H.R.1853
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(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:
`(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.
`Sec. 111. Reservations and State allotment.
`Sec. 112. Within State allocation.
`Sec. 113. Accountability.
`Sec. 114. National activities.
`Sec. 115. Assistance for the outlying areas.
`Sec. 116. Native American program.
`Sec. 117. Tribally controlled postsecondary vocational and technical institutions.
`Sec. 118. Occupational and employment information.
`Sec. 121. State administration.
`Sec. 122. State plan.
`Sec. 123. Improvement plans.
`Sec. 124. State leadership activities.
`Sec. 131. Distribution of funds to secondary school programs.
`Sec. 132. Distribution of funds for postsecondary vocational and technical education programs.
`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.
`Sec. 201. Short title.
`Sec. 202. Definitions.
`Sec. 203. State allotment and application.
`Sec. 204. Tech-prep education.
`Sec. 205. Consortium applications.
`Sec. 206. Report.
`Sec. 207. Demonstration program.
`Sec. 208. Authorization of appropriations.
`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.
`Sec. 321. Joint funding.
`Sec. 322. Prohibition on use of funds to induce out-of-State relocation of businesses.
`Sec. 323. State administrative costs.
`Sec. 324. Limitation on Federal regulations.
`Sec. 325. Student assistance and other Federal programs.
`The purpose of this Act is to develop more fully the academic, vocational, and technical skills of secondary students and postsecondary 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 participating vocational and technical education students;
`(3) increasing State and local flexibility in providing services and activities designed to develop, implement, and improve vocational and technical education, including tech-prep education; and
`(4) disseminating national research, and providing professional development and technical assistance, that will improve vocational and technical education programs, services, and activities.
`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 performance 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 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 exclusively 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 exclusively or principally used for providing vocational and technical education in not fewer than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market;
`(C) a public or nonprofit technical institution or vocational and technical education school used exclusively or principally for the provision of vocational and technical education to individuals who have completed or left secondary 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 completed 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 providing access to information regarding career awareness and planning 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 education' means a method of instruction of education for individuals 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 homemaker' means an individual who--
`(A)(i) has worked primarily without remuneration to care for a home and family, and for that reason has diminished 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 experiencing 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 programs 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 understanding the English language, and--
`(A) whose native language is a language other than English; or
`(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 disability' 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 educational 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 occupations 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 acceptable for credit toward a bachelor's degree;
`(B) a tribally controlled college or university; or
`(C) a nonprofit educational institution offering certificate 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 Secretary of Education.
`(23) SPECIAL POPULATIONS- The term `special populations' means--
`(A) individuals with disabilities;
`(B) individuals from economically disadvantaged families, including foster children;
`(C) individuals preparing for nontraditional training and employment;
`(D) single parents, including single pregnant women;
`(E) displaced homemakers; and
`(F) individuals with other barriers to educational achievement, including individuals with limited English proficiency.
`(24) STATE- The term `State', unless otherwise specified, means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area.
`(25) SUPPORT SERVICES- The term `support services' means services related to curriculum modification, equipment modification, classroom modification, supportive personnel, and instructional aids and devices.
`(26) TECH-PREP PROGRAM- The term `tech-prep program' means a program of study that--
`(A) combines at least 2 years of secondary education (as determined under State law) and 2 years of postsecondary 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 employment, 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 sanctioned 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 philosophy, or a plan of operation, that fosters individual Indian economic and self-sufficiency opportunity, including programs that are appropriate to stated tribal goals of developing individual entrepreneurships and self-sustaining economic infrastructures on reservations;
`(E) has been in operation for at least 3 years;
`(F) holds accreditation with or is a candidate for accreditation by a nationally recognized accrediting authority 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 educational activities that--
`(A) offer a sequence of courses that provides individuals 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 employment sectors; and
`(B) include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, of an individual.
`(30) VOCATIONAL AND TECHNICAL STUDENT ORGANIZATION-
`(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.
`The Secretary shall take such steps as the Secretary determines 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 enactment of the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998.
`(a) GEPA- Nothing in this Act shall be construed to supersede the privacy protections afforded parents and students under section 444 of the General Education Provisions Act (20 U.S.C. 1232g), as added by the Family Educational Rights and Privacy Act of 1974 (section 513 of Public Law 93-380; 88 Stat. 571).
`(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE- Nothing in this Act shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under this Act.
`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 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 programs under this Act.
`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'.
`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.
`(a) RESERVATIONS AND STATE ALLOTMENT-
`(1) RESERVATIONS- From the sum appropriated under section 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 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 provision of law and subject to subparagraphs (B) and (C), and paragraph (4), no State shall receive for a fiscal year under this subsection less than 1/2 of 1 percent of the amount appropriated under section 8 and not reserved under paragraph (1) for such fiscal year. Amounts necessary for increasing such payments to States to comply with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States.
`(B) REQUIREMENT- No State, by reason of the application 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 Vocational 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-
`(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 Education 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 reallotment among other States shall occur on such dates during the same year as the Secretary shall fix, and shall be made on the basis of criteria established by regulation. No funds may be reallotted for any use other than the use for which the funds were appropriated. Any amount reallotted to a State under this subsection for any fiscal year shall remain available for 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 obligated.
`(c) ALLOTMENT RATIO-
`(1) IN GENERAL- The allotment ratio for any State shall be 1.00 less the product of--
`(A) 0.50; and
`(B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of the 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 promulgated by the Secretary for each fiscal year between October 1 and December 31 of the fiscal year preceding the fiscal year for which the determination is made. Allotment ratios shall be computed on the basis of the average of the appropriate per capita 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.
`(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.
`(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 technical 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 technical students; and
`(D) communities negatively impacted by changes resulting from the amendments made by the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 to the within State allocation under section 231 of the Carl D. Perkins Vocational and Applied Technology 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 least 2 of the categories described in subparagraphs (A) through (D) of paragraph (1).
`(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 education, 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 established 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 performance 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 vocational 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-
`(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 performance for each of the core indicators of performance described in paragraph (2)(A) for vocational and technical 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 measurable; 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 submitted 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 levels 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 identified 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 percentage 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 performance established for other States taking into account factors including the characteristics of participants when the participants entered the program and the services or instruction to be provided; and
`(II) the extent to which such levels of performance 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 INDICATORS- Each eligible agency shall identify in the State plan, State levels of performance for each of the additional indicators of performance described in paragraph (2)(B). Such levels shall be considered to be the State levels of performance 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 Congress copies of such reports.
`(a) PROGRAM PERFORMANCE INFORMATION-
`(1) IN GENERAL- The Secretary shall collect performance information about, and report on, the condition of vocational and technical education and on the effectiveness of State and local programs, services, and activities carried out under this title in order to provide the Secretary and Congress, as well as Federal, State, local, and tribal agencies, with information relevant to improvement in the quality and effectiveness of vocational and technical education. The Secretary annually shall report to Congress on the Secretary's aggregate analysis of performance information collected each year pursuant to 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 assessment 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 receiving 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 programs 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 accordance with paragraph (3); and
`(iii) include such other information as the Secretary 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 assessment. The panel shall submit 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 Secretary an independent analysis of the findings and recommendations resulting from the assessment described in paragraph (3). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel established under this subsection.
`(3) EVALUATION AND ASSESSMENT-
`(A) IN GENERAL- From amounts made available under paragraph (8), the Secretary shall provide for the conduct of an independent evaluation and assessment of vocational and technical education programs under this Act through studies and analyses conducted independently through grants, contracts, and cooperative agreements that are awarded on a competitive basis.
`(B) CONTENTS- The assessment required under paragraph (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 programs and the effect of programs assisted under this Act on that development, implementation, or improvement, 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 Federal, 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 delivery 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 vocational 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 technical education programs; and
`(III) the extent to which vocational and technical education programs prepare students for subsequent employment in high-wage, high-skill careers or participation in postsecondary education;
`(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 performance and State levels of performance on the delivery of vocational and technical education services.
`(C) REPORTS-
`(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 assessment 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 Department 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 Secretary, but the President, the Secretary, and the independent advisory panel established under paragraph (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 information 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, organizations, or agencies to establish a national research center or centers--
`(i) to carry out research for the purpose of developing, 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 postsecondary instruction;
`(II) education technology and distance learning 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
`(IV) academic knowledge and vocational and technical skills required for employment or participation in postsecondary education;
`(ii) to carry out research to increase the effectiveness and improve the implementation of vocational and technical education programs, including conducting 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 Secretary 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 prepare a report of key research findings of such center or centers and shall submit copies of the report to the Secretary, 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 Congress, and each eligible agency.
`(C) DISSEMINATION- The center or centers shall conduct 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 technical education programs, to replicate model vocational and technical education programs, to disseminate best practices information, and to provide technical assistance upon request of a State, for the purposes of developing, improving, and identifying the most successful methods and techniques 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 provide program support, and facilities for education, training, tutoring, counseling, employment preparation, specific skills training in emerging and established professions, and for retraining of military medical personnel, individuals displaced by corporate or 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 agreements, or through the national center or centers established 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.
`(a) OUTLYING AREAS- From funds reserved pursuant to section 111(a)(1)(A), the Secretary shall--
`(1) make a grant in the amount of $500,000 to Guam; and
`(2) make a grant in the amount of $190,000 to each of American Samoa and the Commonwealth of the Northern Mariana Islands.
`(b) REMAINDER- Subject to the provisions of subsection (a), the Secretary shall make a grant of the remainder of funds reserved pursuant to section 111(a)(1)(A) to the Pacific Region Educational Laboratory in Honolulu, Hawaii, to make grants for vocational and technical education and training in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, for the purpose of providing direct vocational and technical educational services, including--
`(1) teacher and counselor training and retraining;
`(2) curriculum development; and
`(3) the improvement of vocational and technical education and training programs in secondary schools and institutions of higher education, or improving cooperative education programs 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.
`(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).
`(3) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION- The terms `Indian', `Indian tribe', and `tribal organization' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
`(4) NATIVE HAWAIIAN- The term `Native Hawaiian' means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
`(5) NATIVE HAWAIIAN ORGANIZATION- The term `Native Hawaiian organization' has the meaning given the term in section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912).
`(b) PROGRAM AUTHORIZED-
`(1) AUTHORITY- From funds reserved under section 111(a)(1)(B)(i), the Secretary shall make grants to and enter into contracts with Indian tribes, tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (d), except that such grants or contracts shall not be awarded to secondary school programs in Bureau funded schools.
`(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS- The grants or contracts described in this section (other than in subsection (i)) that are awarded to any Indian tribe or tribal organization shall be subject to the terms and conditions of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under this subsection.
`(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS- An Indian tribe, a tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Affairs to enable such school to carry out vocational and technical education programs.
`(4) MATCHING- If sufficient funding is available, the Bureau of Indian Affairs shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of Indian Affairs shall expend not less than the amount expended during the prior fiscal year on vocational and technical 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 completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Affairs.
`(5) REGULATIONS- If the Secretary promulgates any regulations applicable to subsection (b)(2), the Secretary shall--
`(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 vocational 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 organization, tribe, or entity shall comply with the requirements of this section.
`(e) RESTRICTIONS AND SPECIAL CONSIDERATIONS- The Secretary 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 contracts 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 universities 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 programs that are accredited or are candidates for accreditation by a nationally recognized accreditation organization and issue certificates for completion of vocational and technical 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 accordance with the provisions of the Indian Employment, Training and 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 provision 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 111(a)(1)(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 Governor of the State of Hawaii to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the benefit of Native Hawaiians.
`(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 institutions 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 paragraph (1), the per capita payment for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled postsecondary vocational 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.
`(d) APPLICATIONS- Any tribally controlled postsecondary vocational 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 availability 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, transportation, student services, daycare and family support programs for students and their families (including contributions to the costs of education for dependents), and student stipends;
`(B) capital expenditures, including operations and maintenance, and minor improvements and repair, and physical plant maintenance costs, for the conduct of programs 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 preclude any tribally controlled postsecondary vocational and technical 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 controlled 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 appropriate contract support to administer such portion of the appropriated funds.
`(g) NEEDS ESTIMATE AND REPORT ON FACILITIES AND FACILITIES IMPROVEMENT-
`(1) NEEDS ESTIMATE- The Secretary shall, based on the most accurate data available from the institutions and Indian tribes whose Indian students are served under this section, and in consideration of employment needs, economic development needs, 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 institutions. 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 section. The study shall include an examination of--
`(i) training equipment needs;
`(ii) housing needs of families whose heads of households are students and whose dependents have no alternate source of 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 institution 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 current and accurate data available from the institutions and Indian tribes affected.
`(C) SUBMISSION- The Secretary shall submit to Congress 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 vocational and technical institution, determined as follows:
`(A) REGISTRATIONS- The registrations of Indian students as in effect on October 1 of each year.
`(B) SUMMER TERM- Credits or clock hours toward a certificate earned in classes 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 institution shall be presumed to have established such criteria if the admission procedures for such studies include counseling 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 earning credits in any continuing education program of a tribally 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 converted to the basis that is in accordance with the institution'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.
`(a) NATIONAL ACTIVITIES- From funds appropriated under subsection (f), the Secretary, in consultation with appropriate Federal 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 replication 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 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 education 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 students and parents, to provide comments and feedback on products 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 activities assisted under such section.
`(2) PUBLIC LAW 105-220- None of the functions and activities 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.
`(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, students, 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 determines necessary to carry out the eligible agency's responsibilities 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.
`(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 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, representatives 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 activities 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 postsecondary 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 technical, 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 planning, 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 allocated--
`(A) among secondary school vocational and technical education, or postsecondary and adult vocational and technical 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 students participating in vocational and technical education programs, including strengthening the academic, and vocational 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 understanding of, all aspects of an industry; and
`(B) ensure that students who participate in such vocational 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 evaluate 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 nonduplication 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 comply 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 representing 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;
`(13) describes how the eligible agency will adequately address the needs of students in alternative education programs, 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 preparation 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 concerning the provision of services only for postsecondary students and school dropouts.
`(d) PLAN OPTION- The eligible agency may fulfill the requirements of subsection (a) by submitting a plan under section 501 of Public 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 Secretary determines that--
`(A) the State plan, or revision, respectively, does not meet the requirements of this section; or