S. 1133 — Vocational Education Excellence Act of 1989

 
S 1133 IS
101st CONGRESS
1st Session
 S. 1133
To improve the operation of vocational education programs under the Carl
D. Perkins Vocational Education Act by promoting accountability, making the
Act more flexible, reducing administrative burden, and fostering economic
development and the improvement of vocational education personnel, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
June 6 (legislative day, JANUARY 3), 1989
Mrs. KASSEBAUM (for hemself and Mr. PELL) (by request) introduced the
following bill; which was read twice and referred to the Committee on Labor
and Human Resources
A BILL
To improve the operation of vocational education programs under the Carl
D. Perkins Vocational Education Act by promoting accountability, making the
Act more flexible, reducing administrative burden, and fostering economic
development and the improvement of vocational education personnel, and for
other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act may be cited as the
  `Vocational Education Excellence Act of 1989'.
VOCATIONAL EDUCATION IMPROVEMENTS
  SEC. 2. The Carl D. Perkins Vocational Education Act (20 U.S.C. 2301 et
  seq.) is amended to read as follows:
`SHORT TITLE; TABLE OF CONTENTS
  `SECTION 1. This Act may be cited as the `Carl D. Perkins Vocational
  Education Act'.
`TABLE OF CONTENTS
`Sec. 1. Short title; table of contents.
`Sec. 2. Statement of purpose.
`Sec. 3. Authorization of appropriations.
`Sec. 4. Definitions.
`TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES
`Part A--Allotment and Allocation
`Sec. 101. Allotment.
`Sec. 102. Payments for State administration; within State allocation.
`Sec. 103. Indian vocational education program.
`Part B--State Organizational and Planning Responsibilities
`Sec. 111. State administration.
`Sec. 112. State council on vocational education.
`Sec. 113. State plans.
`Sec. 114. Approval.
`Sec. 115. Local application.
`Part C--Federal Administrative Provisions
`Sec. 121. Payments.
`Sec. 122. Federal share.
`Sec. 123. Maintenance of effort.
`TITLE II--BASIC STATE GRANTS FOR VOCATIONAL EDUCATION
`Part A--Vocational Education Opportunities
`Sec. 201. Uses of funds.
`Sec. 202. Criteria for services and activities for the handicapped and
the disadvantaged.
`Part B--Vocational Education Program Improvement, Innovation, and Expansion
`Sec. 211. Uses of funds.
`TITLE III--NATIONAL PROGRAMS
`Sec. 301. Research and evaluation.
`Sec. 302. Demonstration programs.
`Sec. 303. Occupational information system.
`Sec. 304. Bilingual vocational training.
`STATEMENT OF PURPOSE
  `SEC. 2. It is the purpose of this Act to--
  `(1) assist States to develop, improve, and expand vocational education
  programs of high quality, so that through such assistance States are better
  able to meet the needs of the Nation's existing and future work force for
  marketable skills, improve productivity, and promote economic growth;
  `(2) provide States with flexible resources for improving access to
  high-quality vocational education programs for handicapped individuals,
  disadvantaged individuals, individuals with limited English proficiency,
  men and women who are entering occupations that are nontraditional for
  their gender, single parents, homemakers, single pregnant women, and
  individuals incarcerated in correctional institutions;
  `(3) strengthen the accountability of the Nation's vocational education
  programs by ensuring that the programs funded under this Act meet appropriate
  performance standards;
  `(4) foster greater cooperation among education programs, between education
  and job training programs, and between public agencies and the private
  sector in preparing individuals for employment, promoting the quality of
  vocational education in the States, and making the vocational education
  system more responsive to the labor market in the States;
  `(5) improve the academic foundation of vocational education;
  `(6) provide vocational education services to train and retrain employed
  and unemployed workers in new skills for which there is a demand in the
  labor market;
  `(7) reduce the limiting effects of sex-role stereotyping on occupations,
  job skills, levels of competency, and careers; and
  `(8) authorize national programs to support research and evaluation,
  demonstrations, information dissemination, and bilingual vocational training
  activities in order to assess the quality of the Nation's vocational
  education system; identify and disseminate high-quality and innovative means
  of providing vocational instruction and vocational teacher education; and
  strengthen local capacity to provide vocational education to individuals
  of limited English proficiency.
`AUTHORIZATION OF APPROPRIATIONS
  `SEC. 3. (a)(1) There are authorized to be appropriated $48,000,000 for
  the fiscal year 1990 and such sums as may be necessary for each of the
  fiscal years 1991 through 1994 to carry out section 102(a), relating to
  State administration of vocational education programs.
  `(2) There are authorized to be appropriated $8,000,000 for the fiscal
  year 1990 and such sums as may be necessary for each of the fiscal years
  1991 through 1994 to carry out section 112, relating to State councils on
  vocational education.
  `(b) There are authorized to be appropriated $858,387,000 for the fiscal
  year 1990 and such sums as may be necessary for each of the fiscal years
  1991 through 1994 to carry out title II, relating to basic State grants.
  `(c) There are authorized to be appropriated $35,000,000 for the fiscal
  year 1990 and such sums as may be necessary for each of the fiscal years
  1991 through 1994 to carry out title III, relating to national programs.
`DEFINITIONS
  `SEC. 4. As used in this Act:
  `(1) The term `administration' means activities of a State necessary
  for the proper and efficient performance of its duties under this Act,
  including supervision.
  `(2) The term `apprenticeship training program' means a program registered
  with the Department of Labor or the State apprenticeship agency in accordance
  with the Act of August 16, 1937, known as the National Apprenticeship Act
  (50 Stat. 664; 29 U.S.C. 50), that is conducted or sponsored by an employer,
  a group of employers, or a joint apprenticeship committee representing
  both employers and a union, and that contains all terms and conditions
  for the qualification, recruitment, selection, employment, and training
  of apprentices.
  `(3) The term `community-based organization' has the meaning given this
  term in section 4(5) of the Job Training Partnership Act.
  `(4) The term `cooperative education' means a method of instruction of
  vocational education for individuals who, through written cooperative
  arrangements between the school and employers, receive instruction,
  including required academic courses and related vocational instruction,
  by alternation of study in school with a job in any occupational field,
  but only if the two experiences are planned and supervised by the school
  and employers so that each contributes to the student's education and
  to his or her employability. Work periods and school attendance may be
  on alternate half days, full days, weeks, or other periods of time in
  fulfilling the cooperative program.
  `(5) The term `correctional institution' means (A) any prison, jail,
  reformatory, work farm, detention center, or (B) any halfway house,
  community-based rehabilitation center, or other similar institution,
  that is designed for the confinement or rehabilitation of criminal offenders.
  `(6) The term `criminal offender' means any individual who is charged with,
  or convicted of, any criminal offense, including a youth offender or a
  juvenile offender.
  `(7) The term `disadvantaged individuals' means individuals (other than
  handicapped individuals) who are educationally deprived (as defined in
  regulations for chapter 1 of the Elementary and Secondary Education Act) or
  economically disadvantaged (as defined in section 4(8) of the Job Training
  Partnership Act) and who require special services and assistance in order
  to enable them to succeed in vocational education programs.
  `(8) The term `economically depressed area' means an economically integrated
  area within any State in which a chronically low level of economic activity
  or a deteriorating economic base has caused such adverse effects as
  (A) a rate of unemployment that has exceeded by at least 50 per centum
  the average rate of unemployment in the State or Nation, for each of the
  three years preceding the year for which a determination is made, and (B)
  a large concentration of low-income families as defined in the poverty
  income guidelines issued annually by the Secretary of Health and Human
  Services. The designation of an `economically depressed area' is subject to
  approval by the Secretary as consistent with these and such other criteria
  as the Secretary may prescribe and with the purposes of this Act.
  `(9) The term `eligible recipient' means a local educational agency or a
  postsecondary educational institution.
  `(10) The term `handicapped individuals' means individuals who--
  `(A) are mentally retarded, hard of hearing, deaf, speech- or
  language-impaired, visually handicapped, seriously emotionally disturbed,
  or orthopedically impaired, as well as other health-impaired persons,
  or persons with specific learning disabilities; and
  `(B) by reason thereof require special education and related services to
  enable those individuals to participate in vocational education programs.
  `(11) The term `high technology' means `state-of-the-art' computer or
  other technology used to enhance productivity.
  `(12) The term `homemaker' means an adult who has worked (as an adult)
  primarily without renumeration to care for the home and family, and for
  that reason has diminished marketable skills.
  `(13) The term `limited English proficiency' has the meaning given this term
  in section 7003(a)(1) of the Elementary and Secondary Education Act of 1965.
  `(14) The term `local educational agency' means a board of education or
  other legally constituted local school authority having administrative
  control and direction of public elementary or secondary schools in a city,
  county, township, school district, or political subdivision in a State,
  or any other public educational institution or agency having administrative
  control and direction of a vocational education program.
  `(15) The term `postsecondary educational institution' means a public or
  private, nonprofit institution that is accredited to provide postsecondary
  education, or any postsecondary educational institution 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 under the Act of April 16, 1934.
  `(16) The term `Secretary' means the Secretary of Education.
  `(17) The term `single parent' means an individual who is unmarried or
  legally separated from a spouse and who has one or more minor children
  for which that individual has either custody or joint custody.
  `(18) The term `State' includes, in addition to any one of the fifty
  States, the District of Columbia, the Commonwealth of Puerto Rico, the
  Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and
  Palau (until the effective date of the Compact of Free Association with
  the Government of Palau).
  `(19) The term `State board' means a State board designated or created by
  State law as the sole State agency responsible for the administration of
  vocational education, or for supervision of the administration of vocational
  education, in the State.
  `(20) The term `State council' means--
  `(A) the State council on vocational education established in accordance
  with section 112; or
  `(B) if the State exercises its option in accordance with section 112(e)
  to assign the functions and responsibilities of the State council on
  vocational education to the State job training coordinating council,
  the State job training coordinating council of that State.
  `(21)(A) The term `vocational education' means (i) organized education
  programs that are directly related to the preparation of individuals for
  paid or unpaid employment requiring other than a baccalaureate or advanced
  degree; and (ii) vocational student organization activities that are an
  integral part of an organized education program.
  `(B) For purposes of this paragraph, the term `organized education program'
  means only (i) instruction (including career guidance and counseling)
  related to the occupation or occupations for which the students are
  in training or instruction necessary for students to benefit from such
  training, and (ii) the acquisition (including leasing), maintenance, and
  repair of instructional equipment, supplies, and teaching aids; but the
  term does not include the construction, acquisition, or initial equipment
  of buildings, or the acquisition or rental of land.
`TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES
`Part A--Allotment and Allocation
`ALLOTMENT
  `SEC. 101. (a)(1) From the sums appropriated under section 3(b), the
  Secretary shall reserve 1.25 per centum for the purpose of carrying out
  section 103.
  `(2) Subject to paragraph (3), from the remainder of the sums appropriated
  under section 3(b), the Secretary shall allot to each State for each
  fiscal year--
  `(A) an amount that bears the same ratio to 57 per centum of the sums
  being allotted as the number of individuals aged fifteen to fifty-five,
  inclusive, in poverty in the State bears to the number of such individuals
  in all the States; and
  `(B) an amount that bears the same ratio to 43 per centum of the sums
  being allotted as the product of the population aged fifteen to fifty-five,
  inclusive, in the State and the State's allotment ratio bears to the sum
  of the corresponding products for all the States.
  `(3)(A)(i) Notwithstanding any other provision of law and subject to clause
  (ii), for any fiscal year for programs authorized by title II of this Act,
  no State shall receive less than 95 per centum of the amount it received
  under title II of this Act for the preceding fiscal year, except that
  for fiscal year 1990, no State shall receive for programs authorized by
  title II of this Act less than 95 per centum of the amount it received for
  fiscal year 1989 under titles II and III of this Act. 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, but no such amount shall be reduced to an amount that is less than
  the amount required by the preceding sentence.
  `(ii) If for any fiscal year the amount appropriated for programs authorized
  by title II and available for allotment under this section is insufficient
  to satisfy the provisions of clause (i), the payments to all States shall
  be ratably reduced as necessary.
  `(b) If the Secretary determines that any amount of a State's allotment
  under subsection (a) for any fiscal year will not be required for such fiscal
  year for carrying out the program 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 they were appropriated. Any amount reallotted to
  a State under this subsection for any fiscal year shall remain available
  to that State for obligation during the succeeding fiscal year and shall
  be deemed to be part of its allotment for the year in which it is obligated.
  `(c)(1) 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, except that the allotment
  ratio for the Commonwealth of Puerto Rico, Guam, American Samoa, the
  Virgin Islands, the Northern Mariana Islands, and Palau shall be no less
  than the highest allotment ratio for any of the fifty States.
  `(2) 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 three most recent consecutive fiscal years for
  which satisfactory data are available.
  `(3) The term `per capita income' means, with respect to a fiscal year,
  the total personal income in the calendar year ending in such fiscal year,
  divided by the population of the area concerned in such calendar year.
  `(4) For the purposes of this section, the number of individuals aged
  fifteen to fifty-five, including the number of such individuals in poverty,
  shall be determined by the Secretary on the basis of the best estimates
  available to the Secretary after consultation with the Secretary of Commerce.
`PAYMENTS FOR STATE ADMINISTRATION; WITHIN-STATE ALLOCATION
  `SEC. 102. (a) From funds appropriated under section 3(a)(1), the Secretary
  is authorized to make awards to States, in proportion to their allocations
  under title II, for State administration, including the cost of carrying
  out the requirements of section 111(b).
  `(b) From the funds appropriated for title II under section 3(b), each
  State shall reserve from its allotment for each fiscal year--
  `(1) 57 per centum for activities described in part A of title II; and
  `(2) 43 per centum for activities described in part B of title II.
`INDIAN VOCATIONAL EDUCATION PROGRAM
  `SEC. 103. (a) From the funds reserved pursuant to section 101(a)(1), the
  Secretary is authorized to enter into grants, contracts, or cooperative
  agreements with any tribal organization that 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, to plan,
  conduct, and administer programs, or portions thereof, that are authorized
  by, and consistent with, the purposes of this Act.
  `(b) Programs funded under this section shall be in addition to such other
  programs as are made available to eligible Indians under other provisions
  of this Act.
  `(c) For the purpose of this section, the term `Act of April 16, 1934' means
  the Act known as the JohnsonO'Malley Act (48 Stat. 596; 25 U.S.C. 452-457).
`Part B--State Organizational and Planning Responsibilities
`STATE ADMINISTRATION
  `SEC. 111. (a) Any State desiring to participate in vocational education
  programs authorized by this Act shall designate or establish a State board
  of vocational education, which shall be the sole State agency responsible
  for the administration or the supervision of the State vocational education
  program. The State board may delegate any of its responsibilities involving
  administration, operation, or supervision, in whole or in part, to one or
  more appropriate State agencies. The responsibilities of the State board
  shall include--
  `(1) coordinating the development, submission, and implementation of the
  State plan, and the evaluation of the programs assisted under this Act;
  `(2) developing the State plan required by sections 113 and 114 in
  consultation with the State council on vocational education and submitting
  the State plan to the Secretary;
  `(3) consulting with the State council established pursuant to section
  112 and with other appropriate agencies, groups, and individuals involved
  in the planning, administration, evaluation, and coordination of programs
  funded under this Act;
  `(4) convening and meeting as a State board (consistent with State law
  and procedure for the conduct of such meetings) at such time as the State
  board determines necessary to carry out its functions under this Act; and
  `(5) adopting such procedures as the State board considers necessary
  to coordinate with the State job training coordinating council and to
  cooperate in the conduct of their respective programs.
  `(b)(1) Any State desiring to participate in the programs authorized by
  this Act shall assign one individual to work full time to assist the State
  board to fulfill the purposes of this Act by--
  `(A) administering programs funded under this Act for single parents,
  homemakers, and single pregnant women and programs funded under this Act
  that are designed to eliminate sex bias and sex stereotyping in vocational
  education;
  `(B) gathering, analyzing, and disseminating data on the adequacy and
  effectiveness of vocational education programs in the State in meeting
  the education and employment needs of women (including preparation for
  employment in technical occupations, new and emerging occupational fields,
  and occupations regarded as nontraditional for women), and on the status
  of men and women students and employees in such programs;
  `(C) reviewing vocational education programs (including career guidance and
  counseling) for sex stereotyping and sex bias, with particular attention
  to practices that tend to inhibit the entry of women into high-technology
  occupations;
  `(D) submitting (i) recommendations for inclusion in the State plan of
  programs and policies to overcome sex bias and sex stereotyping in such
  programs, and (ii) an assessment of the State's progress in meeting the
  purposes of this Act with regard to overcoming sex discrimination and
  sex stereotyping;
  `(E) reviewing proposed actions on grants, contracts, and cooperative
  agreements, and the policies of the State board to ensure that the needs
  of women are addressed in the administration of this Act;
  `(F) developing recommendations for programs of information and outreach
  to women concerning vocational education and employment opportunities
  for women (including opportunities for careers as technicians and skilled
  workers in technical fields and new and emerging occupational fields);
  `(G) providing technical assistance and advice to local educational agencies,
  postsecondary institutions, and other interested parties in the State,
  in expanding vocational opportunities for women; and
  `(H) assisting administrators, instructors, and counselors in implementing
  programs and activities to increase access for women (including displaced
  homemakers and single heads of households) to vocational education and to
  increase male and female students' enrollment in nontraditional programs.
  `(2) For the purpose of this subsection, the term `State' means any one
  of the fifty States and the District of Columbia.
  `(3) Each State shall expend not less than $60,000 in each fiscal year to
  carry out the provisions of this subsection.
  `(c) The State board shall make available to each private industry council
  established under section 102 of the Job Training Partnership Act within
  the State a list of all programs assisted under this Act.
  `(d) Each State board, in consultation with the State council, may establish
  one or more technical committees to advise the council and the board on
  the development of model curricula to address State labor market needs. If
  established, technical committees shall develop an inventory of skills that
  may be used by the State board to define model curricula. Such inventory
  shall provide the type and level of knowledge and skills needed for entry,
  retention, and advancement in occupational areas taught in the State.
  `(e) The imposition of any State rule or policy relating to the
  administration and operation of programs funded by this Act (including
  any rule or policy based on State interpretation of any Federal law,
  regulation, or guideline) shall be identified as a State-imposed requirement.
`STATE COUNCIL ON VOCATIONAL EDUCATION
  `SEC. 112. (a)(1) Except as provided in subsection (e), any State desiring
  to participate in vocational education programs authorized by this Act
  shall establish a State council, which shall be appointed by the Governor,
  or, in the case of States in which the members of the State board of
  education are elected (including election by the State legislature), by
  such board. Each State council shall be broadly representative of citizens
  and groups within the State having an interest in vocational education,
  including individuals who--
  `(A) are representative of the private sector in the State (including
  business, agriculture, and labor);
  `(B) are representative of secondary and postsecondary vocational education
  institutions; and
  `(C) have special knowledge and qualifications with respect to the
  educational and career development needs of individuals described in
  section 201(b).
  `(2) In selecting individuals under paragraph (1) to serve on the State
  council, due consideration shall be given to the appointment of individuals
  who serve on a private industry council under the Job Training Partnership
  Act or on State councils established under other related Federal Acts.
  `(3) For the purpose of this section, the term `State' means any one of the
  fifty States, the District of Columbia, and the Commonwealth of Puerto Rico.
  `(b) During each State plan period described in section 113(a)(1), the
  State council may--
  `(1) meet with the State board or its representatives to advise on the
  development of the subsequent State plan;
  `(2) advise the State board and make reports to the Governor, the business
  community, and the general public of the State, concerning--
  `(A) policies the State should pursue to strengthen vocational education
  (with particular attention to programs for handicapped individuals); and
  `(B) initiatives and methods the private sector could undertake to assist
  in modernizing vocational education programs;
  `(3) analyze and report on the distribution of spending for vocational
  education in the State, including funds provided under this Act, and on
  the availability of vocational education programs within the State;
  `(4) advise the State board on the establishment of evaluation criteria,
  including the performance standards required under section 113(b)(4),
  for vocational education services within the State;
  `(5) submit recommendations to the State board on the conduct of vocational
  education programs conducted in the State that emphasize the use of
  businesses and labor organizations;
  `(6) recommend procedures to the State board to ensure and enhance the
  participation of the public in the provision of vocational education at
  the local level within the State, particularly the participation of local
  employers and local labor organizations;
  `(7) report to the State board on the extent to which the individuals
  described in section 201(b) are provided with equal access to quality
  vocational education programs;
  `(8)(A) evaluate jointly with the State job training coordinating council
  the vocational education delivery systems assisted under this Act, the
  job opportunities and basic skills training program authorized under the
  Family Support Act of 1988, and the Job Training Partnership Act, in terms
  of their adequacy and effectiveness in achieving the purposes of each of
  these Acts; and
  `(B) make recommendations to the Governor and the State board on the adequacy
  and effectiveness of the coordination that takes place between vocational
  education programs and programs under the Job Training Partnership Act.
  `(c) Each State council is authorized to obtain the services of such
  professional, technical, and clerical personnel as may be necessary to
  carry out its functions under this Act and to contract for such services
  as may be necessary for the council to carry out its evaluation functions.
  `(d)(1)(A) From the amounts appropriated under section 3(a)(2) for each
  fiscal year, the Secretary shall allot to each State council $130,000,
  with the remainder of funds allocated according to the method described
  in section 101(a)(2)(B), except that no State council shall receive for
  any fiscal year less than its allotment under this Act for fiscal year
  1989. Amounts necessary for increasing allotments to State councils to
  comply with the preceding sentence shall be obtained by ratably reducing
  the amounts allotted to other State councils, but no such amount shall be
  reduced to an amount less than the amount required by the preceding sentence.
  `(B) If for any fiscal year the amount appropriated under section 3(a)(2)
  and available for allotment under this subsection is insufficient to satisfy
  the provisions of subparagraph (A), the allotments to all States shall be
  ratably reduced as necessary.
  `(2) The expenditure of funds paid pursuant to this subsection shall be
  determined solely by the State council for carrying out its functions under
  this Act, and may not be diverted or reprogrammed for any other purpose by
  any State board, agency, or individual. Each State council shall designate an
  appropriate State agency or other public agency, eligible to receive funds
  under this Act, to act as its fiscal agent for purposes of disbursement,
  accounting, and auditing.
  `(e)(1) If the Governor of any State desiring to participate in vocational
  education programs under this Act determines that the functions and
  responsibilities of a State council under this Act would be carried
  out better in that State by the State job training coordinating council
  established under section 122 of the Job Training Partnership Act, the
  Governor may assign those functions and responsibilities to the State
  job training coordinating council. Before making such assignment, the
  Governor shall ensure that the State job training coordinating council
  has an adequate number of members who are knowledgeable about vocational
  education in the State.
  `(2) If the Governor makes such assignment, the State's allocation under
  subsection (d) shall be available to the State job training coordinating
  council only to carry out the functions and responsibilities of a State
  council under this Act.
`STATE PLANS
  `SEC. 113. (a)(1)(A) Any State desiring to receive funds from its allotment
  authorized under section 101 for any fiscal year shall submit to the
  Secretary a State plan for a two-year period.
  `(B) The planning periods required by paragraph (1) of this subsection shall
  be the same as the planning program periods required under section 104(a)
  of the Job Training Partnership Act.
  `(2)(A) In formulating the State plan (and amendments), the State board
  shall meet with and utilize the State council.
  `(B) The State board shall make public the proposed State plan in a
  manner that provides adequate notice to, and facilitates comment from,
  interested agencies, groups, and individuals. Such publication may include
  public hearings.
  `(3) In developing the State plan, the State shall--
  `(A) assess the current and projected occupational needs and demand for
  general occupational skills within the State;
  `(B) examine the needs of students, including adults, in order to determine
  how best to improve student skill levels in light of the State's occupational
  and skill requirements;
  `(C) assess the special needs of each group of individuals specified in
  section 201(b) for access to vocational education programs in terms of
  labor market needs, the extent to which these needs are not being met by
  the State's vocational education programs, and the extent to which funding
  under this Act should be used, during the period covered by the plan,
  to improve vocational education opportunities for each group;
  `(D) assess the quality of vocational education in terms of--
  `(i) the relevance of programs to the workplace and to new and emerging
  technologies;
  `(ii) the responsiveness of programs to the current and projected
  occupational needs in the State;
  `(iii) the capacity and success of programs in facilitating entry into,
  and participation in, vocational education and to ease the transition from
  school to work and from secondary to postsecondary educational institutions;
  `(iv) the technological and educational quality of vocational curricula,
  equipment, and instructional materials and their capacity to enable
  vocational education students and instructors to meet the challenges of
  increased technological demands of the workplace; and
  `(v) the capacity and success of vocational education programs in meeting
  the needs for general occupational skills and improvement of academic
  foundations in order to address the changing content of jobs;
  `(E) determine the capacity and success of local educational agencies
  and postsecondary educational institutions in delivering the vocational
  education services necessary to meet the needs identified through the
  assessments required by subparagraphs (A) through (D) of this paragraph; and
  `(F) include a summary of the findings of the assessments conducted under
  subparagraphs (A) through (E) of this paragraph.
  `(b) Each such plan shall--
  `(1) describe the planned uses of funds awarded under part A of title II,
  the goals of the State will seek to attain with these funds, and how these
  uses will address the needs identified through the assessments conducted
  under subsection (a)(3)(C) of this section;
  `(2) describe the planned uses of funds awarded under part B of title II,
  the goals the State will seek to attain with these funds, and how these
  uses relate to the needs identified in the assessments conducted under
  subsection (a)(3) of this section;
  `(3) describe progress the State has made in achieving the goals set forth
  in the previous State plan submitted under this Act;
  `(4)(A) describe the performance standards the State will use for determining
  the achievement of basic academic skills, occupational competency, and
  success in the labor market, as well as any other standards the State
  determines are appropriate to be used in evaluating vocational training
  programs, including such programs for handicapped individuals, supported
  in whole or in part with funds under this Act;
  `(B) describe how the State will apply its performance standards in
  approving or disapproving local applications for projects, including
  the procedures the State will use for providing technical assistance to
  improve the effectiveness of local projects and for discontinuing funding
  for ineffective projects;
  `(C) describe how the performance standards have been made consistent
  with the standards in effect in the State for the Job Training Partnership
  Act; and
  `(D) for State plans subsequent to the initial plan required under this
  section, contain a report on the implementation and application of the
  performance standards required by this paragraph;
  `(5) set forth the criteria the State board will use in approving
  applications of eligible recipients and allocating funds available under
  this Act to such recipients, which shall ensure that individuals most in
  need are served;
  `(6) describe the extent to which the funds available under this Act shall
  be used by the State to serve economically depressed areas;
  `(7) describe the State's procedures for ensuring that any funds expended
  for occupationally specific training will be used only to train students
  for occupations in which job openings are projected and are not likely to
  be filled without the establishment or continuation of public vocational
  education programs, and how these procedures are consistent with the labor
  market analysis procedures that the State employs under the Job Training
  Partnership Act; and
  `(8) describe the methods proposed for the joint planning and coordination
  of programs carried out under this Act with programs conducted under the
  Family Support Act of 1988, the Job Training Partnership Act, the Adult
  Education Act, the Education of the Handicapped Act, and the Rehabilitation
  Act of 1973, and with apprenticeship training programs.
  `(c) The State plan shall contain assurances that--
  `(1) the State board will comply with the requirements of titles I and II
  of this Act;
  `(2) the State board will, to the maximum extent feasible, provide for the
  equitable participation of students who wish to participate in vocational
  education programs supported under title II and who are enrolled in private
  elementary and secondary schools;
  `(3) the State will distribute at least 80 per centum of the funds available
  under title II to eligible recipients;
  `(4) all projects and services supported with funds available under title
  II will be of sufficient size, scope, and quality as to give reasonable
  assurance of meeting the objectives of this Act and the goals set forth
  in the plan, as described in paragraphs (1) and (2) of subsection (b);
  `(5) the State will adopt such methods of administration as are necessary
  for the proper and efficient administration of this Act;
  `(6) the State will evaluate not less than 20 per centum of the eligible
  recipients assisted under this Act within the State in each fiscal year,
  including an evaluation of the extent to which their local programs meet
  the performance standards required by paragraph (4) of subsection (b)
  to be described in the State plan;
  `(7) funds available under title II of this Act will be used so as to
  supplement and, to the extent practicable, increase the amount of State
  and local funds that would, in the absence of such Federal funds, be made
  available for the uses specified in the State plan, and in no case so as
  to supplant such State or local funds; and
  `(8) the State will provide for such fiscal control and fund accounting
  procedures as may be necessary to ensure proper disbursement of, and
  accounting for, Federal funds paid to the State (including such funds paid
  by the State to eligible recipients under this Act).
  `(d) When changes in program conditions, labor market conditions, funding,
  or other factors require substantial amendment to an approved State plan, the
  State board, in consultation with the State council, shall submit amendments
  to the State plan to the Secretary. These amendments shall be subject to
  review by the State job training coordinating council and the State council.
  `(e) The Secretary is authorized to publish regulations that establish
  minimum requirements for acceptable State performance standards described
  under paragraph (4) of subsection (b). The Secretary shall, in consultation
  with the Secretary of Labor, ensure that, in the establishment of minimum
  requirements for acceptable State performance standards, such minimum
  standards are consistent, wherever possible, with comparable performance
  standards required under the Job Training Partnership Act.
`APPROVAL
  `SEC. 114. (a) Each State plan shall, not less than sixty days before the
  plan is to be submitted to the Secretary, be furnished to the Governor,
  the State council, and the State job training coordinating council of the
  State under section 122 of the Job Training Partnership Act for review
  and comment. If the matters covered by the comments of the Governor, the
  State council, and the State job training coordinating council are not
  covered by the State plan, the State board shall submit the comments with
  the State plan to the Secretary. The State board may inform the Secretary
  of its responses to any of these comments.
  `(b) The Secretary may provide technical assistance and guidance to
  the States in order to assist the States to fulfill the requirements of
  section 113.
  `(c)(1) Each State plan shall be submitted to the Secretary. The Secretary
  shall approve that plan if it (A) meets the requirements of section 113,
  and (B) gives reasonable promise of meeting the objectives of this Act
  (including the objective of developing and applying program performance
  standards). The Secretary shall not finally disapprove a State plan except
  after giving reasonable notice and an opportunity for a hearing to the
  State board.
  `(2) The document submitted under paragraph (1) shall be considered to be
  the general application required by section 435 of the General Education
  Provisions Act.
  `(3) The Secretary shall approve State plan amendments that meet the
  requirements of section 113, unless such amendments propose changes that are
  inconsistent with the requirements and purposes of this Act. The Secretary
  shall not finally disapprove such amendments except after giving reasonable
  notice and an opportunity for a hearing to the State board.
`LOCAL APPLICATION
  `SEC. 115. Any eligible recipient desiring to receive assistance under this
  Act shall, in accordance with requirements established by the State board,
  submit to the State board an application that contains--
  `(1) a description of the vocational education programs to be funded;
  `(2) the specific performance results each project is designed to achieve;
  `(3) an explanation of how the application was developed in accordance
  with the requirements of section 113(b)(8); and
  `(4) any other information required by the State board to carry out its
  functions under this Act.
`Part C--Federal Administrative Provisions
`PAYMENTS
  `SEC. 121. (a) The Secretary shall pay to each State from its allotment
  under section 101 for any fiscal year for which the State has an approved
  State plan (including any amendments to such plan) the Federal share of
  the costs of carrying out the State plan.
  `(b) The Secretary shall pay to each State council of a State that has an
  approved State plan its allotment under section 112(d).
`FEDERAL SHARE
  `SEC. 122. (a) The Federal share for each fiscal year shall not exceed--
  `(1) 100 per centum of the costs of administration of the State plan and
  vocational education programs;
  `(2) 100 per centum of the costs of the State council under section 112; and
  `(3) 50 per centum of the costs of vocational education programs under
  title II.
  `(b)(1) The non-Federal contribution for the costs of vocational education
  programs for handicapped individuals and disadvantaged individuals under
  part A of title II shall be furnished equitably by the State from State
  and local sources, except that non-Federal contributions of such costs
  shall be furnished by the State from State sources if the State board
  determines that an eligible recipient cannot reasonably be expected to
  provide such costs from local sources.
  `(2) The non-Federal contributions for the costs of vocational education
  programs under title II from local sources may be in cash or in kind,
  fairly valued, including facilities, overhead, personnel, equipment, and
  services, if the eligible recipient determines that it cannot otherwise
  provide such contribution.
`MAINTENANCE OF EFFORT
  `SEC. 123. (a) Full payments shall be made under this Act for any fiscal year
  to a State only if that State's fiscal effort per student or the aggregate
  expenditures of that State, for vocational education for the fiscal year
  immediately preceding that fiscal year, is at least 90 per centum of
  such effort or expenditures for the second preceding fiscal year. If the
  Secretary determines that such effort or expenditures for the fiscal year
  immediately preceding the fiscal year for which the determination is made
  is less than 90 per centum of such effort or expenditures for the second
  preceding fiscal year, then the Secretary shall decrease payments to that
  State for the fiscal year in which the determination is made in direct
  proportion to the State's failure to maintain effort and expenditures at
  the 90 per centum level.
  `(b) The Secretary may waive the requirements of this section for one fiscal
  year only, upon making a determination that such waiver would be equitable
  due to exceptional or uncontrollable circumstances affecting the ability
  of the applicant to meet such requirements, such as a natural disaster or
  an unforeseen and precipitous decline in financial resources. No level of
  funding permitted under this waiver may be used as the basis for computing
  the fiscal effort required under this section for years subsequent to
  the year covered by the waiver and such fiscal effort shall be computed
  on the basis of the level of funding that would, but for such waiver,
  have been required.
`TITLE II--BASIC STATE GRANTS FOR VOCATIONAL EDUCATION
`Part A--Vocational Education Opportunities
`USES OF FUNDS
  `SEC. 201. (a) From the portion of its allotment under section 101 available
  for this part, each State shall provide vocational education programs
  designed to meet the special needs of groups of individuals specified in
  subsection (b).
  `(b) To meet the needs identified in the State plan, each State shall use
  the portion of its allotment available for this part in any fiscal year
  to provide vocational education services and activities designed to meet
  the special needs of, and to enhance the participation of--
  `(1) handicapped individuals;
  `(2) disadvantaged individuals;
  `(3) individuals of limited English proficiency;
  `(4) individuals who are single parents, homemakers, or single pregnant
  women;
  `(5) individuals who participate in programs designed to eliminate sex
  bias and stereotyping in vocational education; and
  `(6) criminal offenders who are in correctional institutions.
  `(c) Funds under subsection (b)(1) may be used for--
  `(1) supplemental staff, equipment, materials, and services needed to
  enable handicapped individuals to participate in vocational education
  programs, including, if appropriate, the additional costs (beyond the
  costs of regular services and activities) of providing separate services
  and activities for handicapped individuals;
  `(2) activities that are required under, or supplement services provided
  under, individualized education programs of handicapped students enrolled
  in secondary schools; and
  `(3) other activities that will improve vocational education opportunities
  for individuals with handicaps.
  `(d) Funds under subsection (b)(2) may be used for--
  `(1) supplemental staff, equipment, materials, and services needed to
  enable disadvantaged individuals to participate in vocational education
  programs, including, if appropriate, the additional costs (beyond the
  costs of regular services and activities) of providing separate services
  and activities for disadvantaged individuals;
  `(2) transportation, child care, and other ancillary services, if needed to
  enable economically disadvantaged individuals to participate in vocational
  education programs;
  `(3) supplementary basic skills instruction that will enable educationally
  disadvantaged individuals to enter and succeed in vocational education
  programs; and
  `(4) other activities that will improve vocational education opportunities
  for disadvantaged individuals.
  `(e)(1) Funds under subsection (b)(3) may be used for--
  `(A) supplementary English instruction to enable students of limited
  English proficiency to participate in regular vocational education programs;
  `(B) bilingual vocational education for individuals who are out of school
  and have entered, or are preparing to enter, the labor market and who need
  additional training; and
  `(C) other activities designed to expand vocational education opportunities
  for youth and adults of limited English proficiency.
  `(2) All programs carried out under this subsection shall be designed to
  enable individuals of limited English proficiency to progress effectively
  through regular, English speaking, vocational education programs or, if
  instruction is provided in a separate setting, to enter regular programs
  as quickly as possible. Instruction may be provided entirely in English or,
  to the extent necessary, in the appropriate native language.
  `(f) Funds under subsection (b)(4) may be used to--
  `(1) provide for vocational education and training activities that
  will furnish single parents, homemakers, and single pregnant women with
  marketable skills;
  `(2) assist eligible recipients to expand vocational education services
  when this expansion directly increases the eligible recipients' capacity
  for providing single parents, homemakers, and single pregnant women with
  marketable skills;
  `(3) make vocational education and training more accessible to single
  parents, homemakers, and single pregnant women by assisting them with
  child care or transportation services or by organizing and scheduling the
  programs so that such programs are more accessible;
  `(4) inform single parents, homemakers, or single pregnant women of
  vocational education programs and related support services; and
  `(5) carry out other activities to improve vocational education opportunities
  for single parents, homemakers, or single pregnant women.
  `(g) Funds under subsection (b)(5) may be used for--
  `(1) programs to eliminate sex bias and stereotyping in secondary and
  postsecondary vocational education;
  `(2) vocational education programs for girls and women, aged 14 through
  25, designed to enable the participants to support themselves and their
  families, except that the requirement with respect to age limitations may
  be waived whenever the individual described in section 111(b)(1) determines
  that the waiver is essential to meet the objectives of this section;
  `(3) support services for individuals participating in vocational education
  programs described in paragraphs (1) and (2), including dependent-care
  services and transportation; and
  `(4) other activities designed to eliminate sex bias and stereotyping from
  vocational education or to enable women and men to move into occupations
  that are nontraditional for their gender.
  `(h) Funds under subsection (b)(6) may be used for--
  `(1) vocational education services and activities in correctional
  institutions; and
  `(2) activities to facilitate the transition of criminal offenders in
  correctional institutions to employment or enrollment in vocational
  education programs outside those institutions.
  `(i) In addition to activities authorized by subsections (c) through (h),
  a State may use funds under this part for individuals described in subsection
  (b) for--
  `(1) educational choice programs under which such individuals who are of
  secondary school age and are not in correctional institutions are permitted
  to participate in vocational education programs operated by any qualified
  public or private nonprofit provider;
  `(2) assessments of such individuals' interests, activities, and special
  needs with respect to entering and completing vocational education programs;
  `(3) basic skills instruction, as needed to enable such individuals to
  enter and succeed in vocational education programs;
  `(4) vocational guidance and counseling;
  `(5) work-site instruction programs, including cooperative education,
  work-study, and apprenticeship training;
  `(6) services designed to facilitate the school-to-work transition;
  `(7) placement services for such individuals who have successfully completed
  vocational education programs;
  `(8) activities carried out jointly between eligible recipients and
  community-based organizations of demonstrated effectiveness; and
  `(9) activities carried out jointly by two or more eligible recipients.
`CRITERIA FOR SERVICES AND ACTIVITIES FOR THE HANDICAPPED AND THE DISADVANTAGED
  `SEC. 202. (a) With respect to the use of funds under this part for
  handicapped individuals and disadvantaged individuals, the State shall
  ensure that--
  `(1) equal access will be provided to such individuals in recruitment,
  enrollment, and placement activities; and
  `(2) equal access will be provided to such individuals to the full
  range of vocational programs available to other individuals in the State,
  including occupationally specific courses of study, cooperative education,
  and apprenticeship training programs.
  `(b) The State shall ensure that--
  `(1) vocational education programs under this part for handicapped
  individuals will be provided in the least restrictive environment in
  accordance with section 612(5)(B) of the Education of the Handicapped
  Act and will, whenever appropriate, be included as a component of the
  individualized education program required under sections 612(4) and 614(a)(5)
  of that Act; and
  `(2) vocational education planning under this part for handicapped
  individuals will be coordinated among appropriate representatives of
  vocational education and special education.
  `(c) Each local educational agency that carries out programs under this
  part for handicapped students or disadvantaged students shall provide,
  at least one year before these students enter the grade level in which
  vocational education programs are first generally available in the State,
  but in no event later than the beginning of the ninth grade, information
  to these students and their parents, concerning the opportunities available
  in vocational education and the requirements for eligibility for enrollment
  in such vocational education programs.
`Part B--Vocational Education Program Improvement, Innovation, and Expansion
`USES OF FUNDS
  `SEC. 211. (a) From the portion of its allotment under section 101 available
  for this part, each State shall use funds to meet the needs identified in
  the State plan for one or more of the following--
  `(1) professional development and improvement of vocational teachers,
  counselors, and administrators (including exchange programs with industry)
  to increase participants' knowledge, skills, and effectiveness;
  `(2) acquisition of instructional equipment and materials needed to improve
  or expand vocational education programs; and
  `(3) curriculum development, field-testing of new or revised programs
  (for no more than three years), and dissemination.
  `(b) Each State may use funds under this part to support activities
  jointly between eligible recipients and community-based organizations of
  demonstrated effectiveness.
`TITLE III--NATIONAL PROGRAMS
`RESEARCH AND EVALUATION
  `SEC. 301. (a) The Secretary may conduct research on, and evaluations of,
  vocational education programs, activities, and trends that are related to
  the purposes of this Act, including but not limited to--
  `(1) effective methods for providing high-quality vocational education,
  including methods of providing services to individuals eligible to be
  served under Part A of title II;
  `(2) strategies for coordinating local, State, and Federal vocational
  education programs, other education programs, employment training (including
  programs under the Job Training Partnership Act, the Family Support Act
  of 1988, and the National Apprenticeship Act), and economic development
  programs in order to improve program performance;
  `(3) successful methods of reinforcing and enhancing basic academic skills
  in vocational settings;
  `(4) studies of the educational and economic effects of participation in
  different types of vocational education programs as compared to the outcomes
  resulting from participation in other skill training and education programs;
  `(5) the success of local, State, and national efforts to improve the
  quality of vocational education, including the quality of services provided
  to individuals with special needs;
  `(6) the quality of the vocational education teaching force, including issues
  related to the preparation needed to ensure the delivery of high-quality
  vocational training;
  `(7) the impact of performance standards and other accountability measures
  on the delivery and success of vocational education services;
  `(8) the impact, on the delivery of services to special populations,
  of Federal legislation giving States flexibility in allocating funds to
  serve those populations; and
  `(9) the impact of vocational education on economic growth, with particular
  emphasis on the role that involvement of the private sector may play in
  ensuring that vocational education programs contribute to economic growth.
  `(b)(1) The Secretary may carry out research and evaluation activities
  directly, or through grants to, or contracts or cooperative agreements with,
  individual researchers, institutions of higher education, State and local
  educational agencies, community-based organizations, and other qualified
  public and private agencies and organizations.
  `(2) The Secretary may support field-initiated projects, and shall ensure
  that applications for such projects receive fair and equitable treatment
  in the selection process.
  `(c) The Secretary may conduct a national assessment of vocational education
  in order to evaluate the effectiveness of programs authorized under this Act.
  `(d)(1) The Secretary shall establish and support one or more centers
  for research in vocational education. The Secretary shall designate such
  center or centers after considering the advice of a panel of individuals,
  appointed by the Secretary, who are experts in vocational education and
  who are not Federal employees.
  `(2) The Secretary shall support each center designated under paragraph
  (1) through the award of a multiple-year grant or contract to a qualified
  public or private entity.
  `(3) This subsection shall not take effect until December 31, 1992.
`DEMONSTRATION PROGRAMS
  `SEC. 302. (a) The Secretary may carry out, directly or through grants to,
  or contracts or cooperative agreements with, State and local educational
  agencies, postsecondary educational institutions, and other public and
  private agencies, organizations, and institutions, vocational education
  programs that demonstrate effective approaches to achieving the purposes
  of this Act, such as--
  `(1) projects to demonstrate methods of bringing the vocational education
  system together with the private sector to implement cooperative training
  programs in high-technology occupations and occupations in which there
  are current or projected shortages of skilled workers;
  `(2) projects to improve vocational education through joint activities
  with community-based organizations;
  `(3) projects to improve the integration of basic skills into vocational
  programs;
  `(4) projects to enhance student and parental choice in vocational education;
  `(5) projects to improve the articulation between secondary and postsecondary
  education;
  `(6) joint projects with the Department of Labor or other Federal agencies
  to provide comprehensive services to disadvantaged youth, living in areas
  with high concentrations of poverty, to enable these youth to break the
  cycle of poverty and achieve their full potential; and
  `(7) model programs to strengthen vocational education teaching and
  administration.
  `(b) The Federal share of projects assisted under this section shall not
  exceed 75 per centum.
  `(c) The Secretary shall award grants under this section for no longer than
  three years. A project assisted under this section may not receive (1)
  continued assistance after the first or second year unless that project
  demonstrates satisfactory progress, or (2) more than one grant awarded
  under this section.
`OCCUPATIONAL INFORMATION SYSTEM
  `SEC. 303. (a) The Secretary may support and assist the National Occupational
  Information Coordinating Committee, as established under section 422 of
  the Carl D. Perkins Vocational Education Act as enacted by Public Law
  98-524. Such committee shall--
  `(1) improve coordination and communication among administrators and planners
  of programs authorized by this Act and by the Job Training Partnership Act,
  employment security agency administrators, research personnel, and personnel
  of employment training, planning, and administering agencies (including
  apprenticeship training agencies) at the Federal, State, and local levels;
  `(2) develop and implement, in cooperation with State and local agencies,
  an occupational information system that meets the common occupational
  information needs of vocational education programs and employment and
  training programs at the Federal, State, and local levels, and includes data
  on occupational demand and supply, based on uniform definitions, standardized
  estimating procedures, and standardized occupational classifications;
  `(3) conduct studies on the effects of technological change on new and
  existing occupational areas as well as the required changes in knowledge
  and job skills; and
  `(4) support and assist State occupational information coordination
  committees described in subsection (b).
  `(b) Each State receiving assistance under this Act shall maintain a State
  occupational information coordinating committee composed of representatives
  of the State board, the State employment security agency, the State
  economic development agency, the State job training coordinating council,
  and the agency administering the vocational rehabilitation program. The
  committee shall--
  `(1) implement an occupational information system in the State that meets
  the common needs for the planning for, and operation of, programs of the
  State board assisted under this Act and of the administering agencies
  under the Job Training Partnership Act; and
  `(2) use the occupational information system to implement a career
  information delivery system.
`BILINGUAL VOCATIONAL TRAINING
  `SEC. 304. (a) The Secretary may make grants to, and enter into contracts or
  cooperative agreements with, State agencies, local educational agencies,
  postsecondary educational institutions, private nonprofit vocational
  training institutions, and other nonprofit organizations, for bilingual
  vocational education and training for individuals with limited English
  proficiency to prepare them for jobs in recognized occupations as well as
  new and emerging occupations.
  `(b) Funds for bilingual vocational training programs may be used for such
  activities as--
  `(1) programs for individuals who have completed or left elementary school
  or secondary school;
  `(2) programs for individuals who have entered the labor market and who
  desire or need training or retraining to achieve year-round employment,
  to adjust to changing manpower needs, to expand their range of skills,
  or to advance in employment; and
  `(3) preservice or inservice training for educational personnel conducting,
  or preparing to conduct, bilingual vocational training programs.
  `(c) The Secretary may require an individual who receives training under
  subsection (b)(3) to serve for a reasonable period of time in the field
  in which training was provided, or to repay all or part of the cost of
  that training.
  `(d) No recipient may receive more than one grant under this section and no
  project may receive assistance under this section for more than three years.
  `(e) The Secretary shall administer programs under this section in
  consultation with the Secretary of Labor.
  `(f) Programs of bilingual vocational education and training under this
  section carried out in the Commonwealth of Puerto Rico may also provide
  for the needs of individuals of limited Spanish proficiency.'.
AMENDMENTS TO GENERAL EDUCATION PROVISIONS ACT
  SEC. 3. Section 406 of the General Education Provisions Act (20
  U.S.C. 1221e-1) is amended--
  (1) by redesignating subsection (j) as subsection (k); and
  (2) by inserting immediately after subsection (i) the following new
  subsection (j)--
  `(j)(1)(A) The Secretary shall develop and administer, within the Center,
  a national vocational education data reporting system using uniform
  definitions. Such system may include information on vocational education
  students (including information on race, sex, and handicapping condition),
  programs, program completers and leavers, placement and followup, staff,
  governance, and expenditures. Such information may also include the
  participation of special populations, including women, disadvantaged
  individuals, handicapped individuals, individuals of limited English
  proficiency, and minorities.
  `(B) The Secretary shall ensure that the development and administration of
  the vocational education data system is coordinated with the administration
  of programs authorized by the Carl D. Perkins Vocational Education Act.
  `(2)(A) In maintaining and updating such system, the Secretary shall,
  to the fullest extent possible, make the system compatible with other
  information collections, such as data collected by the Center, the
  occupational information system under section 303 of the Carl D. Perkins
  Vocational Education Act, other systems developed or assisted under the
  Job Training Partnership Act, and information collected pursuant to the
  Education of the Handicapped Act.
  `(B) Any State receiving assistance under the Carl D. Perkins Vocational
  Education Act shall cooperate with the Secretary in supplying the information
  required to be submitted by the Secretary and shall comply in its reports
  with the vocational education data system developed by the Secretary pursuant
  to paragraph (1). Each State shall submit the data required to carry out
  paragraph (1) to the Secretary in whatever form the Secretary requires.
  `(C) In carrying out the requirements under this subparagraph, the Secretary
  may use whatever methodology is appropriate, including scientific sample
  surveys, to collect the information required.'.
AMENDMENTS TO THE JOB TRAINING PARTNERSHIP ACT
  SEC. 4. The Job Training Partnership Act (29 U.S.C. 1501 et seq.) is
  amended--
  (1) in section 4--
  (A) in paragraph (14), by striking out `section 521(19)' and inserting in
  lieu thereof `section 4(16)'; and
  (B) in paragraph (28), by striking out `section 521(31)' and inserting in
  lieu thereof `section 4(23)';
  (2) in section 122(b)(7)(B), by striking out `measures taken pursuant
  to section 113(b)(9)' and inserting in lieu thereof `implementation of
  performance standards by the State pursuant to section 113(b)(4)';
  (3) in section 427(a)(1), by striking out `which operates or wishes
  to develop area vocational education school facilities or residential
  vocational schools (or both) as authorized by such Act';
  (4) in sections 463(a), 464(a)(1), and 464(c), by striking out `section 422'
  each place it appears; and
  (5) in the heading for part F of title IV, by striking out `NATIONAL
  COMMISSION FOR EMPLOYMENT POLICY' and inserting in lieu thereof `NATIONAL
  COMMISSION ON EMPLOYMENT AND VOCATIONAL EDUCATION POLICY';
  (6) in section 471, by striking out `National Commission for Employment
  Policy' and inserting in lieu thereof `National Commission on Employment
  and Vocational Education Policy';
  (7) in section 472(a)--
  (A) by striking out `National Commission for Employment Policy' and inserting
  in lieu thereof `National Commission on Employment and Vocational Education
  Policy'; and
  (B) by striking out the fourth sentence thereof; and
  (8) in section 473(7)--
  (A) by striking out the subparagraph designation `(A)';
  (B) by striking out `identify, after consultation with the National Council
  on Vocational Education,' and inserting in lieu thereof `identify'; and
  (C) by striking out subparagraph (B).
AMENDMENTS TO THE OMNIBUS TRADE AND COMPETITIVENESS ACT OF 1988
  SEC. 5. Chapter 4 of title VI of the Omnibus Trade and Competitiveness
  Act of 1988 is amended--
  (1) in section 6131(a)--
  (A) by redesignating paragraphs (1), (2), and (3) (as printed at 102
  Stat. 1508 and 1509) as subparagraphs (A), (B), and (C), respectively;
  (B) by inserting the paragraph designation `(1)' immediately before `part
  C of title III'; and
  (C) in paragraph (2) (as printed at 102 Stat. 1511), by redesignating
  subparagraphs (1) and (2) as subparagraphs (A) and (B); and
  (2) by repealing sections 6133 and 6135 (20 U.S.C. 2411, note) and
  redesignating section 6134 as section 6133.
AMENDMENTS TO THE SMITH-HUGHES ACT
  SEC. 6. The Act of February 23, 1917 (20 U.S.C. 11 et seq.) is amended--
  (1) in the clause immediately after the enacting clause, by inserting
  `through the fiscal year ending September thirtieth, nineteen hundred
  eighty-nine' immediately after `hereby annually appropriated'; and
  (2) in sections 2, 3, and 4, by inserting `through the fiscal year ending
  September thirtieth, nineteen hundred eighty-nine' immediately after `annual
  thereafter' and `for any fiscal year thereafter' each place they appear.
MISCELLANEOUS CONFORMING AMENDMENTS
  SEC. 7. (a) Section 7003(a)(12) of the Bilingual Education Act (20
  U.S.C. 3283(a)(12)) is amended by striking out `pursuant to part E of
  title IV' and inserting in lieu thereof `pursuant to section 305'.
  (b) Section 3(1) of the Education for Economic Security Act (20
  U.S.C. 3902(1)) is amended--
  (1) by striking out paragraph (1); and
  (2) by redesignating paragraphs (2) through (12) as paragraphs (1) through
  (11), respectively.
  (c) Section 613(a)(2) of the Education of the Handicapped Act (20
  U.S.C. 1413(a)(2)) is amended by striking out `section 202(1)' and inserting
  in lieu thereof `section 201'.
EFFECTIVE DATE
  SEC. 8. Unless otherwise provided, the provisions of this Act shall take
  effect upon enactment.
Vocational Education Excellence Act of 1989

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