Home > 105th Congressional Bills > H.R. 1853 (eh) To amend the Carl D. Perkins Vocational and Applied Technology Education Act. ...

H.R. 1853 (eh) To amend the Carl D. Perkins Vocational and Applied Technology Education Act. ...


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                  In the Senate of the United States,

                                                         June 12, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
1853) entitled ``An Act to amend the Carl D. Perkins Vocational and 
Applied Technology Education Act.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Carl D. Perkins 
Vocational and Applied Technology Education Act of 1998''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Voluntary selection and participation.
Sec. 4. Construction.

                     TITLE I--VOCATIONAL EDUCATION

                     Subtitle A--Federal Provisions

Sec. 101. Reservations and State allotment.
Sec. 102. Performance measures and expected levels of performance.
Sec. 103. Assistance for the outlying areas.
Sec. 104. Indian and Hawaiian Native programs.
Sec. 105. Tribally controlled postsecondary vocational institutions.
Sec. 106. Incentive grants.

                      Subtitle B--State Provisions

Sec. 111. State administration.
Sec. 112. State use of funds.
Sec. 113. State leadership activities.
Sec. 114. State plan.

                      Subtitle C--Local Provisions

Sec. 121. Distribution for secondary school vocational education.
Sec. 122. Distribution for postsecondary vocational education.
Sec. 123. Local activities.
Sec. 124. Local application.
Sec. 125. Consortia.

                     TITLE II--Tech-Prep Education

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Program authorized.
Sec. 205. Tech-prep education programs.
Sec. 206. Applications.
Sec. 207. Authorization of appropriations.
Sec. 208. Demonstration program.

                     TITLE III--General Provisions

Sec. 301. Administrative provisions.
Sec. 302. Evaluation, improvement, and accountability.
Sec. 303. National activities.
Sec. 304. National assessment of vocational education programs.
Sec. 305. National research center.
Sec. 306. Data systems.
Sec. 307. Promoting scholar-athlete competitions.
Sec. 308. Definition.

               TITLE IV--Authorization of Appropriations

Sec. 401. Authorization of appropriations.

                            TITLE V--Repeal

Sec. 501. Repeal.

SEC. 2. 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 Act is to make the United States 
more competitive in the world economy by developing more fully the 
academic, technological, 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. 3. VOLUNTARY SELECTION AND PARTICIPATION.

    No funds made available under this Act shall be used--
            (1) to require any secondary school student to choose or 
        pursue a specific career path or major; and
            (2) to mandate that any individual participate in a 
        vocational education program, including a vocational education 
        program that requires the attainment of a federally funded 
        skill level or standard.

SEC. 4. CONSTRUCTION.

    Nothing in this Act shall be construed to permit, allow, encourage, 
or authorize any Federal control over any aspect of a private, 
religious, or home school, regardless of whether a home school is 
treated as a private school or home school under State law. This 
section shall not be construed to bar students attending private, 
religious, or home schools from participation in programs or services 
under this Act.

                     TITLE I--VOCATIONAL EDUCATION

                     Subtitle A--Federal Provisions

SEC. 101. RESERVATIONS AND STATE ALLOTMENT.

    (a) Reservations and State Allotment.--
            (1) Reservations.--From the sum appropriated under section 
        401 for each fiscal year, the Secretary shall reserve--
                    (A) 0.2 percent to carry out section 103;
                    (B) 1.80 percent to carry out sections 104 and 105, 
                of which--
                            (i) 1.25 percent of the sum shall be 
                        available to carry out section 104(b);
                            (ii) 0.25 percent of the sum shall be 
                        available to carry out section 104(c); and
                            (iii) 0.30 percent of the sum shall be 
                        available to carry out section 105; and
                    (C) 1.3 percent to carry out sections 106, 303, 
                304, 305, and 306, of which not less than 0.65 percent 
                of the sum shall be available to carry out section 106 
                for each of the fiscal years 2001 through 2005.
            (2) State allotment formula.--Subject to paragraphs (3) and 
        (4), from the remainder of the sums appropriated under section 
        401 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 401 
                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.

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