------------------------------------------------------------------------------- BILL TEXT Report for H.R.7 As finally approved by the House and Senate (Enrolled) ------------------------------------------------------------------------------ H.R.7 One Hundred First Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the twenty-third day of January, one thousand nine hundred and ninety An Act To amend the Carl D. Perkins Vocational Education Act to improve the provision of services under such Act and to extend the authorities contained in such Act through the fiscal year 1995, and for other purposes. ============================== Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) This Act.--This Act may be cited as the "Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990". (b) Amendments.--Section 1 of the Carl D. Perkins Vocational Education Act (in this Act referred to as the "Act") (20 U.S.C. 2301 note) is amended to read as follows: "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'. "(b) Table of Contents.--The table of contents for this Act is as follows: "TABLE OF CONTENTS "Sec. 1. Short title; table of contents. "Sec. 2. Statement of purpose. "Sec. 3. Authorization of appropriations. "TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES "Part A--Allotment and Allocation "Sec. 101. Allotment. "Sec. 101A. The territories. "Sec. 102. Within State allocation. "Sec. 103. Indian and Hawaiian natives programs. "Part B--State Organizational and Planning Responsibilities "Sec. 111. State administration. "Sec. 112. State council on vocational education. "Sec. 113. State plan. "Sec. 114. State plan approval. "Sec. 115. State and local standards and measures. "Sec. 116. State assessment and evaluation. "Sec. 117. Program evaluation and improvement. "Sec. 118. Criteria for services and activities for individuals who are members of special populations. "TITLE II--BASIC STATE GRANTS FOR VOCATIONAL EDUCATION "Part A--State Programs "Sec. 201. State programs and State leadership. "Part B--Other State-Administered Programs "Subpart 1--Programs to Provide Single Parents, Displaced Homemakers, and Single Pregnant Women With Marketable Skills and to Promote the Elimination of Sex Bias "Sec. 221. Programs for single parents, displaced homemakers, and single pregnant women. "Sec. 222. Sex equity programs. "Sec. 223. Competitive award of amounts; evaluation of programs. "Subpart 2--Corrections Education "Sec. 225. Programs for criminal offenders. "Part C--Secondary, Postsecondary, and Adult Vocational Education Programs "Subpart 1--Within State Allocation "Sec. 231. Distribution of funds to secondary school programs. "Sec. 232. Distribution of funds to postsecondary and adult programs. "Sec. 233. Special rule for minimal allocation. "Sec. 234. Reallocation. "Subpart 2--Uses of Funds "Sec. 235. Uses of funds. "Subpart 3--Local Application "Sec. 240. Local application. "TITLE III--SPECIAL PROGRAMS "Part A--State Assistance for Vocational Education Support Programs by Community-Based Organizations "Sec. 301. Applications. "Sec. 302. Uses of funds. "Part B--Consumer and Homemaking Education "Sec. 311. Consumer and homemaking education grants. "Sec. 312. Use of funds from consumer and homemaking education grants. "Sec. 313. Information dissemination and leadership. "Part C--Comprehensive Career Guidance and Counseling Programs "Sec. 321. Grants for career guidance and counseling. "Sec. 322. Use of funds from career guidance and counseling grants. "Sec. 323. Information dissemination and leadership. "Part D--Business-Labor-Education Partnership for Training "Sec. 331. Findings and purpose. "Sec. 332. Authorization of grants. "Sec. 333. Use of funds. "Part E--Tech-Prep Education "Sec. 341. Short title. "Sec. 342. Findings and purpose. "Sec. 343. Program authorized. "Sec. 344. Tech-prep education programs. "Sec. 345. Applications. "Sec. 346. Reports. "Sec. 347. Definitions. "Part F--Supplementary State Grants for Facilities and Equipment and Other Program Improvement Activities "Sec. 351. Statement of purpose. "Sec. 352. Allotment to States. "Sec. 353. Allocation to local educational agencies. "Sec. 354. Uses of funds. "Sec. 355. State applications. "Sec. 356. Local applications. "Part G--Community Education Employment Centers and Vocational Education Lighthouse Schools "Subpart 1--Community Education Employment Centers "Sec. 361. Short title. "Sec. 362. Purpose. "Sec. 363. Program authorized. "Sec. 364. Program requirements. "Sec. 365. Support services requirements. "Sec. 366. Parental and community participation. "Sec. 367. Professional staff. "Sec. 368. Eligibility. "Sec. 369. Application. "Sec. 370. Evaluation and report. "Sec. 371. Definitions. "Subpart 2--Vocational Education Lighthouse Schools "Sec. 375. Vocational education lighthouse schools. "Part H--Tribally Controlled Postsecondary Vocational Institutions "Sec. 381. Short title. "Sec. 382. Purpose. "Sec. 383. Grants authorized. "Sec. 384. Eligible grant recipients. "Sec. 385. Grants to tribally controlled postsecondary vocational institutions. "Sec. 386. Amounts of grants. "Sec. 387. Effect on other programs. "Sec. 388. Grant adjustments. "Sec. 389. Report on facilities and facilities improvement. "Sec. 390. Definitions. "TITLE IV--NATIONAL PROGRAMS "Part A--Research and Development "Sec. 401. Research objectives. "Sec. 402. Research activities. "Sec. 403. National assessment of vocational education programs. "Sec. 404. National Center or Centers for Research in Vocational Education. "Part B--Demonstration Programs "Sec. 411. Programs authorized. "Sec. 412. Materials development in telecommunications. "Sec. 413. Demonstration centers for the training of dislocated workers. "Sec. 414. Professional development. "Sec. 415. Blue ribbon vocational education programs. "Sec. 416. Development of business and education standards. "Sec. 417. Educational programs for Federal correctional institutions. "Sec. 418. Dropout prevention. "Sec. 419. Model programs of regional training for skilled trades. "Sec. 420. Demonstration projects for the integration of vocational and academic learning. "Sec. 420A. Cooperative Demonstration Programs. "Part C--Vocational Education and Occupational Information Data Systems "Sec. 421. Data systems authorized. "Sec. 422. National Occupational Information Coordinating Committee. "Sec. 423. Information base for vocational education data system. "Sec. 424. Miscellaneous provisions. "Part D--National Council on Vocational Education "Sec. 431. Council established. "Part E--Bilingual Vocational Training "Sec. 441. Program authorized. "Part F--General Provisions "Sec. 451. Distribution of assistance. "TITLE V--GENERAL PROVISIONS "Part A--Federal Administrative Provisions "Sec. 501. Payments. "Sec. 502. Maintenance of effort. "Sec. 503. Authority to make payments. "Sec. 504. Regional meetings and negotiated rulemaking. "Sec. 505. Requirements relating to reports, plans, and regulations. "Sec. 506. Federal laws guaranteeing civil rights. "Sec. 507. Student assistance and other Federal programs. "Sec. 508. Federal monitoring. "Part B--State Administrative Provisions "Sec. 511. Joint funding. "Sec. 512. Review of regulations. "Sec. 513. Identification of State-imposed requirements. "Sec. 514. Prohibition on use of funds to induce out-of-State relocation of businesses. "Sec. 515. State administrative costs. "Sec. 516. Additional administrative requirements. "Part C--Definitions "Sec. 521. Definitions.". SEC. 2. STATEMENT OF PURPOSE. Section 2 of the Act (20 U.S.C. 2301) is amended to read as follows: "SEC. 2. STATEMENT OF PURPOSE. "It is the purpose of this Act to make the United States more competitive in the world economy by developing more fully the academic and occupational skills of all segments of the population. This purpose will principally be achieved through concentrating resources on improving educational programs leading to academic and occupational skill competencies needed to work in a technologically advanced society.". SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 3 of the Act (20 U.S.C. 2302) is amended to read as follows: "SEC. 3. AUTHORIZATION OF APPROPRIATIONS. "(a) In General.--There are authorized to be appropriated $1,600,000,000 for the fiscal year 1991 and such sums as may be necessary for each of the fiscal years 1992, 1993, 1994, and 1995 to carry out the provisions of titles I, II, III, and IV of this Act. "(b) Title I.--(1) Of the amounts remaining from amounts made available under subsection (a) after providing amounts for the programs described in paragraph (2) and subsections (d) and (f)-- "(A) 1.5 percent shall be available to carry out the provisions of section 103, relating to Indian and Hawaiian natives programs; and "(B) .2 percent shall be available to carry out the provisions of section 101A, relating to the territories. "(2) Of the amounts made available in the fiscal year 1991 under subsection (a), not more than $9,000,000 shall be available to carry out the provisions of section 112, relating to State councils on vocational education. "(c) Basic Programs.--Of the amounts remaining from amounts made available under subsection (a) after providing amounts for the programs described in subsections (b)(2), (d), and (f), 95.8 percent shall be available to carry out the provisions of title II, relating to basic programs. "(d) Special Programs.--(1) Subject to paragraph (2), of the amounts made available under subsection (a) for the fiscal year 1991-- "(A) not more than $15,000,000 shall be available to carry out the provisions of part A of title III, relating to State assistance for vocational education support programs by community-based organizations; "(B) not more than $38,500,000 shall be available to carry out the provisions of part B of title III, relating to consumer and homemaking education; "(C) not more than $20,000,000 shall be available to carry out the provisions of part C of title III, relating to comprehensive career guidance and counseling programs; "(D) not more than $10,000,000 shall be available to carry out the provisions of part D of title III, relating to business-labor-education partnerships; "(E) not more than $125,000,000 shall be available to carry out the provisions of part E of title III, relating to tech-prep education; "(F) not more than $100,000,000 shall be available to carry out the provisions of part F of title III, relating to supplementary State grants for facilities and equipment and other program improvement activities; "(G) not more than $10,000,000 shall be available to carry out the provisions of part G of title III, of which-- "(i) an amount equal to 75 percent of the amounts made available to carry out such part shall be available to carry out the provisions of subpart 1 of such part, relating to community education employment centers; and "(ii) an amount equal to 25 percent of the amounts made available to carry out such part shall be available to carry out the provisions of subpart 2 of such part, relating to vocational education lighthouse schools; and "(H) not more than $4,000,000 shall be available to carry out the provisions of part H of title III, relating to tribally controlled postsecondary vocational institutions. "(2) Notwithstanding the provisions of paragraph (1), amounts shall be available to carry out the provisions of part C, D, or G of title III in any fiscal year only to the extent that the amount available for such fiscal year to carry out the provisions of title II exceeds $1,000,000,000. "(e) National Programs.--For each fiscal year, of the amounts remaining from amounts available pursuant to subsection (a) after providing amounts for the programs described in subsections (b)(2), (d), and (f), 2.5 percent of such remainder shall be available to carry out the provisions of title IV (other than parts D and E), relating to national programs. "(f) Other National Programs.--(1) Of amounts made available under subsection (a) for the fiscal year 1991, not more than $350,000 shall be available to carry out the provisions of part D of title IV, relating to the National Council on Vocational Education. "(2) Of amounts made available under subsection (a) for the fiscal year 1991, not more than $10,000,000 shall be available to carry out the provisions of part E of title IV, relating to bilingual vocational training programs.". SEC. 4. INTERDEPARTMENTAL TASK FORCE ON COORDINATION OF VOCATIONAL EDUCATION AND RELATED PROGRAMS. (a) Establishment.--There is established the Interdepartmental Task Force on Vocational Education and Related Programs (in this section referred to as the "Task Force"). (b) Membership.--The Task Force shall consist of the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, and such other personnel of the Department of Education, the Department of Labor, and the Department of Health and Human Services as the Secretaries consider appropriate. (c) Duties.--The Task Force shall-- (1) examine principal data required for programs under the Adult Education Act, the Carl D. Perkins Vocational and Applied Technology Education Act, the Job Training Partnership Act, the Rehabilitation Act of 1973, and the Wagner-Peyser Act; (2) examine possible common objectives, definitions, measures, and standards for such programs; and (3) consider integration of research and development conducted with Federal assistance in the area of vocational education and related areas, including areas of emerging technologies. (d) Report to Congress.--The Task Force shall, every 2 years, submit a report on its findings to the appropriate committees of the Congress. SEC. 5. JOINT FUNDING. (a) Job Training Partnership Act.--(1) Section 123 of the Job Training Partnership Act (29 U.S.C. 1533) is amended by adding at the end the following new subsection: "(e)(1) Sums available for this section pursuant to section 202(b)(1) may be used to provide additional funds under an applicable program if-- "(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; "(B) such program serves the same individuals that are served under this section; "(C) such program provides services in a coordinated manner with services provided under this section; and "(D) such funds would be used to supplement, and not supplant, funds provided from non-Federal sources. "(2) For purposes of this subsection, the term 'applicable program' means any program under any of the following provisions of law: "(A) The Carl D. Perkins Vocational and Applied Technology Education Act. "(B) The Wagner-Peyser Act.". (2) Section 204 of the Job Training Partnership Act (29 U.S.C. 1604) is amended-- (A) by inserting "(a)" after "Sec. 204."; and (B) by adding at the end the following new subsection: "(b)(1) Funds provided under this title may be used to provide additional funds under an applicable program if-- "(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; "(B) such program serves the same individuals that are served under this title; "(C) such program provides services in a coordinated manner with services provided under this title; and "(D) such funds would be used to supplement, and not supplant, funds provided from non-Federal sources. "(2) For purposes of this subsection, the term 'applicable program' means any program under any of the following provisions of law: "(A) The Carl D. Perkins Vocational and Applied Technology Education Act. "(B) The Wagner-Peyser Act.". (3) Section 314 of the Job Training Partnership Act (29 U.S.C. 1661c) is amended by adding at the end the following new subsection: "(g) Joint Funding.--(1) Funds allotted under section 302 may be used to provide additional funds under an applicable program if-- "(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; "(B) such program serves the same individuals that are served under this title; "(C) such program provides services in a coordinated manner with services provided under this title; and "(D) such funds would be used to supplement, and not supplant, funds provided from non-Federal sources. "(2) For purposes of this subsection, the term 'applicable program' means any program under any of the following provisions of law: "(A) The Carl D. Perkins Vocational and Applied Technology Education Act. "(B) The Wagner-Peyser Act.". (b) Wagner-Peyser Act.--Section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: "(c)(1) Funds made available to States under this section may be used to provide additional funds under an applicable program if-- "(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; "(B) such program serves the same individuals that are served under this Act; "(C) such program provides services in a coordinated manner with services provided under this Act; and "(D) such funds would be used to supplement, and not supplant, funds provided from non-Federal sources. "(2) For purposes of this subsection, the term 'applicable program' means any program under any of the following provisions of law: "(A) The Carl D. Perkins Vocational and Applied Technology Education Act. "(B) Section 123, title II, and title III of the Job Training Partnership Act.". TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES PART A--ALLOTMENT AND ALLOCATION SEC. 101. ALLOTMENT. (a) In General.--Section 101 of the Act (20 U.S.C. 2311) is amended-- (1) in subsection (a)-- (A) by amending paragraph (1) to read as follows: "(1) In each fiscal year, of the amounts remaining from amounts made available under section 3(a) after providing amounts for the programs described in subsections (b)(2), (d), and (f) of section 3, the Secretary shall reserve-- "(A) 2.5 percent for the activities described in title IV (other than parts D and E); "(B) 1.5 percent for the purpose of carrying out section 103, of which-- "(i) 1.25 percent shall be for the purpose of carrying out section 103(b); and "(ii) .25 percent shall be for the purpose of carrying out section 103(c); and "(C) .2 percent for the purpose of carrying out section 101A."; (B) in paragraph (3)-- (i) in clause (i) of subparagraph (B)-- (I) by striking "subparagraph (A)" and inserting "subparagraphs (A), (C), and (D)"; and (II) by striking "(D), or (E)" each place it appears and inserting "or (D)"; (ii) by amending subparagraph (C) to read as follows: "(C) In the case of the Virgin Islands, the minimum allotment for all programs under this Act shall not be less than $200,000."; (iii) by adding at the end the following: "(D)(i) Subject to clause (iii), no State shall, by reason of subparagraph (B), be allotted more than the lesser of-- "(I) 150 percent of the amount that the State received in the preceding fiscal year; and "(II) the amount calculated under clause (ii). "(ii) 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. "(iii) Notwithstanding the provisions of clauses (i) and (ii), no State shall be allotted an amount under this section in any fiscal year that is less than the amount such State is allotted in the fiscal year 1991."; (2) in subparagraph (B) of subsection (c)(1), by striking ", Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands" each place such phrase appears and inserting "and the Virgin Islands"; and (3) by adding at the end the following: "(d) For the purpose of this section, the term 'State' means any 1 of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the Virgin Islands.". (b) The Territories.--Part A of title I of the Act (20 U.S.C. 2311 et seq.) is amended by inserting after section 101 the following: "SEC. 101A. THE TERRITORIES. "(a) The Territories.--From funds reserved pursuant to section 101(a)(1)(C), the Secretary shall-- "(1) make a grant in the amount of $500,000 to Guam; and "(2) make a grant in the amount of $190,000 to each of American Samoa, the Commonwealth of the Northern Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99-658). "(b) Remainder.--Subject to the provisions of subsection (a), the Secretary shall make a grant of the remainder of funds reserved pursuant to section 101(a)(1)(C) to the Center for the Advancement of Pacific Education, Honolulu, Hawaii, or its successor entity as the Pacific regional educational laboratory to make grants for vocational education and training in Guam, American Samoa, Palau, the Commonwealth of the Northern Marianas, the Federated States of Micronesia, and the Republic of the Marshall Islands, for the purpose of providing direct educational services, including-- "(1) teacher and counselor training and retraining; "(2) curriculum development; and "(3) improving vocational education and training programs in secondary schools and institutions of higher education, or improving cooperative programs involving both secondary schools and institutions of higher education. "(c) Limitation.--The Center for the Advancement of Pacific Education may use not more than 5 percent of the funds received pursuant to subsection (b) for administrative costs.". SEC. 102. WITHIN STATE ALLOCATION. Section 102 of the Act (20 U.S.C. 2312) is amended to read as follows: "SEC. 102. WITHIN STATE ALLOCATION. "(a) Programs Other Than State Grants.--From the allotment made to each State from funds appropriated under section 3(a) for each fiscal year-- "(1) an amount equal to at least 75 percent of the allotment shall be available only for basic programs under part C of title II; "(2) an amount equal to 10.5 percent of the allotment shall be available only for the program for single parents, displaced homemakers, and single pregnant women described in section 221 and the sex equity program described in section 222, of which-- "(A) not less than 7 percent of such allotment shall be reserved for the program for single parents, displaced homemakers, and single pregnant women; and "(B) not less than 3 percent of such allotment shall be reserved for the sex equity program; "(3) an amount equal to not more than 8.5 percent of the allotment shall be available only for State programs and activities described in section 201; "(4) the State may use for administration of the State plan an amount that does not exceed 5 percent of the allotment or $250,000, whichever is greater, of which-- "(A) not less than $60,000 shall be available only for purposes of carrying out the provisions of section 111(b)(1); and "(B) remaining amounts may be used for the costs of-- "(i) developing the State plan; "(ii) reviewing local applications; "(iii) monitoring and evaluating program effectiveness; "(iv) providing technical assistance; and "(v) assuring compliance with all applicable Federal laws, including required services and activities for individuals who are members of special populations; and "(5) an amount equal to 1 percent of the allotment shall be available only for programs for criminal offenders under section 225. "(b) Matching Requirement.--Each State receiving financial assistance under this Act shall match, from non-Federal sources and on a dollar-for-dollar basis, the funds reserved pursuant to subsection (a)(4). "(c) Hold Harmless Provision.--(1) Except as provided in paragraph (2) and notwithstanding the provisions of subsection (a), each State shall reserve for the program for single parents, displaced homemakers, and single pregnant women under section 221, the sex equity program under section 222, and the program for criminal offenders under section 225, respectively, an amount that is not less than the amount such State reserved for each such program in the fiscal year 1990. "(2) In any year in which a State receives an amount for purposes of carrying out programs under title II that is less than the amount such State received for such purposes in the fiscal year 1990, such State shall ratably reduce the amounts reserved under paragraph (1).". SEC. 103. INDIAN AND HAWAIIAN NATIVES PROGRAMS. Paragraph (1) of section 103(b) of the Act (20 U.S.C. 2313) is amended to read as follows: "(1)(A) From the funds reserved pursuant to section 101(a)(1)(B)(i), the Secretary is directed-- "(i) upon the request of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or under the Act of April 16, 1934; or "(ii) upon an application received from a Bureau funded school (as such term is defined in section 1139(3) of the Education Amendments of 1978) offering secondary programs filed at such time and under such conditions as the Secretary may prescribe, to make grants to or enter into contracts with any tribal organization of any such Indian tribe 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 purposes of this Act, except that-- "(I) 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 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 sentence; and "(II) such grants to Bureau funded schools shall not be subject to the requirements of the Indian Self-Determination Act or the Act of April 16, 1934. "(B)(i) Any tribal organization or school eligible to receive assistance under this paragraph may apply individually or as part of a consortium with another such tribal organization or school. "(ii) In the case of a Bureau funded school, the minimum amount of a grant made under this section shall be $35,000. "(C) The Secretary may not place upon grants made or contracts entered into under this paragraph any restrictions relating to programs or outcomes other than restrictions which apply to grants made to or contracts entered into with States under section 101. The Secretary, in making grants under this paragraph, shall give special consideration to-- "(i) grants which involve, coordinate with, or encourage tribal economic development plans; and "(ii) applications from tribally controlled community colleges which-- "(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.". PART B--STATE ORGANIZATIONAL AND PLANNING RESPONSIBILITIES SEC. 111. STATE ADMINISTRATION. Section 111 of the Act (20 U.S.C. 2321) is amended-- (1) in subsection (a)(1)(A), by striking "113(b)(9)" and inserting "113(b)(8), section 116, and section 117"; (2) in subsection (a)(1)(C), by inserting ", including business, industry, and labor," before "involved"; (3) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking "201(f)" and inserting "221"; and (ii) by striking "201(g)" and inserting "222"; (B) by redesignating subparagraphs (C), (D), (E), (F), and (G), as subparagraphs (D), (E), (F), (G), and (H), respectively; (C) by striking "and" at the end of subparagraph (F) (as redesignated by subparagraph (B) of this paragraph); (D) by striking the period at the end of subparagraph (G) (as redesignated by subparagraph (B) of this paragraph) and inserting a semicolon; and (E) by inserting after subparagraph (B) the following: "(C) reviewing and commenting upon, and making recommendations concerning, the plans of local educational agencies, area vocational education schools, intermediate educational agencies, and postsecondary educational institutions to ensure that the needs of women and men for training in nontraditional jobs are met;"; and (F) by adding at the end the following: "(I) developing an annual plan for the use of all funds available for such programs; "(J) managing the distribution of funds pursuant to section 223; "(K) monitoring the use of funds distributed to recipients under such programs; and "(L) evaluating the effectiveness of programs and activities supported by such funds."; (4) in subsection (b)(3) by inserting "from funds allocated under section 102(a)(4)(A)" before "expend"; (5) by striking subsection (e); (6) by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; and (7) by inserting the following new subsections after subsection (b): "(c) Review of Plans With Respect to Students With Handicaps.--(1) Any State desiring to participate in the programs authorized by this Act shall designate or assign the head of the State office responsible for administering part B of the Education of the Handicapped Act to review the implementation of the provisions of this Act as such provisions relate to students with handicaps by reviewing all or a representative sample of plans of eligible recipients to-- "(A) assure that individuals with handicaps are receiving vocational educational services; "(B) assure that the plans of the eligible recipient provide assurances of compliance with the provisions of section 504 of the Rehabilitation Act of 1973 and the Education of Handicapped Act regarding equal access to programs; and "(C) assure that the eligible recipients have-- "(i) identified the number of students with handicaps enrolled in vocational programs operated by the eligible recipient; "(ii) assessed the vocational needs of the students identified pursuant to clause (i); and "(iii) developed an adequate plan to provide supplementary services sufficient to meet the needs of such students. "(2) For purposes of this subsection and subsections (d) and (e), the term 'State' means any 1 of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. "(d) Needs of Economically Disadvantaged Students.--Any State desiring to participate in the programs authorized by this Act shall assign the head of the State office or other appropriate individual responsible for coordinating services under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 to review all or a representative sample of plans of the eligible recipients to ensure that the number of economically disadvantaged students have been identified, and that the needs of such students are being met as outlined by such plans. "(e) Needs of Students of Limited English Proficiency.--Any State desiring to participate in the programs authorized by this Act shall designate or assign the head of the State office or other appropriate individual responsible for administering programs for students of limited English proficiency to review all or a representative sample of the plans of the eligible recipients to ensure the numbers of students of limited English proficiency have been identified and that the needs of such students for participation in vocational education programs are being met as outlined by such plans.". SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION. Section 112 of the Act (20 U.S.C. 2322) is amended-- (1) in subsection (a)(1)(A), by inserting "trade organizations," after "industry,"; (2) in subsection (a)(2), by striking the period at the end and inserting "and may include members of vocational student organizations and school board members."; (3) in subsection (a), by inserting the following new sentence at the end of the matter following paragraph (2): "No employee of the State board shall serve on the State council."; (4) in subsection (d)(2), by-- (A) striking "advise" and inserting "make recommendations to"; (B) redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (C) inserting the following new subparagraph (A) before subparagraph (B) (as redesignated by subparagraph (B) of this paragraph): "(A) the State plan;"; (5) in subsection (d)(8), by-- (A) striking "the individuals described in section 201(b)" and inserting "individuals who are members of special populations"; and (B) striking "and" at the end; (6) by striking subsection (d)(9) and inserting the following new paragraphs: "(9) analyze and review corrections education programs; and "(10)(A) evaluate at least once every 2 years-- "(i) the extent to which vocational education, employment, and training programs in the State represent a consistent, integrated, and coordinated approach to meeting the economic needs of the State; "(ii) the vocational education program delivery system assisted under this Act, and the job training program delivery system assisted under the Job Training Partnership Act, in terms of such delivery systems' adequacy and effectiveness in achieving the purposes of each of the 2 Acts; and "(iii) make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act; "(B) comment on the adequacy or inadequacy of State action in implementing the State plan; "(C) make recommendations to the State board on ways to create greater incentives for joint planning and collaboration between the vocational education system and the job training system at the State and local levels; and "(D) advise the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor regarding such evaluation, findings, and recommendations."; (7) in subsection (e) by inserting the following new sentences at the end: "Each State Council may submit a statement to the Secretary reviewing and commenting upon the State plan. Such statement shall be sent to the Secretary with the State plan."; (8) by amending subsection (f)(1)(A) to read as follows: "(f)(1)(A) Except as provided in subparagraph (B), from the sums appropriated pursuant to section 3(c), the Secretary shall first make grants of $150,000 to each State council. From the remainder of such sums the Secretary shall allot to each State council an amount in accordance with the method of allotment set forth in section 101(a)(2) of this Act, provided that-- "(i) no State council shall receive more than $250,000 for each fiscal year; "(ii) no State council shall receive less than $150,000 for each fiscal year; and "(iii) no State council shall receive less than such State council was allotted in the fiscal year 1990;"; and (9) by amending subsection (f)(1)(B) to read as follows: "(B) From the sums appropriated pursuant to section 3(c) for each fiscal year, the Secretary shall make grants of-- "(i) $60,000 to each of the State councils of the Virgin Islands and Guam; and "(ii) $25,000 to each of the State councils of American Samoa, Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99-658), and the Commonwealth of the Northern Mariana Islands.". SEC. 113. STATE PLAN. Section 113 of the Act (20 U.S.C. 2323) is amended to read as follows: "SEC. 113. STATE PLAN. "(a) In General.--(1)(A) Any State desiring to receive funds from its allotment for any fiscal year shall submit to the Secretary a State plan for a 3-year period, in the case of the initial plan, and a 2-year period thereafter, together with such annual revisions as the State board determines to be necessary. "(B) The planning periods required by subparagraph (A) shall be coterminous with the planning program periods required under section 104(a) of the Job Training Partnership Act. "(2)(A) In formulating the State plan (and amendments thereto), the State board shall meet with and utilize the State council established pursuant to section 112. "(B) The State board shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the State board's response shall be included with the State plan. "(3) In developing the State plan, the State shall conduct an assessment according to section 116. Such assessment shall include analysis of-- "(A) the relative academic, occupational, training, and retraining needs of secondary, adult, and postsecondary students; and "(B) the capability of vocational education programs to provide vocational education students, to the extent practicable, with-- "(i) strong experience in and understanding of all aspects of the industry the students are preparing to enter (including planning, management, finances, technical and production skills, underlying principles of technology, labor and community issues, and health, safety, and environmental issues); and "(ii) strong development and use of problem-solving skills and basic and advanced academic skills (including skills in the areas of mathematics, reading, writing, science, and social studies) in a technological setting. "(b) Contents.--Each State plan shall-- "(1) describe the procedures and the results of each of the assessments required by section 116(a), including the needs identified by such assessments; "(2) describe how uses of funds reflect the needs described in paragraph (1); "(3) provide assurances that, and where necessary a description of the manner in which, eligible recipients will comply with the requirements of titles I and II, including-- "(A) a description of the manner in which the State will comply with the criteria required for programs for individuals who are members of special populations and a description of the responsiveness of such programs to the special needs of such students; "(B) assurances that the State board will develop measurable goals and accountability measures for meeting the needs of individuals who are members of special populations; "(C) assurances that the State board will conduct adequate monitoring of programs conducted by eligible recipients to ensure that programs within the State are meeting the goals described in subparagraph (B); and "(D) assurances that, to the extent consistent with the number and location of individuals who are members of special populations who are enrolled in private secondary schools, provision is made for the participation of such individuals in the vocational education programs assisted under section 231; "(4) describe the estimated distribution of funds to corrections educational agencies as prescribed by section 225, the estimated distribution of funds to local educational agencies, area vocational education schools, or intermediate educational agencies as prescribed by section 231, and the planned estimated distribution of funds to eligible institutions as prescribed by section 232; "(5) provide assurances that the State will comply with the provisions of section 102, including assurances that the State will distribute not less than 75 percent of the funds made available for title II to eligible recipients pursuant to such title; "(6) describe the criteria the State board will use-- "(A) in approving applications of eligible recipients; and "(B) for spending the amounts reserved for the State under paragraphs (2) through (5) of section 102(a); "(7) describe how funds expended for occupationally specific training will be used for occupations in which job openings are projected or available, based on a labor market analysis; "(8) provide assurances that the State will develop and implement a system of standards for performance and measures of performance for vocational education programs at the State level that meets the requirements of section 115; "(9) describe, in each State plan submitted after the fiscal year 1991, the progress the State has made in achieving the goals described in previous State plans; "(10) provide such methods of administration as are necessary for the prompt and efficient administration of programs under this Act; "(11) provide assurances that, in the use of funds available for single parents, displaced homemakers, and single pregnant women under section 221, the State will emphasize assisting individuals with the greatest financial need, and that the State will give special consideration to displaced homemakers who because of divorce, separation, or the death or disability of a spouse must prepare for paid employment; "(12) provide assurances that the State will furnish relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their sex; "(13) describe how the State is implementing performance evaluations with eligible recipients as prescribed in section 117; "(14) describe the methods proposed for the joint planning and coordination of programs carried out under this Act with programs conducted under the Job Training Partnership Act, the Adult Education Act, chapter 1 of title I of the Elementary and Secondary Education Act of 1965, the Education of the Handicapped Act, and the Rehabilitation Act of 1973, and with apprenticeship programs; "(15) provide assurances that programs of personnel development and curriculum development shall be funded to further the goals identified in the State plan; "(16) provide assurances that the vocational education needs of identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that such needs are reflected in and addressed by the State plan; "(17) provide assurances that the State board will cooperate with the State council in carrying out the Board's duties under this part; "(18) provide assurances that none of the funds expended under this Act will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization; "(19) provide assurances that State and local funds will be used in the schools of each local educational agency that are receiving funds under this Act to provide services which, taken as a whole, are at least comparable to services being provided in schools in such agency which are not receiving such funds; "(20)(A) provide assurances that the State will provide leadership, supervision, and resources for comprehensive career guidance, vocational counseling, and placement programs; "(B) as a component of the assurances described in subparagraph (A), annually assess and report on the degree to which expenditures aggregated within the State for career guidance and vocational counseling from allotments under title II are not less than such expenditures for such guidance and counseling within the State in the fiscal year 1988; "(21) provide assurances that the State w