amendments to the library services and construction act and the vocational education act of 1963 relating to bilingual education and vocational training

amendments to the library services and construction act and the vocational education act of 1963 relating to bilingual education and vocational training Sec. 841. (a) (1) Section 102 of the Vocational Education Act of 1963 is amended by redesignating subsection (c), and all references thereto, as subsection (d), and by adding after subsection (b) thereof the following new subsection: “(c) There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, for the purpose of carrying out section 122(a)(4)(C). Nothing in this subsection shall be construed to affect the availability for such purpose of appropriations made pursuant to subsection (a).”. (2) Clause (D) of section 104(a)(1) of such Act is amended by inserting before the comma at the end thereof the following: “and of persons of limited English-speaking ability (as defined in section 703 (a) of title VII of the Elementary and Secondary Education Act of 1965)”. 88 Stat. 607 (3) Clause (A)(vii) of section 104(b)(1) of such Act is amended by inserting before the comma at the end thereof the following: “(and may include, where appropriate, students who are persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965))”. (4) Section 108 of such Act is amended by adding at the end thereof the following new paragraphs: “(14) The term ‘vocational training’ means training or retraining which is conducted as part of a program designed to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but excluding any program to prepare individuals for employment in occupations which the Commissioner determines, and specifies by regulation, to be generally considered professional which requires a baccalaureate or higher degree; such term includes guidance and counseling (either individually or through group instruction) in connection with such training or for the purpose of facilitating occupational choices; instruction related to the occupation or occupations to which the students are in training or instruction necessary for students to benefit from such training; the training of persons engaged as, or preparing to become, instructors in a vocational training program; travel of students and vocational training personnel while engaged in a training program; and the acquisition, maintenance, and repair of instructional supplies, aids, and equipment, but such term does not include the construction, acquisition, or initial equipment of buildings or the acquisition or rental of land. “(15) The term ‘postsecondary educational institution’ means a nonprofit institution legally authorized to provide postsecondary education within a State for persons sixteen years of age or older, who have graduated from or left elementary or secondary school.”. (5) (A) Clause (4) of section 122(a) of such Act is amended by adding at the end thereof the following: “(C) vocational education for students of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965) carried out in coordination with bilingual education programs under such title VII and bilingual adult education programs under section 306(a)(11) of the Adult Education Act;”. (6) Section 191 of such Act, and all references thereto, is redesignated as section 189. (7) Title I of such Act is amended by adding at the end thereof the following new part: “Part J— Bilingual Vocational Training “statement of findings “Sec. 191. The Congress hereby finds that one of the most acute problems in the United States is that which involves millions of citizens, both children and adults, whose efforts to profit from vocational training is severely restricted by their limited English-speaking ability because they come from environments where the dominant language is other than English; that such persons are therefore unable to help to fill the critical need for more and better trained personnel in vital occupational categories; and that such persons are unable to make their maximum contribution to the Nation’s economy and must, in fact, suffer the hardships of unemployment or underemployment. The Congress further finds that there is a critical shortage of instructors 88 Stat. 608possessing both the job knowledge and skills and the dual language capabilities required for adequate vocational instruction of such language-handicapped persons, and a corresponding shortage of instructional materials and of instructional methods and techniques suitable for such instruction. “general responsibilities of the commissioner “Sec. 192. (a) The Commissioner and the Secretary of Labor together shall— “(1) develop and disseminate accurate information on the status of bilingual vocational training in all parts of the United States; “(2) evaluate the impact of such bilingual vocational training on the shortages of well-trained personnel, the unemployment or underemployment of persons with limited English-speaking ability, and the ability of such persons to contribute fully to the economy of the United States; and “(3) report their findings annually to the President and the Congress. “(b) The Commissioner shall consult with the Secretary of Labor with respect to the administration of this part. Regulations and guidelines promulgated by the Commissioner to carry out this part shall be consistent with those promulgated by the Secretary of Labor pursuant to section 301 (b) of the Comprehensive Employment and Training Act of 1973 and shall be approved by the Secretary of Labor before issuance. “authorization of appropriations “Sec. 193. There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, to carry out the provisions of this part. “authorization of grants “Sec. 194. (a) From the sums made available for grants under this part pursuant to section 193, the Commissioner is authorized to make grants to and enter into contracts with appropriate State agencies, local educational agencies, postsecondary educational institutions, private nonprofit vocational training institutions, and to other nonprofit organizations especially created to serve a group whose language as normally used is other than English in supplying training in recognized occupations and new and emerging occupations, and to enter into contracts with private for-profit agencies and organizations, to assist them in conducting bilingual vocational training programs for persons of all ages in all communities of the United States which are designed to insure that vocational training programs are available to all individuals who desire and need such bilingual vocational training. “(b) The Secretary shall pay to each applicant which has an application approved under this part an amount equal to the total sums expended by the applicant for the purposes set forth in that application. “use of federal funds “Sec. 195. Grants and contracts under this part may be used, in accordance with applications approved under section 197, for— “(1) bilingual vocational training programs for persons who have completed or left elementary or secondary school and who are available for training by a postsecondary educational institution; 88 Stat. 609 “(2) bilingual vocational training programs for persons who have already entered the labor market and who desire or need training or retraining to achieve year-round employment, adjust to changing manpower needs, expand their range of skills, or advance in employment; and “(3) training allowances for participants in bilingual vocational training programs subject to the same conditions and limitations as are set forth in section 111 of the Comprehensive Employment and Training Act of 1973. “applications “Sec. 196. (a) A grant or contract for assistance under this part may be made only upon application to the Commissioner at such time, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Each such application shall— “(1) provide that the activities and services for which assistance under this part is sought will be administered by or under the supervision of the applicant; “(2) set forth a program for carrying out the purposes described in section 195; and “(3) set forth a program of such size, scope, and design as will make a substantial contribution toward carrying out the purposes of this part. “(b) No grant or contract may be made under this part directly to a local educational agency or a postsecondary educational institution or a private vocational training institution or any other eligible agency or organization unless that agency, institution, or organization has submitted the application to the State board established under part B of this title, or in the case of a State that does not have such a board, the similar State agency, for comment and includes the comment of that board or agency with the application. “application approval by the commissioner “Sec. 197. (a) The Commissioner may approve an application for assistance under this part only if— “(1) the application meets the requirements set forth in subsection (a) of the previous section; “(2) in the case of an application submitted for assistance under this part to an agency, institution, or organization other than the State board established under part B of this title, the requirement of subsection (b) of the previous section is met; and “(3) in the case of an application submitted for assistance under this part, the Commissioner determines that the program is consistent with criteria established by him, where feasible, after consultation, with the State board established under part B of this title, for achieving equitable distribution of assistance under this part within that State. “(b) An amendment to an application shall, except as the Secretary may otherwise provide, be subject to approval in the same manner as the original application.”. (b) Clause (4) of section 6(b) of the Library Services and Construction Act is amended by inserting before the period at the end thereof a comma and the following: “and to programs and projects which serve areas with high concentrations of persons of limited 88 Stat. 610English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965, as amended)”. (c) The amendments made by this section shall be effective on and after July 1, 1974.