FEDERAL ADMINISTRATIVE PROVISIONS.

SEC. 501. FEDERAL ADMINISTRATIVE PROVISIONS. (a) Elimination of Matching Requirements and Transfer of State Provision.— (1) Sections 502, 504, and 505 of the Act (20 U.S.C. 2462, 2465, 2466) are repealed. (2) Sections 503 and 506 of the Act (20 U.S.C. 2463, 2466), are redesignated as sections 502 and 503, respectively. (b) Maintenance of Effort.— The first sentence of section 502(b) of the Act (as redesignated by subsection (a)(2) of this section) is amended by inserting after “this section” the following: “(with respect to not more than 5 percent of expenditures by any State educational agency)”. (c) Additional Administrative Provisions.— Title V of the Act (20 U.S.C. 2461 et seq.) is amended— (1) by redesignating part B as part C; and (2) by inserting after section 503 the following: “Sec. 504. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. “(a) In General.— (1) The Secretary shall convene regional meetings to obtain public involvement in the development of proposed regulations under the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. Such meetings shall include individuals and representatives of groups involved in vocational education programs under this Act, such as Federal, State, tribal and local administrators, parents, teachers, members of local boards of education and special populations. “(2) During each meeting described in paragraph (1), the Secretary shall provide for a comprehensive discussion and exchange of information on at least 4 key issues, selected by the Secretary, concerning implementation of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. The Secretary shall take into account information received at such meetings in the development of proposed regulations, and shall publish a summary of such information in the Federal Register together with such proposed regulations. “(b) Draft Regulations.— After holding regional meetings and before publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations under this Act and submit regulations on at least 2 key issues to a negotiated rulemaking process. The Secretary shall follow the guidance provided in the Administrative Conference of the United States in Recommendation 82–4 and 85–5, ‘Procedures for Negotiating Proposed Regulations’ (1 C.F.R. 305.82–4 and 85–5) and any successor recommendation, regulation, or law. Participants in the negotiation process shall be chosen by the Secretary from among participants in the regional meetings, representing the groups described in subsection (a)(1) and all geographic regions. At least 10 participants, 1 from each of the regions served by a regional office established pursuant to section 416 of the Department of Education Organization Act, representing the groups described in subsection (a)(1), shall be chosen under the preceding sentence. The negotiation process shall be conducted in a timely manner in order that final regulations may be issued by the Secretary within the 240-day period required by section 431(g) of the General Education Provisions Act. 104 STAT. 831 “(c) Special Rule.— If a regulation must be issued within a very limited time period to assist States and eligible recipients with the operation of a program under this Act, the Secretary may issue a regulation without fulfilling the requirements of subsections (a) and (b), but shall immediately convene regional meetings to review the regulation before such regulation is issued in final form. “(d) Applicability of Federal Advisory Committee Act.— The Federal Advisory Committee Act shall not apply to activities carried out under this section. “(e) Reservation of Amounts.— For the fiscal year 1991, the Secretary may reserve for purposes of carrying out subsection (b) not more than $300,000 from amounts made available under section 3(e). “SEC. 505. REQUIREMENTS RELATING TO REPORTS, PLANS, AND REGULATIONS. “The General Accounting Office shall, upon the request of any Member of the Congress— “(1) investigate the circumstances of any failure by the Secretary to submit any report or research finding or issue any regulation required by this Act by the time specified in the provision of this Act requiring the submission of such report or research finding or issuance of such regulation; and “(2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report containing the results of any investigation conducted pursuant to paragraph (1), including an identification of the cause of delay and of the office or offices of the Department of Education or of the Office of Management and Budget responsible for the delay. “SEC. 506. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS. “Nothing in this Act shall be construed to be inconsistent with appropriate Federal laws guaranteeing civil rights. “SEC. 507. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS. “(a) Attendance Costs Not Treated as Income or Resources.— The portion of any student financial assistance received under this Act that is made available for attendance costs described in subsection (b) shall not be considered as income or resources in determining eligibility for assistance under any other program funded in whole or in part with Federal funds. “(b) Attendance Costs.— The attendance costs described in this subsection are— “(1) tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including costs for rental or purchase of any equipment, mate-rials, or supplies required of all students in the same course of study; and “(2) an allowance for books, supplies, transportation, dependent care, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution. “SEC. 508. FEDERAL MONITORING. “The Secretary shall make every effort to provide adequate monitoring of compliance by recipients of assistance under this Act with the provisions of this Act. Such monitoring activities shall be devel-104 STAT. 832oped by the Secretary in consultation with parents, students, and advocacy organizations, and shall— “(1) consider items such as whether the provisions of the State plan are being fully implemented; “(2) consider items such as whether the State board’s monitoring of local recipients of assistance under this Act is adequate to assure full compliance with the provisions of this Act by such recipients; “(3) consider items such as whether the State-level coordinators for individuals who are members of special populations are able to review the local plans for serving such individuals; “(4) consider items such as whether the other State responsibilities under this Act are being implemented; and “(5) provide for input from students, parents, teachers, and special populations in the States. “PART B— STATE ADMINISTRATIVE PROVISIONS “SEC. 511. JOINT FUNDING. “(a) General Authority.— Funds made available to States under this Act may be used to provide additional funds under an applicable program if— “(1) such program otherwise meets the requirements of this Act and the requirements of the applicable program; “(2) such program serves the same individuals that are served under this Act; “(3) such program provides services in a coordinated manner with services provided under this Act; and “(4) such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources. “(b) Applicable Programs.— For the purposes of this section, the term ‘applicable program’ means any program under any of the following provisions of law: “(1) Section 123, title II, and title III of the Job Training Partnership Act. “(2) The WagnerPeyser Act. “(c) Issuance of Regulations.— Notwithstanding the provisions of section 504, the Secretary shall develop regulations to be issued under this section in consultation with the Secretary of Labor. “(d) Use of Funds as Matching Funds.— For the purposes of this section, the term ‘additional funds’ includes the use of funds as matching funds. “SEC. 512. REVIEW OF REGULATIONS. “(a) Establishment of Review Committee.— Except as provided in subsection (b), before any State publishes any proposed or final State rule or regulation pursuant to this Act, the State shall establish and convene a State Committee of Practitioners (in this section referred to as the ‘Committee’) for the purpose of reviewing such rule or regulation. The Committee shall be selected from nominees solicited from State organizations representing school administrators, teachers, parents, members of local boards of education, and appropriate representatives of institutions of higher education. The Committee shall consist of— “(1) representatives of local educational agencies, who shall constitute a majority of the members of the Committee; “(2) school administrators; 104 STAT. 833 “(3) teachers; “(4) parents; “(5) members of local boards of education; “(6) representatives of institutions of higher education; and “(7) students. “(b) Limited Exception.— In an emergency, where a regulation must be issued within a very limited time period to assist eligible recipients with the operation of a program, the State may issue a regulation without fulfilling the requirements of subsection (a), but shall immediately convene the Committee to review the regulation before it is issued in final form. “SEC. 513. IDENTIFICATION OF STATE-IMPOSED REQUIREMENTS. “Any State rule or policy imposed on the administration or 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. “Sec. 514. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE RELOCATION OF BUSINESSES. “No funds provided under this Act shall be used for the purpose of directly providing incentives or inducements to an employer to relocate a business enterprise from 1 State to another State if such relocation would result in a reduction in the number of jobs available in the State where the business enterprise is located before such incentives or inducements are offered. “SEC. 515. STATE ADMINISTRATIVE COSTS. “For each fiscal year for which a State receives assistance under this Act, the State shall provide from non-Federal sources for costs the State incurs for administration of programs under this Act an amount that is not less than the amount provided by the State from non-Federal sources for such costs for the preceding fiscal year. “SEC. 516. ADDITIONAL ADMINISTRATIVE PROVISIONS. “(a) In General.— (1) (A) Funds made available under title II shall be used 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 application, and in no case supplant such State or local funds. “(B) Notwithstanding subparagraph (A), funds made available under title II may be used to pay for the costs of vocational education services required in an individualized education plan developed pursuant to sections 612(4) and 614(a)(5) of the Education of the Handicapped Act, in a manner consistent with section 614(a)(1) of such Act, and services necessary to meet the requirements of section 504 of the Rehabilitation Act of 1973 with respect to ensuring equal access to vocational education. “(2) No State shall take into consideration payments under this Act in determining, for any educational agency or institution in that State, the eligibility for State aid, or the amount of State aid, with respect to public education within the State. “(b) Limitation.—Any project assisted with funds made available under title II shall be of sufficient size, scope, and quality to give reasonable promise of meeting the vocational education needs of the students involved in the project. 104 STAT. 834 “(c) Permissible Services and Activities.— (1) Vocational education services and activities authorized in title II may include work-site programs such as cooperative vocational education, programs with community-based organizations, work-study, and apprenticeship programs. “(2) Vocational education services and activities described in title II may include placement services for students who have success-fully completed vocational education programs. “(3) Vocational education services and activities described in title II may include programs which involve students in addressing the needs of the community in the production of goods or services which contribute to the community’s welfare or which involve the students with other community development planning, institutions, and enterprises. “(d) Academic Credit.— Each State board receiving financial assistance under title II may consider granting academic credit for vocational education courses which integrate core academic competencies.”.