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WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997


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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. [[Page S3964]] 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 [[Page S3965]] 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. [[Page S3966]] (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 [[Page S3967]] 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 [[Page S3968]] 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 [[Page S3969]] 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

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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. [[Page S3964]] 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 [[Page S3965]] 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. [[Page S3966]] (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 [[Page S3967]] 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 [[Page S3968]] 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 [[Page S3969]] 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

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WORKFORCE INVESTMENT PARTNERSHIP ACT OF 1997


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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. [[Page S3964]] 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 [[Page S3965]] 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. [[Page S3966]] (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 [[Page S3967]] 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 [[Page S3968]] 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 [[Page S3969]] 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

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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. [[Page S3964]] 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 [[Page S3965]] 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. [[Page S3966]] (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 [[Page S3967]] 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 [[Page S3968]] 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 [[Page S3969]] 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

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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. [[Page S3964]] 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 [[Page S3965]] 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. [[Page S3966]] (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 [[Page S3967]] 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 [[Page S3968]] 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 [[Page S3969]] 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

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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. [[Page S3964]] 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 [[Page S3965]] 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. [[Page S3966]] (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 [[Page S3967]] 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 [[Page S3968]] 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 [[Page S3969]] 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

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