Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998
PL 105-332 (H.R.1853), enacted 10/31/1998

112 STAT. 3076 
PUBLIC LAW 105-332—OCT. 31, 1998 
Public Law 105-332 
105th Congress 
An Act 
Oct. 31, 1998 
[H.R. 18531 
Carl D. Perkins 
Vocational and 
Applied 
Technology 
Education 
Amendments of 
1998. 
20 u s e 2301 
note. 
20 u s e 2301 
note. 
To amend the Carl D. Perkins Vocational and Applied Technology Education Act. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; AMENDMENT. 
(a) SHORT TITLE.—^This Act may be cited as the "Carl D. Perkins 
Vocational and Applied Technology Education Amendments of 
1998". 
(b) AMENDMENT.—^The Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2301 et seq.) is amended 
to read as follows: 
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
"(a) SHORT TITLE.—This Act may be cited as the 'Carl D. 
Perkins Vocational and Technical Education Act of 1998'. 
"(b) TABLE OF CONTENTS.—^The table of contents for this Act 
is as follows: 
"Sec. 1. Short title; table of contents. 
"Sec. 2. Purpose. 
"Sec. 3. Definitions. 
"Sec. 4. Transition provisions. 
"Sec. 5. Privacy. 
"Sec. 6. Limitation. 
"Sec. 7. Special rule. 
"Sec. 8. Authorization of appropriations. 
"TITLE I—VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
STATES 
"PART A—ALLOTMENT AND ALLOCATION 
Reservations and State allotment. 
Within State allocation. 
Accountability. 
National activities. 
Assistance for the outlying areas. 
Native American program. 
Tribally controlled postsecondary vocational and technical institutions. 
Occupational and employment information. 
"PART B—STATE PROVISIONS 
State administration. 
State plan. 
Improvement plans. 
State leadership activities. 
"PART C—LOCAL PROVISIONS 
Distribution of funds to secondary school programs. 
Distribution of funds for postsecondary vocational and technical 
education programs. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
'Sec. 
'Sec. 
'Sec. 
Sec. 
'Sec. 
'Sec. 
Ill 
112 
113 
114 
1
1
5 
116 
117 
118 
121 
122 
123 
124 
131 
132 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3077 
"Sec. 133. Special rules for vocational and technical education. 
"Sec. 134. Local plan for vocational and technical education programs. 
"Sec. 135. Local uses of funds. 
"TITLE II—TECH-PREP EDUCATION 
"Sec. 201. Short title. 
"Sec. 202. Definitions. 
"Sec. 203. State allotment and application. 
"Sec. 204. Tech-prep education. 
"Sec. 205. Consortium applications. 
^ 
"Sec. 206. Report. 
"Sec. 207. Demonstration program. 
"Sec. 208. Authorization o
f
" appropriations. 
"TITLE III—GENERAL PROVISIONS 
"PART A—FEDERAL ADMINISTRATIVE PROVISIONS 
"Sec. 311. Fiscal requirements. 
"Sec. 312. Authority to make payments. 
"Sec. 313. Construction. 
"Sec. 314. Voluntary selection and participation. 
"Sec. 315. Limitation for certain students. 
"Sec. 316. Federal laws guaranteeing civil rights. 
"Sec. 317. Authorization of Secretary. 
"Sec. 318. Participation of private school personnel. 
"PART B—STATE ADMINISTRATIVE PROVISIONS 
"Sec. 321. Joint funding. 
"Sec. 322. Prohibition on use of funds to induce out-of-State relocation of busi-
nesses. 
"Sec. 323. State administrative costs. 
"Sec. 324. Limitation on Federal regulations. 
"Sec. 325. Student assistance and other Federal programs. 
"SEC. 2. PURPOSE. 
20 USC 2301. 
"The purpose of this Act is to develop more fully the academic, 
vocational, and technical skills of secondary students and post-
secondary students who elect to enroll in vocational and technical 
education programs, by— 
"(1) building on the efforts of States and localities to develop 
challenging academic standards; 
"(2) promoting the development of services and activities 
that integrate academic, vocational, and technical instruction, 
and that link secondary and postsecondary education for partici-
pating vocational and technical education students; 
"(3) increasing State and local flexibility in providing serv-
ices and activities designed to develop, implement, and improve 
vocational and technical education, including tech-prep edu-
cation; and 
"(4) disseminating national research, and providing profes-
sional development and technical assistance, that will improve 
vocational and technical education programs, services, and 
activities. 
"SEC. 3. DEFINITIONS. 
20 USC 2302. 
"In this Act: 
"(1) ADMINISTRATION.—^The term 'administration', when 
used with respect to an eligible agency or eligible recipient, 
means activities necessary for the proper and efficient perform-
ance of the eligible agency or eligible recipient's duties under 
this Act, including supervision, but does not include curriculum 
development activities, personnel development, or research 
activities. 
"(2) ALL ASPECTS OF AN INDUSTRY.—^The term 'all aspects 
of an industry' means strong experience in, and comprehensive 
112 STAT. 3078 
PUBLIC LAW 105-332—OCT. 31, 1998 
understanding of, the industry that the individual is preparing 
to enter. 
"(3) 
AREA 
VOCATIONAL 
AND 
TECHNICAL 
EDUCATION 
SCHOOL.—^The term 'area vocational and technical education 
school' 
"means— 
"(A) a specialized public secondary school used exclu-
sively or principally for the provision of vocational and 
technical education to individuals who are available for 
study in preparation for entering the labor market; 
"(B) the department of a public secondary school exclu-
sively or principally used for providing vocational and tech-
nical education in not fewer than 5 different occupational 
fields to individuals who are available for study in prepara-
tion for entering the labor market; 
"(C) a public or nonprofit technical institution or voca-
tional and technical education school used exclusively or 
principally for the provision of vocational and technical 
education to individuals who have completed or left second-
ary school and who are available for study in preparation 
for entering the labor market, if the institution or school 
admits as regular students both individuals who have com-
pleted secondary school and individuals who have left 
secondary school; or 
"(D) the department or division of an institution of 
higher education, that operates under the policies of the 
eligible agency and that provides vocational and technical 
education in not fewer than five different occupational 
fields leading to immediate employment but not necessarily 
leading to a baccalaureate degree, if the department or 
division admits as regular students both individuals who 
have completed secondary school and individuals who have 
left secondary school. 
"(4) CAREER GUIDANCE AND ACADEMIC COUNSELING.—^The 
term 'career guidance and academic counseling' means provid-
ing access to information regarding career awareness and plan-
ning with respect to an individual's occupational and academic 
future that shall involve guidance and counseling with respect 
to career options, financial aid, and postsecondary options. 
"(5) CHARTER SCHOOL.—^The term 'charter school' has the 
meaning given the term in section 10306 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 8066). 
"(6) COOPERATIVE EDUCATION.—^The term 'cooperative edu-
cation' means a method of instruction of education for individ-
uals who, through written cooperative arrangements between 
a school and employers, receive instruction, including required 
academic courses and related vocational and technical education 
instruction, by alternation of study in school with a job in 
any occupational field, which alternation shall be planned and 
supervised by the school and employer so that each contributes 
to the education and employability of the individual, and may 
include an arrangement in which work periods and school 
attendance may be on alternate half days, full days, weeks, 
or other periods of time in fulfilling the cooperative program. 
"(7) DISPLACED HOMEMAKER.—The term 'displaced home-
maker' means an individual who— 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3079 
"(A)(i) has worked primarily without remuneration to 
care for a home and family, and for that reason has dimin-
ished marketable skills; 
"(ii) has been dependent on the income of another 
family member but is no longer supported by that income; 
or 
"(iii) is a parent whose youngest dependent child will 
become ineligible to receive assistance under part A of 
title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
not later than 2 years after the date on which the parent 
applies for assistance under this title; and 
"(B) is unemployed or underemployed and is experienc-
ing difficulty in obtaining or upgrading employment. 
"(8) EDUCATIONAL SERVICE AGENCY.—The term 'educational 
service agency' has the meaning given the term in section 
14101 of the Elementary and Secondary Education Act of 1965. 
"(9) ELIGIBLE AGENCY.—The term 'eligible agency' means 
a State board designated or created consistent with State law 
as the sole State agency responsible for the administration 
of vocational and technical education or for supervision of the 
administration of vocational and technical education in the 
State. 
"(10) ELIGIBLE INSTITUTION.—^The term 'eligible institution' 
means— 
"(A) an institution of higher education; 
"(B) a local educational agency providing education 
at the postsecondary level; 
"(C) an area vocational and technical education school 
providing education at the postsecondary level; 
"(D) a postsecondary educational institution controlled 
by the Bureau of Indian Affairs or operated by or on 
behalf of any Indian tribe that is eligible to contract with 
the Secretary of the Interior for the administration of pro-
grams under the Indian Self-Determination Act or the Act 
of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.); 
"(E) an educational service agency; or 
"(F) a consortium of 2 or more of the entities described 
in subparagraphs (A) through (E). 
"(11) ELIGIBLE RECIPIENT.—The term 'eligible recipient' 
means— 
"(A) a local educational agency, an area vocational 
and technical education school, an educational service 
agency, or a consortium, eligible to receive assistance under 
section 131; or 
"(B) an eligible institution or consortium of eligible 
institutions eligible to receive assistance under section 132. 
"(12) GOVERNOR.—The term 'Governor' means the chief 
executive officer of a State or an outlying area. 
"(13) INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY.—^The 
term 'individual with limited English proficiency' means a 
secondary school student, an adult, or an out-of-school youth, 
who has limited ability in speaking, reading, writing, or under-
standing the English language, and— 
"(A) whose native language is a language other than 
English; or 
59-194 O - 98 - 11: QL 3 Part 5 
112 STAT. 3080 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(B) who lives in a family or community environment 
in which a language other than English is the dominant 
language. 
"(14) INDIVIDUAL WITH A DISABILITY.— 
"(A) IN GENERAL.—^The term 'individual with a disabil-
ity' means an individual with any disability (as defined 
in section 3 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102)). 
"(B) 
INDIVIDUALS 
WITH 
DISABILITIES.—The 
term 
'individuals with disabilities' means more than 1 individual 
with a disability. 
"(15) 
INSTITUTION 
OF 
HIGHER 
EDUCATION.—The 
term 
'institution of higher education' has the meaning given the 
term in section 101 of the Higher Education Act of 1965. 
"(16) LOCAL EDUCATIONAL AGENCY.—^The term 'local edu-
cational agency' has the meaning given the term in section 
14101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 8801). 
"(17) 
NONTRADITIONAL TRAINING AND EMPLOYMENT.—^The 
term 'nontraditional training and employment' means occupa-
tions or fields of work, including careers in computer science, 
technology, and other emerging high skill occupations, for which 
individuals from one gender comprise less than 25 percent 
of the individuals employed in each such occupation or field 
of work. 
"(18) OUTLYING AREA.—^The term 'outlying area' means the 
United States Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Republic 
of the Marshall Islands, the Federated States of Micronesia, 
and the Republic of Palau. 
"(19) 
POSTSECONDARY 
EDUCATIONAL 
INSTITUTION.—^The 
term 'postsecondary educational institution' means— 
"(A) an institution of higher education that provides 
not less than a 2-year program of instruction that is accept-
able for credit toward a bachelor's degree; 
"(B) a tribally controlled college or university; or 
"(C) a nonprofit educational institution offering certifi-
cate or apprenticeship programs at the postsecondary level. 
"(20) SCHOOL DROPOUT.—^The term 'school dropout' means 
an individual who is no longer attending any school and who 
has not received a secondary school diploma or its recognized 
equivalent. 
"(21) SECONDARY SCHOOL.—^The term 'secondary school' has 
the meaning given the term in section 14101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 8801). 
"(22) SECRETARY.—^The term 'Secretary means the Sec-
retary of Education. 
"(23) SPECIAL POPULATIONS.—^The term 'special populations' 
means— 
"(A) individuals with disabilities; 
"(B) individuals from economically disadvantaged fami-
lies, including foster children; 
"(C) individuals preparing for nontraditional training 
and emplo)mient; 
"(D) single parents, including single pregnant women; 
"(E) displaced homemakers; and 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3081 
"(F) individuals with other barriers to educational 
achievement, including individuals with limited English 
proficiency. 
"(24) STATE.—The term 'State', unless otherwise specified, 
means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puert^^Rico, and 
each outlying area. 
"(25) 
SUPPORT SERVICES.—The term 'support services' 
means services related to curriculum modification, equipment 
modification, classroom modification, supportive personnel, and 
instructional aids and devices. 
"(26) TECH-PREP PROGRAM.—The term 'tech-prep program' 
means a program of study that— 
"(A) combines at least 2 years of secondary education 
(as determined under State law) and 2 years of postsecond-
ary education in a nonduplicative sequential course of 
study; 
"(B) strengthens the applied academic component of 
vocational and technical education through the integration 
of academic, and vocational and technical, instruction; 
"(C) provides technical preparation in an area such 
as engineering technology, applied science, a mechanical, 
industrial, or practical art or trade, agriculture, a health 
occupation, business, or applied economics; 
"(D) builds student 
competence 
in 
mathematics, 
science, and communications (including through applied 
academics) in a coherent sequence of courses; and 
"(E) leads to an associate degree or a certificate in 
a specific career field, and to high skill, high wage employ-
ment, or further education. 
"(27) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—^The 
term 'tribally controlled college or university' has the meaning 
given such term in section 2 of the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)). 
"(28) 
TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL 
AND TECHNICAL INSTITUTION.—The term 'tribally controlled 
postsecondary vocational and technical institution' means an 
institution of higher education (as defined in section 101 of 
the Higher Education Act of 1965, except that paragraph (2) 
of such section shall not be applicable and the reference to 
Secretary in paragraph (5)(A) of such section shall be deemed 
to refer to the Secretary of the Interior) that— 
"(A) is formally controlled, or has been formally sanc-
tioned or chartered, by the governing body of an Indian 
tribe or Indian tribes; 
"(B) offers a technical degree or certificate granting 
program; 
"(C) is governed by a board of directors or trustees, 
a majority of whom are Indians; 
"(D) demonstrates adherence to stated goals, a philoso-
phy, or a plan of operation, that fosters individual Indian 
economic and self-sufficiency opportunity, including pro-
grams that are appropriate to stated tribal goals of develop-
ing individual entrepreneurships and self-sustaining eco-
nomic infrastructures on reservations; 
"(E) has been in operation for at least 3 years; 
112 STAT. 3082 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(F) holds accreditation with or is a candidate for 
accreditation by a nationally recognized accrediting author-
ity for postsecondary vocational and technical education; 
and 
"(G) enrolls the full-time equivalent of not less than 
100 students, of whom a majority are Indians. 
"(29) VOCATIONAL AND TECHNICAL EDUCATION.—The term 
Vocational and technical education' means organized edu-
cational activities that— 
"(A) offer a sequence of courses that provides individ-
uals with the academic and technical knowledge and skills 
the individuals need to prepare for further education and 
for careers (other than careers requiring a baccalaureate, 
master's, or doctoral degree) in current or emerging employ-
ment sectors; and 
"(B) include competency-based applied learning that 
contributes to the 
academic knowledge, 
higher-order 
reasoning and problem-solving skills, work attitudes, gen-
eral employability skills, technical skills, and occupation-
specific skills, of an individual. 
"(30) 
VOCATIONAL AND TECHNICAL STUDENT ORGANIZA-
TION.— 
"(A) IN GENERAL.—^The term 'vocational and technical 
student organization' means an organization for individuals 
enrolled in a vocational and technical education program 
that engages in vocational and technical activities as an 
integral part of the instructional program. 
"(B) STATE AND NATIONAL UNITS.—^An organization 
described in subparagraph (A) may have State and national 
units that aggregate the work and purposes of instruction 
in vocational and technical education at the local level. 
20 use 2303. 
"SEC. 4. TRANSITION PROVISIONS. 
"The Secretary shall take such steps as the Secretary deter-
mines to be appropriate to provide for the orderly transition to 
the authority of this Act from any authority under provisions of 
the Carl D. Perkins Vocational and Applied Technology Education 
Act, as such Act was in effect on the day before the date of enact-
ment of the Carl D. Perkins Vocational and Applied Technology 
Education Amendments of 1998. 
20 use 2304. 
"SEC. 5. PRIVACY. 
"(a) GEPA.—Nothing in this Act shall be construed to supersede 
the privacy protections afforded parents and students under section 
444 of the General Education Provisions Act (20 U.S.C. 1232g), 
as added by the Family Educational Rights and Privacy Act of 
1974 (section 513 of PubHc Law 93-380; 88 Stat. 571). 
"(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.— 
Nothing in this Act shall be construed to permit the development 
of a national database of personally identifiable information on 
individuals receiving services under this Act. 
20 use 2305. 
"SEC. 6. LIMITATION. 
"All of the funds made available under this Act shall be used 
in accordance with the requirements of this Act. None of the funds 
made available under this Act may be used to provide funding 
under the School-to-Work Opportunities Act of 1994 (20 U.S.C. 
6101 et seq.) or to carry out, through programs funded under 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3083 
this Act, activities that were funded under the School-To-Work 
Opportunities Act of 1994, unless the programs funded under this 
Act serve only those participants eligible to participate in the pro-
grams under this Act. 
"SEC. 7. SPECIAL RULE. 
20 USC 2306. 
"In the case of a local community in which no employees are 
represented by a labor organization, for purposes of this Act the 
term 'representatives of employees' shall be substituted for 'labor 
organization'. 
"SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 2307. 
"There is authorized to be appropriated to carry out this Act 
(other than sections 114, 117, and 118, and title II) such sums 
as may be necessary for each of the fiscal years 1999 through 
2003. 
"TITLE 
I—VOCATIONAL 
AND 
TECH-
NICAL EDUCATION ASSISTANCE TO 
THE STATES 
"PART A—ALLOTMENT AND ALLOCATION 
"SEC. 111. RESERVATIONS AND STATE ALLOTMENT. 
20 USC 2321. 
"(a) RESERVATIONS AND STATE ALLOTMENT.— 
"(1) RESERVATIONS.—From the sum appropriated under sec-
tion 8 for each fiscal year, the Secretary shall reserve— 
"(A) 0.2 percent to carry out section 115; 
"(B) 1.50 percent to carry out section 116, of which— 
"(i) 1.25 percent of the sum shall be available 
to carry out section 116(b); and 
"(ii) 0.25 percent of the sum shall be available 
to carry out section 116(h); and 
"(C) in the case of each of the fiscal years 2000 through 
2003, 0.54 percent to carry out section 503 of Public Law 
105-220. 
"(2) STATE ALLOTMENT FORMULA.—Subject to paragraphs 
(3) and (4), from the remainder of the sums appropriated under 
section 8 and not reserved under paragraph (1) for a fiscal 
year, the Secretary shall allot to a State for the fiscal year— 
"(A) an amount that bears the same ratio to 50 percent 
of the sums being allotted as the product of the population 
aged 15 to 19 inclusive, in the State in the fiscal year 
preceding the fiscal year for which the determination is 
made and the State's allotment ratio bears to the sum 
of the corresponding products for all the States; 
"(B) an amount that bears the same ratio to 20 percent 
of the sums being allotted as the product of the population 
aged 20 to 24, inclusive, in the State in the fiscal year 
preceding the fiscal year for which the determination is 
made and the State's allotment ratio bears to the sum 
of the corresponding products for all the States; 
"(C) an amount that bears the same ratio to 15 percent 
of the sums being allotted as the product of the population 
aged 25 to 65, inclusive, in the State in the fiscal year 
preceding the fiscal year for which the determination is 
112 STAT. 3084 
PUBLIC LAW 105-332—OCT. 31, 1998 
made and the State's allotment ratio bears to the sum 
of the corresponding products for all the States; and 
"(D) an amount that bears the same ratio to 15 percent 
of the sums being allotted as the amounts allotted to the 
State under subparagraphs (A), (B), and (C) for such years 
bears to the sum of the amounts allotted to all the States 
under subparagraphs (A), (B), and (C) for such year. 
"(3) MINIMUM ALLOTMENT.— 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of law and subject to subparagraphs (B) and (C), 
and paragraph (4), no State shall receive for a fiscal year 
under this subsection less than V
b of 1 percent of the 
j ^ 
amount appropriated under section 8 and not reserved 
under paragraph (1) for such fiscal year. Amounts nec-
essary for increasing such payments to States to comply 
with the preceding sentence shall be obtained by ratably 
reducing the amounts to be paid to other States. 
"(B) REQUIREMENT.—No State, by reason of the applica-
tion of subparagraph (A), shall receive for a fiscal year 
more than 150 percent of the amount the State received 
under this subsection for the preceding fiscal year (or in 
the case of fiscal year 1999 only, under section 101 of 
the Carl D. Perkins Vocational and Applied Technology 
Education Act, as such section was in effect on the day 
before the date of enactment of the Carl D. Perkins Voca-
tional and Applied Technology Education Amendments of 
1998). 
"(C) SPECIAL RULE.— 
"(i) IN GENERAL.—Subject to paragraph (4), no 
State, by reason of the application of subparagraph 
(A), shall be allotted for a fiscal year more than the 
lesser of— 
"(I) 150 percent of the amount that the State 
received in the preceding fiscal year (or in the 
case of fiscal year 1999 only, under section 101 
of the Carl D. Perkins Vocational and Applied 
Technology Education Act, as such section was 
in effect on the day before the date of enactment 
of the Carl D. Perkins Vocational and Applied 
Technology Education Amendments of 1998); and 
"(II) the amount calculated under clause (ii). 
"(ii) AMOUNT.—^The amount calculated under this 
clause shall be determined by multiplying— 
"(I) the number of individuals in the State 
counted under paragraph (2) in the preceding fiscal 
year; by 
"(II) 150 percent of the national average per 
pupil payment made with funds available under 
this section for that year (or in the case of fiscal 
year 1999, only, under section 101 of the Carl 
D. Perkins Vocational and Applied Technology 
Education Act, as such section was in effect on 
the day before the date of enactment of the Carl 
D. Perkins Vocational and Applied Technology 
Education Amendments of 1998). 
"(4) HOLD HARMLESS.— 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3085 
"(A) IN GENERAL.—No State shall receive an allotment 
under this section for a fiscal year that is less than the 
allotment the State received under part A of title I of 
the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2311 et seq.) (as such part was 
in effect on the day before the date of enactment of the 
Carl D. Perkins Vocational and Applied Technology Edu-
cation Amendments of 1998) for fiscal year 1998. 
"(B) RATABLE REDUCTION.—If for any fiscal year the 
amount appropriated for allotments under this section is 
insufficient to satisfy the provisions of subparagraph (A), 
the payments to all States under such subparagraph shall 
be ratably reduced. 
"(b) REALLOTMENT.—If the Secretary determines that any 
amount of any State's allotment under subsection (a) for any fiscal 
year will not be required for such fiscal year for carrying out 
the activities for which such amount has been allotted, the Secretary 
shall make such amount available for reallotment. Any such reallot-
ment among other States shall occur on such dates during the 
same year as the Secretary shall fix, and shall be made on the 
basis of criteria established by regulation. No funds may be reallot-
ted for any use other than the use for which the funds were 
appropriated. Any amount reallotted to a State under this sub-
section for any fiscal year shall remain available for obligation 
during the succeeding fiscal year and shall be deemed to be part 
of the State's allotment for the year in which the amount is obli-
gated. 
"(c) ALLOTMENT RATIO.— 
"(1) IN GENERAL.—The allotment ratio for any State shall 
be 1.00 less the product o
f
—
-
"(A) 0.50; and 
"(B) the quotient obtained by dividing the per capita 
income for the State by the per capita income for all the 
States (exclusive of the Commonwealth of Puerto Rico and 
the United States Virgin Islands), except that— 
"(i) the allotment ratio in no case shall be more 
than 0.60 or less than 0.40; and 
"(ii) the allotment ratio for the Commonwealth 
of Puerto Rico and the United States Virgin Islands 
shall be 0.60. 
"(2) PROMULGATION.—^The allotment ratios shall be promul-
gated by the Secretary for each fiscal year between October 
1 and December 31 of the fiscal year preceding the fiscal 
year for which the determination is made. Allotment ratios 
shall be computed on the basis of the average of the appropriate 
per capita incomes for the 3 most recent consecutive fiscal 
years for which satisfactory data are available. 
"(3) DEFINITION OF PER CAPITA INCOME.—For the purpose 
of this section, the term 'per capita income' means, with respect 
to a fiscal year, the total personal income in the calendar 
year ending in such year, divided by the population of the 
area concerned in such year. 
"(4) POPULATION DETERMINATION.—^For the purposes of this 
section, population shall be determined by the Secretary on 
the basis of the latest estimates available to the Department 
of Education. 
112 STAT. 3086 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(d) DEFINITION OF STATE.—^For the purpose of this section, 
the term 'State' means each of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
and the United States Virgin Islands. 
20 use 2322. 
"SEC. 112. WITHIN STATE ALLOCATION. 
"(a) IN GENERAL.—From the amount allotted to each State 
under section 111 for a fiscal year, the State board (hereinafter 
referred to as the 'eligible agency') shall make available— 
"(1) not less than 85 percent for distribution under section 
131 or 132, of which not more than 10 percent of the 85 
percent may be used in accordance with subsection (c); 
"(2) not more than 10 percent to carry out State leadership 
activities described in section 124, of which— 
"(A) an amount equal to not more than 1 percent 
of the amount allotted to the State under section 111 
for the fiscal year shall be available to serve individuals 
in State institutions, such as State correctional institutions 
and institutions that serve individuals with disabilities; 
and 
"(B) not less than $60,000 and not more than $150,000 
shall be available for services that prepare individuals 
for nontraditional training and employment; and 
"(3) an amount equal to not more than 5 percent, or 
$250,000, whichever is greater, for administration of the State 
plan, which may be used for the costs of— 
"(A) developing the State plan; 
"(B) reviewing the local plans; 
"(C) monitoring and evaluating program effectiveness; 
"(D) assuring compliance with all applicable Federal 
laws; and 
"(E) providing technical assistance. 
"(b) MATCHING REQUIREMENT.—^Each eligible agency receiving 
funds made available under subsection (a)(3) shall match, from 
non-Federal sources and on a dollar-for-dollar basis, the funds 
received under subsection (a)(3). 
"(c) RESERVE.— 
"(1) IN GENERAL.—From amounts made available under 
subsection (a)(1) to carry out this subsection, an eligible agency 
may award grants to eligible recipients for vocational and tech-
nical education activities described in section 135 in— 
"(A) rural areas; 
"(B) areas with high percentages of vocational and 
technical education students; 
"(C) areas with high numbers of vocational and tech-
nical students; and 
"(D) communities negatively impacted by changes 
resulting from the amendments made by the Carl D. Per-
kins Vocational and Applied Technology Education Amend-
ments of 1998 to the within State allocation under section 
231 of the Carl D. Perkins Vocational and Applied Tech-
nology Education Act (as such section 231 was in effect 
on the day before the date of enactment of the Carl D. 
Perkins Vocational and Applied Technology Education 
Amendments of 1998). 
"(2) SPECIAL RULE.—Each eligible agency awarding a grant 
under this subsection shall use the grant funds to serve at 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3087 
least 2 of the categories described in subparagraphs (A) through 
(D) of paragraph (1). 
"SEC. 113. ACCOUNTABILITY. 
20 USC 2323. 
"(a) PURPOSE.—The purpose of this section is to establish a 
State performance accountability system, comprised of the activities 
described in this section, to assess the effectiveness of the State 
in achieving statewide progress in vocational and technical edu-
cation, and to optimize the return of investment of Federal funds 
in vocational and technical education activities. 
"(b) STATE PERFORMANCE MEASURES.— 
"(1) IN GENERAL.—Each eligible agency, with input from 
eligible recipients, shall establish performance measures for 
a State that consist of— 
"(A) the core indicators of performance described in 
paragraph (2)(A); 
"(B) any additional indicators of performance (if any) 
identified by the eligible agency under paragraph (2)(B); 
and 
"(C) a State adjusted level of performance described 
in paragraph (3)(A) for each core indicator of performance, 
and State levels of performance described in paragraph 
(3)(B) for each additional indicator of performance. 
"(2) INDICATORS OF PERFORMANCE.— 
"(A) CORE INDICATORS OF PERFORMANCE.—Each eligible 
agency shall identify in the State plan core indicators of 
performance that include, at a minimum, measures of each 
of the following: 
"(i) Student attainment of challenging State estab-
lished academic, and vocational and technical, skill 
proficiencies. 
"(ii) Student attainment of a secondary school 
diploma or its recognized equivalent, a proficiency 
credential in conjunction with a secondary school 
diploma, or a postsecondary degree or credential. 
"(iii) Placement in, retention in, and completion 
of, postsecondary education or advanced training, 
placement in military service, or placement or retention 
in employment. 
"(iv) Student participation in and completion of 
vocational and technical education programs that lead 
to nontraditional training and employment. 
"(B) 
ADDITIONAL INDICATORS OF PERFORMANCE.—An 
eligible agency, with input from eligible recipients, may 
identify in the State plan additional indicators of perform-
ance for vocational and technical education activities 
authorized under the title. 
"(C) EXISTING INDICATORS.—If a State previously has 
developed State performance measures that meet the 
requirements of this section, the State may use such 
performance measures to measure the progress of voca-
tional and technical education students. 
"(D) STATE ROLE.—Indicators of performance described 
in this paragraph shall be established solely by each eligible 
agency with input from eligible recipients. 
"(3) LEVELS OF PERFORMANCE.— 
112 STAT. 3088 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR 
CORE INDICATORS OF PERFORMANCE.— 
"(i) IN GENERAL.—Each eligible agency, with input 
from eligible recipients, shall establish in the State 
plan submitted under section 122, levels of perform-
ance for each of the core indicators of performance 
described in paragraph (2)(A) for vocational and tech-
nical education activities authorized under this title. 
The levels of performance established under this 
subparagraph shall, at a minimum— 
"(I) be expressed in a percentage or numerical 
form, so as to be objective, quantifiable, and meas-
urable; and 
"(II) require the State to continually make 
progress toward improving the performance of 
vocational and technical education students. 
"(ii) IDENTIFICATION IN THE STATE PLAN.—Each 
eligible agency shall identify, in the State plan submit-
ted under section 122, levels of performance for each 
of the core indicators of performance for the first 2 
program years covered by the State plan. 
"(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF 
PERFORMANCE FOR FIRST 2 YEARS.—The Secretary and 
each eligible agency shall reach agreement on the lev-
els of performance for each of the core indicators of 
performance, for the first 2 program years covered 
by the State plan, taking into account the levels identi-
fied in the State plan under clause (ii) and the factors 
described in clause (vi). The levels of performance 
agreed to under this clause shall be considered to 
be the State adjusted level of performance for the 
State for such years and shall be incorporated into 
the State plan prior to the approval of such plan. 
"(iv) ROLE OF THE SECRETARY.—^The role of the 
Secretary in the agreement described in clauses (iii) 
and (v) is limited to reaching agreement on the percent-
age or number of students who attain the State 
adjusted levels of performance. 
"(v) AGREEMENT ON STATE ADJUSTED LEVELS OF 
PERFORMANCE FOR 3RD, 4TH, AND 5TH YEARS.—Prior 
to the third program year covered by the State plan, 
the Secretary and each eligible agency shall reach 
agreement on the State adjusted levels of performance 
for each of the core indicators of performance for the 
third, fourth, and fifth program years covered by the 
State plan, taking into account the factors described 
in clause (vi). The State adjusted levels of performance 
agreed to under this clause shall be considered to 
be the State adjusted levels of performance for the 
State for such years and shall be incorporated into 
the State plan. 
"(vi) FACTORS.—^The agreement described in clause 
(iii) or (v) shall take into account— 
"(I) how the levels of performance involved 
compare with the State adjusted levels of perform-
ance established for other States taking into 
account factors including the characteristics of 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3089 
participants when the participants entered the pro-
gram and the services or instruction to be provided; 
and 
"(II) the extent to which such levels of perform-
ance promote continuous improvement on the 
indicators of performance by such State, 
"(vii) REVISIONS.—If unanticipated circumstances 
arise in a State resulting in a significant change in 
the factors described in clause (vi)(II), the eligible 
agency may request that the State adjusted levels of 
performance agreed to under clause (iii) or (vi) be 
revised. The Secretary shall issue objective criteria 
and methods for making such revisions. 
"(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICA-
TORS.—Each eligible agency shall identify in the State plan, 
State levels of performance for each of the additional indica-
tors of performance described in paragraph (2)(B). Such 
levels shall be considered to be the State levels of perform-
ance for purposes of this title. 
"(c) REPORT.— 
"(1) IN GENERAL.—Each eligible agency that receives an 
allotment under section 111 shall annually prepare and submit 
to the Secretary a report regarding— 
"(A) the progress of the State in achieving the State 
adjusted levels of performance on the core indicators of 
performance; and 
"(B) information on the levels of performance achieved 
by the State with respect to the additional indicators of 
performance, including the levels of performance for special 
populations. 
"(2) SPECIAL POPULATIONS.—^The report submitted by the 
eligible agency in accordance with paragraph (1) shall include 
a quantifiable description of the progress special populations 
participating in vocational and technical education programs 
have made in meeting the State adjusted levels of performance 
established by the eligible agency. 
"(3) INFORMATION DISSEMINATION.—The Secretary— 
"(A) shall make the information contained in such 
reports available to the general public; 
"(B) shall disseminate State-by-State comparisons of 
the information; and 
"(C) shall provide the appropriate committees of Con-
gress copies of such reports. 
"SEC. 114. NATIONAL ACTIVITIES. 
20 USC 2324. 
"(a) PROGRAM PERFORMANCE INFORMATION.— 
"(1) IN GENERAL.—^The Secretary shall collect performance 
information about, and report on, the condition of vocational 
and technical education and on the effectiveness of State and 
local programs, services, and activities carried out under this 
title in order to provide the Secretary and Congress, as well 
as Federal, State, local, and tribal agencies, with information 
relevant to improvement in the quality and effectiveness of 
vocational and technical education. The Secretary annually Reports, 
shall report to Congress on the Secretary's aggregate analysis 
of performance information collected each year pursuant to 
112 STAT. 3090 
PUBLIC LAW 105-332—OCT. 31, 1998 
this title, including an analysis of performance data regarding 
special populations. 
"(2) COMPATIBILITY.—^The Secretary shall, to the extent 
feasible, ensure that the performance information system is 
compatible with other Federal information systems. 
"(3) ASSESSMENTS.—^As a regular part of its assessments, 
the National Center for Education Statistics shall collect and 
report information on vocational and technical education for 
a nationally representative sample of students. Such assess-
ment may include international comparisons. 
"(b) MISCELLANEOUS PROVISIONS.— 
"(1) COLLECTION OF INFORMATION AT REASONABLE COST.— 
The Secretary shall take such action as may be necessary 
to secure at reasonable cost the information required by this 
title. To ensure reasonable cost, the Secretary, in consultation 
with the National Center for Education Statistics, the Office 
of Vocational and Adult Education, and an entity assisted under 
section 118 shall determine the methodology to be used and 
the frequency with which information is to be collected. 
"(2) COOPERATION OF STATES.—^All eligible agencies receiv-
ing assistance under this Act shall cooperate with the Secretary 
in implementing the information systems developed pursuant 
to this Act. 
"(c) 
RESEARCH, DEVELOPMENT, DISSEMINATION, EVALUATION 
AND 
ASSESSMENT.— 
"(1) SINGLE PLAN.— 
"(A) IN GENERAL.—^The Secretary may, directly or 
through grants, contracts, or cooperative agreements, carry 
out research, development, dissemination, evaluation and 
assessment, capacity building, and technical assistance 
with regard to the vocational and technical education pro-
grams under this Act. The Secretary shall develop a single 
plan for such activities. 
"(B) PLAN.—Such plan shall— 
"(i) identify the vocational and technical education 
activities described in subparagraph (A) the Secretary 
will carry out under this section; 
"(ii) describe how the Secretary will evaluate such 
vocational and technical education activities in accord-
ance with paragraph (3); and 
"(iii) include such other information as the Sec-
retary determines to be appropriate. 
"(2) INDEPENDENT ADVISORY PANEL.—^The Secretary shall 
appoint an independent advisory panel, consisting of vocational 
and technical education administrators, educators, researchers, 
and representatives of labor organizations, businesses, parents, 
guidance and counseling professionals, and other relevant 
groups, to advise the Secretary on the implementation of the 
assessment described in paragraph (3), including the issues 
to be addressed, the methodology of the studies involved, and 
the findings and recommendations resulting from the assess-
ment. The panel shall submit to the Committee on Education 
and the Workforce of the House of Representatives, the Commit-
tee on Labor and Human Resources of the Senate, and the 
PUBLIC LAW 105-33^—OCT. 31, 1998 
112 STAT. 3091 
Secretary an independent analysis of the findings and rec-
ommendations resulting from the assessment described in para-
graph (3). The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the panel established under this subsection. 
"(3) EVALUATION AND ASSESSMENT.— 
"(A) IN GENERAL.—Fronii amounts made available 
under paragraph (8), the Secretary shall provide for the 
conduct of an independent evaluation and assessment of 
vocational and technical education programs under this 
Act through studies and analyses conducted independently 
through grants, contracts, and cooperative agreements that 
are awarded on a competitive basis. 
"(B) CONTENTS.—The assessment required under para-
graph (1) shall include descriptions and evaluations of— 
"(i) the extent to which State, local, and tribal 
entities have developed, implemented, or improved 
State and local vocational and technical education pro-
grams and the effect of programs assisted under this 
Act on that development, implementation, or improve-
ment, including the capacity of State, tribal, and local 
vocational and technical education systems to achieve 
the purpose of this Act; 
"(ii) the extent to which expenditures at the Fed-
eral, State, tribal, and local levels address program 
improvement in vocational and technical education, 
including the impact of Federal allocation requirements 
(such as within-State allocation formulas) on the deliv-
ery of services; 
"(iii) the preparation and qualifications of teachers 
of vocational and technical, and academic, curricula 
in vocational and technical education programs, as well 
as shortages of such teachers; 
"(iv) participation of students in vocational and 
technical education programs; 
"(v) academic and employment outcomes of voca-
tional and technical education, including analyses of— 
"(I) the number of vocational and technical 
education students and tech-prep students who 
meet State adjusted levels of performance; 
"(II) the extent and success of integration of 
academic, and vocational and technical, education 
for students participating in vocational and tech-
nical education programs; and 
"(III) the extent to which vocational and tech-
nical education programs prepare students for sub-
sequent 
employment 
in 
high-wage, 
high-skill 
careers or participation in postsecondary edu-
cation; 
"(vi) employer involvement in, and satisfaction 
with, vocational and technical education programs; 
"(vii) the use and impact of educational technology 
and distance learning with respect to vocational and 
technical education and tech-prep programs; and 
"(viii) the effect of State adjusted levels of perform-
ance and State levels of performance on the delivery 
of vocational and technical education services. 
"(C) REPORTS.— 
112 STAT. 3092 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(i) IN GENERAL.—The Secretary shall submit to 
the Committee on Education and the Workforce of 
the House of Representatives and the Committee on 
Labor and Human Resources of the Senate— 
"(I) an interim report regarding the assess-
ment on or before January 1, 2002; and 
"(II) a final report, summarizing all studies 
and analyses that relate to the assessment and 
that are completed after the assessment, on or 
before July 1, 2002. 
"(ii) PROHIBITION.—Notwithstanding any 
other 
provision of law, the reports required by this subsection 
shall not be subject to any review outside the Depart-
ment of Education before their transmittal to the 
Committee on Education and the Workforce of the 
House of Representatives, the Committee on Labor 
and Human Resources of the Senate, and the Sec-
retary, but the President, the Secretary, and the 
independent advisory panel established under para-
graph (2) may make such additional recommendations 
to Congress with respect to the assessment as the 
President, the Secretary, or the panel determine to 
be appropriate. 
"(4) 
COLLECTION OF STATE INFORMATION AND REPORT.— 
"(A) IN GENERAL.—^The Secretary may collect and 
disseminate information from States regarding State efforts 
to meet State adjusted levels of performance described 
in section 113. 
"(B) REPORT.—^The Secretary shall gather any informa-
tion collected pursuant to subparagraph (A) and submit 
a report to the Committee on Education and the Workforce 
of the House of Representatives and the Committee on 
Labor and Human Resources of the Senate. 
"(5) RESEARCH.— 
"(A) IN GENERAL.—^The Secretary, after consulting with 
the States, shall award grants, contracts, or cooperative 
agreements on a competitive basis to an institution of 
higher education, a public or private nonprofit organization 
or agency, or a consortium of such institutions, organiza-
tions, or agencies to establish a national research center 
or centers— 
"(i) to carry out research for the purpose of develop-
ing, improving, and identifying the most successful 
methods for successfully addressing the education, 
employment, and training needs of participants in 
vocational and technical education programs, including 
research and evaluation in such activities as— 
"(I) the integration of vocational and technical 
* 
instruction, and academic, secondary and post-
secondary instruction; 
"(II) education technology and distance learn-
ing approaches and strategies that are effective 
with respect to vocational and technical education; 
"(III) State adjusted levels of performance and 
State levels of performance that serve to improve 
vocational and technical education programs and 
student achievement; and 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3093 
"(IV) academic knowledge and vocational and 
technical skills required for employment or partici-
pation in postsecondary education; 
"(ii) to carry out research to increase the effective-
ness and improve the implementation of vocational 
and technical education programs, including conduct-
ing research and development, and studies, providing 
longitudinal information or formative evaluation with 
respect to vocational and technical education programs 
and student achievement; 
"(iii) to carry out research that can be used to 
improve teacher training and learning in the vocational 
and technical education classroom, including— 
"(I) effective inservice and preservice teacher 
education that assists vocational and technical 
education systems; and 
"(II) dissemination and training activities 
related to the applied research and demonstration 
activities described in this subsection, which may 
also include serving as a repository for information 
on vocational and technical skills, State academic 
standards, and related materials; and 
"(iv) to carry out such other research as the Sec-
retary determines appropriate to assist State and local 
recipients of funds under this Act. 
"(B) REPORT.—^The center or centers conducting the 
activities described in subparagraph (A) shall annually pre-
pare a report of key research findings of such center or 
centers and shall submit copies of the report to the Sec-
retary, the Committee on Education and the Workforce 
of the House of Representatives, the Committee on Labor 
and Human Resources of the Senate, the Library of Con-
gress, and each eligible agency. 
"(C) DISSEMINATION.—The center or centers shall con-
duct dissemination and training activities based upon the 
research described in subparagraph (A). 
"(6) DEMONSTRATIONS AND DISSEMINATION.— 
"(A) 
DEMONSTRATION PROGRAM.—The Secretary 
is 
authorized to carry out demonstration vocational and tech-
nical education programs, to replicate model vocational 
and technical education programs, to disseminate best prac-
tices information, and to provide technical assistance upon 
request of a State, for the purposes of developing, improv-
ing, and identifying the most successful methods and tech-
niques for providing vocational and technical education 
programs assisted under this Act. 
"(B) DEMONSTRATION PARTNERSHIP.— 
"(i) IN GENERAL.—^The Secretary shall carry out 
^ 
a demonstration partnership project involving a 4-year, 
accredited postsecondary institution, in cooperation 
with local public education organizations, volunteer 
groups, and private sector business participants to pro-
vide program support, and facilities for education, 
training, tutoring, counseling, employment prepara-
tion, specific skills training in emerging and estab-
lished professions, and for retraining of military medi-
cal personnel, individuals displaced by corporate or 
112 STAT. 3094 
PUBLIC LAW 105-332—OCT. 31, 1998 
military restructuring, migrant workers, as well as 
other individuals who otherwise do not have access 
to such services, through multisite, multistate distance 
learning technologies. 
"(ii) PROGRAM.—Such program may be carried out 
directly or through grants, contracts, cooperative agree-
ments, or through the national center or centers estab-
lished under paragraph (5). 
"(7) DEFINITION.—In this section, the term 'institution of 
higher education' has the meaning given the term in section 
101 of the Higher Education Act of 1965. 
"(8) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—There 
are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for fiscal year 1999 and each of 
the 4 succeeding fiscal years. 
"SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS. 
Grants. 
"(a) OUTLYING AREAS.—From funds reserved pursuant to 
20 use 2325. 
section 111(a)(1)(A), the Secretary shall— 
"(1) make a grant in the amount of $500,000 to Guam; 
and 
"(2) make a grant in the amount of $190,000 to each 
of American Samoa and the Commonwealth of the Northern 
Mariana Islands. 
"(b) REMAINDER.—Subject to the provisions of subsection (a), 
the Secretary shall make a grant of the remainder of funds reserved 
pursuant to section 111(a)(1)(A) to the Pacific Region Educational 
Laboratory in Honolulu, Hawaii, to make grants for vocational 
and technical education and training in Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, the Republic 
of the Marshall Islands, the Federated States of Micronesia, and 
the Republic of Palau, for the purpose of providing direct vocational 
and technical educational services, including— 
"(1) teacher and counselor training and retraining; 
"(2) curriculum development; and 
"(3) the improvement of vocational and technical education 
and training programs in secondary schools and institutions 
of higher education, or improving cooperative education pro-
grams involving both secondary schools and institutions of 
higher education. 
"(c) LIMITATION.—^The Pacific Region Educational Laboratory 
may use not more than 5 percent of the funds received under 
subsection (b) for administrative costs. 
"(d) RESTRICTION.—Notwithstanding any other provision of law, 
the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau shall not receive any funds 
under this title for any fiscal year that begins after September 
30, 2001. 
20 u s e 2326. 
"SEC. 116. NATIVE AMERICAN PROGRAM. 
"(a) DEFINITIONS.—In this section: 
"(1) ALASKA NATIVE.—^The term 'Alaska Native' means a 
Native as such term is defined in section 3 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602(b)). 
"(2) BUREAU FUNDED SCHOOL.—The term 'Bureau funded 
school' has the meaning given the term in section 1146 of 
the Education Amendments of 1978 (25 U.S.C. 2026). 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3095 
"(3) 
INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.— 
The terms 'Indian', 'Indian tribe', and 'tribal organization' have 
the meanings given the terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b). 
"(4) NATIVE HAWAIIAN.—^The term 'Native Hawaiian' means 
any individual any of whose ancestors were natives, prior to 
1778, of the area which now comprises the State of Hawaii. 
"(5) NATIVE HAWAIIAN ORGANIZATION.—^The term 'Native 
Hawaiian organization' has the meaning given the term in 
section 9212 of the Native Hawaiian Education Act (20 U.S.C. 
7912). 
"(b) PROGRAM AUTHORIZED.— 
"(1) AUTHORITY.—From funds 
reserved under section Grants. 
lll(a)(l)(B)(i), the Secretary shall make grants to and enter Contracts. 
into contracts with Indian tribes, tribal organizations, and 
Alaska Native entities to carry out the authorized programs 
described in subsection (d), except that such grants or contracts 
shall not be awarded to secondary school programs in Bureau 
funded schools. 
"(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—The grants 
or contracts described in this section (other than in subsection 
(i)) that are awarded to any Indian tribe or tribal organization 
shall be subject to the terms and conditions of section 102 
of the Indian Self-Determination Act (25 U.S.C. 450f) and 
shall be conducted in accordance with the provisions of sections 
4, 5, and 6 of the Act of April 16, 1934, which are relevant 
to the programs administered under this subsection. 
"(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS 
OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.— 
An Indian tribe, a tribal organization, or an Alaska Native 
entity, that receives funds through a grant made or contract 
entered into under paragraph (1) may use the funds to provide 
assistance to a secondary school operated or supported by the 
Bureau of Indian Affairs to enable such school to carry out 
vocational and technical education programs. 
"(4) MATCHING.—If sufficient funding is available, the 
Bureau of Indian Affairs shall expend an amount equal to 
the amount made available under this subsection, relating to 
programs for Indians, to pay a part of the costs of programs 
funded under this subsection. During each fiscal year the 
Bureau of Indian Affairs shall expend not less than the amount 
expended during the prior fiscal year on vocational and tech-
nical education programs, services, and technical activities 
administered either directly by, or under contract with, the 
Bureau of Indian Affairs, except that in no year shall funding 
for such programs, services, and activities be provided from 
accounts and programs that support other Indian education 
programs. The Secretary and the Assistant Secretary of the 
Interior for Indian Affairs shall prepare jointly a plan for the 
expenditure of funds made available and for the evaluation 
of programs assisted under this subsection. Upon the comple-
tion of a joint plan for the expenditure of the funds and the 
evaluation of the programs, the Secretary shall assume respon-
sibility for the administration of the program, with the assist-
ance and consultation of the Bureau of Indian Affairs. 
"(5) REGULATIONS.—If the Secretary promulgates any regu-
lations applicable to subsection (b)(2), the Secretary shall— 
112 STAT. 3096 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(A) confer with, and allow for active participation 
by, representatives of Indian tribes, tribal organizations, 
and individual tribal members; and 
"(B) promulgate the regulations under subchapter III 
of chapter 5 of title 5, United States Code, commonly 
known as the "Negotiated Rulemaking Act of 1990". 
"(6) APPLICATION.—Any Indian tribe, tribal organization, 
or Bureau funded school eligible to receive assistance under 
subsection (b) may apply individually or as part of a consortium 
with another such Indian tribe, tribal organization, or Bureau 
funded school. 
"(c) AUTHORIZED ACTIVITIES.— 
"(1) AUTHORIZED PROGRAMS.—Funds made available under 
this section shall be used to carry out vocational and technical 
education programs consistent with the purpose of this Act. 
"(2) STIPENDS.— 
"(A) IN GENERAL.—^Funds received pursuant to grants 
or contracts awarded under subsection (b) may be used 
to provide stipends to students who are enrolled in voca-
tional and technical education programs and who have 
acute economic needs which cannot be met through work-
study programs. 
"(B) AMOUNT.—Stipends described in subparagraph (A) 
shall not exceed reasonable amounts as prescribed by the 
Secretary. 
"(d) GRANT OR CONTRACT APPLICATION.—In order to receive 
a grant or contract under this section an organization, tribe, or 
entity described in subsection (b) shall submit an application to 
the Secretary that shall include an assurance that such organiza-
tion, tribe, or entity shall comply with the requirements of this 
section. 
"(e) RESTRICTIONS AND SPECIAL CONSIDERATIONS.—^The Sec-
retary may not place upon grants awarded or contracts entered 
into under subsection (b) any restrictions relating to programs 
other than restrictions that apply to grants made to or contracts 
entered into with States pursuant to allotments under section 
111(a). The Secretary, in awarding grants and entering into con-
tracts under this paragraph, shall ensure that the grants and 
contracts will improve vocational and technical education programs, 
and shall give special consideration to— 
"(1) programs that involve, coordinate with, or encourage 
tribal economic development plans; and 
"(2) applications from tribally controlled colleges or univer-
sities that— 
"(A) are accredited or are candidates for accreditation 
by a nationally recognized accreditation organization as 
an institution of postsecondary vocational and technical 
education; or 
"(B) operate vocational and technical education pro-
grams that are accredited or are candidates for accredita-
tion by a nationally recognized accreditation organization 
and issue certificates for completion of vocational and tech-
nical education programs. 
"(f) CONSOLIDATION OF FUNDS.—^Each organization, tribe, or 
entity receiving assistance under this section may consolidate such 
assistance with assistance received from related programs in accord-
ance with the provisions of the Indian Employment, Training and 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3097 
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et 
seq.). 
"(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing 
in this section shall be construed— 
"(1) to limit the eligibility of any organization, tribe, or 
entity described in subsection (b) to participate in any activity 
offered by an eligible agency or eligible recipient under this 
title; or 
"(2) to preclude or discourage any agreement, between any 
organization, tribe, or entity described in subsection (b) and 
any eligible agency or eligible recipient, to facilitate the provi-
sion of services by such eligible agency or eligible recipient 
to the population served by such eligible agency or eligible 
recipient. 
"(h) NATIVE HAWAIIAN PROGRAMS.—From the funds reserved 
pursuant to section lll(a)(l)(B)(ii), the Secretary shall award grants 
to or enter into contracts with organizations primarily serving and 
representing Native Hawaiians which are recognized by the Gov-
ernor of the State of Hawaii to plan, conduct, and administer 
programs, or portions thereof, which are authorized by and consist-
ent with the provisions of this section for the benefit of Native 
Hawaiians. 
"SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL 
20USC2327. 
AND TECHNICAL INSTITUTIONS. 
"(a) GRANTS AUTHORIZED.—^The Secretary shall, subject to the 
availability of appropriations, make grants pursuant to this section 
to tribally controlled postsecondary vocational and technical institu-
tions to provide basic support for the education and training of 
Indian students. 
"(b) USE OF GRANTS.—^Amounts made available pursuant to 
this section shall be used for vocational and 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 who 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 current program year, plus an amount equal 
to the actual cost of any increase to the per capita figure 
resulting from inflationary increases to necessary costs beyond 
the institution's control. 
"(2) PER CAPITA DETERMINATION.—For the purposes of para-
graph (1), the per capita payment for any fiscal year shall 
be determined by dividing the amount available for grants 
to tribally controlled postsecondary vocational and technical 
institutions under this section 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 institutions, compute the 
Indian student count for any fiscal year for which such count 
was not used for the purpose of making allocations under 
this section. 
112 STAT. 3098 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(d) APPLICATIONS.—^Any tribally controlled postsecondary voca-
tional and technical institution that desires to receive a grant 
under this section shall submit an application to the Secretary 
in such manner and form as the Secretary may require. 
"(e) EXPENSES.— 
"(1) IN GENERAL.—^The Secretary shall, subject to the avail-
ability of appropriations, provide for each program year to 
each tribally controlled postsecondary vocational and technical 
institution having an application approved 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, transpor-
tation, student services, daycare and family support pro-
grams for students and their families (including contribu-
tions to the costs of education for dependents), and student 
stipends; 
"(B) capital expenditures, including operations and 
maintenance, and minor improvements and repair, and 
physical plant maintenance costs, for the conduct of pro-
grams funded under this section; and 
"(C) costs associated with repair, upkeep, replacement, 
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 Secretary may reasonably require. 
"(f) OTHER PROGRAMS.— 
"(1) IN GENERAL.—Except as specifically provided in this 
Act, eligibility for assistance under this section shall not pre-
clude any tribally controlled postsecondary vocational and tech-
nical institution from receiving Federal financial assistance 
under any program authorized under the Higher Education 
Act of 1965, or any other applicable program for the benefit 
of institutions of higher education or vocational and technical 
education. 
"(2) PROHIBITION ON ALTERATION OF GRANT AMOUNT.—The 
amount of any grant for which tribally controlled postsecondary 
vocational and technical institutions are eligible under this 
section shall not be altered because 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 con-
trolled postsecondary vocational and 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 appro-
priate contract support to administer such portion of the appro-
priated funds. 
"(g) NEEDS ESTIMATE AND REPORT ON FACILITIES AND FACILI-
TIES IMPROVEMENT.— 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3099 
"(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 develop-
ment needs, population training needs, and facilities needs, 
prepare an actual budget needs estimate for each institution 
eligible under this section for each subsequent program 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 institu-
tions. Such data shall take into account the purposes and 
requirements of part A of title IV of the Social Security Act. 
"(2) STUDY OF TRAINING AND HOUSING NEEDS.— 
"(A) IN GENERAL.—The Secretary shall conduct a 
detailed study of the training, housing, and immediate 
facilities needs of each institution eligible under this sec-
tion. 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 support while such heads of 
households are students; and 
"(iii) immediate facilities needs. 
"(B) REPORT.—The Secretary shall report to Congress 
not later than July 1, 2000, on the results of the study 
required by subparagraph (A). 
"(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 required 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 provide for the 
conduct of a long-term study of the facilities of each institu-
tion eligible for assistance under this section. 
"(B) CONTENTS.—^The study required by subparagraph 
(A) shall include a 5-year projection of training facilities, 
equipment, and housing needs and shall consider such 
factors as projected service population, employment, and 
economic development forecasting, based on the most cur-
rent and accurate data available from the institutions and 
Indian tribes affected. 
"(C) SUBMISSION.—^The Secretary shall submit to Con- Reports, 
gress a detailed report on the results of such study not 
later than the end of the 18-month period beginning on 
the date of enactment of this Act. 
"(h) DEFINITIONS.—In this section: 
"(1) INDIAN.—^The terms 'Indian' and 'Indian tribe' have 
the meanings given the terms in section 2 of the Tribally 
Controlled College or University Assistance Act of 1978. 
"(2) 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 voca-
tional and technical institution, determined as follows: 
112 STAT. 3100 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(A) REGISTRATIONS.—The registrations of Indian stu-
dents as in effect on October 1 of each year. 
"(B) SUMMER TERM.—Credits or clock hours toward 
a certificate earned in classes offered 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 classes during 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 institu-
tion shall be presumed to have established such criteria 
if the admission procedures for such studies include coun-
seling or testing that measures the student's aptitude to 
successfully complete the course in which the student has 
enrolled. No credit earned by such student for purposes 
of obtaining a secondary school degree or its recognized 
equivalent shall be counted toward the computation of 
the Indian student count. 
"(D) DETERMINATION OF HOURS.—Indian students earn-
ing credits in any continuing education program of a trib-
ally controlled postsecondary vocational and 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 con-
verted to the basis that is in accordance with the institu-
tion's system for providing credit for participation in such 
programs. 
"(i) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section $4,000,000 for fiscal 
year 1999 and each of the 4 succeeding fiscal years. 
20 use 2328. 
"SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION. 
"(a) NATIONAL ACTIVITIES.—From funds appropriated under 
subsection (f), the Secretary, in consultation with appropriate Fed-
eral agencies, is authorized— 
\ 
"(1) to provide assistance to an entity to enable the entity— 
"(A) to provide technical assistance to State entities 
designated under subsection (b) to enable the State entities 
to carry out the activities described in subsection (b); 
"(B) to disseminate information that promotes the rep-
lication of high quality practices described in subsection 
(b); 
"(C) to develop and disseminate products and services 
related to the activities described in subsection (b); and 
"(2) to award grants to States that designate State entities 
in accordance with subsection (b) to enable the State entities 
to carry out the State level activities described in subsection 
(b). 
"(b) STATE LEVEL ACTIVITIES.—In order for a State to receive 
a grant under this section, the eligible agency and the Governor 
of the State shall jointly designate an entity in the State— 
"(1) to provide support for a career guidance and academic 
counseling program designed to promote improved career and 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3101 
education decisionmaking by individuals (especially in areas 
of career information delivery and use); 
"(2) to make available to students, parents, teachers, 
administrators, and counselors, and to improve accessibility 
with respect to, information and planning resources that relate 
educational preparation to career goals and expectations; 
"(3) to equip teachers, administrators, and counselors with 
the knowledge and skills needed to assist students and parents 
with career exploration, educational opportunities, and edu-
cation financing. 
"(4) to assist appropriate State entities in tailoring career-
related educational resources and training for use by such 
entities; 
"(5) to improve coordination and communication among 
administrators and planners of programs authorized by this 
Act and by section 15 of the Wagner-Peyser Act at the Federal, 
State, and local levels to ensure nonduplication of efforts and 
the appropriate use of shared information and data; and 
"(6) to provide ongoing means for customers, such as stu-
dents and parents, to provide comments and feedback on prod-
ucts and services and to update resources, as appropriate, to 
better meet customer requirements. 
"(c) NONDUPLICATION.— 
"(1) WAGNER-PEYSER ACT.—^The State entity designated 
under subsection (b) may use funds provided under subsection 
(b) to supplement activities under section 15 of the Wagner-
Peyser Act to the extent such activities do not duplicate activi-
ties assisted under such section. 
"(2) PUBLIC LAW 105-220.—None of the functions and activi-
ties assisted under this section shall duplicate the functions 
and activities carried out under Public Law 105-220. 
"(d) FUNDING RULE.—Of the amounts appropriated to carry 
out this section, the Federal entity designated under subsection 
(a) shall use— 
"(1) not less than 85 percent to carry out subsection (b); 
and 
"(2) not more than 15 percent to carry out subsection 
(a). 
"(e) REPORT.—^The Secretary, in consultation with appropriate 
Federal agencies, shall prepare and submit to the appropriate 
committees of Congress, an annual report that includes— 
"(1) an identification of activities assisted under this section 
during the prior program year; 
"(2) a description of the specific products and services 
assisted under this section that were delivered in the prior 
program year; and 
"(3) an assessment of the extent to which States have 
effectively coordinated activities assisted under this section 
with activities authorized under section 15 of the Wagner-
Peyser Act. 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of the fiscal years 1999 through 2003. 
112 STAT. 3102 
PUBLIC LAW 105-332—OCT. 31, 1998 
"PART B—STATE PROVISIONS 
20 use 2341. 
"SEC. 121. STATE ADMINISTRATION. 
"(a) ELIGIBLE AGENCY RESPONSIBILITIES.— 
"(1) IN GENERAL.—^The responsibilities of an eligible agency 
under this title shall include— 
"(A) coordination of the development, submission, and 
implementation of the State plan, and the evaluation of 
the program, services, and activities assisted under this 
title, including preparation for nontraditional training and 
employment; 
"(B) consultation with the Governor and appropriate 
agencies, groups, and individuals including parents, stu-
dents, teachers, 
representatives 
of businesses, 
labor 
organizations, eligible recipients. State and local officials, 
and local program administrators, involved in the planning, 
administration, evaluation, and coordination of programs 
funded under this title; 
"(C) convening and meeting as an eligible agency 
(consistent with State law and procedure for the conduct 
of such meetings) at such time as the eligible agency deter-
mines necessary to carry out the eligible agency's respon-
sibilities under this title, but not less than four times 
annually; and 
"(D) the adoption of such procedures as the eligible 
agency considers necessary to— 
"(i) implement State level coordination with the 
activities undertaken by the State boards under section 
111 of Public Law 105-220; and 
"(ii) make available to the service delivery system 
under section 121 of Public Law 105-220 within the 
State a listing of all school dropout, postsecondary, 
and adult programs assisted under this title. 
"(2) EXCEPTION.—Except with respect to the responsibilities 
set forth in paragraph (1), the eligible agency may delegate 
any of the other responsibilities of the eligible agency that 
involve the administration, operation, supervision of activities 
assisted under this title, in whole or in part, to one or more 
appropriate State agencies. 
20 use 2342. 
"SEC. 122. STATE PLAN. 
"(a) STATE PLAN.— 
"(1) IN GENERAL.—Each eligible agency desiring assistance 
under this title for any fiscal year shall prepare and submit 
to the Secretary a State plan for a 5-year period, together 
with such annual revisions as the eligible agency determines 
to be necessary. 
"(2) REVISIONS.—Each eligible agency— 
"(A) may submit such annual revisions of the State 
plan to the Secretary as the eligible agency determines 
to be necessary; and 
"(B) shall, after the second year of the 5 year State 
plan, conduct a review of activities assisted under this 
title and submit any revisions of the State plan that the 
eligible agency determines necessary to the Secretary. 
"(3) HEARING PROCESS.—^The eligible agency shall conduct 
public hearings in the State, after appropriate and sufficient 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3103 
notice, for the purpose of affording all segments of the public 
and interested organizations and groups (including employers, 
labor organizations, and parents), an opportunity to present 
their views and make recommendations regarding the State 
plan. A summary of such recommendations and the eligible 
agency's response to such recommendations shall be included 
in the State plan. 
"(b) PLAN DEVELOPMENT.— 
"(1) IN GENERAL.—^The eligible agency shall develop the 
State plan in consultation with teachers, eligible recipients, 
parents, students, interested community members, representa-
tives of special populations, representatives of business and 
industry, and representatives of labor organizations in the 
State, and shall consult the Governor of the State with respect 
to such development. 
"(2) ACTIVITIES AND PROCEDURES.—^The eligible agency 
shall develop effective activities and procedures, including 
access to information needed to use such procedures, to allow 
the individuals described in paragraph (1) to participate in 
State and local decisions that relate to development of the 
State plan. 
"(c) PLAN CONTENTS.—^The State plan shall include information 
that— 
"(1) describes the vocational and technical education activi-
ties to be assisted that are designed to meet or exceed the 
State adjusted levels of performance, including a description 
of— 
"(A) the secondary and postsecondary vocational and 
technical education programs to be carried out, including 
programs that will be carried out by the eligible agency 
to develop, improve, and expand access to quality, state-
of-the-art technology in vocational and technical education 
programs; 
"(B) the criteria that will be used by the eligible agency 
in approving applications by eligible recipients for funds 
under this title; 
"(C) how such programs will prepare vocational and 
technical education students for opportunities in post-
secondary education or entry into high skill, high wage 
jobs in current and emerging occupations; and 
"(D) how funds will be used to improve or develop 
new vocational and technical education courses; 
"(2) describes how comprehensive professional development 
(including initial teacher preparation) for vocational and tech-
nical, academic, guidance, and administrative personnel will 
be provided; 
"(3) describes how the eligible agency will actively involve 
parents, teachers, local businesses (including small- and 
medium-sized businesses), and labor organizations in the plan-
ning, development, implementation, and evaluation of such 
vocational and technical education programs; 
"(4) describes how funds received by the eligible agency 
through the allotment made under section 111 will be allo-
cated— 
112 STAT. 3104 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(A) among secondary school vocational and technical 
education, or postsecondary and adult vocational and tech-
nical education, or both, including the rationale for such 
allocation; and 
"(B) among any consortia that will be formed among 
secondary schools and eligible institutions, and how funds 
will be allocated among the members of the consortia, 
including the rationale for such allocation; 
"(5) describes how the eligible agency will— 
"(A) improve the academic and technical skills of stu-
dents participating in vocational and technical education 
programs, including strengthening the academic, and voca-
tional and technical, components of vocational and technical 
, 
education programs through the integration of academics 
with vocational and technical education to ensure learning 
in the core academic, and vocational and technical, subjects, 
and provide students with strong experience in, and under-
standing of, all aspects of an industry; and 
"(B) ensure that students who participate in such voca-
tional and technical education programs are taught to the 
same challenging academic proficiencies as are taught to 
all other students; 
"(6) describes how the eligible agency will annually evalu-
ate the effectiveness of such vocational and technical education 
programs, and describe, to the extent practicable, how the 
eligible agency is coordinating such programs to ensure non-
duplication with other existing Federal programs; 
"(7) describes the eligible agency's program strategies for 
special populations; 
"(8) describes how individuals who are members of the 
special populations— 
"(A) will be provided with equal access to activities 
assisted under this title; 
"(B) will not be discriminated against on the basis 
:, 
of their status as members of the special populations; and 
"(C) will be provided with programs designed to enable 
the special populations to meet or exceed State adjusted 
levels of performance, and prepare special populations for 
further learning and for high skill, high wage careers; 
"(9) describe what steps the eligible agency shall take to 
involve representatives of eligible recipients in the development 
of the State adjusted levels of performance; 
"(10) provides assurances that the eligible agency will com-
ply with the requirements of this title and the provisions of 
the State plan, including the provision of a financial audit 
of funds received under this title which may be included as 
part of an audit of other Federal or State programs; 
"(11) provides assurances that none of the funds expended 
under this title will be used to acquire equipment (including 
computer software) in any instance in which such acquisition 
results in a direct financial benefit to any organization rep-
resenting the interests of the purchasing entity, the employees 
of the purchasing entity, or any affiliate of such an organization; 
"(12) describes how the eligible agency will report data 
relating to students participating in vocational and technical 
education in order to adequately measure the progress of the 
students, including special populations; 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3105 
"(13) describes how the eHgible agency will adequately 
address the needs of students in alternative education pro-
grams, if appropriate; 
"(14) describes how the eligible agency will provide local 
educational agencies, area vocational and technical education 
schools, and eligible institutions in the State with technical 
assistance; 
"(15) describes how vocational and technical education 
relates to State and regional occupational opportunities; 
"(16) describes the methods proposed for the joint planning 
and coordination of programs carried out under this title with 
other Federal education programs; 
"(17) describes how funds will be used to promote prepara-
tion for nontraditional training and employment; 
"(18) describes how funds will be used to serve individuals 
in State correctional institutions; 
"(19) describes how funds will be used effectively to link 
secondary and postsecondary education; 
"(20) 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; and 
"(21) contains the description and information specified 
in sections 112(b)(8) and 121(c) of Public Law 105-220 concern-
ing the provision of services only for postsecondary students 
and school dropouts. 
"(d) PLAN OPTION.—^The eligible agency may fulfill the require-
ments of subsection (a) by submitting a plan under section 501 
ofPublic Law 105-220. 
"(e) PLAN APPROVAL.— 
"(1) IN GENERAL.—The Secretary shall approve a State 
plan, or a revision to an approved State plan, unless the Sec-
retary determines that— 
"(A) the State plan, or revision, respectively, does not 
meet the requirements of this section; or 
"(B) the State's levels of performance on the core indica-
tors of performance consistent with section 113 are not 
sufficiently rigorous to meet the purpose of this Act. 
"(2) DISAPPROVAL.—^The Secretary shall not finally dis-
approve a State plan, except after giving the eligible agency 
notice and an opportunity for a hearing. 
"(3) CONSULTATION.—^The eligible agency shall develop the 
portion of each State plan relating to the amount and uses 
of any funds proposed to be reserved for adult vocational and 
technical education, postsecondary vocational and technical 
education, tech-prep education, and secondary vocational and 
technical education after consultation with the State agency 
responsible for supervision of community colleges, technical 
institutes, or other 2-year postsecondary institutions primarily 
engaged in providing postsecondary vocational and technical 
education, and the State agency responsible for secondary edu-
cation. If a State agency finds that a portion of the final 
State plan is objectionable, the State agency shall file such 
objections with the eligible agency. The eligible agency shall 
respond to any objections of the State agency in the State 
plan submitted to the Secretary. 
112 STAT. 3106 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(4) TIMEFRAME.—^A State plan shall be deemed approved 
by the Secretary if the Secretary has not responded to the 
eligible agency regarding the State plan within 90 days of 
the date the Secretary receives the State plan. 
"(f) TRANSITION.—^This section shall be subject to section 4 
for fiscal year 1999 only, with respect to activities under this 
section. 
20 use 2343. 
"SEC. 123. IMPROVEMENT PLANS. 
"(a) STATE PROGRAM IMPROVEMENT PLAN.—If a State fails to 
meet the State adjusted levels of performance described in the 
report submitted under section 113(c), the eligible agency 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 eligible 
agency failed to meet the State adjusted levels of performance, 
in order to avoid a sanction under subsection (d). 
"(b) LOCAL EVALUATION.—Each eligible agency shall evaluate 
annually, using the State adjusted levels of performance, the voca-
tional and technical education activities of each eligible recipient 
receiving funds under this title. 
"(c) LOCAL IMPROVEMENT PLAN.— 
"(1) IN GENERAL.—If, after reviewing the evaluation, the 
eligible agency determines that an eligible recipient is not 
making substantial progress in achieving the State adjusted 
levels of performance, the eligible agency shall— 
"(A) conduct an assessment of the educational needs 
that the eligible recipient shall address to overcome local 
performance deficiencies; 
"(B) enter into an improvement plan based on the 
results of the assessment, which plan shall include instruc-
tional and other programmatic innovations of demonstrated 
effectiveness, and where necessary, strategies for appro-
priate staffing and staff development; and 
"(C) conduct regular evaluations of the progress being 
made toward reaching the State adjusted levels of perform-
ance. 
"(2) CONSULTATION.—The eligible agency shall conduct the 
activities described in paragraph (1) in consultation with teach-
ers, parents, other school staff, appropriate agencies, and other 
<) appropriate individuals and organizations. 
"(d) SANCTIONS.— 
"(1) TECHNICAL ASSISTANCE.—If the Secretary determines 
that an eligible agency is not properly implementing the eligible 
agency's responsibilities under section 122, or is not making 
substantial progress in meeting the purpose of this Act, based 
on the State adjusted levels of performance, the Secretary shall 
work with the eligible agency to implement improvement activi-
ties consistent with the requirements of this Act. 
"(2) FAILURE.—If an eligible agency fails to meet the State 
adjusted levels of performance, has not implemented 
an 
improvement plan as described in paragraph (1), has shown 
no improvement within 1 year after implementing an improve-
ment plan as described in paragraph (1), or has failed to meet 
the State adjusted levels of performance for 2 or more consecu-
tive years, the Secretary may, after notice and opportunity 
for a hearing, withhold from the eligible agency all, or a portion 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3107 
of, the eligible agency's allotment under this title. The Secretary 
may waive the sanction under this paragraph due to exceptional 
or uncontrollable circumstances such as a natural disaster or 
a precipitous and unforeseen decline in the financial resources 
of the State. 
"(3) FUNDS RESULTING FROM REDUCED ALLOTMENTS.— 
"(A) IN GENERAL.—The Secretary shall use funds with-
held under paragraph (2), for a State served by an eligible 
agency, to provide (through alternative arrangements) serv-
ices and activities within the State to meet the purpose 
of this Act. 
"(B) REDISTRIBUTION.—If the Secretary cannot satisfac-
torily use funds withheld under paragraph (2), then the 
amount of funds retained by the Secretary as a result 
of a reduction in an allotment made under paragraph (2) 
shall be redistributed to other eligible agencies in accord-
ance with section 111. 
"SEC. 124. STATE LEADERSHIP ACTIVITIES. 
20 USC 2344. 
"(a) GENERAL AUTHORITY.—From amounts reserved under sec-
tion 112(a)(2), each eligible agency shall conduct State leadership 
activities. 
"(b) REQUIRED USES OF FUNDS.—^The State leadership activities 
described in subsection (a) shall include— 
"(1) an assessment of the vocational and technical education 
programs carried out with funds under this title that includes 
an assessment of how the needs of special populations are 
being met and how such programs are designed to enable 
special populations to meet State adjusted levels of performance 
and prepare the special populations for further learning or 
for high skill, high wage careers; 
"(2) developing, improving, or expanding the use of tech-
nology in vocational and technical education that may include— 
"(A) training of vocational and technical education 
personnel to use state-of-the-art technology, that may 
include distance learning; 
"(B) providing vocational and technical education stu-
dents with the academic, and vocational and technical skills 
that lead to entry into the high technology and tele-
communications field; or 
"(C) encouraging schools to work with high technology 
industries to offer voluntary internships and mentoring 
programs; 
"(3) professional development programs, including provid-
ing comprehensive professional development (including initial 
teacher preparation) for vocational and technical, academic, 
guidance, and administrative personnel, that— 
"(A) will provide inservice and preservice training in 
state-of-the-art vocational and technical education pro-
grams and techniques, effective teaching skills based on 
research, and effective practices to improve parental and 
community involvement; and 
"(B) will help teachers and personnel to assist students 
in meeting the State adjusted levels of performance estab-
lished under section 113; 
"(C) will support education programs for teachers of 
vocational and technical education in public schools and 
112 STAT. 3108 
PUBLIC LAW 105-332—OCT. 31, 1998 
other public school personnel who are involved in the direct 
delivery of educational services to vocational and technical 
education students to ensure that such teachers stay cur-
rent with the needs, expectations, and methods of industry; 
and 
"(D) is integrated with the professional development 
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.) and title II of the Higher Education 
Act of 1965; 
"(4) support for vocational and technical education pro-
grams that improve the academic, and vocational and technical 
skills of students participating in vocational and technical edu-
cation programs by strengthening the academic, and vocational 
and technical components of such vocational and technical edu-
cation programs through the integration of academics with 
vocational and technical education to ensure learning in the 
core academic, and vocational and technical subjects; 
"(5) providing preparation for nontraditional training and 
employment; 
"(6) supporting partnerships among local educational agen-
cies, institutions of higher education, adult education providers, 
and, as appropriate, other entities, such as employers, labor 
organizations, parents, and local partnerships, to enable stu-
dents to achieve State academic standards, and vocational and 
technical skills; 
"(7) serving individuals in State institutions, such as State 
correctional institutions and institutions that serve individuals 
with disabilities; and 
"(8) support for programs for special populations that lead 
to high skill, high wage careers. 
"(c) PERMISSIBLE USES OF FUNDS.—The leadership activities 
described in subsection (a) may include— 
"(1) technical assistance for eligible recipients; 
"(2) improvement of career guidance and academic counsel-
ing programs that assist students in making informed academic, 
and vocational and technical education decisions; 
"(3) establishment of agreements between secondary and 
postsecondary vocational and technical education programs in 
order 
to 
provide 
postsecondary 
education 
and 
training 
opportunities for students participating in such vocational and 
technical education programs, such as tech-prep programs; 
"(4) support for cooperative education; 
"(5) support for vocational and technical student organiza-
tions, especially with respect to efforts to increase the participa-
tion of students who are members of special populations; 
"(6) support for public charter schools operating secondary 
vocational and technical education programs; 
"(7) support for vocational and technical education pro-
grams that offer experience in, and understanding of, all aspects 
of an industry for which students are preparing to enter; 
"(8) support for family and consumer sciences programs; 
"(9) support for education and business partnerships; 
"(10) support to improve or develop new vocational and 
technical education courses; 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3109 
"(11) providing vocational and technical education programs 
for adults and school dropouts to complete their secondary 
school education; and 
"(12) providing assistance to students, who have partici-
pated in services and activities under this title, in finding 
an appropriate job and continuing their education. 
"(d) RESTRICTION ON USES OF FUNDS.—^An eligible agency that 
receives fiands under section 112(a)(2) may not use any of such 
funds for administrative costs. 
"PART C—LOCAL PROVISIONS 
"SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PRO- 
20 USC 2351. 
GRAMS. 
"(a) DISTRIBUTION FOR FISCAL YEAR 1999.—Except as provided 
in section 133 and as otherwise provided in this section, each 
eligible agency shall distribute the portion of the funds made avail-
able under section 112(a)(1) to carry out this section for fiscal 
year 1999 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 educational agency was allocated under sec-
tion 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 preceding fiscal year. 
"(2) TWENTY PERCENT.—From 20 percent of such portion, 
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 individualized 
education programs under section 614(d) of the Individuals 
with Disabilities 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 preceding fiscal year. 
"(3) TEN PERCENT.—From 10 percent of such portion, 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 jurisdiction of such local educational agency 
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 preceding fiscal year. 
"(b) 
SPECIAL DISTRIBUTION RULES FOR SUCCEEDING FISCAL 
YEARS.—Except as provided in section 133 and as otherwise pro-
vided in this section, each eligible agency shall distribute the portion 
of funds made available under section 112(a)(1) to carry out this 
section for fiscal year 2000 and succeeding fiscal years to local 
educational agencies within the State as follows: 
"(1) 30 PERCENT.—30 percent shall be allocated to such 
local educational agencies in proportion to the number of 
individuals aged 15 through 19, inclusive, who reside in the 
school district served by such local educational agency for the 
preceding fiscal year compared to the total number of such 
individuals who reside in the school districts served by all 
112 STAT. 3110 
PUBLIC LAW 105-332—OCT. 31, 1998 
local educational agencies in the State for such preceding fiscal 
year. 
"(2) 70 PERCENT.—70 percent shall be allocated to such 
local educational agencies in proportion to the number of 
individuals aged 15 through 19, inclusive, who reside in the 
school district served by such local educational 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))) applicable to a family 
of the size involved for the fiscal year for which the determina-
tion is made compared to the number of such individuals who 
reside in the school districts served by all the local educational 
agencies in the State for such preceding fiscal year. 
"(c) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec-
retary may waive the application of subsection (b) in the case 
of any eligible agency 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 
?
s in accordance with section 673(2) of the Community Services 
Block Grant Act (42 U.S.C. 9902(2)) to local educational agen-
cies within the State than the formula described in subsection 
(b); and 
"(2) includes a proposal for such an alternative formula. 
• 
"(d) MINIMUM ALLOCATION.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
a local educational agency shall not receive an allocation under 
subsection (a) unless the amount allocated to such agency under 
subsection (a) is greater than $15,000. A local educational 
agency may enter into a consortium with other local educational 
agencies for purposes of meeting the minimum allocation 
;, requirement of this paragraph. 
"(2) WAIVER.—^The eligible agency shall waive the applica-
tion of paragraph (1) in any case in which the local educational 
agency— 
"(A)(i) is located in a rural, sparsely populated area, 
or 
"(ii) is a public charter school operating secondary voca-
tional and technical education programs; and 
"(B) demonstrates that the local educational agency 
is unable to enter into a consortium for purposes of provid-
ing activities under this part. 
"(3) REDISTRIBUTION.—^Any amounts that are not allocated 
s by reason of paragraph (1) or paragraph (2) shall be redistrib-
uted 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 subsection 
(a), no eligible agency receiving assistance under this title 
shall allocate funds to a local educational 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. 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3111 
"(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 entered such secondary schools in 
the previous year from the elementary schools involved. 
"(f) ALLOCATIONS TO AREA VOCATIONAL AND TECHNICAL EDU-
CATION SCHOOLS AND EDUCATIONAL SERVICE AGENCIES.— 
"(1) IN GENERAL.—Each eligible agency shall distribute the 
portion of funds made available under section 112(a)(1) for 
any fiscal year by such eligible agency for secondary school 
vocational and technical education activities under this section 
to the appropriate area vocational and technical education 
school or educational service agency in any case in which the 
area vocational and technical education school or educational 
service agency, and the local educational agency concerned— 
"(A) have formed or will form a consortium 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 vocational and technical 
education school or educational service 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 and technical education 
school, the educational service agency, and the local educational 
agency based on each school, agency or entity's relative share 
of students who are attending vocational and technical edu-
cation programs (based, if practicable, on the average enroll-
ment for the preceding 3 years; 
"(3) APPEALS PROCEDURE.—^The eligible agency shall estab-
lish an appeals procedure for resolution of any dispute arising 
between a local educational agency and an area vocational 
and technical education school or an educational service agency 
with respect to the allocation procedures described in this sec-
tion, including the decision of a local educational agency to 
leave a consortium or terminate a cooperative arrangement. 
"(g) CONSORTIUM REQUIREMENTS.— 
"(1) ALLIANCE.—^Any local educational agency receiving an 
allocation that is not sufficient to conduct a program which 
meets the requirements of section 135 is encouraged to— 
"(A) form a consortium or enter into a cooperative Contracts. 
agreement with an area vocational and technical education 
school or educational service agency offering programs that 
meet the requirements of section 135; 
"(B) transfer such allocation to the area vocational 
and technical education school or educational service 
agency; and 
"(C) operate programs that are of sufficient size, scope, 
and quality to be effective. 
"(2) FUNDS TO CONSORTIUM.—Funds allocated to a consor-
tium formed to meet the requirements of this paragraph shall 
be used only for purposes and programs that are mutually 
beneficial to all members of the consortium and can be used 
only for programs authorized under this title. Such funds may 
not be reallocated to individual members of the consortium 
for purposes or programs benefiting only one member of the 
consortium. 
59-194 O - 98 - 12 : QL 3 Part 5 
112 STAT. 3112 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(h) DATA.—^The Secretary shall collect information from eligible 
agencies regarding the specific dollar allocations made available 
by the eligible agency for vocational and technical education pro-
grams under subsections (a), (b), (c), and (d) and how these alloca-
tions are distributed to local educational agencies, area vocational 
and technical education schools, and educational service agencies, 
within the State in accordance with this section. 
"(i) SPECIAL RULE.—Each eligible agency distributing funds 
under this section shall treat a secondary school funded 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 section. 
20 u s e 2352. 
"SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY VOCA-
TIONAL AND TECHNICAL EDUCATION PROGRAMS. 
"(a) ALLOCATION.— 
"(1) IN GENERAL.—Except as provided in subsections (b) 
and (c) and section 133, each eligible agency shall distribute 
the portion of the funds made available under section 112(a)(1) 
to carry out this section for any fiscal year to eligible institu-
tions or consortia of eligible institutions within the State. 
"(2) FORMULA.—Each eligible institution or consortium of 
eligible institutions shall be allocated an amount that bears 
the same relationship to the portion of funds made available 
under section 112(a)(1) to carry out this section for any fiscal 
year as the sum of the number of individuals who are Federal 
Pell Grant recipients and recipients of assistance from the 
Bureau of Indian Affairs enrolled in programs meeting the 
requirements of section 135 offered by such institution or 
consortium in the preceding fiscal year bears to the sum of 
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 consortium of eligible 
institutions described in paragraph (2) to receive assistance 
pursuant to such paragraph, such consortium shall operate 
joint projects that— 
"(i) provide services to all postsecondary institu-
tions participating in the consortium; and 
"(ii) are of sufficient size, scope, and quality to 
be effective. 
"(B) 
FUNDS TO CONSORTIUM.—Funds allocated to a 
consortium formed to meet the requirements of this section 
shall be used only for purposes and programs that are 
mutually beneficial to all members of the consortium and 
shall be used only for programs authorized under this 
title. Such funds may not be reallocated to individual mem-
bers-of the consortium for purposes or programs benefiting 
only one member of the consortium. 
"(4) WAIVER.—^The eligible agency may waive the applica-
tion of paragraph (3)(A)(i) in any case in which the eligible 
institution is located in a rural, sparsely populated area. 
"(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec-
retary may waive the application of subsection (a) if an eligible 
agency submits to the Secretary an application for such a waiver 
that— 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3113 
"(1) demonstrates that the formula described in subsection 
(a) does not result in a distribution of funds to the eligible 
institutions or consortia within the State that have the highest 
numbers of economically disadvantaged individuals and that 
an alternative formula will result in such a distribution; and 
"(2) includes a proposal for such an alternative formula. 
"(c) MINIMUM GRANT AMOUNT.— 
"(1) IN GENERAL.—No institution or consortium shall 
receive an allocation under this section in an amount that 
is less than $50,000. 
"(2) REDISTRIBUTION.—Any amounts that are not distrib-
uted by reason of paragraph (1) shall be redistributed to eligible 
institutions or consortia in accordance with this section. . 
"SEC. 133. SPECIAL RULES FOR VOCATIONAL AND TECHNICAL EDU- 20 USC 2353. 
CATION. 
"(a) SPECIAL RULE FOR MINIMAL ALLOCATION.— 
"(1) GENERAL AUTHORITY.—Notwithstanding the provisions 
of sections 131 and 132 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 an eligible agency for distribution 
under section 131 or 132, such State may distribute such mini-
mal amount for such year— 
"(A) on a competitive basis; or 
"(B) through any alternative method determined 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 section 
112(a)(1). 
"(b) REDISTRIBUTION.— 
"(1) IN GENERAL.—In any academic year that an eligible 
recipient does not expend all of the amounts the eligible recipi-
ent is allocated for such year under section 131 or 132, such 
eligible recipient shall return any unexpended amounts to the 
eligible agency to be reallocated under section 131 or 132, 
as appropriate. 
"(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN 
ACADEMIC YEAR.—In any academic year in which amounts are 
returned to the eligible agency under section 131 or 132 and 
the eligible agency is unable to reallocate such amounts accord-
ing to such sections in time for such amounts to be expended 
in such academic year, the eligible agency shall retain such 
amounts for distribution in combination with amounts provided 
under section 112(a)(1) for the following academic year. 
"(c) CONSTRUCTION.—Nothing in section 131 or 132 shall be 
construed— 
"(1) to prohibit a local educational agency or a consortium 
thereof that receives assistance under section 131, from working 
with an eligible institution or consortium thereof that receives 
assistance under section 132, to carry out secondary school 
vocational and technical education programs in accordance with 
this title; 
"(2) to prohibit an eligible institution or consortium thereof 
that receives assistance under section 132, from working with 
a local educational agency or consortium thereof that receives 
112 STAT. 3114 
PUBLIC LAW 105-332—OCT. 31, 1998 
assistance under section 131, to carry out postsecondary and 
adult vocational and technical education programs in accord-
ance with this title; or 
"(3) to require a charter school, that provides vocational 
and technical education programs and is considered a local 
educational agency under State law, to jointly establishjthe 
charter school's eligibility for assistance under this title 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 eligible agency shall provide funds to charter schools offering 
vocational and technical education programs in the same manner 
as the eligible agency provides those funds to other schools. Such 
vocational and technical education programs within a charter school 
shall be of sufficient size, scope, and quality to be effective. 
20 u s e 2354. 
"SEC. 134. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION 
PROGRAMS. 
"(a) LOCAL PLAN REQUIRED.—^Any eligible recipient desiring 
financial 
assistance under this part shall, in accordance with 
requirements established by the eligible agency (in consultation 
with such other educational entities as the eligible agency deter-
mines to be appropriate) submit a local plan to the eligible agency. 
Such local plan shall cover the same period of time as the period 
of time applicable to the State plan submitted under section 122. 
"(b) CONTENTS.—The eligible agency shall determine require-
ments for local plans, except that each local plan shall— 
"(1) describe how the vocational and technical education 
programs required under section 135(b) will be carried out 
with funds received under this title; 
"(2) describe how the vocational and technical education 
activities will be carried out with respect to meeting State 
adjusted levels of performance established under section 113; 
"(3) describe how the eligible recipient will— 
"(A) improve the academic and technical skills of stu-
dents participating in vocational and technical education 
programs by strengthening the academic, and vocational 
and technical components of such programs through the 
integration of academics with vocational and technical edu-
cation programs through a coherent sequence of courses 
to ensure learning in the core academic, and vocational 
and technical subjects; 
"(B) provide students with strong experience in and 
understanding of all aspects of an industry; and 
"(C) ensure that students who participate in such voca-
tional and technical education programs are taught to the 
same challenging academic proficiencies as are taught for 
all other students; 
"(4) describe how parents, students, teachers, representa-
tives of business and industry, labor organizations, representa-
tives of special populations, and other interested individuals 
are involved in the development, implementation, and evalua-
tion of vocational and technical education programs assisted 
under this title, and how such individuals and entities are 
effectively informed about, and assisted in understanding, the 
requirements of this title; 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3115 
"(5) provide assurances that the eligible recipient will pro-
vide a vocational and technical education program that is of 
such size, scope, and quality to bring about improvement in 
the quality of vocational and technical education programs; 
"(6) describe the process that will be used to independently 
evaluate and continuously improve the performance of the 
eligible recipient; 
"(7) describe how the eligible recipient— 
"(A) will review vocational and technical education pro-
grams, and identify and adopt strategies to overcome bar-
riers that result in lowering rates of access to or lowering 
success in the programs, for special populations; and 
"(B) will provide programs that are designed to enable 
the special populations to meet the State adjusted levels 
of performance; 
"(8) describe how individuals who are members of the spe-
cial populations will not be discriminated against on the basis 
of their status as members of the special populations; 
"(9) describe how funds will be used to promote preparation 
for nontraditional training and employment; and 
"(10) describe how comprehensive professional development 
(including initial teacher preparation) for vocational and tech-
nical, academic, guidance, and administrative personnel will 
be provided. 
"SEC. 135. LOCAL USES OF FUNDS. 
20 USC 2355. 
"(a) GENERAL AUTHORITY.—Each eligible recipient that receives 
funds under this part shall use such funds to improve vocational 
and technical education programs. 
"(b) REQUIREMENTS FOR USES OF FUNDS.—Funds made avail-
able to eligible recipients under this part shall be used to support 
vocational and technical education programs that— 
"(1) strengthen the academic, and vocational and technical 
skills of students participating in vocational and technical edu-
cation programs by strengthening the academic, and vocational 
and technical components of such programs through the 
integration of academics with vocational and technical edu-
cation programs through a coherent sequence of courses to 
ensure learning in the core academic, and vocational and tech-
nical subjects; 
"(2) provide students with strong experience in and under-
standing of all aspects of an industry; 
"(3) develop, improve, or expand the use of technology 
in vocational and technical education, which may include— 
"(A) training of vocational and technical education 
personnel to use state-of-the-art technology, which may 
include distance learning; 
"(B) providing vocational and technical education stu-
dents with the academic, and vocational and technical skills 
that lead to entry into the high technology and tele-
communications field; or 
"(C) encouraging schools to work with high technology 
industries to offer voluntary internships and mentoring 
programs; 
"(4) provide professional development programs to teachers, 
counselors, and administrators, including— 
112 STAT. 3116 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(A) inservice and preservice training in state-of-the-
art vocational and technical education programs and tech-
niques, in effective teaching skills based on research, and 
in effective practices to improve parental and community 
involvement; 
"(B) support of education programs for teachers of voca-
tional and technical education in public schools and other 
public school personnel who are involved in the direct 
delivery of educational services to vocational and technical 
education students, to ensure that such teachers and 
personnel stay current with all aspects of an industry; 
"(C) internship programs that provide business experi-
ence to teachers; and 
"(D) programs designed to train teachers specifically 
in the use and application of technology; 
"(5) develop and implement evaluations of the vocational 
and technical education programs carried out with funds under 
this title, including an assessment of how the needs of special 
populations are being met; 
"(6) initiate, improve, expand, and modernize quality voca-
tional and technical education programs; 
"(7) provide services and activities that are of sufficient 
size, scope, and quality to be effective; and 
"(8) link secondary vocational and technical education and 
postsecondary vocational and technical education, including 
implementing tech-prep programs. 
"(c) PERMISSIVE.—Funds made available to an eligible recipient 
under this title may be used— 
"(1) to involve parents, businesses, and labor organizations 
as appropriate, in the design, implementation, and evaluation 
of vocational and technical education programs authorized 
under this title, including establishing effective programs and 
procedures to enable informed and effective participation in 
such programs; 
"(2) to provide career guidance and academic counseling 
for students participating in vocational and technical education 
programs; 
"(3) to provide work-related experience, such as internships, 
cooperative education, school-based enterprises, entrepreneur-
ship, and job shadowing that are related to vocational and 
technical education programs; 
"(4) to provide programs for special populations; 
"(5) for local education and business partnerships; 
"(6) to assist vocational and technical student organiza-
tions; 
"(7) for mentoring and support services; 
"(8) for leasing, purchasing, upgrading or adapting equip-
ment, including instructional aides; 
"(9) for teacher preparation programs that assist individ-
uals who are interested in becoming vocational and technical 
education instructors, including individuals with experience in 
business and industry; 
"(10) for improving or developing new vocational and tech-
nical education courses; 
"(11) to provide support for family and consumer sciences 
programs; 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3117 
"(12) to provide vocational and technical education pro-
grams for adults and school dropouts to complete their second-
ary school education; 
"(13) to provide assistance to students who have partici-
pated in services and activities under this title in finding an 
appropriate job and continuing their education; 
"(14) to support nontraditional training and employment 
activities; and 
"(15) to support other vocational and technical education 
activities that are consistent with the purpose of this Act. 
"(d) ADMINISTRATIVE COSTS.—Each eligible recipient receiving 
funds under this part shall not use more than 5 percent of the 
funds for administrative costs associated with the administration 
of activities assisted under this section. 
"TITLE II-^TECH-PREP EDUCATION 
Tech-Prep 
Education Act. 
"SEC. 201. SHORT TITLE. 
20 USC 2301 
"This title may be cited as the Tech-Prep Education Act'. 
"SEC. 202. DEFINITIONS. 
20 USC 2371. 
"(a) In this title: 
"(1) ARTICULATION AGREEMENT.—The term 'articulation 
agreement' means a written commitment to a program designed 
to provide students with a nonduplicative sequence of progres-
sive achievement leading to degrees or certificates in a tech-
prep education program. 
"(2) COMMUNITY COLLEGE.—The term 'community college'— 
"(A) means an institution of higher education, as 
defined in section 101 of the Higher Education Act of 
1965, that provides not less than a 2-year program that 
is acceptable for full credit toward a bachelor^s degree; 
and 
"(B) includes tribally controlled colleges or universities. 
"(3) TECH-PREP PROGRAM.—The term 'tech-prep program' 
means a program of study that— 
"(A) combines at a minimum 2 years of secondary 
education (as determined under State law) with a minimum 
of 2 years of postsecondary education in a nonduplicative, 
sequential course of study; 
"(B) integrates academic, and vocational and technical, 
instruction, and utilizes work-based and worksite learning 
where appropriate and available; 
"(C) provides technical preparation in a career field 
such as engineering technology, applied science, a mechani-
cal, industrial, or practical art or trade, agriculture, health 
occupations, business, or applied economics; 
"(D) builds 
student 
competence 
in 
mathematics, 
science, reading, writing, communications, 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 postsecondary certificate in a specific career field; 
and 
112 STAT. 3118 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(F) leads to placement in appropriate employment 
or to further education. 
20 u s e 2372. 
"SEC. 203. STATE ALLOTMENT AND APPLICATION. 
"(a) IN GENERAL.—For any fiscal year, the Secretary shall allot 
the amount made available under section 206 among the States 
in the same manner as funds are allotted to States under paragraph 
(2) of section 111(a). 
"(b) PAYMENTS TO ELIGIBLE AGENCIES.—^The Secretary shall 
make a payment in the amount of a State's allotment under sub-
section (a) to the eligible agency that serves the State and has 
an application approved under subsection (c). 
"(c) STATE APPLICATION.—Each eligible agency desiring assist-
ance 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. 
20 u s e 2373. 
"SEC. 204. TECH-PREP EDUCATION. 
"(a) GRANT PROGRAM AUTHORIZED.— 
; ., 
"(1) IN GENERAL.—From amounts made available to each 
eligible agency under section 203, the eligible agency, in accord-
ance with the provisions of this title, shall award grants, on 
a competitive basis or on the basis of a formula determined 
by the eligible agency, for tech-prep education programs 
described in subsection (c). The grants shall be awarded to 
consortia between or among— 
"(A) a local educational agency, an intermediate edu-
cational agency or area vocational and technical education 
school serving secondary school students, or a secondary 
school funded by the Bureau of Indian Affairs; and 
"(B)(i) a nonprofit institution of higher education that 
offers— 
"(I) a 2-year associate degree program, or a 2-
year certificate program, and is qualified as institutions 
of higher education pursuant to section 102 of the 
Higher Education Act of 1965, including an institution 
receiving assistance under the Tribally Controlled Col-
lege or University Assistance Act of 1978 (25 U.S.C. 
1801 et seq.) and a tribally controlled postsecondary 
vocational and technical institution; or 
"(II) a 2-year apprenticeship program that follows 
secondary instruction, 
if such nonprofit institution of higher education is not 
prohibited from receiving assistance under part B of title 
IV of the Higher Education Act of 1965 (20 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 education that 
offers a 2-year associate degree program and is qualified 
as an institution of higher education pursuant to section 
102 of the Higher Education Act of 1965, if such proprietary 
institution of higher education is not subject to a default 
management 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. 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3119 
"(b) DURATION.—Each grant recipient shall use amounts pro-
vided under the grant to develop and operate a 4- or 6-year tech-
prep education program described in subsection (c). 
"(c) CONTENTS OF TECH-PREP PROGRAM.—Each tech-prep pro-
gram shall— 
"(1) be carried out under an articulation agreement 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 2 years following secondary 
instruction, with a common core of required proficiency in 
mathematics, science, reading, writing, communications, and 
technologies designed to lead to an associate's degree or a 
postsecondary certificate in a specific career field; 
"(3) include the development of tech-prep programs for 
both secondary and postsecondary, including 
consortium, 
participants in the consortium that— 
"(A) meets academic standards developed by the State; 
"(B) links secondary schools and 2-year postsecondary 
institutions, and if possible and practicable, 4-year institu-
tions of higher education through nonduplicative sequences 
of courses in career fields, including the investigation of 
opportunities for tech-prep secondary students to enroll 
concurrently in secondary and postsecondary coursework; 
"(C) uses, if appropriate and available, work-based or 
worksite learning in conjunction with business and all 
aspects of an industry; and 
"(D) uses educational technology and distance learning, 
as appropriate, to involve all the consortium partners more 
fully in the development and operation of programs; 
"(4) include in-service training for teachers that— 
"(A) is designed to train vocational and technical teach-
ers to effectively implement tech-prep programs; 
"(B) provides for joint training for teachers in the tech-
prep consortium; 
"(C) is designed to ensure that teachers and adminis-
trators stay current with the needs, expectations, and meth-
ods of business and all aspects of an industry; 
"(D) focuses on training postsecondary education fac-
ulty in the use of contextual and applied curricula and 
instruction; and 
"(E) provides training in the use and application of 
technology; 
"(5) include training programs for counselors designed to 
enable counselors to more effectively— 
"(A) provide information to students regarding tech-
prep education programs; 
"(B) support student progress in completing tech-prep 
programs; 
"(C) provide information 
on related 
employment 
opportunities; 
"(D) ensure that such students are placed in appro-
priate employment; and 
"(E) stay current with the needs, expectations, and 
methods of business and all aspects of an industry; 
112 STAT. 3120 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(6) provide equal access, to the full range of technical 
preparation programs, to individuals who are members of spe-
cial populations, including the development of tech-prep pro-
gram services appropriate to the needs of special populations; 
and 
"(7) provide for preparatory services that assist participants 
in tech-prep programs. 
"(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each tech-prep pro-
gram may— 
"(1) provide for the acquisition of tech-prep program equip-
ment; 
"(2) acquire technical assistance from State or local entities 
that have designed, established, and operated tech-prep pro-
grams that have effectively used educational technology and 
distance learning in the delivery of curricula and services and 
in the articulation process; and 
"(3) establish articulation agreements with institutions of 
higher education, labor organizations, or businesses located 
inside or outside the State and served by the consortium, espe-
cially with regard to using distance learning and educational 
technology to provide for the delivery of services and programs. 
20 use 2374. 
"SEC. 205. CONSORTIUM APPLICATIONS. 
"(a) IN GENERAL.—Each consortium that desires to receive a 
grant under this title shall submit an application to the eligible 
agency at such time and in such manner as the eligible agency 
shall prescribe. 
"(b) PLAN.—^Each application submitted under this section shall 
contain a 5-year plan for the development and implementation 
of tech-prep programs under this title, which plan shall be reviewed 
after the second year of the plan. 
"(c) APPROVAL.—^The eligible agency shall approve applications 
based on the potential of the activities described in the application 
to create an effective tech-prep program. 
"(d) SPECIAL CONSIDERATION.—^The eligible agency, as appro-
priate, shall give special consideration to applications that— 
"(1) provide for effective employment placement activities 
or the transfer of students to baccalaureate degree programs; 
"(2) are developed in consultation with business, industry, 
institutions of higher education, and labor organizations; 
"(3) address effectively the issues of school dropout preven-
tion and reentry and the needs of special populations; 
"(4) provide education and training in areas or skills in 
which 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 eligible agency shall ensure an equitable 
distribution of assistance between urban and rural consortium 
participants. 
20 use 2375. 
"SEC. 206, REPORT. 
"Each eligible agency that receives a grant under this title 
annually shall prepare and submit to the Secretary a report on 
the effectiveness of the tech-prep programs assisted under this 
title, including a description of how grants were awarded within 
the State. 
. „ 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3121 
"SEC. 207. DEMONSTRATION PROGRAM. 
20 USC 2376. 
"(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 education program; and 
"(2) may provide summer internships at a business for 
students or teachers. 
"(c) APPLICATION.—Each consortium desiring a grant under this 
section shall submit an application to the Secretary at such time, 
in such manner and accompanied by such information as the Sec-
retary may require. 
"(d) APPLICABILITY.—The provisions of sections 203, 204, 205, 
and 206 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 204(c), 
except that such paragraph (3)(B) shall be applied by striking 
', and if possible and practicable, 4-year institutions of higher 
education through nonduplicative sequences of courses in career 
fields'; and 
"(3) in awarding grants under this section, the Secretary 
shall give special consideration to consortia submitting applica-
tions under subsection (c) that meet the requirements of para-
graphs (1), (3), (4), and (5) of section 205(d), except that such 
paragraph (1) shall be applied by striking 'or the transfer 
of students to baccalaureate degree programs'. 
"(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 4 succeeding fiscal years. 
"SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 2377. 
"There is authorized to be appropriated to carry out this title 
(other than section 207) such sums as may be necessary for fiscal 
year 1999 and each of the 4 succeeding fiscal years. 
"TITLE III—GENERAL PROVISIONS 
"PART A—FEDERAL ADMINISTRATIVE 
PROVISIONS 
"SEC. 311. FISCAL REQUIREMENTS. 
20 USC 2391. 
"(a) SUPPLEMENT NOT SUPPLANT.—Funds made available under 
this Act for vocational and technical education activities shall 
supplement, and shall not supplant, non-Federal funds expended 
112 STAT. 3122 
PUBLIC LAW 105-332—OCT. 31, 1998 
to carry out vocational and technical education activities and tech-
prep activities. 
"(b) MAINTENANCE OF EFFORT.— 
"(1) DETERMINATION.— 
"(A) IN GENERAL.—Except as provided in subpara-
graphs (B) and (C), no payments shall be made under 
this Act for any fiscal year to a State for vocational and 
technical education programs or tech-prep programs unless 
the Secretary determines that the fiscal effort per student 
or the aggregate expenditures of such State for vocational 
and technical education programs for the fiscal year preced-
ing the fiscal year for which the determination is made, 
equaled or exceeded such effort or expenditures for voca-
tional and 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 shall exclude capital expenditures, special one-
time project costs, and the cost of pilot programs. 
"(C) DECREASE IN FEDERAL SUPPORT.—If the amount 
made available for vocational and technical education pro-
grams under this Act for a fiscal year is less than the 
amount made available for vocational and technical edu-
cation programs 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 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 exceptional or uncontrollable circumstances affecting 
the ability of the eligible agency 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 
section for years subsequent to the year covered by such waiver. 
The fiscal effort or aggregate expenditures for the subsequent 
years shall be computed on the basis of the level of funding 
that would, but for such waiver, have been required. 
20 u s e 2392. 
"SEC. 312. 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 in appropriation Acts. 
20 u s e 2393. 
"SEC. 313. CONSTRUCTION. 
"Nothing in this Act shall be construed to permit, allow, encour-
age, 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 under State law. 
This section shall not be construed to bar students attending pri-
vate, religious, or home schools from participation in programs 
or services under this Act. 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3123 
"SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION. 
20 USC 2394. 
"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 voca-
tional and technical education program, including a vocational 
and technical education program that requires the attainment 
of a federally funded skill level, standard, or certificate of 
mastery. 
"SEC. 315. LIMITATION FOR CERTAIN STUDENTS. 
20 USC 2395. 
"No funds received under this Act may be used to provide 
vocational and 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. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS. 
20 USC 2396. 
"Nothing in this Act shall be construed to be inconsistent with 
applicable Federal law prohibiting discrimination on the basis of 
race, color, sex, national origin, age, or disability in the provision 
of Federal programs or services. 
"SEC. 317. AUTHORIZATION OF SECRETARY. 
20 USC 2397. 
"For the purposes of increasing and expanding the use of tech-
nology in vocational and technical education instruction, including 
the training of vocational and technical education personnel as 
provided in this Act, the Secretary is authorized to receive and 
use funds collected by the Federal Government from fees for the 
use of property, rights-of-way, and easements under the control 
of Federal departments and agencies for the placement of tele-
communications 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. 318. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL. 
20 USC 2398. 
"An eligible agency or eligible recipient that uses funds under 
this Act for inservice and preservice vocational and technical edu-
cation professional development programs for vocational and tech-
nical education teachers, administrators, and other personnel may, 
upon request, permit the participation in such programs of voca-
tional and technical education teachers, administrators, and other 
personnel in nonprofit private schools offering vocational and tech-
nical education programs located in the geographical area served 
by such agency or recipient. 
"PART B—STATE ADMINISTRATIVE 
PROVISIONS 
"SEC. 321. JOINT FUNDING. 
20 USC 2411. 
"(a) GENERAL AUTHORITY.—Funds made available to eligible 
agencies under this Act may be used to provide additional funds 
under an applicable program if— 
"(1) such program otherwise meets the requirements of 
this Act and the requirements of the applicable program; 
"(2) such program serves the same individuals that are 
served under this Act; 
112 STAT. 3124 
PUBLIC LAW 105-332—OCT. 31, 1998 
"(3) such program provides services in a coordinated man-
ner with services provided under this Act; and 
"(4) such funds are used to supplement, and not supplant, 
funds provided from non-Federal sources. 
"(b) APPLICABLE PROGRAM.—For the purposes of this section, 
the term 'applicable program' means any program under any of 
the following provisions of law: 
"(1) Chapters 4 and 5 of subtitle B of title I of Public 
Law 105-220. 
"(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 funds 
used as matching funds. 
20 u s e 2412. 
"SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE 
RELOCATION OF BUSINESSES. 
"No funds provided under this Act shall be used for the purpose 
of directly providing incentives or inducements to an employer 
to relocate a business enterprise from one State to another State 
if such relocation will 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. 
20 u s e 2413. 
"SEC. 323. STATE ADMINISTRATIVE COSTS. 
"(a) GENERAL RULE.—Except as provided in subsection (b), for 
each fiscal year for which an eligible agency receives assistance 
under this Act, the eligible agency shall provide, from non-Federal 
sources for the costs the eligible agency incurs for the administra-
tion of programs under this Act an amount that is not less than 
the amount provided by the eligible agency from non-Federal 
sources for such costs for the preceding fiscal year. 
"(b) EXCEPTION.—If the amount made available for administra-
tion 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 eligible 
agency is required to provide from non-Federal sources for costs 
the eligible agency incurs for administration of programs under 
this Act shall be the same percentage as the amount made available 
for administration of programs under this Act. 
20 u s e 2414. 
"SEC. 324. LIMITATION ON FEDERAL REGULATIONS. 
"The Secretary may issue regulations under this Act only to 
the extent necessary to administer and ensure compliance with 
the specific requirements of this Act. 
20 u s e 2415. 
"SEC. 325. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS. 
"(a) 
ATTENDANCE 
COSTS 
NOT 
TREATED 
AS 
INCOME 
OR 
RESOURCES.—^The portion of any student 
financial 
assistance 
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 eligibility for assistance under any other 
I 
program funded in whole or in part with Federal funds. 
"(b) ATTENDANCE COSTS.—^The attendance costs described in 
this subsection are— 
"(1) tuition and fees normally assessed a student carrying 
an academic workload as determined by the institution, and 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3125 
including costs for rental or purchase of any equipment, mate-
rials, or supplies required of all students in that course of 
study; and 
"(2) an allowance for books, supplies, transportation, 
dependent care, and miscellaneous personal expenses for a 
student attending the institution on at least a half-time basis, 
as determined by the institution. 
"(c) COSTS OF VOCATIONAL AND TECHNICAL EDUCATION SERV-
ICES.—Funds made available under this Act may be used to pay 
for the costs of vocational and technical education services required 
in an individualized education plan developed pursuant to section 
614(d) of the Individuals with Disabilities Education Act and serv-
ices necessary to meet the requirements of section 504 of the 
Rehabilitation Act of 1973 with respect to ensuring equal access 
to vocational and technical education.". 
SEC. 2. PROMOTING SCHOLAR-ATHLETE COMPETITIONS. 
Section 10104 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 8004) is amended— 
(1) in subsection (a), by striking "to be held in 1995" and 
inserting "to be held in 1999"; and 
(2) in subsection (b)— 
(A) in paragraph (4), by striking "in the summer of 
1995" and inserting "in the summer of 1999"; 
(B) in paragraph (5), by striking "in 1996 and there-
after, as well as replicate such program"; and 
(C) in paragraph (6), by striking "1995" and inserting 
"1999". 
SEC. 3. REFERENCES TO CARL D. PERKINS VOCATIONAL AND APPLIED 
TECHNOLOGY EDUCATION ACT. 
(a) IMMIGRATION AND NATIONALITY ACT.—Section 245A(h)(4)(C) 
of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) 
is amended by striking "Vocational Education Act of 1963" and 
inserting "Carl D. Perkins Vocational and Technical Education Act 
of 1998". 
(b) NATIONAL DEFENSE AUTHORIZATION ACT.—Section 4461 of 
the National Defense Authorization Act for Fiscal Year 1993 (10 
U.S.C. 1143 note) is amended— 
(1) by striking paragraph (4); and 
(2) by redesignating paragraphs (5) and (6) as paragraphs 
(4) and (5), respectively. 
(c) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.— 
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.) is amended— 
(1) in section 1114(b)(2)(C)(v) (20 U.S.C. 6314(b)(2)(C)(v)), 
by striking "Carl D. Perkins Vocational and Applied Technical 
Education Act" and inserting "Carl D. Perkins Vocational and 
Technical Education Act of 1998"; 
(2) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)), by striking 
"Carl D. Perkins Vocational and Technical Education Act" and 
inserting "Carl D. Perkins Vocational and Technical Education 
Act of 1998"; 
(3) in section 14302(a)(2) (20 U.S.C. 8852(a)(2)>— 
(A) by striking subparagraph (C); and 
(B) by redesignating subparagraphs (D), (E), and (F) 
as subparagraphs (C), (D), and (E), respectively; and 
112 STAT. 3126 
PUBLIC LAW 105-332—OCT. 31, 1998 
(4) in the matter preceding subparagraph (A) of section 
14307(a)(1) (20 U.S.C. 8857(a)(1)), by striking "Carl D. Perkins 
Vocational and Applied Technology Technical Education Act" 
and inserting "Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998". 
(d) 
EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 
1994.—Section 533(c)(4)(A) of the Equity in Educational Land-Grant 
Status Act of 1994 (7 U.S.C. 301 note) is amended by striking 
"(20 U.S.C. 2397h(3)" and inserting ", as such section was in effect 
on the day preceding the date of enactment of the Carl D. Perkins 
Vocational and Applied Technology Education Amendments of 
1998". 
(e) IMPROVING AMERICA'S SCHOOLS ACT OF 1994.—Section 563 
of the Improving America's Schools Act of 1994 (20 U.S.C. 6301 
note) is amended by striking "the date of enactment of an Act 
reauthorizing the Carl D. Perkins Vocational and Technical Edu-
cation Act (20 U.S.C. 2301 et seq.)" and inserting "July 1, 1999". 
(f) WORKFORCE INVESTMENT ACT OF 1998.—Section 101(3) of 
the Workforce Investment Act of 1998 (29 U.S.C. 2801(3)) is amend-
ed by striking "section 521 of the Carl D. Perkins Vocational and 
Applied Technology Education Act (20 U.S.C. 2471)" and inserting 
"section 3 of the Carl D. Perkins Vocational and Technical Education 
Act of 1998". 
(g) APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965.—Sec-
tion 214(c) of the Appalachian Regional Development Act of 1965 
(40 U.S.C. App. 214(c)) is amended by striking "Carl D. Perkins 
Vocational Education Act" and inserting "Carl D. Perkins Vocational 
and Technical Education Act of 1998". 
20 u s e 11 note. 
(h) VOCATIONAL EDUCATION AMENDMENTS OF 1968.—Section 
104 of the Vocational Education Amendments of 1968 (82 Stat. 
1091) is amended by striking "section 3 of the Carl D. Perkins 
Vocational Education Act" and inserting "the Carl D. Perkins Voca-
tional and Technical Education Act of 1998". 
(i) OLDER AMERICANS ACT OF 1965.—^The Older Americans Act 
of 1965 (42 U.S.C. 3001 et seq.) is amended— 
(1) in section 502(b)(l)(N)(i) (42 U.S.C. 3056(b)(l)(N)(i)), 
by striking "or the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2301 et seq.)"; and 
(2) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))— 
(A) by striking "employment and training programs" 
and inserting "workforce investment activities"; and 
(B) by striking "the Carl D. Perkins Vocational and 
Applied Technology Education Act (20 U.S.C. 2301 et seq.)" 
and inserting "the Carl D. Perkins Vocational and Tech-
nical Education Act of 1998". 
SEC. 4. ADULT EDUCATION AND FAMILY LITERACY. 
The Adult Education and Family Literacy Act (20 U.S.C. 9201 
et seq.) is amended— 
20 use 9224. 
(1) in section 224, by adding at the end the following: 
"(g) TRANSITION.—^The provisions of this section shall be subject 
to section 506(b)."; and 
20 use 9276. 
(2) by amending paragraph (2) of section 506(b) to read 
as follows: 
"(2) LIMITATION.—^The authority to take actions under para-
graph (1) shall apply until July 1, 2000.". 
PUBLIC LAW 105-332—OCT. 31, 1998 
112 STAT. 3127 
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) WORKFORCE INVESTMENT ACT OF 1998.—Section 121 of the 
Workforce Investment Act of 1998 (29 U.S.C. 2841) is amended— 
(1) in subsection (b)( l)(B)(iv), by inserting before the semi-
colon the following: "(other than part C of title I of such Act 
and subject to subsection (f))"; and 
(2) by adding at the end the following: 
"(f) 
APPLICATION TO CERTAIN VOCATIONAL REHABILITATION 
PROGRAMS.— 
"(1) LIMITATION.—^Nothing in this section shall be construed 
to apply to part C of title I of the Rehabilitation Act of 1973 
(29 U.S.C. 741). 
"(2) CLIENT ASSISTANCE.—Nothing in this Act shall be con-
strued to require that any entity carrying out a client assistance 
program authorized under section 112 of the Rehabilitation 
Act of 1973 (29 U.S.C. 732)— 
"(A) violate the requirement of section 112(c)(1)(A) of 
that Act that the entity be independent of any agency 
which provides treatment, services, or rehabilitation to 
individuals under that Act; or 
"(B) carry out any activity not authorized under section 
112 of that Act (including appropriate Federal regula-
tions).". 
(b) WAGNER-PEYSER ACT.— 
(1) IN GENERAL.—Section 15 of the Wagner-Peyser Act (as 
added by section 309 of the Workforce Investment Act of 1998) Ante, p. 1082. 
is amended— 
(A) in subsection (a)(2)(A)(i), by striking "under" and 
all that follows through "for which" and inserting "under 
the provisions of this section for any purpose other than 
the statistical purposes for which"; and 
(B) in subsection (e)(2)(G), by striking "complementary" 
and inserting "complementarity". 
(2) EFFECTIVE DATE.—^The amendments made by paragraph 
(1) take effect July 2, 1999. 
(c) REHABILITATION ACT OF 1973.—Section 725(c)(7) of the 
Rehabilitation Act of 1973 (as amended by section 410 of the 
Workforce Investment Act of 1998) is amended by striking "manage-
ment," and all that follows and inserting "management;". 
SEC. 6. REPEALS AND EXTENSIONS OF PREVIOUS HIGHER EDUCATION 
AMENDMENTS PROVISIONS. 
(a) HIGHER EDUCATION AMENDMENTS OF 1986.—^Title XIII of 
the Higher Education Amendments of 1986 (Public Law 99-498) 
20 USC iioi 
is repealed. 
note, 1029 note, 
*
^ 
1070a note, 1071 
note, 1091 notes, 
1121 note, 1221-
1 notes, 9003 
note. 
29 USC 
m-2 
note. 
Ante, p. 1217. 
112 STAT. 3128 
PUBLIC LAW 105-332—OCT. 31, 1998 
25 use 3331 et 
seq. 
20 use 1070 
note, 1070a-21 
note, 1071 note, 
1080 note, 1101 
note, 1132a note, 
1134 note, 
1221-1 notes, 
1221e note, 9003 
note. 
20 use 1101 
note, 1145h, 1452 
note; 29 USe 
2401 et seq. 
(b) HIGHER EDUCATION AMENDMENTS OF 1992.—The following 
provisions of the Higher Education Amendments of 1992 (Public 
Law 102-325) are repealed: 
(1) Parts E, F, and G of title XIIL 
(2) Title XIV. 
(3) Parts A, B, C, and D of title XV. 
Approved October 31, 1998. 
LEGISLATIVE 
fflSTORY—H.R. 
1853: 
HOUSE REPORTS: Nos. 10&-177 (Comm. on Education and the Workforce) and 
105-800 (Comm. of Conference). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): July 17, 22, considered and passed House. 
Vol. 144 (1998): June 12, considered and passed Senate, amended. 
Oct. 8, House and Senate agreed to conference report.