‘‘(A) individuals who have been elected by
organizations, associations, or a network of
similar institutions to represent the economic
interests of employees at a significant segment
of workplaces; or
‘‘(B) individuals from organizations, asso-
ciations, or a network of similar institutions,
with expertise to represent, or experience rep-
resenting, the interests of employees with re-
spect to vocational-technical education.
‘‘(12) SECONDARY SCHOOL.—The term ‘second-
ary school’ has the meaning given the term in sec-
tion 14101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8801).
‘‘(13) SPECIAL POPULATIONS.—The term ‘spe-
cial populations’ means individuals with disabilities,
economically disadvantaged individuals, individuals
of limited English proficiency, and individuals par-
ticipating in nontraditional training and employ-
ment.
‘‘(14) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Education.
‘‘(15) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘(16) TECH-PREP PROGRAM.—The term ‘tech-
prep program’ means a program of study that—
‘‘(A) combines at least 2 years of second-
ary education (as determined under State law)
and 2 years of postsecondary education in a
nonduplicative sequential course of study;
‘‘(B) strengthens the applied academic
component of vocational-technical education
through the integration of academic and voca-
tional-technical instruction;
‘‘(C) provides technical preparation in an
area such as engineering technology, applied
science, a mechanical, industrial, or practical
art or trade, agriculture, a health occupation,
business, or applied economics;
‘‘(D) builds student competence in mathe-
matics, science, and communications (including
through applied academics) in a coherent se-
quence of courses; and
‘‘(E) leads to an associate degree or a cer-
tificate in a specific career field and to high
skill, high wage employment or further edu-
cation.
‘‘(17) VOCATIONAL-TECHNICAL
EDUCATION.—
The term ‘vocational-technical education’ means or-
ganized educational programs that—
‘‘(A) offer a sequence of courses that pro-
vide individuals with the academic knowledge
and skills the individuals need to prepare for
further education and careers in current or
emerging occupations which require other than
a baccalaureate or an advanced degree; and
‘‘(B) include competency-based applied
learning that contributes to the academic
knowledge, higher-order reasoning and problem-
solving skills, work attitudes, general employ-
ability skills, and occupation-specific skills, of
an individual.
‘‘(18) VOCATIONAL STUDENT ORGANIZATION.—
The term ‘vocational student organization’ means an
organization, for individuals enrolled in programs of
vocational-technical education programs, that en-
gages in programs as an integral part of the instruc-
tional component of such programs, which organiza-
tion may have State and national units.’’.
SEC. 402. REPEAL OF SMITH-HUGHES VOCATIONAL EDU-
CATION ACT.
The Act of February 23, 1917 (39 Stat. 929; 20
U.S.C. 11) (commonly known as the ‘‘Smith-Hughes Vo-
cational Education Act’’) is repealed.
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided, the repeals and amend-
ments made by this Act shall take effect on the date of
the enactment of the Carl D. Perkins Vocational-Technical
Education Act Amendments of 1997.
Passed the House of Representatives July 22, 1997.
Attest:
Clerk.