WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
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WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
(Senate - May 01, 1998)
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WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
The PRESIDING OFFICER (Mr. Allard). The Chair lays before the Senate
S. 1186.
The assistant legislative clerk read as follows:
A bill (
S. 1186) to provide for education and training and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Labor and Human Resources, with an amendment to
strike all after the enacting clause and inserting in lieu thereof the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Investment Partnership Act of 1997''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Voluntary selection and participation.
Subtitle A--Vocational Education
Chapter 1--Federal Provisions
Sec. 111. Reservations and State allotment.
Sec. 112. Performance measures and expected levels of performance.
Sec. 113. Assistance for the outlying areas.
Sec. 114. Indian and Hawaiian Native programs.
Sec. 115. Tribally controlled postsecondary vocational institutions.
Sec. 116. Incentive grants.
Chapter 2--State Provisions
Sec. 121. State administration.
Sec. 122. State use of funds.
Sec. 123. State leadership activities.
Sec. 124. State plan.
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Chapter 3--Local Provisions
Sec. 131. Distribution for secondary school vocational education.
Sec. 132. Distribution for postsecondary vocational education.
Sec. 133. Local activities.
Sec. 134. Local application.
Subtitle B--Tech-Prep Education
Sec. 151. Short title.
Sec. 152. Purposes.
Sec. 153. Definitions.
Sec. 154. Program authorized.
Sec. 155. Tech-prep education programs.
Sec. 156. Applications.
Sec. 157. Authorization of appropriations.
Subtitle C--General Provisions
Sec. 161. Administrative provisions.
Sec. 162. Evaluation, improvement, and accountability.
Sec. 163. National activities.
Sec. 164. National assessment of vocational education programs.
Sec. 165. National research center.
Sec. 166. Data systems.
Subtitle D--Authorization of Appropriations
Sec. 171. Authorization of appropriations.
Subtitle E--Repeal
Sec. 181. Repeal.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Findings and purpose.
Subtitle A--Adult Education and Literacy Programs
Chapter 1--Federal Provisions
Sec. 211. Reservation; grants to States; allotments.
Sec. 212. Performance measures and expected levels of performance.
Sec. 213. National leadership activities.
Chapter 2--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; State share.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other
institutionalized individuals.
Chapter 3--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Chapter 4--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. Priorities and preferences.
Sec. 243. Incentive grants.
Sec. 244. Evaluation, improvement, and accountability.
Sec. 245. National Institute for Literacy.
Sec. 246. Authorization of appropriations.
Subtitle B--Repeal
Sec. 251. Repeal.
TITLE III--WORKFORCE INVESTMENT AND RELATED ACTIVITIES
Subtitle A--Workforce Investment Activities
Chapter 1--Allotments To States for Adult Employment and Training
Activities, Dislocated Worker Employment and Training Activities, and
Youth Activities
Sec. 301. General authorization.
Sec. 302. State allotments.
Sec. 303. Statewide partnership.
Sec. 304. State plan.
Chapter 2--Allocations To Local Workforce Investment Areas
Sec. 306. Within State allocations.
Sec. 307. Local workforce investment areas.
Sec. 308. Local workforce investment partnerships and youth
partnerships.
Sec. 309. Local plan.
Chapter 3--Workforce Investment Activities and Providers
Sec. 311. Identification and oversight of one-stop partners and one-
stop customer service center operators.
Sec. 312. Determination and identification of eligible providers of
training services by program.
Sec. 313. Identification of eligible providers of youth activities.
Sec. 314. Statewide workforce investment activities.
Sec. 315. Local employment and training activities.
Sec. 316. Local youth activities.
Chapter 4--General Provisions
Sec. 321. Accountability.
Sec. 322. Authorization of appropriations.
Subtitle B--Job Corps
Sec. 331. Purposes.
Sec. 332. Definitions.
Sec. 333. Establishment.
Sec. 334. Individuals eligible for the Job Corps.
Sec. 335. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 336. Enrollment.
Sec. 337. Job Corps centers.
Sec. 338. Program activities.
Sec. 339. Counseling and job placement.
Sec. 340. Support.
Sec. 341. Operating plan.
Sec. 342. Standards of conduct.
Sec. 343. Community participation.
Sec. 344. Industry councils.
Sec. 345. Advisory committees.
Sec. 346. Experimental, research, and demonstration projects.
Sec. 347. Application of provisions of Federal law.
Sec. 348. Special provisions.
Sec. 349. Management information.
Sec. 350. General provisions.
Sec. 351. Authorization of appropriations.
Subtitle C--National Programs
Sec. 361. Native American programs.
Sec. 362. Migrant and seasonal farmworker programs.
Sec. 363. Veterans' workforce investment programs.
Sec. 364. Youth opportunity grants.
Sec. 365. Incentive grants.
Sec. 366. Technical assistance.
Sec. 367. Demonstration, pilot, multiservice, research, and multistate
projects.
Sec. 368. Evaluations.
Sec. 369. National emergency grants.
Sec. 370. Authorization of appropriations.
Subtitle D--Administration
Sec. 371. Requirements and restrictions.
Sec. 372. Prompt allocation of funds.
Sec. 373. Monitoring.
Sec. 374. Fiscal controls; sanctions.
Sec. 375. Reports; recordkeeping; investigations.
Sec. 376. Administrative adjudication.
Sec. 377. Judicial review.
Sec. 378. Nondiscrimination.
Sec. 379. Administrative provisions.
Sec. 380. State legislative authority.
Subtitle E--Repeals and Conforming Amendments
Sec. 391. Repeals.
Sec. 392. Conforming amendments.
Sec. 393. Effective dates.
TITLE IV--WORKFORCE INVESTMENT-RELATED ACTIVITIES
Subtitle A--Wagner-Peyser Act
Sec. 401. Definitions.
Sec. 402. Functions.
Sec. 403. Designation of State agencies.
Sec. 404. Appropriations.
Sec. 405. Disposition of allotted funds.
Sec. 406. State plans.
Sec. 407. Repeal of Federal Advisory Council.
Sec. 408. Regulations.
Sec. 409. Labor market information.
Sec. 410. Technical amendments.
Subtitle B--Linkages With Other Programs
Sec. 421. Trade Act of 1974.
Sec. 422. National Apprenticeship Act.
Sec. 423. Veterans' employment programs.
Sec. 424. Older Americans Act of 1965.
TITLE V--GENERAL PROVISIONS
Sec. 501. State unified plans.
Sec. 502. Transition provisions.
Sec. 503. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adult.--In paragraph (14) and title III, the term
``adult'' means an individual who is age 22 or older.
(2) Adult education.--The term ``adult education'' means
services or instruction below the postsecondary level for
individuals--
(A) who have attained 16 years of age or who are beyond the
age of compulsory school attendance under State law;
(B) who are not enrolled in secondary school; and
(C) who--
(i) lack sufficient mastery of basic educational skills to
enable the individuals to function effectively in society;
(ii) do not possess a secondary school diploma or its
recognized equivalent; or
(iii) are unable to speak, read, or write the English
language.
(3) Area vocational education school.--The term ``area
vocational education school'' means--
(A) a specialized public secondary school used exclusively
or principally for the provision of vocational education for
individuals who seek to study and prepare for entering the
labor market;
(B) the department of a public secondary school exclusively
or principally used for providing vocational 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 technical institute or vocational school used
exclusively or principally for the provision of vocational
education to individuals who have completed or left public
secondary school and who seek to study and prepare for
entering the labor market, if the institute or school admits
as regular students both individuals who have completed
public secondary school and individuals who have left public
secondary school; or
(D) the department or division of a junior college,
community college, or university operating under the policies
of the eligible agency and that provides vocational education
in not fewer than 5 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 public
secondary school and individuals who have left public
secondary school.
(4) Chief elected official.--The term ``chief elected
official'' means the chief elected executive officer of a
unit of general local government in a local area.
(5) Disadvantaged adult.--In title III, and except as
provided in section 302, the term ``disadvantaged adult''
means an adult who is a low-income individual.
(6) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has received
a notice of termination or layoff, from employment;
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop customer
service center, attachment to the workforce, but is not
eligible for unemployment compensation due to insufficient
earnings or having performed services for an
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employer that were not covered under a State unemployment
compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result
of any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services under
title III other than training services described in section
315(c)(3), intensive services, or supportive services, is
employed at a facility at which the employer has made a
general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a
rancher, or a fisherman) but is unemployed as a result of
general economic conditions in the community in which the
individual resides or because of natural disasters; or
(D) is a displaced homemaker.
(7) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another family
member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(8) Economic development agencies.--The term ``economic
development agencies'' includes local planning and zoning
commissions or boards, community development agencies, and
other local agencies and institutions responsible for
regulating, promoting, or assisting in local economic
development.
(9) Educational service agency.--The term ``educational
service agency'' means a regional public multiservice agency
authorized by State statute to develop and manage a service
or program, and provide the service or program to a local
educational agency.
(10) Elementary school; local educational agency.--The
terms ``elementary school'' and ``local educational agency''
have the meanings given the terms in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(11) Eligible agency.--The term ``eligible agency'' means--
(A) in the case of vocational education activities or
requirements described in title I--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for vocational education in the State or outlying area,
respectively, pursuant to the law of the State or outlying
area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for vocational education in
the State or outlying area, respectively, on the date of
enactment of the Workforce Investment Partnership Act of
1997; and
(B) in the case of adult education and literacy activities
or requirements described in title II--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for adult education and literacy in the State or outlying
area, respectively, pursuant to the law of the State or
outlying area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for adult education and
literacy in the State or outlying area, respectively, on the
date of enactment of the Workforce Investment Partnership Act
of 1997.
(12) Eligible institution.--In title I, 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 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.); and
(E) a consortium of 2 or more of the entities described in
subparagraphs (A) through (D).
(13) Eligible provider.--The term ``eligible provider''--
(A) in title II, means--
(i) a local educational agency;
(ii) a community-based organization;
(iii) an institution of higher education;
(iv) a public or private nonprofit agency;
(v) a consortium of such agencies, organizations, or
institutions; or
(vi) a library; and
(B) in title III, used with respect to--
(i) training services (other than on-the-job training),
means a provider who is identified in accordance with section
312;
(ii) youth activities, means a provider who is awarded a
grant in accordance with section 313; or
(iii) other workforce investment activities, means a public
or private entity selected to be responsible for such
activities, in accordance with subtitle A of title III, such
as a one-stop customer service center operator designated or
certified under section 311.
(14) Employment and training activity.--The term
``employment and training activity'' means an activity
described in section 314(b)(1) or subsection (c)(1) or (d) of
section 315, carried out for an adult or dislocated worker.
(15) English literacy program.--The term ``English literacy
program'' means a program of instruction designed to help
individuals of limited English proficiency achieve competence
in the English language.
(16) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(17) 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.
(18) Individual of limited english proficiency.--The term
``individual of limited English proficiency'' means an adult
or 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 where a
language other than English is the dominant language.
(19) Institution of higher education.--Except for purposes
of subtitle B of title I, the term ``institution of higher
education'' has the meaning given the term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(20) Literacy.--
(A) In general.--The term ``literacy'' means an
individual's ability to read, write, and speak in English,
compute, and solve problems, at levels of proficiency
necessary to function on the job and in society.
(B) Workplace literacy program.--The term ``workplace
literacy program'' means a program of literacy activities
that is offered in the workplace for the purpose of improving
the productivity of the workforce through the improvement of
literacy skills.
(21) Local area.--In paragraph (4) and title III, the term
``local area'' means a local workforce investment area
designated under section 307.
(22) Local partnership.--In title III, the term ``local
partnership'' means a local workforce investment partnership
established under section 308(a).
(23) Local performance measure.--The term ``local
performance measure'' means a performance measure established
under section 321(b).
(24) Low-income individual.--In paragraph (49) and title
III, the term ``low-income individual'' means an individual
who--
(A) receives, or is a member of a family that receives,
cash payments under a Federal, State, or local income-based
public assistance program;
(B) received an income, or is a member of a family that
received a total family income, for the 6-month period prior
to application for the program involved (exclusive of
unemployment compensation, child support payments, payments
described in subparagraph (A), and old-age and survivors
insurance benefits received under section 202 of the Social
Security Act (42 U.S.C. 402)) that, in relation to family
size, does not exceed the higher of--
(i) the poverty line, for an equivalent period; or
(ii) 70 percent of the lower living standard income level,
for an equivalent period;
(C) is a member of a household that receives (or has been
determined within the 6-month period prior to application for
the program involved to be eligible to receive) food stamps
pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.);
(D) qualifies as a homeless individual, as defined in
subsections (a) and (c) of section 103 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11302);
(E) is a foster child on behalf of whom State or local
government payments are made; or
(F) in cases permitted by regulations of the Secretary of
Labor, is an individual with a disability whose own income
meets the requirements of a program described in subparagraph
(A) or of subparagraph (B), but who is a member of a family
whose income does not meet such requirements.
(25) Lower living standard income level.--The term ``lower
living standard income level'' means that income level
(adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living
family budget issued by the Secretary of Labor.
(26) Nontraditional employment.--In titles I and III, the
term ``nontraditional employment'' refers to occupations or
fields of work for which individuals from one gender comprise
less than 25 percent of the individuals employed in each such
occupation or field of work.
(27) On-the-job training.--The term ``on-the-job training''
means training in the public or private sector that is
provided to a paid participant while engaged in productive
work in a job that--
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) provides reimbursement to employers of up to 50 percent
of the wage rate of the participant, for the extraordinary
costs of providing the training and additional supervision
related to the training; and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained.
(28) Out-of-school youth.--The term ``out-of-school youth''
means--
(A) a youth who is a school dropout; or
(B) a youth who has received a secondary school diploma or
its equivalent but is basic literacy skills deficient,
unemployed, or underemployed.
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(29) 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.
(30) Participant.--The term ``participant'', used with
respect to an activity carried out under title III, means an
individual participating in the activity.
(31) 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 community college; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
(32) Poverty line.--The term ``poverty line'' means 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.
(33) Public assistance.--In title III, the term ``public
assistance'' means Federal, State, or local government cash
payments for which eligibility is determined by a needs or
income test.
(34) Rapid response activity.--In title III, the term
``rapid response activity'' means an activity provided by a
State, or by an entity designated by a State, with funds
provided by the State under section 306(a)(2), in the case of
a permanent closure or mass layoff at a plant, facility, or
enterprise, or a natural or other disaster, that results in
mass job dislocation, in order to assist dislocated workers
in obtaining reemployment as soon as possible, with services
including--
(A) the establishment of onsite contact with employers and
employee representatives--
(i) immediately after the State is notified of a current or
projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the State
is made aware of mass job dislocation as a result of such
disaster;
(B) the provision of information and access to available
employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
(35) 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.
(36) 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), except
that the term does not include education below grade 9.
(37) Secretary.--
(A) Titles i and ii.--In titles I and II, the term
``Secretary'' means the Secretary of Education.
(B) Title iii.--In title III, the term ``Secretary'' means
the Secretary of Labor.
(38) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(39) State educational agency.--The term ``State
educational agency'' means the State board of education or
other agency or officer primarily responsible for the State
supervision of public elementary or secondary schools, or, if
there is no such agency or officer, an agency or officer
designated by the Governor or by State law.
(40) State performance measure.--In title III, the term
``State performance measure'' means a performance measure
established under section 321(a).
(41) Statewide partnership.--The term ``statewide
partnership'' means a partnership established under section
303.
(42) Supportive services.--In title III, the term
``supportive services'' means services such as
transportation, child care, dependent care, housing, and
needs-based payments, that are necessary to enable an
individual to participate in employment and training
activities or youth activities.
(43) Tribally controlled community college.--The term
``tribally controlled community college'' means an
institution that receives assistance under the Tribally
Controlled Community College Assistance Act of 1978 (25
U.S.C. 1801 et seq.) or the Navajo Community College Act (25
U.S.C. 640a et seq.).
(44) Unit of general local government.--In title III, the
term ``unit of general local government'' means any general
purpose political subdivision of a State that has the power
to levy taxes and spend funds, as well as general corporate
and police powers.
(45) Veteran; related definitions.--
(A) Veteran.--The term ``veteran'' means an individual who
served in the active military, naval, or air service, and who
was discharged or released from such service under conditions
other than dishonorable.
(B) Disabled veteran.--The term ``disabled veteran''
means--
(i) a veteran who is entitled to compensation under laws
administered by the Secretary of Veterans Affairs; or
(ii) an individual who was discharged or released from
active duty because of service-connected disability.
(C) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under title III within 48 months of the
discharge or release from active military, naval, or air
service.
(D) Vietnam era veteran.--The term ``Vietnam era veteran''
means a veteran any part of whose active military, naval, or
air service occurred between August 5, 1964, and May 7, 1975.
(46) Vocational education.--The term ``vocational
education'' means organized education that--
(A) offers a sequence of courses that provides individuals
with the academic knowledge and skills the individuals need
to prepare for further education and for careers in current
or emerging employment sectors; and
(B) includes competency-based applied learning that
contributes to the academic knowledge, higher-order reasoning
and problem-solving skills, work attitudes, general
employability skills, and occupation-specific skills, of an
individual.
(47) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
assisted under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
(48) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training
activity, a youth activity, and an activity described in
section 314.
(49) Youth.--In paragraph (50) and title III (other than
subtitles B and C of such title), the term ``youth'' means an
individual who--
(A) is not less than age 14 and not more than age 21;
(B) is a low-income individual; and
(C) an individual who is 1 or more of the following:
(i) Deficient in basic literacy skills.
(ii) A school dropout.
(iii) Homeless, a runaway, or a foster child.
(iv) Pregnant or a parent.
(v) An offender.
(vi) An individual who requires additional assistance to
complete an educational program, or to secure and hold
employment.
(50) Youth activity.--The term ``youth activity'' means an
activity described in section 316, carried out for youth.
(51) Youth partnership.--The term ``youth partnership''
means a partnership established under section 308(i).
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Carl D. Perkins Vocational
and Applied Technology Education Act of 1997''.
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) in order to be successful workers, citizens, and
learners in the 21st century, individuals will need--
(A) a combination of strong basic and advanced academic
skills;
(B) computer and other technical skills;
(C) theoretical knowledge;
(D) communications, problem-solving, teamwork, and
employability skills; and
(E) the ability to acquire additional knowledge and skills
throughout a lifetime;
(2) students participating in vocational education can
achieve challenging academic and technical skills, and may
learn better and retain more, when the students learn in
context, learn by doing, and have an opportunity to learn and
understand how academic, vocational, and technological skills
are used outside the classroom;
(3)(A) many high school graduates in the United States do
not complete a rigorous course of study that prepares the
graduates for completing a 2-year or 4-year college degree or
for entering high-skill, high-wage careers;
(B) adult students are an increasingly diverse group and
often enter postsecondary education unprepared for academic
and technical work; and
(C) certain individuals often face great challenges in
acquiring the knowledge and skills needed for successful
employment;
(4) community colleges, technical colleges, and area
vocational education schools are offering adults a gateway to
higher education, and access to quality certificates and
degrees that increase their skills and earnings, by--
(A) ensuring that the academic, vocational, and
technological skills gained by students adequately prepare
the students for the workforce; and
(B) enhancing connections with employers and 4-year
institutions of higher education;
(5) local, State, and national programs supported under the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.) (as such Act was in effect on
the day before the date of enactment of this Act) have
assisted many students in obtaining technical, academic, and
employability skills, and tech-prep education;
(6) the Federal Government can assist States and localities
by carrying out nationally significant research, program
development, demonstration, dissemination, evaluation, data
collection, professional development, and technical
assistance activities that support State and local efforts
regarding vocational education; and
(7) through a performance partnership with States and
localities based on clear programmatic goals, increased State
and local flexibility, improved accountability, and
performance measures, the Federal Government will provide to
States and localities financial assistance for the
improvement and expansion of vocational education for
students participating in vocational education.
(b) Purpose.--The purpose of this title is to make the
United States more competitive in the
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world economy by developing more fully the academic,
vocational, and employability skills of secondary students
and postsecondary students who elect to enroll in vocational
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 technological
instruction, and that link secondary and postsecondary
education for participating vocational education students;
(3) increasing State and local flexibility in providing
services and activities designed to develop, implement, and
improve vocational education, including tech-prep education;
and
(4) disseminating national research, and providing
professional development and technical assistance, that will
improve vocational education programs, services, and
activities.
SEC. 103. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this title shall be used--
(1) to require any secondary school student to choose or
pursue a specific career path or major; and
(2) to mandate that any individual participate in a
vocational education program under this title.
Subtitle A--Vocational Education
CHAPTER 1--FEDERAL PROVISIONS
SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
(a) Reservations and State Allotment.--
(1) Reservations.--From the sum appropriated under section
171 for each fiscal year, the Secretary shall reserve--
(A) 0.2 percent to carry out section 113;
(B) 1.75 percent to carry out sections 114 and 115, of
which--
(i) 1.25 percent of the sum shall be available to carry out
section 114(b);
(ii) 0.25 percent of the sum shall be available to carry
out section 114(c); and
(iii) 0.25 percent of the sum shall be available to carry
out section 115; and
(C) 1.3 percent of the sum shall be used to carry out
sections 116, 163, 164, 165, and 166, of which not less than
0.65 percent of the sum shall be available to carry out
section 116.
(2) State allotment formula.--Subject to paragraphs (3) and
(4), from the remainder of the sums appropriated under
section 171 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 171 and not reserved under
paragraph (1) for such fiscal year. Amounts necessary for
increasing such payments to States to comply with the
preceding sentence shall be obtained by ratably reducing the
amounts to be paid to other States.
(B) Requirement.--Due to the application of subparagraph
(A), for any fiscal year, no State shall receive 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 this Act).
(C) Special rule.--
(i) In general.--Subject to paragraph (4), no State, by
reason 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 this Act);
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 this Act).
(4) Hold harmless.--
(A) In general.--No State shall receive an allotment under
this section for a fiscal year that is less than the
allotment the State received under part A of title I of the
Carl D. Perkins 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 this Act) for fiscal
year 1997.
(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), 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 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.
SEC. 112. PERFORMANCE MEASURES AND EXPECTED LEVELS OF
PERFORMANCE.
(a) Establishment of Performance Measures.--After
consultation with eligible agencies, local educational
agencies, eligible institutions, and other interested parties
(including representatives of business and representatives of
labor organizations), the Secretary shall establish and
publish performance measures described in this subsection to
assess the progress of each eligible agency in achieving the
following:
(1) Student mastery of academic skills.
(2) Student mastery of job readiness skills.
(3) Student mastery of vocational skill proficiencies for
students in vocational education programs, that are necessary
for the receipt of a secondary school diploma or its
recognized equivalent, or a secondary school skill
certificate.
(4) Receipt of a postsecondary degree or certificate.
(5) Placement in, retention in, and completion of,
secondary school education (as determined under State law)
and postsecondary education, and placement and retention
in employment and in military service, including for the
populations described in section 124(c)(16).
(6) Participation in and completion of nontraditional
vocational education programs.
(7) Other performance measures as determined by the
Secretary.
(b) Expected Levels of Performance.--In developing a State
plan, each eligible agency shall negotiate with the Secretary
the expected levels of performance for the performance
measures described in subsection (a).
SEC. 113. ASSISTANCE FOR THE OUTLYING AREAS.
(a) In General.--From the funds reserved under section
111(a)(1)(A), the Secretary--
(1) shall award a grant in the amount of $500,000 to Guam
for vocational education and training for the purpose of
providing direct educational services related to vocational
education, including--
(A) teacher and counselor training and retraining;
(B) curriculum development; and
(C) improving vocational education programs in secondary
schools and institutions of higher education, or improving
cooperative education programs involving both secondary
schools and institutions of higher education;
(2) shall award a grant in the amount of $600,000 to the
United States Virgin Islands for vocational education for the
purpose described in paragraph (1); and
(3) shall award a grant in the amount of $190,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands for vocational education for the purpose
described in paragraph (1).
(b) Special Rule.--
(1) In general.--From funds reserved under section
111(a)(1)(A) and not awarded under subsection (a), the
Secretary shall make available
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the amount awarded to the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
under section 101A 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 this Act)
to award grants under the succeeding sentence. From the
amount made available under the preceding sentence, the
Secretary shall award grants, to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau for the purpose described in subsection
(a)(1).
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility.--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, 2004.
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
SEC. 114. INDIAN AND HAWAIIAN NATIVE PROGRAMS.
(a) Definitions; Authority of Secretary.--
(1) Definitions.--For the purpose of this section--
(A) the term ``Act of April 16, 1934'' means the Act
entitled ``An Act authorizing the Secretary of the Interior
to arrange with States or territories for the education,
medical attention, relief of distress, and social welfare of
Indians, and for other purposes'', enacted April 16, 1934 (48
Stat. 596; 25 U.S.C. 452 et seq.);
(B) the term ``Bureau funded school'' has the meaning given
the term in section 1146 of the Education Amendments of 1978
(25 U.S.C. 2026); and
(C) the term ``Hawaiian native'' means any individual any
of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
(2) Authority.--From the funds reserved pursuant to section
111(a)(1)(B), the Secretary shall award grants and enter into
contracts for Indian and Hawaiian native programs in
accordance with this section, except that such programs shall
not include secondary school programs in Bureau funded
schools.
(b) Indian Programs.--
(1) Authority.--
(A) In general.--Except as provided in subparagraph (B),
from the funds reserved pursuant to section 111(a)(1)(B)(i),
the Secretary is directed--
(i) upon the request of any Indian tribe, or a tribal
organization serving an Indian tribe, which is eligible to
contract with the Secretary of the Interior for the
administration of programs under the Indian Self-
Determination Act (25 U.S.C. 450 et seq.) or under the Act of
April 16, 1934; or
(ii) upon an application received from a Bureau funded
school offering postsecondary or adult education programs
filed at such time and under such conditions as the Secretary
may prescribe,
to make grants to or enter into contracts with any Indian
tribe or tribal organization, or to make a grant to such
Bureau funded school, as appropriate, to plan, conduct, and
administer programs or portions of programs authorized by,
and consistent with the purpose of, this title.
(B) Requirements.--The grants or contracts described in
subparagraph (A), shall be subject to the following:
(i) Tribal organizations.--Such grants or contracts with
any 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.
(ii) Bureau funded schools.--Such grants to Bureau funded
schools shall not be subject to the requirements of the
Indian Self-Determination Act (25 U.S.C. 450f et seq.) or the
Act of April 16, 1934.
(C) Application.--Any Indian tribe, tribal organization, or
Bureau funded school eligible to receive assistance under
this paragraph may apply individually or as part of a
consortium with another such Indian tribe, tribal
organization, or Bureau funded school.
(D) Performance measures and evaluation.--Any Indian tribe,
tribal organization, or Bureau funded school that receives
assistance under this section shall--
(i) establish performance measures and expected level of
performance to be achieved by students served under this
section; and
(ii) evaluate the quality and effectiveness of activities
and services provided under this subsection.
(E) Minimum.--In the case of a Bureau funded school, the
minimum amount of a grant awarded or contract entered into
under this section shall be $35,000.
(F) Restrictions.--The Secretary may not place upon grants
awarded or contracts entered into under this paragraph 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 education programs, and
shall give special consideration to--
(i) grants or contracts which involve, coordinate with, or
encourage tribal economic development plans; and
(ii) applications from tribally controlled community
colleges that--
(I) are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an
institution of postsecondary vocational education; or
(II) operate vocational education programs that are
accredited or are candidates for accreditation by a
nationally recognized accreditation organization, and issue
certificates for completion of vocational education programs.
(G) Stipends.--
(i) In general.--Funds received pursuant to grants or
contracts described in subparagraph (A) may be used to
provide stipends to students who are enrolled in vocational
education programs and who have acute economic needs which
cannot be met through work-study programs.
(ii) Amount.--Stipends described in clause (i) shall not
exceed reasonable amounts as prescribed by the Secretary.
(2) Matching.--If sufficient funding is 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 no less than the amount
expended during the prior fiscal year on vocational education
programs, services, and 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.
(3) Special rule.--Programs funded under this subsection
shall be in addition to such other programs, services, and
activities as are made available to eligible Indians under
other provisions of this Act.
(c) Hawaiian Native Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary is
directed, to award grants or enter into contracts with
organizations primarily serving and representing Hawaiian
natives 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
purpose of this title, for the benefit of Hawaiian natives.
SEC. 115. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
INSTITUTIONS.
(a) In General.--It is the purpose of this section to
provide grants for the operation and improvement of tribally
controlled postsecondary vocational institutions to ensure
continued and expanded educational opportunities for Indian
students, and to allow for the improvement and expansion of
the physical resources of such institutions.
(b) Grants Authorized.--From the funds reserved pursuant to
section 111(a)(1)(B)(iii), the Secretary shall make grants to
tribally controlled postsecondary vocational institutions to
provide basic support for the vocational education and
training of Indian students.
(c) Eligible Grant Recipients.--To be eligible for
assistance under this section a tribally controlled
postsecondary vocational institution shall--
(1) be governed by a board of directors or trustees, a
majority of whom are Indians;
(2) demonstrate adherence to stated goals, a philosophy, or
a plan of operation which 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;
(3) have been in operation for at least 3 years;
(4) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational education; and
(5) enroll the full-time equivalency of not less than 100
students, of whom a majority are Indians.
(d) Grant Requirements.--
(1) Applications.--Any tribally controlled postsecondary
vocational institution that desires to receive a grant under
this section shall submit an application to the Secretary.
Such application shall include a description of recordkeeping
procedures for the expenditure of funds received under this
section that will allow the Secretary to audit and monitor
programs.
(2) Number.--The Secretary shall award not less than 2
grants under this section for each fiscal year.
(3) Consultation.--In awarding grants under this section,
the Secretary shall, to the extent practicable, consult with
the boards of trustees of, and the tribal governments
chartering, the institutions desiring the grants.
(4) Limitation.--Amounts made available through grants
under this section shall not be used in connection with
religious worship or sectarian instruction.
(e) Uses of Grants.--
(1) In general.--The Secretary shall, subject to the
availability of appropriations, provide for each program year
to each tribally controlled vocational 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
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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) Effect on 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
institution from receiving Federal financial assistance under
any program authorized under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) or any other applicable program for
the benefit of institutions of higher education or vocational
education.
(2) Prohibition on alteration of grant amount.--The amount
of any grant for which tribally controlled postsecondary
vocational 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 institution for which an Indian
tribe has designated a portion of the funds appropriated for
the tribe from funds appropriated under such Act of November
2, 1921, may be denied a contract for such portion under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b et seq.) (except as 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 goals and requirements of the Personal
Responsibili
Major Actions:
All articles in Senate section
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
(Senate - May 01, 1998)
Text of this article available as:
TXT
PDF
[Pages
S3963-S4021]
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
The PRESIDING OFFICER (Mr. Allard). The Chair lays before the Senate
S. 1186.
The assistant legislative clerk read as follows:
A bill (
S. 1186) to provide for education and training and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Labor and Human Resources, with an amendment to
strike all after the enacting clause and inserting in lieu thereof the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Investment Partnership Act of 1997''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Voluntary selection and participation.
Subtitle A--Vocational Education
Chapter 1--Federal Provisions
Sec. 111. Reservations and State allotment.
Sec. 112. Performance measures and expected levels of performance.
Sec. 113. Assistance for the outlying areas.
Sec. 114. Indian and Hawaiian Native programs.
Sec. 115. Tribally controlled postsecondary vocational institutions.
Sec. 116. Incentive grants.
Chapter 2--State Provisions
Sec. 121. State administration.
Sec. 122. State use of funds.
Sec. 123. State leadership activities.
Sec. 124. State plan.
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Chapter 3--Local Provisions
Sec. 131. Distribution for secondary school vocational education.
Sec. 132. Distribution for postsecondary vocational education.
Sec. 133. Local activities.
Sec. 134. Local application.
Subtitle B--Tech-Prep Education
Sec. 151. Short title.
Sec. 152. Purposes.
Sec. 153. Definitions.
Sec. 154. Program authorized.
Sec. 155. Tech-prep education programs.
Sec. 156. Applications.
Sec. 157. Authorization of appropriations.
Subtitle C--General Provisions
Sec. 161. Administrative provisions.
Sec. 162. Evaluation, improvement, and accountability.
Sec. 163. National activities.
Sec. 164. National assessment of vocational education programs.
Sec. 165. National research center.
Sec. 166. Data systems.
Subtitle D--Authorization of Appropriations
Sec. 171. Authorization of appropriations.
Subtitle E--Repeal
Sec. 181. Repeal.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Findings and purpose.
Subtitle A--Adult Education and Literacy Programs
Chapter 1--Federal Provisions
Sec. 211. Reservation; grants to States; allotments.
Sec. 212. Performance measures and expected levels of performance.
Sec. 213. National leadership activities.
Chapter 2--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; State share.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other
institutionalized individuals.
Chapter 3--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Chapter 4--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. Priorities and preferences.
Sec. 243. Incentive grants.
Sec. 244. Evaluation, improvement, and accountability.
Sec. 245. National Institute for Literacy.
Sec. 246. Authorization of appropriations.
Subtitle B--Repeal
Sec. 251. Repeal.
TITLE III--WORKFORCE INVESTMENT AND RELATED ACTIVITIES
Subtitle A--Workforce Investment Activities
Chapter 1--Allotments To States for Adult Employment and Training
Activities, Dislocated Worker Employment and Training Activities, and
Youth Activities
Sec. 301. General authorization.
Sec. 302. State allotments.
Sec. 303. Statewide partnership.
Sec. 304. State plan.
Chapter 2--Allocations To Local Workforce Investment Areas
Sec. 306. Within State allocations.
Sec. 307. Local workforce investment areas.
Sec. 308. Local workforce investment partnerships and youth
partnerships.
Sec. 309. Local plan.
Chapter 3--Workforce Investment Activities and Providers
Sec. 311. Identification and oversight of one-stop partners and one-
stop customer service center operators.
Sec. 312. Determination and identification of eligible providers of
training services by program.
Sec. 313. Identification of eligible providers of youth activities.
Sec. 314. Statewide workforce investment activities.
Sec. 315. Local employment and training activities.
Sec. 316. Local youth activities.
Chapter 4--General Provisions
Sec. 321. Accountability.
Sec. 322. Authorization of appropriations.
Subtitle B--Job Corps
Sec. 331. Purposes.
Sec. 332. Definitions.
Sec. 333. Establishment.
Sec. 334. Individuals eligible for the Job Corps.
Sec. 335. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 336. Enrollment.
Sec. 337. Job Corps centers.
Sec. 338. Program activities.
Sec. 339. Counseling and job placement.
Sec. 340. Support.
Sec. 341. Operating plan.
Sec. 342. Standards of conduct.
Sec. 343. Community participation.
Sec. 344. Industry councils.
Sec. 345. Advisory committees.
Sec. 346. Experimental, research, and demonstration projects.
Sec. 347. Application of provisions of Federal law.
Sec. 348. Special provisions.
Sec. 349. Management information.
Sec. 350. General provisions.
Sec. 351. Authorization of appropriations.
Subtitle C--National Programs
Sec. 361. Native American programs.
Sec. 362. Migrant and seasonal farmworker programs.
Sec. 363. Veterans' workforce investment programs.
Sec. 364. Youth opportunity grants.
Sec. 365. Incentive grants.
Sec. 366. Technical assistance.
Sec. 367. Demonstration, pilot, multiservice, research, and multistate
projects.
Sec. 368. Evaluations.
Sec. 369. National emergency grants.
Sec. 370. Authorization of appropriations.
Subtitle D--Administration
Sec. 371. Requirements and restrictions.
Sec. 372. Prompt allocation of funds.
Sec. 373. Monitoring.
Sec. 374. Fiscal controls; sanctions.
Sec. 375. Reports; recordkeeping; investigations.
Sec. 376. Administrative adjudication.
Sec. 377. Judicial review.
Sec. 378. Nondiscrimination.
Sec. 379. Administrative provisions.
Sec. 380. State legislative authority.
Subtitle E--Repeals and Conforming Amendments
Sec. 391. Repeals.
Sec. 392. Conforming amendments.
Sec. 393. Effective dates.
TITLE IV--WORKFORCE INVESTMENT-RELATED ACTIVITIES
Subtitle A--Wagner-Peyser Act
Sec. 401. Definitions.
Sec. 402. Functions.
Sec. 403. Designation of State agencies.
Sec. 404. Appropriations.
Sec. 405. Disposition of allotted funds.
Sec. 406. State plans.
Sec. 407. Repeal of Federal Advisory Council.
Sec. 408. Regulations.
Sec. 409. Labor market information.
Sec. 410. Technical amendments.
Subtitle B--Linkages With Other Programs
Sec. 421. Trade Act of 1974.
Sec. 422. National Apprenticeship Act.
Sec. 423. Veterans' employment programs.
Sec. 424. Older Americans Act of 1965.
TITLE V--GENERAL PROVISIONS
Sec. 501. State unified plans.
Sec. 502. Transition provisions.
Sec. 503. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adult.--In paragraph (14) and title III, the term
``adult'' means an individual who is age 22 or older.
(2) Adult education.--The term ``adult education'' means
services or instruction below the postsecondary level for
individuals--
(A) who have attained 16 years of age or who are beyond the
age of compulsory school attendance under State law;
(B) who are not enrolled in secondary school; and
(C) who--
(i) lack sufficient mastery of basic educational skills to
enable the individuals to function effectively in society;
(ii) do not possess a secondary school diploma or its
recognized equivalent; or
(iii) are unable to speak, read, or write the English
language.
(3) Area vocational education school.--The term ``area
vocational education school'' means--
(A) a specialized public secondary school used exclusively
or principally for the provision of vocational education for
individuals who seek to study and prepare for entering the
labor market;
(B) the department of a public secondary school exclusively
or principally used for providing vocational 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 technical institute or vocational school used
exclusively or principally for the provision of vocational
education to individuals who have completed or left public
secondary school and who seek to study and prepare for
entering the labor market, if the institute or school admits
as regular students both individuals who have completed
public secondary school and individuals who have left public
secondary school; or
(D) the department or division of a junior college,
community college, or university operating under the policies
of the eligible agency and that provides vocational education
in not fewer than 5 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 public
secondary school and individuals who have left public
secondary school.
(4) Chief elected official.--The term ``chief elected
official'' means the chief elected executive officer of a
unit of general local government in a local area.
(5) Disadvantaged adult.--In title III, and except as
provided in section 302, the term ``disadvantaged adult''
means an adult who is a low-income individual.
(6) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has received
a notice of termination or layoff, from employment;
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop customer
service center, attachment to the workforce, but is not
eligible for unemployment compensation due to insufficient
earnings or having performed services for an
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employer that were not covered under a State unemployment
compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result
of any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services under
title III other than training services described in section
315(c)(3), intensive services, or supportive services, is
employed at a facility at which the employer has made a
general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a
rancher, or a fisherman) but is unemployed as a result of
general economic conditions in the community in which the
individual resides or because of natural disasters; or
(D) is a displaced homemaker.
(7) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another family
member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(8) Economic development agencies.--The term ``economic
development agencies'' includes local planning and zoning
commissions or boards, community development agencies, and
other local agencies and institutions responsible for
regulating, promoting, or assisting in local economic
development.
(9) Educational service agency.--The term ``educational
service agency'' means a regional public multiservice agency
authorized by State statute to develop and manage a service
or program, and provide the service or program to a local
educational agency.
(10) Elementary school; local educational agency.--The
terms ``elementary school'' and ``local educational agency''
have the meanings given the terms in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(11) Eligible agency.--The term ``eligible agency'' means--
(A) in the case of vocational education activities or
requirements described in title I--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for vocational education in the State or outlying area,
respectively, pursuant to the law of the State or outlying
area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for vocational education in
the State or outlying area, respectively, on the date of
enactment of the Workforce Investment Partnership Act of
1997; and
(B) in the case of adult education and literacy activities
or requirements described in title II--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for adult education and literacy in the State or outlying
area, respectively, pursuant to the law of the State or
outlying area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for adult education and
literacy in the State or outlying area, respectively, on the
date of enactment of the Workforce Investment Partnership Act
of 1997.
(12) Eligible institution.--In title I, 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 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.); and
(E) a consortium of 2 or more of the entities described in
subparagraphs (A) through (D).
(13) Eligible provider.--The term ``eligible provider''--
(A) in title II, means--
(i) a local educational agency;
(ii) a community-based organization;
(iii) an institution of higher education;
(iv) a public or private nonprofit agency;
(v) a consortium of such agencies, organizations, or
institutions; or
(vi) a library; and
(B) in title III, used with respect to--
(i) training services (other than on-the-job training),
means a provider who is identified in accordance with section
312;
(ii) youth activities, means a provider who is awarded a
grant in accordance with section 313; or
(iii) other workforce investment activities, means a public
or private entity selected to be responsible for such
activities, in accordance with subtitle A of title III, such
as a one-stop customer service center operator designated or
certified under section 311.
(14) Employment and training activity.--The term
``employment and training activity'' means an activity
described in section 314(b)(1) or subsection (c)(1) or (d) of
section 315, carried out for an adult or dislocated worker.
(15) English literacy program.--The term ``English literacy
program'' means a program of instruction designed to help
individuals of limited English proficiency achieve competence
in the English language.
(16) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(17) 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.
(18) Individual of limited english proficiency.--The term
``individual of limited English proficiency'' means an adult
or 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 where a
language other than English is the dominant language.
(19) Institution of higher education.--Except for purposes
of subtitle B of title I, the term ``institution of higher
education'' has the meaning given the term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(20) Literacy.--
(A) In general.--The term ``literacy'' means an
individual's ability to read, write, and speak in English,
compute, and solve problems, at levels of proficiency
necessary to function on the job and in society.
(B) Workplace literacy program.--The term ``workplace
literacy program'' means a program of literacy activities
that is offered in the workplace for the purpose of improving
the productivity of the workforce through the improvement of
literacy skills.
(21) Local area.--In paragraph (4) and title III, the term
``local area'' means a local workforce investment area
designated under section 307.
(22) Local partnership.--In title III, the term ``local
partnership'' means a local workforce investment partnership
established under section 308(a).
(23) Local performance measure.--The term ``local
performance measure'' means a performance measure established
under section 321(b).
(24) Low-income individual.--In paragraph (49) and title
III, the term ``low-income individual'' means an individual
who--
(A) receives, or is a member of a family that receives,
cash payments under a Federal, State, or local income-based
public assistance program;
(B) received an income, or is a member of a family that
received a total family income, for the 6-month period prior
to application for the program involved (exclusive of
unemployment compensation, child support payments, payments
described in subparagraph (A), and old-age and survivors
insurance benefits received under section 202 of the Social
Security Act (42 U.S.C. 402)) that, in relation to family
size, does not exceed the higher of--
(i) the poverty line, for an equivalent period; or
(ii) 70 percent of the lower living standard income level,
for an equivalent period;
(C) is a member of a household that receives (or has been
determined within the 6-month period prior to application for
the program involved to be eligible to receive) food stamps
pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.);
(D) qualifies as a homeless individual, as defined in
subsections (a) and (c) of section 103 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11302);
(E) is a foster child on behalf of whom State or local
government payments are made; or
(F) in cases permitted by regulations of the Secretary of
Labor, is an individual with a disability whose own income
meets the requirements of a program described in subparagraph
(A) or of subparagraph (B), but who is a member of a family
whose income does not meet such requirements.
(25) Lower living standard income level.--The term ``lower
living standard income level'' means that income level
(adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living
family budget issued by the Secretary of Labor.
(26) Nontraditional employment.--In titles I and III, the
term ``nontraditional employment'' refers to occupations or
fields of work for which individuals from one gender comprise
less than 25 percent of the individuals employed in each such
occupation or field of work.
(27) On-the-job training.--The term ``on-the-job training''
means training in the public or private sector that is
provided to a paid participant while engaged in productive
work in a job that--
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) provides reimbursement to employers of up to 50 percent
of the wage rate of the participant, for the extraordinary
costs of providing the training and additional supervision
related to the training; and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained.
(28) Out-of-school youth.--The term ``out-of-school youth''
means--
(A) a youth who is a school dropout; or
(B) a youth who has received a secondary school diploma or
its equivalent but is basic literacy skills deficient,
unemployed, or underemployed.
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(29) 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.
(30) Participant.--The term ``participant'', used with
respect to an activity carried out under title III, means an
individual participating in the activity.
(31) 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 community college; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
(32) Poverty line.--The term ``poverty line'' means 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.
(33) Public assistance.--In title III, the term ``public
assistance'' means Federal, State, or local government cash
payments for which eligibility is determined by a needs or
income test.
(34) Rapid response activity.--In title III, the term
``rapid response activity'' means an activity provided by a
State, or by an entity designated by a State, with funds
provided by the State under section 306(a)(2), in the case of
a permanent closure or mass layoff at a plant, facility, or
enterprise, or a natural or other disaster, that results in
mass job dislocation, in order to assist dislocated workers
in obtaining reemployment as soon as possible, with services
including--
(A) the establishment of onsite contact with employers and
employee representatives--
(i) immediately after the State is notified of a current or
projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the State
is made aware of mass job dislocation as a result of such
disaster;
(B) the provision of information and access to available
employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
(35) 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.
(36) 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), except
that the term does not include education below grade 9.
(37) Secretary.--
(A) Titles i and ii.--In titles I and II, the term
``Secretary'' means the Secretary of Education.
(B) Title iii.--In title III, the term ``Secretary'' means
the Secretary of Labor.
(38) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(39) State educational agency.--The term ``State
educational agency'' means the State board of education or
other agency or officer primarily responsible for the State
supervision of public elementary or secondary schools, or, if
there is no such agency or officer, an agency or officer
designated by the Governor or by State law.
(40) State performance measure.--In title III, the term
``State performance measure'' means a performance measure
established under section 321(a).
(41) Statewide partnership.--The term ``statewide
partnership'' means a partnership established under section
303.
(42) Supportive services.--In title III, the term
``supportive services'' means services such as
transportation, child care, dependent care, housing, and
needs-based payments, that are necessary to enable an
individual to participate in employment and training
activities or youth activities.
(43) Tribally controlled community college.--The term
``tribally controlled community college'' means an
institution that receives assistance under the Tribally
Controlled Community College Assistance Act of 1978 (25
U.S.C. 1801 et seq.) or the Navajo Community College Act (25
U.S.C. 640a et seq.).
(44) Unit of general local government.--In title III, the
term ``unit of general local government'' means any general
purpose political subdivision of a State that has the power
to levy taxes and spend funds, as well as general corporate
and police powers.
(45) Veteran; related definitions.--
(A) Veteran.--The term ``veteran'' means an individual who
served in the active military, naval, or air service, and who
was discharged or released from such service under conditions
other than dishonorable.
(B) Disabled veteran.--The term ``disabled veteran''
means--
(i) a veteran who is entitled to compensation under laws
administered by the Secretary of Veterans Affairs; or
(ii) an individual who was discharged or released from
active duty because of service-connected disability.
(C) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under title III within 48 months of the
discharge or release from active military, naval, or air
service.
(D) Vietnam era veteran.--The term ``Vietnam era veteran''
means a veteran any part of whose active military, naval, or
air service occurred between August 5, 1964, and May 7, 1975.
(46) Vocational education.--The term ``vocational
education'' means organized education that--
(A) offers a sequence of courses that provides individuals
with the academic knowledge and skills the individuals need
to prepare for further education and for careers in current
or emerging employment sectors; and
(B) includes competency-based applied learning that
contributes to the academic knowledge, higher-order reasoning
and problem-solving skills, work attitudes, general
employability skills, and occupation-specific skills, of an
individual.
(47) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
assisted under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
(48) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training
activity, a youth activity, and an activity described in
section 314.
(49) Youth.--In paragraph (50) and title III (other than
subtitles B and C of such title), the term ``youth'' means an
individual who--
(A) is not less than age 14 and not more than age 21;
(B) is a low-income individual; and
(C) an individual who is 1 or more of the following:
(i) Deficient in basic literacy skills.
(ii) A school dropout.
(iii) Homeless, a runaway, or a foster child.
(iv) Pregnant or a parent.
(v) An offender.
(vi) An individual who requires additional assistance to
complete an educational program, or to secure and hold
employment.
(50) Youth activity.--The term ``youth activity'' means an
activity described in section 316, carried out for youth.
(51) Youth partnership.--The term ``youth partnership''
means a partnership established under section 308(i).
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Carl D. Perkins Vocational
and Applied Technology Education Act of 1997''.
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) in order to be successful workers, citizens, and
learners in the 21st century, individuals will need--
(A) a combination of strong basic and advanced academic
skills;
(B) computer and other technical skills;
(C) theoretical knowledge;
(D) communications, problem-solving, teamwork, and
employability skills; and
(E) the ability to acquire additional knowledge and skills
throughout a lifetime;
(2) students participating in vocational education can
achieve challenging academic and technical skills, and may
learn better and retain more, when the students learn in
context, learn by doing, and have an opportunity to learn and
understand how academic, vocational, and technological skills
are used outside the classroom;
(3)(A) many high school graduates in the United States do
not complete a rigorous course of study that prepares the
graduates for completing a 2-year or 4-year college degree or
for entering high-skill, high-wage careers;
(B) adult students are an increasingly diverse group and
often enter postsecondary education unprepared for academic
and technical work; and
(C) certain individuals often face great challenges in
acquiring the knowledge and skills needed for successful
employment;
(4) community colleges, technical colleges, and area
vocational education schools are offering adults a gateway to
higher education, and access to quality certificates and
degrees that increase their skills and earnings, by--
(A) ensuring that the academic, vocational, and
technological skills gained by students adequately prepare
the students for the workforce; and
(B) enhancing connections with employers and 4-year
institutions of higher education;
(5) local, State, and national programs supported under the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.) (as such Act was in effect on
the day before the date of enactment of this Act) have
assisted many students in obtaining technical, academic, and
employability skills, and tech-prep education;
(6) the Federal Government can assist States and localities
by carrying out nationally significant research, program
development, demonstration, dissemination, evaluation, data
collection, professional development, and technical
assistance activities that support State and local efforts
regarding vocational education; and
(7) through a performance partnership with States and
localities based on clear programmatic goals, increased State
and local flexibility, improved accountability, and
performance measures, the Federal Government will provide to
States and localities financial assistance for the
improvement and expansion of vocational education for
students participating in vocational education.
(b) Purpose.--The purpose of this title is to make the
United States more competitive in the
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world economy by developing more fully the academic,
vocational, and employability skills of secondary students
and postsecondary students who elect to enroll in vocational
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 technological
instruction, and that link secondary and postsecondary
education for participating vocational education students;
(3) increasing State and local flexibility in providing
services and activities designed to develop, implement, and
improve vocational education, including tech-prep education;
and
(4) disseminating national research, and providing
professional development and technical assistance, that will
improve vocational education programs, services, and
activities.
SEC. 103. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this title shall be used--
(1) to require any secondary school student to choose or
pursue a specific career path or major; and
(2) to mandate that any individual participate in a
vocational education program under this title.
Subtitle A--Vocational Education
CHAPTER 1--FEDERAL PROVISIONS
SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
(a) Reservations and State Allotment.--
(1) Reservations.--From the sum appropriated under section
171 for each fiscal year, the Secretary shall reserve--
(A) 0.2 percent to carry out section 113;
(B) 1.75 percent to carry out sections 114 and 115, of
which--
(i) 1.25 percent of the sum shall be available to carry out
section 114(b);
(ii) 0.25 percent of the sum shall be available to carry
out section 114(c); and
(iii) 0.25 percent of the sum shall be available to carry
out section 115; and
(C) 1.3 percent of the sum shall be used to carry out
sections 116, 163, 164, 165, and 166, of which not less than
0.65 percent of the sum shall be available to carry out
section 116.
(2) State allotment formula.--Subject to paragraphs (3) and
(4), from the remainder of the sums appropriated under
section 171 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 171 and not reserved under
paragraph (1) for such fiscal year. Amounts necessary for
increasing such payments to States to comply with the
preceding sentence shall be obtained by ratably reducing the
amounts to be paid to other States.
(B) Requirement.--Due to the application of subparagraph
(A), for any fiscal year, no State shall receive 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 this Act).
(C) Special rule.--
(i) In general.--Subject to paragraph (4), no State, by
reason 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 this Act);
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 this Act).
(4) Hold harmless.--
(A) In general.--No State shall receive an allotment under
this section for a fiscal year that is less than the
allotment the State received under part A of title I of the
Carl D. Perkins 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 this Act) for fiscal
year 1997.
(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), 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 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.
SEC. 112. PERFORMANCE MEASURES AND EXPECTED LEVELS OF
PERFORMANCE.
(a) Establishment of Performance Measures.--After
consultation with eligible agencies, local educational
agencies, eligible institutions, and other interested parties
(including representatives of business and representatives of
labor organizations), the Secretary shall establish and
publish performance measures described in this subsection to
assess the progress of each eligible agency in achieving the
following:
(1) Student mastery of academic skills.
(2) Student mastery of job readiness skills.
(3) Student mastery of vocational skill proficiencies for
students in vocational education programs, that are necessary
for the receipt of a secondary school diploma or its
recognized equivalent, or a secondary school skill
certificate.
(4) Receipt of a postsecondary degree or certificate.
(5) Placement in, retention in, and completion of,
secondary school education (as determined under State law)
and postsecondary education, and placement and retention
in employment and in military service, including for the
populations described in section 124(c)(16).
(6) Participation in and completion of nontraditional
vocational education programs.
(7) Other performance measures as determined by the
Secretary.
(b) Expected Levels of Performance.--In developing a State
plan, each eligible agency shall negotiate with the Secretary
the expected levels of performance for the performance
measures described in subsection (a).
SEC. 113. ASSISTANCE FOR THE OUTLYING AREAS.
(a) In General.--From the funds reserved under section
111(a)(1)(A), the Secretary--
(1) shall award a grant in the amount of $500,000 to Guam
for vocational education and training for the purpose of
providing direct educational services related to vocational
education, including--
(A) teacher and counselor training and retraining;
(B) curriculum development; and
(C) improving vocational education programs in secondary
schools and institutions of higher education, or improving
cooperative education programs involving both secondary
schools and institutions of higher education;
(2) shall award a grant in the amount of $600,000 to the
United States Virgin Islands for vocational education for the
purpose described in paragraph (1); and
(3) shall award a grant in the amount of $190,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands for vocational education for the purpose
described in paragraph (1).
(b) Special Rule.--
(1) In general.--From funds reserved under section
111(a)(1)(A) and not awarded under subsection (a), the
Secretary shall make available
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the amount awarded to the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
under section 101A 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 this Act)
to award grants under the succeeding sentence. From the
amount made available under the preceding sentence, the
Secretary shall award grants, to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau for the purpose described in subsection
(a)(1).
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility.--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, 2004.
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
SEC. 114. INDIAN AND HAWAIIAN NATIVE PROGRAMS.
(a) Definitions; Authority of Secretary.--
(1) Definitions.--For the purpose of this section--
(A) the term ``Act of April 16, 1934'' means the Act
entitled ``An Act authorizing the Secretary of the Interior
to arrange with States or territories for the education,
medical attention, relief of distress, and social welfare of
Indians, and for other purposes'', enacted April 16, 1934 (48
Stat. 596; 25 U.S.C. 452 et seq.);
(B) the term ``Bureau funded school'' has the meaning given
the term in section 1146 of the Education Amendments of 1978
(25 U.S.C. 2026); and
(C) the term ``Hawaiian native'' means any individual any
of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
(2) Authority.--From the funds reserved pursuant to section
111(a)(1)(B), the Secretary shall award grants and enter into
contracts for Indian and Hawaiian native programs in
accordance with this section, except that such programs shall
not include secondary school programs in Bureau funded
schools.
(b) Indian Programs.--
(1) Authority.--
(A) In general.--Except as provided in subparagraph (B),
from the funds reserved pursuant to section 111(a)(1)(B)(i),
the Secretary is directed--
(i) upon the request of any Indian tribe, or a tribal
organization serving an Indian tribe, which is eligible to
contract with the Secretary of the Interior for the
administration of programs under the Indian Self-
Determination Act (25 U.S.C. 450 et seq.) or under the Act of
April 16, 1934; or
(ii) upon an application received from a Bureau funded
school offering postsecondary or adult education programs
filed at such time and under such conditions as the Secretary
may prescribe,
to make grants to or enter into contracts with any Indian
tribe or tribal organization, or to make a grant to such
Bureau funded school, as appropriate, to plan, conduct, and
administer programs or portions of programs authorized by,
and consistent with the purpose of, this title.
(B) Requirements.--The grants or contracts described in
subparagraph (A), shall be subject to the following:
(i) Tribal organizations.--Such grants or contracts with
any 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.
(ii) Bureau funded schools.--Such grants to Bureau funded
schools shall not be subject to the requirements of the
Indian Self-Determination Act (25 U.S.C. 450f et seq.) or the
Act of April 16, 1934.
(C) Application.--Any Indian tribe, tribal organization, or
Bureau funded school eligible to receive assistance under
this paragraph may apply individually or as part of a
consortium with another such Indian tribe, tribal
organization, or Bureau funded school.
(D) Performance measures and evaluation.--Any Indian tribe,
tribal organization, or Bureau funded school that receives
assistance under this section shall--
(i) establish performance measures and expected level of
performance to be achieved by students served under this
section; and
(ii) evaluate the quality and effectiveness of activities
and services provided under this subsection.
(E) Minimum.--In the case of a Bureau funded school, the
minimum amount of a grant awarded or contract entered into
under this section shall be $35,000.
(F) Restrictions.--The Secretary may not place upon grants
awarded or contracts entered into under this paragraph 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 education programs, and
shall give special consideration to--
(i) grants or contracts which involve, coordinate with, or
encourage tribal economic development plans; and
(ii) applications from tribally controlled community
colleges that--
(I) are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an
institution of postsecondary vocational education; or
(II) operate vocational education programs that are
accredited or are candidates for accreditation by a
nationally recognized accreditation organization, and issue
certificates for completion of vocational education programs.
(G) Stipends.--
(i) In general.--Funds received pursuant to grants or
contracts described in subparagraph (A) may be used to
provide stipends to students who are enrolled in vocational
education programs and who have acute economic needs which
cannot be met through work-study programs.
(ii) Amount.--Stipends described in clause (i) shall not
exceed reasonable amounts as prescribed by the Secretary.
(2) Matching.--If sufficient funding is 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 no less than the amount
expended during the prior fiscal year on vocational education
programs, services, and 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.
(3) Special rule.--Programs funded under this subsection
shall be in addition to such other programs, services, and
activities as are made available to eligible Indians under
other provisions of this Act.
(c) Hawaiian Native Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary is
directed, to award grants or enter into contracts with
organizations primarily serving and representing Hawaiian
natives 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
purpose of this title, for the benefit of Hawaiian natives.
SEC. 115. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
INSTITUTIONS.
(a) In General.--It is the purpose of this section to
provide grants for the operation and improvement of tribally
controlled postsecondary vocational institutions to ensure
continued and expanded educational opportunities for Indian
students, and to allow for the improvement and expansion of
the physical resources of such institutions.
(b) Grants Authorized.--From the funds reserved pursuant to
section 111(a)(1)(B)(iii), the Secretary shall make grants to
tribally controlled postsecondary vocational institutions to
provide basic support for the vocational education and
training of Indian students.
(c) Eligible Grant Recipients.--To be eligible for
assistance under this section a tribally controlled
postsecondary vocational institution shall--
(1) be governed by a board of directors or trustees, a
majority of whom are Indians;
(2) demonstrate adherence to stated goals, a philosophy, or
a plan of operation which 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;
(3) have been in operation for at least 3 years;
(4) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational education; and
(5) enroll the full-time equivalency of not less than 100
students, of whom a majority are Indians.
(d) Grant Requirements.--
(1) Applications.--Any tribally controlled postsecondary
vocational institution that desires to receive a grant under
this section shall submit an application to the Secretary.
Such application shall include a description of recordkeeping
procedures for the expenditure of funds received under this
section that will allow the Secretary to audit and monitor
programs.
(2) Number.--The Secretary shall award not less than 2
grants under this section for each fiscal year.
(3) Consultation.--In awarding grants under this section,
the Secretary shall, to the extent practicable, consult with
the boards of trustees of, and the tribal governments
chartering, the institutions desiring the grants.
(4) Limitation.--Amounts made available through grants
under this section shall not be used in connection with
religious worship or sectarian instruction.
(e) Uses of Grants.--
(1) In general.--The Secretary shall, subject to the
availability of appropriations, provide for each program year
to each tribally controlled vocational 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
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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) Effect on 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
institution from receiving Federal financial assistance under
any program authorized under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) or any other applicable program for
the benefit of institutions of higher education or vocational
education.
(2) Prohibition on alteration of grant amount.--The amount
of any grant for which tribally controlled postsecondary
vocational 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 institution for which an Indian
tribe has designated a portion of the funds appropriated for
the tribe from funds appropriated under such Act of November
2, 1921, may be denied a contract for such portion under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b et seq.) (except as 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 goals and requirements of the Personal
Re
Amendments:
Cosponsors:
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
Sponsor:
Summary:
All articles in Senate section
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
(Senate - May 01, 1998)
Text of this article available as:
TXT
PDF
[Pages
S3963-S4021]
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
The PRESIDING OFFICER (Mr. Allard). The Chair lays before the Senate
S. 1186.
The assistant legislative clerk read as follows:
A bill (
S. 1186) to provide for education and training and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Labor and Human Resources, with an amendment to
strike all after the enacting clause and inserting in lieu thereof the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Investment Partnership Act of 1997''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Voluntary selection and participation.
Subtitle A--Vocational Education
Chapter 1--Federal Provisions
Sec. 111. Reservations and State allotment.
Sec. 112. Performance measures and expected levels of performance.
Sec. 113. Assistance for the outlying areas.
Sec. 114. Indian and Hawaiian Native programs.
Sec. 115. Tribally controlled postsecondary vocational institutions.
Sec. 116. Incentive grants.
Chapter 2--State Provisions
Sec. 121. State administration.
Sec. 122. State use of funds.
Sec. 123. State leadership activities.
Sec. 124. State plan.
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Chapter 3--Local Provisions
Sec. 131. Distribution for secondary school vocational education.
Sec. 132. Distribution for postsecondary vocational education.
Sec. 133. Local activities.
Sec. 134. Local application.
Subtitle B--Tech-Prep Education
Sec. 151. Short title.
Sec. 152. Purposes.
Sec. 153. Definitions.
Sec. 154. Program authorized.
Sec. 155. Tech-prep education programs.
Sec. 156. Applications.
Sec. 157. Authorization of appropriations.
Subtitle C--General Provisions
Sec. 161. Administrative provisions.
Sec. 162. Evaluation, improvement, and accountability.
Sec. 163. National activities.
Sec. 164. National assessment of vocational education programs.
Sec. 165. National research center.
Sec. 166. Data systems.
Subtitle D--Authorization of Appropriations
Sec. 171. Authorization of appropriations.
Subtitle E--Repeal
Sec. 181. Repeal.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Findings and purpose.
Subtitle A--Adult Education and Literacy Programs
Chapter 1--Federal Provisions
Sec. 211. Reservation; grants to States; allotments.
Sec. 212. Performance measures and expected levels of performance.
Sec. 213. National leadership activities.
Chapter 2--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; State share.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other
institutionalized individuals.
Chapter 3--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Chapter 4--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. Priorities and preferences.
Sec. 243. Incentive grants.
Sec. 244. Evaluation, improvement, and accountability.
Sec. 245. National Institute for Literacy.
Sec. 246. Authorization of appropriations.
Subtitle B--Repeal
Sec. 251. Repeal.
TITLE III--WORKFORCE INVESTMENT AND RELATED ACTIVITIES
Subtitle A--Workforce Investment Activities
Chapter 1--Allotments To States for Adult Employment and Training
Activities, Dislocated Worker Employment and Training Activities, and
Youth Activities
Sec. 301. General authorization.
Sec. 302. State allotments.
Sec. 303. Statewide partnership.
Sec. 304. State plan.
Chapter 2--Allocations To Local Workforce Investment Areas
Sec. 306. Within State allocations.
Sec. 307. Local workforce investment areas.
Sec. 308. Local workforce investment partnerships and youth
partnerships.
Sec. 309. Local plan.
Chapter 3--Workforce Investment Activities and Providers
Sec. 311. Identification and oversight of one-stop partners and one-
stop customer service center operators.
Sec. 312. Determination and identification of eligible providers of
training services by program.
Sec. 313. Identification of eligible providers of youth activities.
Sec. 314. Statewide workforce investment activities.
Sec. 315. Local employment and training activities.
Sec. 316. Local youth activities.
Chapter 4--General Provisions
Sec. 321. Accountability.
Sec. 322. Authorization of appropriations.
Subtitle B--Job Corps
Sec. 331. Purposes.
Sec. 332. Definitions.
Sec. 333. Establishment.
Sec. 334. Individuals eligible for the Job Corps.
Sec. 335. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 336. Enrollment.
Sec. 337. Job Corps centers.
Sec. 338. Program activities.
Sec. 339. Counseling and job placement.
Sec. 340. Support.
Sec. 341. Operating plan.
Sec. 342. Standards of conduct.
Sec. 343. Community participation.
Sec. 344. Industry councils.
Sec. 345. Advisory committees.
Sec. 346. Experimental, research, and demonstration projects.
Sec. 347. Application of provisions of Federal law.
Sec. 348. Special provisions.
Sec. 349. Management information.
Sec. 350. General provisions.
Sec. 351. Authorization of appropriations.
Subtitle C--National Programs
Sec. 361. Native American programs.
Sec. 362. Migrant and seasonal farmworker programs.
Sec. 363. Veterans' workforce investment programs.
Sec. 364. Youth opportunity grants.
Sec. 365. Incentive grants.
Sec. 366. Technical assistance.
Sec. 367. Demonstration, pilot, multiservice, research, and multistate
projects.
Sec. 368. Evaluations.
Sec. 369. National emergency grants.
Sec. 370. Authorization of appropriations.
Subtitle D--Administration
Sec. 371. Requirements and restrictions.
Sec. 372. Prompt allocation of funds.
Sec. 373. Monitoring.
Sec. 374. Fiscal controls; sanctions.
Sec. 375. Reports; recordkeeping; investigations.
Sec. 376. Administrative adjudication.
Sec. 377. Judicial review.
Sec. 378. Nondiscrimination.
Sec. 379. Administrative provisions.
Sec. 380. State legislative authority.
Subtitle E--Repeals and Conforming Amendments
Sec. 391. Repeals.
Sec. 392. Conforming amendments.
Sec. 393. Effective dates.
TITLE IV--WORKFORCE INVESTMENT-RELATED ACTIVITIES
Subtitle A--Wagner-Peyser Act
Sec. 401. Definitions.
Sec. 402. Functions.
Sec. 403. Designation of State agencies.
Sec. 404. Appropriations.
Sec. 405. Disposition of allotted funds.
Sec. 406. State plans.
Sec. 407. Repeal of Federal Advisory Council.
Sec. 408. Regulations.
Sec. 409. Labor market information.
Sec. 410. Technical amendments.
Subtitle B--Linkages With Other Programs
Sec. 421. Trade Act of 1974.
Sec. 422. National Apprenticeship Act.
Sec. 423. Veterans' employment programs.
Sec. 424. Older Americans Act of 1965.
TITLE V--GENERAL PROVISIONS
Sec. 501. State unified plans.
Sec. 502. Transition provisions.
Sec. 503. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adult.--In paragraph (14) and title III, the term
``adult'' means an individual who is age 22 or older.
(2) Adult education.--The term ``adult education'' means
services or instruction below the postsecondary level for
individuals--
(A) who have attained 16 years of age or who are beyond the
age of compulsory school attendance under State law;
(B) who are not enrolled in secondary school; and
(C) who--
(i) lack sufficient mastery of basic educational skills to
enable the individuals to function effectively in society;
(ii) do not possess a secondary school diploma or its
recognized equivalent; or
(iii) are unable to speak, read, or write the English
language.
(3) Area vocational education school.--The term ``area
vocational education school'' means--
(A) a specialized public secondary school used exclusively
or principally for the provision of vocational education for
individuals who seek to study and prepare for entering the
labor market;
(B) the department of a public secondary school exclusively
or principally used for providing vocational 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 technical institute or vocational school used
exclusively or principally for the provision of vocational
education to individuals who have completed or left public
secondary school and who seek to study and prepare for
entering the labor market, if the institute or school admits
as regular students both individuals who have completed
public secondary school and individuals who have left public
secondary school; or
(D) the department or division of a junior college,
community college, or university operating under the policies
of the eligible agency and that provides vocational education
in not fewer than 5 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 public
secondary school and individuals who have left public
secondary school.
(4) Chief elected official.--The term ``chief elected
official'' means the chief elected executive officer of a
unit of general local government in a local area.
(5) Disadvantaged adult.--In title III, and except as
provided in section 302, the term ``disadvantaged adult''
means an adult who is a low-income individual.
(6) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has received
a notice of termination or layoff, from employment;
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop customer
service center, attachment to the workforce, but is not
eligible for unemployment compensation due to insufficient
earnings or having performed services for an
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employer that were not covered under a State unemployment
compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result
of any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services under
title III other than training services described in section
315(c)(3), intensive services, or supportive services, is
employed at a facility at which the employer has made a
general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a
rancher, or a fisherman) but is unemployed as a result of
general economic conditions in the community in which the
individual resides or because of natural disasters; or
(D) is a displaced homemaker.
(7) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another family
member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(8) Economic development agencies.--The term ``economic
development agencies'' includes local planning and zoning
commissions or boards, community development agencies, and
other local agencies and institutions responsible for
regulating, promoting, or assisting in local economic
development.
(9) Educational service agency.--The term ``educational
service agency'' means a regional public multiservice agency
authorized by State statute to develop and manage a service
or program, and provide the service or program to a local
educational agency.
(10) Elementary school; local educational agency.--The
terms ``elementary school'' and ``local educational agency''
have the meanings given the terms in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(11) Eligible agency.--The term ``eligible agency'' means--
(A) in the case of vocational education activities or
requirements described in title I--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for vocational education in the State or outlying area,
respectively, pursuant to the law of the State or outlying
area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for vocational education in
the State or outlying area, respectively, on the date of
enactment of the Workforce Investment Partnership Act of
1997; and
(B) in the case of adult education and literacy activities
or requirements described in title II--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for adult education and literacy in the State or outlying
area, respectively, pursuant to the law of the State or
outlying area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for adult education and
literacy in the State or outlying area, respectively, on the
date of enactment of the Workforce Investment Partnership Act
of 1997.
(12) Eligible institution.--In title I, 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 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.); and
(E) a consortium of 2 or more of the entities described in
subparagraphs (A) through (D).
(13) Eligible provider.--The term ``eligible provider''--
(A) in title II, means--
(i) a local educational agency;
(ii) a community-based organization;
(iii) an institution of higher education;
(iv) a public or private nonprofit agency;
(v) a consortium of such agencies, organizations, or
institutions; or
(vi) a library; and
(B) in title III, used with respect to--
(i) training services (other than on-the-job training),
means a provider who is identified in accordance with section
312;
(ii) youth activities, means a provider who is awarded a
grant in accordance with section 313; or
(iii) other workforce investment activities, means a public
or private entity selected to be responsible for such
activities, in accordance with subtitle A of title III, such
as a one-stop customer service center operator designated or
certified under section 311.
(14) Employment and training activity.--The term
``employment and training activity'' means an activity
described in section 314(b)(1) or subsection (c)(1) or (d) of
section 315, carried out for an adult or dislocated worker.
(15) English literacy program.--The term ``English literacy
program'' means a program of instruction designed to help
individuals of limited English proficiency achieve competence
in the English language.
(16) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(17) 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.
(18) Individual of limited english proficiency.--The term
``individual of limited English proficiency'' means an adult
or 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 where a
language other than English is the dominant language.
(19) Institution of higher education.--Except for purposes
of subtitle B of title I, the term ``institution of higher
education'' has the meaning given the term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(20) Literacy.--
(A) In general.--The term ``literacy'' means an
individual's ability to read, write, and speak in English,
compute, and solve problems, at levels of proficiency
necessary to function on the job and in society.
(B) Workplace literacy program.--The term ``workplace
literacy program'' means a program of literacy activities
that is offered in the workplace for the purpose of improving
the productivity of the workforce through the improvement of
literacy skills.
(21) Local area.--In paragraph (4) and title III, the term
``local area'' means a local workforce investment area
designated under section 307.
(22) Local partnership.--In title III, the term ``local
partnership'' means a local workforce investment partnership
established under section 308(a).
(23) Local performance measure.--The term ``local
performance measure'' means a performance measure established
under section 321(b).
(24) Low-income individual.--In paragraph (49) and title
III, the term ``low-income individual'' means an individual
who--
(A) receives, or is a member of a family that receives,
cash payments under a Federal, State, or local income-based
public assistance program;
(B) received an income, or is a member of a family that
received a total family income, for the 6-month period prior
to application for the program involved (exclusive of
unemployment compensation, child support payments, payments
described in subparagraph (A), and old-age and survivors
insurance benefits received under section 202 of the Social
Security Act (42 U.S.C. 402)) that, in relation to family
size, does not exceed the higher of--
(i) the poverty line, for an equivalent period; or
(ii) 70 percent of the lower living standard income level,
for an equivalent period;
(C) is a member of a household that receives (or has been
determined within the 6-month period prior to application for
the program involved to be eligible to receive) food stamps
pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.);
(D) qualifies as a homeless individual, as defined in
subsections (a) and (c) of section 103 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11302);
(E) is a foster child on behalf of whom State or local
government payments are made; or
(F) in cases permitted by regulations of the Secretary of
Labor, is an individual with a disability whose own income
meets the requirements of a program described in subparagraph
(A) or of subparagraph (B), but who is a member of a family
whose income does not meet such requirements.
(25) Lower living standard income level.--The term ``lower
living standard income level'' means that income level
(adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living
family budget issued by the Secretary of Labor.
(26) Nontraditional employment.--In titles I and III, the
term ``nontraditional employment'' refers to occupations or
fields of work for which individuals from one gender comprise
less than 25 percent of the individuals employed in each such
occupation or field of work.
(27) On-the-job training.--The term ``on-the-job training''
means training in the public or private sector that is
provided to a paid participant while engaged in productive
work in a job that--
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) provides reimbursement to employers of up to 50 percent
of the wage rate of the participant, for the extraordinary
costs of providing the training and additional supervision
related to the training; and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained.
(28) Out-of-school youth.--The term ``out-of-school youth''
means--
(A) a youth who is a school dropout; or
(B) a youth who has received a secondary school diploma or
its equivalent but is basic literacy skills deficient,
unemployed, or underemployed.
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(29) 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.
(30) Participant.--The term ``participant'', used with
respect to an activity carried out under title III, means an
individual participating in the activity.
(31) 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 community college; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
(32) Poverty line.--The term ``poverty line'' means 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.
(33) Public assistance.--In title III, the term ``public
assistance'' means Federal, State, or local government cash
payments for which eligibility is determined by a needs or
income test.
(34) Rapid response activity.--In title III, the term
``rapid response activity'' means an activity provided by a
State, or by an entity designated by a State, with funds
provided by the State under section 306(a)(2), in the case of
a permanent closure or mass layoff at a plant, facility, or
enterprise, or a natural or other disaster, that results in
mass job dislocation, in order to assist dislocated workers
in obtaining reemployment as soon as possible, with services
including--
(A) the establishment of onsite contact with employers and
employee representatives--
(i) immediately after the State is notified of a current or
projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the State
is made aware of mass job dislocation as a result of such
disaster;
(B) the provision of information and access to available
employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
(35) 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.
(36) 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), except
that the term does not include education below grade 9.
(37) Secretary.--
(A) Titles i and ii.--In titles I and II, the term
``Secretary'' means the Secretary of Education.
(B) Title iii.--In title III, the term ``Secretary'' means
the Secretary of Labor.
(38) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(39) State educational agency.--The term ``State
educational agency'' means the State board of education or
other agency or officer primarily responsible for the State
supervision of public elementary or secondary schools, or, if
there is no such agency or officer, an agency or officer
designated by the Governor or by State law.
(40) State performance measure.--In title III, the term
``State performance measure'' means a performance measure
established under section 321(a).
(41) Statewide partnership.--The term ``statewide
partnership'' means a partnership established under section
303.
(42) Supportive services.--In title III, the term
``supportive services'' means services such as
transportation, child care, dependent care, housing, and
needs-based payments, that are necessary to enable an
individual to participate in employment and training
activities or youth activities.
(43) Tribally controlled community college.--The term
``tribally controlled community college'' means an
institution that receives assistance under the Tribally
Controlled Community College Assistance Act of 1978 (25
U.S.C. 1801 et seq.) or the Navajo Community College Act (25
U.S.C. 640a et seq.).
(44) Unit of general local government.--In title III, the
term ``unit of general local government'' means any general
purpose political subdivision of a State that has the power
to levy taxes and spend funds, as well as general corporate
and police powers.
(45) Veteran; related definitions.--
(A) Veteran.--The term ``veteran'' means an individual who
served in the active military, naval, or air service, and who
was discharged or released from such service under conditions
other than dishonorable.
(B) Disabled veteran.--The term ``disabled veteran''
means--
(i) a veteran who is entitled to compensation under laws
administered by the Secretary of Veterans Affairs; or
(ii) an individual who was discharged or released from
active duty because of service-connected disability.
(C) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under title III within 48 months of the
discharge or release from active military, naval, or air
service.
(D) Vietnam era veteran.--The term ``Vietnam era veteran''
means a veteran any part of whose active military, naval, or
air service occurred between August 5, 1964, and May 7, 1975.
(46) Vocational education.--The term ``vocational
education'' means organized education that--
(A) offers a sequence of courses that provides individuals
with the academic knowledge and skills the individuals need
to prepare for further education and for careers in current
or emerging employment sectors; and
(B) includes competency-based applied learning that
contributes to the academic knowledge, higher-order reasoning
and problem-solving skills, work attitudes, general
employability skills, and occupation-specific skills, of an
individual.
(47) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
assisted under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
(48) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training
activity, a youth activity, and an activity described in
section 314.
(49) Youth.--In paragraph (50) and title III (other than
subtitles B and C of such title), the term ``youth'' means an
individual who--
(A) is not less than age 14 and not more than age 21;
(B) is a low-income individual; and
(C) an individual who is 1 or more of the following:
(i) Deficient in basic literacy skills.
(ii) A school dropout.
(iii) Homeless, a runaway, or a foster child.
(iv) Pregnant or a parent.
(v) An offender.
(vi) An individual who requires additional assistance to
complete an educational program, or to secure and hold
employment.
(50) Youth activity.--The term ``youth activity'' means an
activity described in section 316, carried out for youth.
(51) Youth partnership.--The term ``youth partnership''
means a partnership established under section 308(i).
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Carl D. Perkins Vocational
and Applied Technology Education Act of 1997''.
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) in order to be successful workers, citizens, and
learners in the 21st century, individuals will need--
(A) a combination of strong basic and advanced academic
skills;
(B) computer and other technical skills;
(C) theoretical knowledge;
(D) communications, problem-solving, teamwork, and
employability skills; and
(E) the ability to acquire additional knowledge and skills
throughout a lifetime;
(2) students participating in vocational education can
achieve challenging academic and technical skills, and may
learn better and retain more, when the students learn in
context, learn by doing, and have an opportunity to learn and
understand how academic, vocational, and technological skills
are used outside the classroom;
(3)(A) many high school graduates in the United States do
not complete a rigorous course of study that prepares the
graduates for completing a 2-year or 4-year college degree or
for entering high-skill, high-wage careers;
(B) adult students are an increasingly diverse group and
often enter postsecondary education unprepared for academic
and technical work; and
(C) certain individuals often face great challenges in
acquiring the knowledge and skills needed for successful
employment;
(4) community colleges, technical colleges, and area
vocational education schools are offering adults a gateway to
higher education, and access to quality certificates and
degrees that increase their skills and earnings, by--
(A) ensuring that the academic, vocational, and
technological skills gained by students adequately prepare
the students for the workforce; and
(B) enhancing connections with employers and 4-year
institutions of higher education;
(5) local, State, and national programs supported under the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.) (as such Act was in effect on
the day before the date of enactment of this Act) have
assisted many students in obtaining technical, academic, and
employability skills, and tech-prep education;
(6) the Federal Government can assist States and localities
by carrying out nationally significant research, program
development, demonstration, dissemination, evaluation, data
collection, professional development, and technical
assistance activities that support State and local efforts
regarding vocational education; and
(7) through a performance partnership with States and
localities based on clear programmatic goals, increased State
and local flexibility, improved accountability, and
performance measures, the Federal Government will provide to
States and localities financial assistance for the
improvement and expansion of vocational education for
students participating in vocational education.
(b) Purpose.--The purpose of this title is to make the
United States more competitive in the
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world economy by developing more fully the academic,
vocational, and employability skills of secondary students
and postsecondary students who elect to enroll in vocational
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 technological
instruction, and that link secondary and postsecondary
education for participating vocational education students;
(3) increasing State and local flexibility in providing
services and activities designed to develop, implement, and
improve vocational education, including tech-prep education;
and
(4) disseminating national research, and providing
professional development and technical assistance, that will
improve vocational education programs, services, and
activities.
SEC. 103. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this title shall be used--
(1) to require any secondary school student to choose or
pursue a specific career path or major; and
(2) to mandate that any individual participate in a
vocational education program under this title.
Subtitle A--Vocational Education
CHAPTER 1--FEDERAL PROVISIONS
SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
(a) Reservations and State Allotment.--
(1) Reservations.--From the sum appropriated under section
171 for each fiscal year, the Secretary shall reserve--
(A) 0.2 percent to carry out section 113;
(B) 1.75 percent to carry out sections 114 and 115, of
which--
(i) 1.25 percent of the sum shall be available to carry out
section 114(b);
(ii) 0.25 percent of the sum shall be available to carry
out section 114(c); and
(iii) 0.25 percent of the sum shall be available to carry
out section 115; and
(C) 1.3 percent of the sum shall be used to carry out
sections 116, 163, 164, 165, and 166, of which not less than
0.65 percent of the sum shall be available to carry out
section 116.
(2) State allotment formula.--Subject to paragraphs (3) and
(4), from the remainder of the sums appropriated under
section 171 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 171 and not reserved under
paragraph (1) for such fiscal year. Amounts necessary for
increasing such payments to States to comply with the
preceding sentence shall be obtained by ratably reducing the
amounts to be paid to other States.
(B) Requirement.--Due to the application of subparagraph
(A), for any fiscal year, no State shall receive 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 this Act).
(C) Special rule.--
(i) In general.--Subject to paragraph (4), no State, by
reason 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 this Act);
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 this Act).
(4) Hold harmless.--
(A) In general.--No State shall receive an allotment under
this section for a fiscal year that is less than the
allotment the State received under part A of title I of the
Carl D. Perkins 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 this Act) for fiscal
year 1997.
(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), 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 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.
SEC. 112. PERFORMANCE MEASURES AND EXPECTED LEVELS OF
PERFORMANCE.
(a) Establishment of Performance Measures.--After
consultation with eligible agencies, local educational
agencies, eligible institutions, and other interested parties
(including representatives of business and representatives of
labor organizations), the Secretary shall establish and
publish performance measures described in this subsection to
assess the progress of each eligible agency in achieving the
following:
(1) Student mastery of academic skills.
(2) Student mastery of job readiness skills.
(3) Student mastery of vocational skill proficiencies for
students in vocational education programs, that are necessary
for the receipt of a secondary school diploma or its
recognized equivalent, or a secondary school skill
certificate.
(4) Receipt of a postsecondary degree or certificate.
(5) Placement in, retention in, and completion of,
secondary school education (as determined under State law)
and postsecondary education, and placement and retention
in employment and in military service, including for the
populations described in section 124(c)(16).
(6) Participation in and completion of nontraditional
vocational education programs.
(7) Other performance measures as determined by the
Secretary.
(b) Expected Levels of Performance.--In developing a State
plan, each eligible agency shall negotiate with the Secretary
the expected levels of performance for the performance
measures described in subsection (a).
SEC. 113. ASSISTANCE FOR THE OUTLYING AREAS.
(a) In General.--From the funds reserved under section
111(a)(1)(A), the Secretary--
(1) shall award a grant in the amount of $500,000 to Guam
for vocational education and training for the purpose of
providing direct educational services related to vocational
education, including--
(A) teacher and counselor training and retraining;
(B) curriculum development; and
(C) improving vocational education programs in secondary
schools and institutions of higher education, or improving
cooperative education programs involving both secondary
schools and institutions of higher education;
(2) shall award a grant in the amount of $600,000 to the
United States Virgin Islands for vocational education for the
purpose described in paragraph (1); and
(3) shall award a grant in the amount of $190,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands for vocational education for the purpose
described in paragraph (1).
(b) Special Rule.--
(1) In general.--From funds reserved under section
111(a)(1)(A) and not awarded under subsection (a), the
Secretary shall make available
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the amount awarded to the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
under section 101A 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 this Act)
to award grants under the succeeding sentence. From the
amount made available under the preceding sentence, the
Secretary shall award grants, to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau for the purpose described in subsection
(a)(1).
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility.--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, 2004.
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
SEC. 114. INDIAN AND HAWAIIAN NATIVE PROGRAMS.
(a) Definitions; Authority of Secretary.--
(1) Definitions.--For the purpose of this section--
(A) the term ``Act of April 16, 1934'' means the Act
entitled ``An Act authorizing the Secretary of the Interior
to arrange with States or territories for the education,
medical attention, relief of distress, and social welfare of
Indians, and for other purposes'', enacted April 16, 1934 (48
Stat. 596; 25 U.S.C. 452 et seq.);
(B) the term ``Bureau funded school'' has the meaning given
the term in section 1146 of the Education Amendments of 1978
(25 U.S.C. 2026); and
(C) the term ``Hawaiian native'' means any individual any
of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
(2) Authority.--From the funds reserved pursuant to section
111(a)(1)(B), the Secretary shall award grants and enter into
contracts for Indian and Hawaiian native programs in
accordance with this section, except that such programs shall
not include secondary school programs in Bureau funded
schools.
(b) Indian Programs.--
(1) Authority.--
(A) In general.--Except as provided in subparagraph (B),
from the funds reserved pursuant to section 111(a)(1)(B)(i),
the Secretary is directed--
(i) upon the request of any Indian tribe, or a tribal
organization serving an Indian tribe, which is eligible to
contract with the Secretary of the Interior for the
administration of programs under the Indian Self-
Determination Act (25 U.S.C. 450 et seq.) or under the Act of
April 16, 1934; or
(ii) upon an application received from a Bureau funded
school offering postsecondary or adult education programs
filed at such time and under such conditions as the Secretary
may prescribe,
to make grants to or enter into contracts with any Indian
tribe or tribal organization, or to make a grant to such
Bureau funded school, as appropriate, to plan, conduct, and
administer programs or portions of programs authorized by,
and consistent with the purpose of, this title.
(B) Requirements.--The grants or contracts described in
subparagraph (A), shall be subject to the following:
(i) Tribal organizations.--Such grants or contracts with
any 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.
(ii) Bureau funded schools.--Such grants to Bureau funded
schools shall not be subject to the requirements of the
Indian Self-Determination Act (25 U.S.C. 450f et seq.) or the
Act of April 16, 1934.
(C) Application.--Any Indian tribe, tribal organization, or
Bureau funded school eligible to receive assistance under
this paragraph may apply individually or as part of a
consortium with another such Indian tribe, tribal
organization, or Bureau funded school.
(D) Performance measures and evaluation.--Any Indian tribe,
tribal organization, or Bureau funded school that receives
assistance under this section shall--
(i) establish performance measures and expected level of
performance to be achieved by students served under this
section; and
(ii) evaluate the quality and effectiveness of activities
and services provided under this subsection.
(E) Minimum.--In the case of a Bureau funded school, the
minimum amount of a grant awarded or contract entered into
under this section shall be $35,000.
(F) Restrictions.--The Secretary may not place upon grants
awarded or contracts entered into under this paragraph 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 education programs, and
shall give special consideration to--
(i) grants or contracts which involve, coordinate with, or
encourage tribal economic development plans; and
(ii) applications from tribally controlled community
colleges that--
(I) are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an
institution of postsecondary vocational education; or
(II) operate vocational education programs that are
accredited or are candidates for accreditation by a
nationally recognized accreditation organization, and issue
certificates for completion of vocational education programs.
(G) Stipends.--
(i) In general.--Funds received pursuant to grants or
contracts described in subparagraph (A) may be used to
provide stipends to students who are enrolled in vocational
education programs and who have acute economic needs which
cannot be met through work-study programs.
(ii) Amount.--Stipends described in clause (i) shall not
exceed reasonable amounts as prescribed by the Secretary.
(2) Matching.--If sufficient funding is 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 no less than the amount
expended during the prior fiscal year on vocational education
programs, services, and 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.
(3) Special rule.--Programs funded under this subsection
shall be in addition to such other programs, services, and
activities as are made available to eligible Indians under
other provisions of this Act.
(c) Hawaiian Native Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary is
directed, to award grants or enter into contracts with
organizations primarily serving and representing Hawaiian
natives 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
purpose of this title, for the benefit of Hawaiian natives.
SEC. 115. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
INSTITUTIONS.
(a) In General.--It is the purpose of this section to
provide grants for the operation and improvement of tribally
controlled postsecondary vocational institutions to ensure
continued and expanded educational opportunities for Indian
students, and to allow for the improvement and expansion of
the physical resources of such institutions.
(b) Grants Authorized.--From the funds reserved pursuant to
section 111(a)(1)(B)(iii), the Secretary shall make grants to
tribally controlled postsecondary vocational institutions to
provide basic support for the vocational education and
training of Indian students.
(c) Eligible Grant Recipients.--To be eligible for
assistance under this section a tribally controlled
postsecondary vocational institution shall--
(1) be governed by a board of directors or trustees, a
majority of whom are Indians;
(2) demonstrate adherence to stated goals, a philosophy, or
a plan of operation which 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;
(3) have been in operation for at least 3 years;
(4) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational education; and
(5) enroll the full-time equivalency of not less than 100
students, of whom a majority are Indians.
(d) Grant Requirements.--
(1) Applications.--Any tribally controlled postsecondary
vocational institution that desires to receive a grant under
this section shall submit an application to the Secretary.
Such application shall include a description of recordkeeping
procedures for the expenditure of funds received under this
section that will allow the Secretary to audit and monitor
programs.
(2) Number.--The Secretary shall award not less than 2
grants under this section for each fiscal year.
(3) Consultation.--In awarding grants under this section,
the Secretary shall, to the extent practicable, consult with
the boards of trustees of, and the tribal governments
chartering, the institutions desiring the grants.
(4) Limitation.--Amounts made available through grants
under this section shall not be used in connection with
religious worship or sectarian instruction.
(e) Uses of Grants.--
(1) In general.--The Secretary shall, subject to the
availability of appropriations, provide for each program year
to each tribally controlled vocational 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
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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) Effect on 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
institution from receiving Federal financial assistance under
any program authorized under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) or any other applicable program for
the benefit of institutions of higher education or vocational
education.
(2) Prohibition on alteration of grant amount.--The amount
of any grant for which tribally controlled postsecondary
vocational 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 institution for which an Indian
tribe has designated a portion of the funds appropriated for
the tribe from funds appropriated under such Act of November
2, 1921, may be denied a contract for such portion under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b et seq.) (except as 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 goals and requirements of the Personal
Responsibili
Major Actions:
All articles in Senate section
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
(Senate - May 01, 1998)
Text of this article available as:
TXT
PDF
[Pages
S3963-S4021]
WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997
The PRESIDING OFFICER (Mr. Allard). The Chair lays before the Senate
S. 1186.
The assistant legislative clerk read as follows:
A bill (
S. 1186) to provide for education and training and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Labor and Human Resources, with an amendment to
strike all after the enacting clause and inserting in lieu thereof the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Investment Partnership Act of 1997''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Voluntary selection and participation.
Subtitle A--Vocational Education
Chapter 1--Federal Provisions
Sec. 111. Reservations and State allotment.
Sec. 112. Performance measures and expected levels of performance.
Sec. 113. Assistance for the outlying areas.
Sec. 114. Indian and Hawaiian Native programs.
Sec. 115. Tribally controlled postsecondary vocational institutions.
Sec. 116. Incentive grants.
Chapter 2--State Provisions
Sec. 121. State administration.
Sec. 122. State use of funds.
Sec. 123. State leadership activities.
Sec. 124. State plan.
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Chapter 3--Local Provisions
Sec. 131. Distribution for secondary school vocational education.
Sec. 132. Distribution for postsecondary vocational education.
Sec. 133. Local activities.
Sec. 134. Local application.
Subtitle B--Tech-Prep Education
Sec. 151. Short title.
Sec. 152. Purposes.
Sec. 153. Definitions.
Sec. 154. Program authorized.
Sec. 155. Tech-prep education programs.
Sec. 156. Applications.
Sec. 157. Authorization of appropriations.
Subtitle C--General Provisions
Sec. 161. Administrative provisions.
Sec. 162. Evaluation, improvement, and accountability.
Sec. 163. National activities.
Sec. 164. National assessment of vocational education programs.
Sec. 165. National research center.
Sec. 166. Data systems.
Subtitle D--Authorization of Appropriations
Sec. 171. Authorization of appropriations.
Subtitle E--Repeal
Sec. 181. Repeal.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Findings and purpose.
Subtitle A--Adult Education and Literacy Programs
Chapter 1--Federal Provisions
Sec. 211. Reservation; grants to States; allotments.
Sec. 212. Performance measures and expected levels of performance.
Sec. 213. National leadership activities.
Chapter 2--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; State share.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other
institutionalized individuals.
Chapter 3--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Chapter 4--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. Priorities and preferences.
Sec. 243. Incentive grants.
Sec. 244. Evaluation, improvement, and accountability.
Sec. 245. National Institute for Literacy.
Sec. 246. Authorization of appropriations.
Subtitle B--Repeal
Sec. 251. Repeal.
TITLE III--WORKFORCE INVESTMENT AND RELATED ACTIVITIES
Subtitle A--Workforce Investment Activities
Chapter 1--Allotments To States for Adult Employment and Training
Activities, Dislocated Worker Employment and Training Activities, and
Youth Activities
Sec. 301. General authorization.
Sec. 302. State allotments.
Sec. 303. Statewide partnership.
Sec. 304. State plan.
Chapter 2--Allocations To Local Workforce Investment Areas
Sec. 306. Within State allocations.
Sec. 307. Local workforce investment areas.
Sec. 308. Local workforce investment partnerships and youth
partnerships.
Sec. 309. Local plan.
Chapter 3--Workforce Investment Activities and Providers
Sec. 311. Identification and oversight of one-stop partners and one-
stop customer service center operators.
Sec. 312. Determination and identification of eligible providers of
training services by program.
Sec. 313. Identification of eligible providers of youth activities.
Sec. 314. Statewide workforce investment activities.
Sec. 315. Local employment and training activities.
Sec. 316. Local youth activities.
Chapter 4--General Provisions
Sec. 321. Accountability.
Sec. 322. Authorization of appropriations.
Subtitle B--Job Corps
Sec. 331. Purposes.
Sec. 332. Definitions.
Sec. 333. Establishment.
Sec. 334. Individuals eligible for the Job Corps.
Sec. 335. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 336. Enrollment.
Sec. 337. Job Corps centers.
Sec. 338. Program activities.
Sec. 339. Counseling and job placement.
Sec. 340. Support.
Sec. 341. Operating plan.
Sec. 342. Standards of conduct.
Sec. 343. Community participation.
Sec. 344. Industry councils.
Sec. 345. Advisory committees.
Sec. 346. Experimental, research, and demonstration projects.
Sec. 347. Application of provisions of Federal law.
Sec. 348. Special provisions.
Sec. 349. Management information.
Sec. 350. General provisions.
Sec. 351. Authorization of appropriations.
Subtitle C--National Programs
Sec. 361. Native American programs.
Sec. 362. Migrant and seasonal farmworker programs.
Sec. 363. Veterans' workforce investment programs.
Sec. 364. Youth opportunity grants.
Sec. 365. Incentive grants.
Sec. 366. Technical assistance.
Sec. 367. Demonstration, pilot, multiservice, research, and multistate
projects.
Sec. 368. Evaluations.
Sec. 369. National emergency grants.
Sec. 370. Authorization of appropriations.
Subtitle D--Administration
Sec. 371. Requirements and restrictions.
Sec. 372. Prompt allocation of funds.
Sec. 373. Monitoring.
Sec. 374. Fiscal controls; sanctions.
Sec. 375. Reports; recordkeeping; investigations.
Sec. 376. Administrative adjudication.
Sec. 377. Judicial review.
Sec. 378. Nondiscrimination.
Sec. 379. Administrative provisions.
Sec. 380. State legislative authority.
Subtitle E--Repeals and Conforming Amendments
Sec. 391. Repeals.
Sec. 392. Conforming amendments.
Sec. 393. Effective dates.
TITLE IV--WORKFORCE INVESTMENT-RELATED ACTIVITIES
Subtitle A--Wagner-Peyser Act
Sec. 401. Definitions.
Sec. 402. Functions.
Sec. 403. Designation of State agencies.
Sec. 404. Appropriations.
Sec. 405. Disposition of allotted funds.
Sec. 406. State plans.
Sec. 407. Repeal of Federal Advisory Council.
Sec. 408. Regulations.
Sec. 409. Labor market information.
Sec. 410. Technical amendments.
Subtitle B--Linkages With Other Programs
Sec. 421. Trade Act of 1974.
Sec. 422. National Apprenticeship Act.
Sec. 423. Veterans' employment programs.
Sec. 424. Older Americans Act of 1965.
TITLE V--GENERAL PROVISIONS
Sec. 501. State unified plans.
Sec. 502. Transition provisions.
Sec. 503. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adult.--In paragraph (14) and title III, the term
``adult'' means an individual who is age 22 or older.
(2) Adult education.--The term ``adult education'' means
services or instruction below the postsecondary level for
individuals--
(A) who have attained 16 years of age or who are beyond the
age of compulsory school attendance under State law;
(B) who are not enrolled in secondary school; and
(C) who--
(i) lack sufficient mastery of basic educational skills to
enable the individuals to function effectively in society;
(ii) do not possess a secondary school diploma or its
recognized equivalent; or
(iii) are unable to speak, read, or write the English
language.
(3) Area vocational education school.--The term ``area
vocational education school'' means--
(A) a specialized public secondary school used exclusively
or principally for the provision of vocational education for
individuals who seek to study and prepare for entering the
labor market;
(B) the department of a public secondary school exclusively
or principally used for providing vocational 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 technical institute or vocational school used
exclusively or principally for the provision of vocational
education to individuals who have completed or left public
secondary school and who seek to study and prepare for
entering the labor market, if the institute or school admits
as regular students both individuals who have completed
public secondary school and individuals who have left public
secondary school; or
(D) the department or division of a junior college,
community college, or university operating under the policies
of the eligible agency and that provides vocational education
in not fewer than 5 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 public
secondary school and individuals who have left public
secondary school.
(4) Chief elected official.--The term ``chief elected
official'' means the chief elected executive officer of a
unit of general local government in a local area.
(5) Disadvantaged adult.--In title III, and except as
provided in section 302, the term ``disadvantaged adult''
means an adult who is a low-income individual.
(6) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has received
a notice of termination or layoff, from employment;
(ii)(I) is eligible for or has exhausted entitlement to
unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop customer
service center, attachment to the workforce, but is not
eligible for unemployment compensation due to insufficient
earnings or having performed services for an
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employer that were not covered under a State unemployment
compensation law; and
(iii) is unlikely to return to a previous industry or
occupation;
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result
of any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services under
title III other than training services described in section
315(c)(3), intensive services, or supportive services, is
employed at a facility at which the employer has made a
general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a
rancher, or a fisherman) but is unemployed as a result of
general economic conditions in the community in which the
individual resides or because of natural disasters; or
(D) is a displaced homemaker.
(7) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another family
member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(8) Economic development agencies.--The term ``economic
development agencies'' includes local planning and zoning
commissions or boards, community development agencies, and
other local agencies and institutions responsible for
regulating, promoting, or assisting in local economic
development.
(9) Educational service agency.--The term ``educational
service agency'' means a regional public multiservice agency
authorized by State statute to develop and manage a service
or program, and provide the service or program to a local
educational agency.
(10) Elementary school; local educational agency.--The
terms ``elementary school'' and ``local educational agency''
have the meanings given the terms in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(11) Eligible agency.--The term ``eligible agency'' means--
(A) in the case of vocational education activities or
requirements described in title I--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for vocational education in the State or outlying area,
respectively, pursuant to the law of the State or outlying
area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for vocational education in
the State or outlying area, respectively, on the date of
enactment of the Workforce Investment Partnership Act of
1997; and
(B) in the case of adult education and literacy activities
or requirements described in title II--
(i) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting policy
for adult education and literacy in the State or outlying
area, respectively, pursuant to the law of the State or
outlying area, respectively; or
(ii) if no individual, entity, or agency is responsible for
administering or setting such policy pursuant to the law of
the State or outlying area, the individual, entity, or agency
in a State or outlying area, respectively, responsible for
administering or setting policy for adult education and
literacy in the State or outlying area, respectively, on the
date of enactment of the Workforce Investment Partnership Act
of 1997.
(12) Eligible institution.--In title I, 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 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.); and
(E) a consortium of 2 or more of the entities described in
subparagraphs (A) through (D).
(13) Eligible provider.--The term ``eligible provider''--
(A) in title II, means--
(i) a local educational agency;
(ii) a community-based organization;
(iii) an institution of higher education;
(iv) a public or private nonprofit agency;
(v) a consortium of such agencies, organizations, or
institutions; or
(vi) a library; and
(B) in title III, used with respect to--
(i) training services (other than on-the-job training),
means a provider who is identified in accordance with section
312;
(ii) youth activities, means a provider who is awarded a
grant in accordance with section 313; or
(iii) other workforce investment activities, means a public
or private entity selected to be responsible for such
activities, in accordance with subtitle A of title III, such
as a one-stop customer service center operator designated or
certified under section 311.
(14) Employment and training activity.--The term
``employment and training activity'' means an activity
described in section 314(b)(1) or subsection (c)(1) or (d) of
section 315, carried out for an adult or dislocated worker.
(15) English literacy program.--The term ``English literacy
program'' means a program of instruction designed to help
individuals of limited English proficiency achieve competence
in the English language.
(16) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(17) 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.
(18) Individual of limited english proficiency.--The term
``individual of limited English proficiency'' means an adult
or 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 where a
language other than English is the dominant language.
(19) Institution of higher education.--Except for purposes
of subtitle B of title I, the term ``institution of higher
education'' has the meaning given the term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(20) Literacy.--
(A) In general.--The term ``literacy'' means an
individual's ability to read, write, and speak in English,
compute, and solve problems, at levels of proficiency
necessary to function on the job and in society.
(B) Workplace literacy program.--The term ``workplace
literacy program'' means a program of literacy activities
that is offered in the workplace for the purpose of improving
the productivity of the workforce through the improvement of
literacy skills.
(21) Local area.--In paragraph (4) and title III, the term
``local area'' means a local workforce investment area
designated under section 307.
(22) Local partnership.--In title III, the term ``local
partnership'' means a local workforce investment partnership
established under section 308(a).
(23) Local performance measure.--The term ``local
performance measure'' means a performance measure established
under section 321(b).
(24) Low-income individual.--In paragraph (49) and title
III, the term ``low-income individual'' means an individual
who--
(A) receives, or is a member of a family that receives,
cash payments under a Federal, State, or local income-based
public assistance program;
(B) received an income, or is a member of a family that
received a total family income, for the 6-month period prior
to application for the program involved (exclusive of
unemployment compensation, child support payments, payments
described in subparagraph (A), and old-age and survivors
insurance benefits received under section 202 of the Social
Security Act (42 U.S.C. 402)) that, in relation to family
size, does not exceed the higher of--
(i) the poverty line, for an equivalent period; or
(ii) 70 percent of the lower living standard income level,
for an equivalent period;
(C) is a member of a household that receives (or has been
determined within the 6-month period prior to application for
the program involved to be eligible to receive) food stamps
pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.);
(D) qualifies as a homeless individual, as defined in
subsections (a) and (c) of section 103 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11302);
(E) is a foster child on behalf of whom State or local
government payments are made; or
(F) in cases permitted by regulations of the Secretary of
Labor, is an individual with a disability whose own income
meets the requirements of a program described in subparagraph
(A) or of subparagraph (B), but who is a member of a family
whose income does not meet such requirements.
(25) Lower living standard income level.--The term ``lower
living standard income level'' means that income level
(adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living
family budget issued by the Secretary of Labor.
(26) Nontraditional employment.--In titles I and III, the
term ``nontraditional employment'' refers to occupations or
fields of work for which individuals from one gender comprise
less than 25 percent of the individuals employed in each such
occupation or field of work.
(27) On-the-job training.--The term ``on-the-job training''
means training in the public or private sector that is
provided to a paid participant while engaged in productive
work in a job that--
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) provides reimbursement to employers of up to 50 percent
of the wage rate of the participant, for the extraordinary
costs of providing the training and additional supervision
related to the training; and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained.
(28) Out-of-school youth.--The term ``out-of-school youth''
means--
(A) a youth who is a school dropout; or
(B) a youth who has received a secondary school diploma or
its equivalent but is basic literacy skills deficient,
unemployed, or underemployed.
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(29) 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.
(30) Participant.--The term ``participant'', used with
respect to an activity carried out under title III, means an
individual participating in the activity.
(31) 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 community college; or
(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
(32) Poverty line.--The term ``poverty line'' means 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.
(33) Public assistance.--In title III, the term ``public
assistance'' means Federal, State, or local government cash
payments for which eligibility is determined by a needs or
income test.
(34) Rapid response activity.--In title III, the term
``rapid response activity'' means an activity provided by a
State, or by an entity designated by a State, with funds
provided by the State under section 306(a)(2), in the case of
a permanent closure or mass layoff at a plant, facility, or
enterprise, or a natural or other disaster, that results in
mass job dislocation, in order to assist dislocated workers
in obtaining reemployment as soon as possible, with services
including--
(A) the establishment of onsite contact with employers and
employee representatives--
(i) immediately after the State is notified of a current or
projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the State
is made aware of mass job dislocation as a result of such
disaster;
(B) the provision of information and access to available
employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
(35) 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.
(36) 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), except
that the term does not include education below grade 9.
(37) Secretary.--
(A) Titles i and ii.--In titles I and II, the term
``Secretary'' means the Secretary of Education.
(B) Title iii.--In title III, the term ``Secretary'' means
the Secretary of Labor.
(38) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(39) State educational agency.--The term ``State
educational agency'' means the State board of education or
other agency or officer primarily responsible for the State
supervision of public elementary or secondary schools, or, if
there is no such agency or officer, an agency or officer
designated by the Governor or by State law.
(40) State performance measure.--In title III, the term
``State performance measure'' means a performance measure
established under section 321(a).
(41) Statewide partnership.--The term ``statewide
partnership'' means a partnership established under section
303.
(42) Supportive services.--In title III, the term
``supportive services'' means services such as
transportation, child care, dependent care, housing, and
needs-based payments, that are necessary to enable an
individual to participate in employment and training
activities or youth activities.
(43) Tribally controlled community college.--The term
``tribally controlled community college'' means an
institution that receives assistance under the Tribally
Controlled Community College Assistance Act of 1978 (25
U.S.C. 1801 et seq.) or the Navajo Community College Act (25
U.S.C. 640a et seq.).
(44) Unit of general local government.--In title III, the
term ``unit of general local government'' means any general
purpose political subdivision of a State that has the power
to levy taxes and spend funds, as well as general corporate
and police powers.
(45) Veteran; related definitions.--
(A) Veteran.--The term ``veteran'' means an individual who
served in the active military, naval, or air service, and who
was discharged or released from such service under conditions
other than dishonorable.
(B) Disabled veteran.--The term ``disabled veteran''
means--
(i) a veteran who is entitled to compensation under laws
administered by the Secretary of Veterans Affairs; or
(ii) an individual who was discharged or released from
active duty because of service-connected disability.
(C) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under title III within 48 months of the
discharge or release from active military, naval, or air
service.
(D) Vietnam era veteran.--The term ``Vietnam era veteran''
means a veteran any part of whose active military, naval, or
air service occurred between August 5, 1964, and May 7, 1975.
(46) Vocational education.--The term ``vocational
education'' means organized education that--
(A) offers a sequence of courses that provides individuals
with the academic knowledge and skills the individuals need
to prepare for further education and for careers in current
or emerging employment sectors; and
(B) includes competency-based applied learning that
contributes to the academic knowledge, higher-order reasoning
and problem-solving skills, work attitudes, general
employability skills, and occupation-specific skills, of an
individual.
(47) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
assisted under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
(48) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training
activity, a youth activity, and an activity described in
section 314.
(49) Youth.--In paragraph (50) and title III (other than
subtitles B and C of such title), the term ``youth'' means an
individual who--
(A) is not less than age 14 and not more than age 21;
(B) is a low-income individual; and
(C) an individual who is 1 or more of the following:
(i) Deficient in basic literacy skills.
(ii) A school dropout.
(iii) Homeless, a runaway, or a foster child.
(iv) Pregnant or a parent.
(v) An offender.
(vi) An individual who requires additional assistance to
complete an educational program, or to secure and hold
employment.
(50) Youth activity.--The term ``youth activity'' means an
activity described in section 316, carried out for youth.
(51) Youth partnership.--The term ``youth partnership''
means a partnership established under section 308(i).
TITLE I--VOCATIONAL, TECHNOLOGICAL, AND TECH-PREP EDUCATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Carl D. Perkins Vocational
and Applied Technology Education Act of 1997''.
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) in order to be successful workers, citizens, and
learners in the 21st century, individuals will need--
(A) a combination of strong basic and advanced academic
skills;
(B) computer and other technical skills;
(C) theoretical knowledge;
(D) communications, problem-solving, teamwork, and
employability skills; and
(E) the ability to acquire additional knowledge and skills
throughout a lifetime;
(2) students participating in vocational education can
achieve challenging academic and technical skills, and may
learn better and retain more, when the students learn in
context, learn by doing, and have an opportunity to learn and
understand how academic, vocational, and technological skills
are used outside the classroom;
(3)(A) many high school graduates in the United States do
not complete a rigorous course of study that prepares the
graduates for completing a 2-year or 4-year college degree or
for entering high-skill, high-wage careers;
(B) adult students are an increasingly diverse group and
often enter postsecondary education unprepared for academic
and technical work; and
(C) certain individuals often face great challenges in
acquiring the knowledge and skills needed for successful
employment;
(4) community colleges, technical colleges, and area
vocational education schools are offering adults a gateway to
higher education, and access to quality certificates and
degrees that increase their skills and earnings, by--
(A) ensuring that the academic, vocational, and
technological skills gained by students adequately prepare
the students for the workforce; and
(B) enhancing connections with employers and 4-year
institutions of higher education;
(5) local, State, and national programs supported under the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.) (as such Act was in effect on
the day before the date of enactment of this Act) have
assisted many students in obtaining technical, academic, and
employability skills, and tech-prep education;
(6) the Federal Government can assist States and localities
by carrying out nationally significant research, program
development, demonstration, dissemination, evaluation, data
collection, professional development, and technical
assistance activities that support State and local efforts
regarding vocational education; and
(7) through a performance partnership with States and
localities based on clear programmatic goals, increased State
and local flexibility, improved accountability, and
performance measures, the Federal Government will provide to
States and localities financial assistance for the
improvement and expansion of vocational education for
students participating in vocational education.
(b) Purpose.--The purpose of this title is to make the
United States more competitive in the
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world economy by developing more fully the academic,
vocational, and employability skills of secondary students
and postsecondary students who elect to enroll in vocational
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 technological
instruction, and that link secondary and postsecondary
education for participating vocational education students;
(3) increasing State and local flexibility in providing
services and activities designed to develop, implement, and
improve vocational education, including tech-prep education;
and
(4) disseminating national research, and providing
professional development and technical assistance, that will
improve vocational education programs, services, and
activities.
SEC. 103. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this title shall be used--
(1) to require any secondary school student to choose or
pursue a specific career path or major; and
(2) to mandate that any individual participate in a
vocational education program under this title.
Subtitle A--Vocational Education
CHAPTER 1--FEDERAL PROVISIONS
SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
(a) Reservations and State Allotment.--
(1) Reservations.--From the sum appropriated under section
171 for each fiscal year, the Secretary shall reserve--
(A) 0.2 percent to carry out section 113;
(B) 1.75 percent to carry out sections 114 and 115, of
which--
(i) 1.25 percent of the sum shall be available to carry out
section 114(b);
(ii) 0.25 percent of the sum shall be available to carry
out section 114(c); and
(iii) 0.25 percent of the sum shall be available to carry
out section 115; and
(C) 1.3 percent of the sum shall be used to carry out
sections 116, 163, 164, 165, and 166, of which not less than
0.65 percent of the sum shall be available to carry out
section 116.
(2) State allotment formula.--Subject to paragraphs (3) and
(4), from the remainder of the sums appropriated under
section 171 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 171 and not reserved under
paragraph (1) for such fiscal year. Amounts necessary for
increasing such payments to States to comply with the
preceding sentence shall be obtained by ratably reducing the
amounts to be paid to other States.
(B) Requirement.--Due to the application of subparagraph
(A), for any fiscal year, no State shall receive 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 this Act).
(C) Special rule.--
(i) In general.--Subject to paragraph (4), no State, by
reason 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 this Act);
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 this Act).
(4) Hold harmless.--
(A) In general.--No State shall receive an allotment under
this section for a fiscal year that is less than the
allotment the State received under part A of title I of the
Carl D. Perkins 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 this Act) for fiscal
year 1997.
(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), 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 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.
SEC. 112. PERFORMANCE MEASURES AND EXPECTED LEVELS OF
PERFORMANCE.
(a) Establishment of Performance Measures.--After
consultation with eligible agencies, local educational
agencies, eligible institutions, and other interested parties
(including representatives of business and representatives of
labor organizations), the Secretary shall establish and
publish performance measures described in this subsection to
assess the progress of each eligible agency in achieving the
following:
(1) Student mastery of academic skills.
(2) Student mastery of job readiness skills.
(3) Student mastery of vocational skill proficiencies for
students in vocational education programs, that are necessary
for the receipt of a secondary school diploma or its
recognized equivalent, or a secondary school skill
certificate.
(4) Receipt of a postsecondary degree or certificate.
(5) Placement in, retention in, and completion of,
secondary school education (as determined under State law)
and postsecondary education, and placement and retention
in employment and in military service, including for the
populations described in section 124(c)(16).
(6) Participation in and completion of nontraditional
vocational education programs.
(7) Other performance measures as determined by the
Secretary.
(b) Expected Levels of Performance.--In developing a State
plan, each eligible agency shall negotiate with the Secretary
the expected levels of performance for the performance
measures described in subsection (a).
SEC. 113. ASSISTANCE FOR THE OUTLYING AREAS.
(a) In General.--From the funds reserved under section
111(a)(1)(A), the Secretary--
(1) shall award a grant in the amount of $500,000 to Guam
for vocational education and training for the purpose of
providing direct educational services related to vocational
education, including--
(A) teacher and counselor training and retraining;
(B) curriculum development; and
(C) improving vocational education programs in secondary
schools and institutions of higher education, or improving
cooperative education programs involving both secondary
schools and institutions of higher education;
(2) shall award a grant in the amount of $600,000 to the
United States Virgin Islands for vocational education for the
purpose described in paragraph (1); and
(3) shall award a grant in the amount of $190,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands for vocational education for the purpose
described in paragraph (1).
(b) Special Rule.--
(1) In general.--From funds reserved under section
111(a)(1)(A) and not awarded under subsection (a), the
Secretary shall make available
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the amount awarded to the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
under section 101A 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 this Act)
to award grants under the succeeding sentence. From the
amount made available under the preceding sentence, the
Secretary shall award grants, to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau for the purpose described in subsection
(a)(1).
(2) Award basis.--The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility.--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, 2004.
(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
SEC. 114. INDIAN AND HAWAIIAN NATIVE PROGRAMS.
(a) Definitions; Authority of Secretary.--
(1) Definitions.--For the purpose of this section--
(A) the term ``Act of April 16, 1934'' means the Act
entitled ``An Act authorizing the Secretary of the Interior
to arrange with States or territories for the education,
medical attention, relief of distress, and social welfare of
Indians, and for other purposes'', enacted April 16, 1934 (48
Stat. 596; 25 U.S.C. 452 et seq.);
(B) the term ``Bureau funded school'' has the meaning given
the term in section 1146 of the Education Amendments of 1978
(25 U.S.C. 2026); and
(C) the term ``Hawaiian native'' means any individual any
of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
(2) Authority.--From the funds reserved pursuant to section
111(a)(1)(B), the Secretary shall award grants and enter into
contracts for Indian and Hawaiian native programs in
accordance with this section, except that such programs shall
not include secondary school programs in Bureau funded
schools.
(b) Indian Programs.--
(1) Authority.--
(A) In general.--Except as provided in subparagraph (B),
from the funds reserved pursuant to section 111(a)(1)(B)(i),
the Secretary is directed--
(i) upon the request of any Indian tribe, or a tribal
organization serving an Indian tribe, which is eligible to
contract with the Secretary of the Interior for the
administration of programs under the Indian Self-
Determination Act (25 U.S.C. 450 et seq.) or under the Act of
April 16, 1934; or
(ii) upon an application received from a Bureau funded
school offering postsecondary or adult education programs
filed at such time and under such conditions as the Secretary
may prescribe,
to make grants to or enter into contracts with any Indian
tribe or tribal organization, or to make a grant to such
Bureau funded school, as appropriate, to plan, conduct, and
administer programs or portions of programs authorized by,
and consistent with the purpose of, this title.
(B) Requirements.--The grants or contracts described in
subparagraph (A), shall be subject to the following:
(i) Tribal organizations.--Such grants or contracts with
any 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.
(ii) Bureau funded schools.--Such grants to Bureau funded
schools shall not be subject to the requirements of the
Indian Self-Determination Act (25 U.S.C. 450f et seq.) or the
Act of April 16, 1934.
(C) Application.--Any Indian tribe, tribal organization, or
Bureau funded school eligible to receive assistance under
this paragraph may apply individually or as part of a
consortium with another such Indian tribe, tribal
organization, or Bureau funded school.
(D) Performance measures and evaluation.--Any Indian tribe,
tribal organization, or Bureau funded school that receives
assistance under this section shall--
(i) establish performance measures and expected level of
performance to be achieved by students served under this
section; and
(ii) evaluate the quality and effectiveness of activities
and services provided under this subsection.
(E) Minimum.--In the case of a Bureau funded school, the
minimum amount of a grant awarded or contract entered into
under this section shall be $35,000.
(F) Restrictions.--The Secretary may not place upon grants
awarded or contracts entered into under this paragraph 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 education programs, and
shall give special consideration to--
(i) grants or contracts which involve, coordinate with, or
encourage tribal economic development plans; and
(ii) applications from tribally controlled community
colleges that--
(I) are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an
institution of postsecondary vocational education; or
(II) operate vocational education programs that are
accredited or are candidates for accreditation by a
nationally recognized accreditation organization, and issue
certificates for completion of vocational education programs.
(G) Stipends.--
(i) In general.--Funds received pursuant to grants or
contracts described in subparagraph (A) may be used to
provide stipends to students who are enrolled in vocational
education programs and who have acute economic needs which
cannot be met through work-study programs.
(ii) Amount.--Stipends described in clause (i) shall not
exceed reasonable amounts as prescribed by the Secretary.
(2) Matching.--If sufficient funding is 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 no less than the amount
expended during the prior fiscal year on vocational education
programs, services, and 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.
(3) Special rule.--Programs funded under this subsection
shall be in addition to such other programs, services, and
activities as are made available to eligible Indians under
other provisions of this Act.
(c) Hawaiian Native Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary is
directed, to award grants or enter into contracts with
organizations primarily serving and representing Hawaiian
natives 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
purpose of this title, for the benefit of Hawaiian natives.
SEC. 115. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
INSTITUTIONS.
(a) In General.--It is the purpose of this section to
provide grants for the operation and improvement of tribally
controlled postsecondary vocational institutions to ensure
continued and expanded educational opportunities for Indian
students, and to allow for the improvement and expansion of
the physical resources of such institutions.
(b) Grants Authorized.--From the funds reserved pursuant to
section 111(a)(1)(B)(iii), the Secretary shall make grants to
tribally controlled postsecondary vocational institutions to
provide basic support for the vocational education and
training of Indian students.
(c) Eligible Grant Recipients.--To be eligible for
assistance under this section a tribally controlled
postsecondary vocational institution shall--
(1) be governed by a board of directors or trustees, a
majority of whom are Indians;
(2) demonstrate adherence to stated goals, a philosophy, or
a plan of operation which 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;
(3) have been in operation for at least 3 years;
(4) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational education; and
(5) enroll the full-time equivalency of not less than 100
students, of whom a majority are Indians.
(d) Grant Requirements.--
(1) Applications.--Any tribally controlled postsecondary
vocational institution that desires to receive a grant under
this section shall submit an application to the Secretary.
Such application shall include a description of recordkeeping
procedures for the expenditure of funds received under this
section that will allow the Secretary to audit and monitor
programs.
(2) Number.--The Secretary shall award not less than 2
grants under this section for each fiscal year.
(3) Consultation.--In awarding grants under this section,
the Secretary shall, to the extent practicable, consult with
the boards of trustees of, and the tribal governments
chartering, the institutions desiring the grants.
(4) Limitation.--Amounts made available through grants
under this section shall not be used in connection with
religious worship or sectarian instruction.
(e) Uses of Grants.--
(1) In general.--The Secretary shall, subject to the
availability of appropriations, provide for each program year
to each tribally controlled vocational 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
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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) Effect on 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
institution from receiving Federal financial assistance under
any program authorized under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) or any other applicable program for
the benefit of institutions of higher education or vocational
education.
(2) Prohibition on alteration of grant amount.--The amount
of any grant for which tribally controlled postsecondary
vocational 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 institution for which an Indian
tribe has designated a portion of the funds appropriated for
the tribe from funds appropriated under such Act of November
2, 1921, may be denied a contract for such portion under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b et seq.) (except as 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 goals and requirements of the Personal
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