Home > 105th Congressional Bills > H.R. 1853 (enr) To amend the Carl D. Perkins Vocational and Applied Technology Education Act. ...H.R. 1853 (enr) To amend the Carl D. Perkins Vocational and Applied Technology Education Act. ...
105th CONGRESS
1st Session
H. R. 1853
_______________________________________________________________________
AN ACT
To amend the Carl D. Perkins Vocational and Applied Technology
Education Act.
105th CONGRESS
1st Session
H. R. 1853
_______________________________________________________________________
AN ACT
To amend the Carl D. Perkins Vocational and Applied Technology
Education Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carl D. Perkins Vocational-Technical
Education Act Amendments of 1997''.
SEC. 2. REFERENCES TO ACT.
(a) Short Title of Act.--Section 1(a) of the Act is amended by
striking ``(a) Short Title.--'' and further by striking ``Vocational
and Applied Technology'' and inserting ``Vocational-Technical''.
(b) References to Act.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a title, chapter, part, subpart, section,
subsection, or other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection, or other
provision of the Carl D. Perkins Vocational-Technology Education Act as
amended in subsection (a).
SEC. 3. TABLE OF CONTENTS.
Section 1(b) is repealed.
SEC. 4. PURPOSE.
Section 2 of the Act is amended to read as follows:
``SEC. 2. PURPOSE.
``It is the purpose of this Act to develop more fully the academic,
occupational, and technical skills of individuals participating in
vocational-technical education programs. This purpose will be achieved
through concentrating resources on improving vocational-technical
education programs leading to academic and technical skill competencies
needed to work in a technologically advanced society.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Act is amended--
(1) in subsection (a) by striking ``$1,600,000,000'' and
all that follows and inserting ``$1,300,000,000, for fiscal
year 1998 and such sums as may be necessary for each of the 4
succeeding fiscal years to carry out the provisions of titles I
and II.'';
(2) by amending subsection (b) to read as follows:
``(b) Title I.--Of the amounts made available under subsection
(a)--
``(1) 1.5 percent shall be reserved to carry out section
103, relating to Indian and Native Hawaiians programs; and
``(2) 0.2 percent shall be reserved to carry out section
101A, relating to the territories.''; and
(3) by amending subsection (c) to read as follows:
``(c) National Programs.--None of the funds made available under
this section for programs authorized under titles I, II, and part C of
title III, shall be used for any program authorized under part A of
title III.
(4) by striking subsections (d) through (f).
TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
SEC. 101. ALLOTMENT.
(a) In General.--Title I is amended by striking the matter
preceding the text of section 101 and inserting the following:
``TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``PART A--ALLOTMENT AND ALLOCATION
``SEC. 101. ALLOTMENT.''.
(b) Allotment.--
(1) Paragraphs (1) and (2) of section 101(a) are amended to
read as follows:
``(a) Specific Populations.--
``(1) In general.--In each fiscal year, from amounts made
available under section 3(a), the Secretary shall reserve--
``(A) 1.5 percent to carry out section 103, of
which--
``(i) 1.25 percent shall be available to
carry out section 103(c); and
``(ii) 0.25 percent shall be available to
carry out section 103(i); and
``(B) 0.2 percent for the purpose of carrying out
section 101A.
``(2) Remainder of funds.--From the remainder of the sums
appropriated pursuant to section 3, the Secretary shall allot
to each State for each fiscal year--
``(A) an amount which 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; and
``(B) an amount which bears the same ratio to 50
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.''.
(2) Paragraph (3) of section 101(a) is amended--
(A) by striking subparagraphs (A) and (C);
(B) by redesignating subparagraphs (B) and (D) as
(A) and (B), respectively;
(C) in subparagraph (A), as redesignated, by
striking clause (i), and inserting the following:
``(i) Notwithstanding any other provision
of law and subject to subparagraph (B) and
clause (ii), no State shall receive less than
\1/2\ of 1 percent of the amount available for
each such program for each fiscal year under
this subsection.''; and
(D) in subparagraph (A)(ii), as redesignated, by
striking ``or part A, B, C, D, or E of title III''.
(3) By amending subsection (c) to read as follows:
``(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 Puerto Rico and the
Virgin Islands), except that--
``(i) the allotment ratio in no case shall
be more than 0.55 or less than 0.40; and
``(ii) the allotment ratio for Puerto Rico
and the Virgin Islands shall be 0.55.
``(2) Allotment ratios.--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.--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.''.
SEC. 101A. THE TERRITORIES.
Section 101A of the Act is amended by inserting after subsection
(c) the following new subsection:
``(d) Restriction.--Notwithstanding any other provision of law, the
Republic of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau shall not receive any funds under this part
for any fiscal year that begins after September 30, 2001.''.
SEC. 102. WITHIN STATE ALLOTMENTS.
Section 102 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``at least'' and
all that follows through the semicolon and inserting
``an amount equal to not less than 90 percent of the
allotment shall be available for basic programs under
part B of title II;'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(D) in paragraph (2), as redesignated, by striking
``8.5'' and inserting ``8'' and further by adding after
the semicolon ``and'';
(E) in paragraph (3), as redesignated--
(i) by striking ``5'' and inserting ``2'';
(ii) by striking ``of which--'' and all
that follows through ``and'' at the end and
inserting the following:
``which may be used for the costs of--
``(A) developing the State application;
``(B) reviewing local applications;
``(C) monitoring and evaluating program
effectiveness; and
``(D) assuring compliance with all applicable
Federal laws.''; and
(F) by striking paragraph (5);
(2) in subsection (b) by striking ``(a)(4)'' and inserting
``(a)(3)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Rural and Urban Reserve.--A State may reserve not more than 5
percent of the allotment made under section 102(a)(1) to use for grants
to rural areas and not more than 5 percent of such allotment to use for
grants to urban areas.
``(d) Definitions.--For purposes of this section--
``(1) the term `rural area' means an area that is not in a
metropolitan statistical area;
``(2) the term `urban area' means an area that serves a
central city in a metropolitan statistical area; and
``(3) the terms `central city' and `metropolitan
statistical area' have the same meanings given such terms in
section 10952 of the Elementary and Secondary Education Act of
1965.''.
SEC. 103. INDIAN AND NATIVE HAWAIIAN PROGRAMS.
Section 103 of the Act is amended to read as follows:
``SEC. 103. NATIVE AMERICAN PROGRAM.
``(a) Indian Policy.--All programs assisted under this section
shall be administered in a manner consistent with the principles of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.) and the government-to-government relationship between the
Federal Government and Indian tribal governments.
``(b) Definitions.--As used in this section:
``(1) Alaska native.--The term `Alaska Native' means a
Native as such term is defined in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
``(2) Bureau funded.--The term `Bureau funded school'
means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided
under the Tribally Controlled Schools Act of 1988.
``(3) Indian, indian tribe, and tribal organization.--The
terms `Indian', `Indian tribe', and `tribal organization' have
the meanings given such terms in subsections (d), (e), and (l),
respectively, of section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
``(5) Native hawaiian and native hawaiian organization.--
The terms `Native Hawaiian' and `Native Hawaiian organization'
have the meanings given such terms in paragraphs (1) and (3),
respectively, of section 9212 of the Native Hawaiian Education
Act (20 U.S.C. 7912).
``(6) Tribally controlled community college.--The term
`tribally controlled community college' has the meaning given
such term in section 2(a)(4) of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C.
1801(a)(4)).
``(7) Tribally controlled postsecondary vocational
institution.--The term `tribally controlled postsecondary
vocational institution' means an institution of higher
education that--
``(A) is formally controlled, or has been formally
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