poses of this chapter and in providing students with skills that meet needs of employers;

(2) strategies for increasing cooperation between business and vocational education so that training is available for new technologies for which there is a demand;

(3) practical approaches to retraining adult workers, and to enhancing education, business, and labor cooperation in retraining efforts;

(4) effective ways of providing access to information regarding the market demand for skills that will enable State and local personnel to develop responsive vocational education curricula;

(5) the vocational education needs of the handicapped and the level of participation of the handicapped in vocational education programs; and

(6) the implementation of this chapter and the Job Training Partnership Act [29 U.S.C. 1501 et seq.), and policies needed to expand and improve vocational-technical education programs (and apprenticeship programs) in order to build a coordinated capacity to adequately prepare America's work force for employment.

(c) Authority of Chairperson

Subject to such rules and regulations as may be adopted by the Council, the Chairperson is authorized to

(1) prescribe such rules and regulations as may be necessary for conducting the business of the Council;

(2) appoint and fix the compensation of such personnel as the Chairperson considers necessary (including not to exceed five professional personnel), and appoint (with the approval of the Council) a Director, who shall be the chief executive officer of the Council and perform such duties as are prescribed by the Chairperson;

(3) procure the services of experts and consultants in accordance with section 3109 of title 5;

(4) accept voluntary and uncompensated services of professional personnel, consultants, and experts, notwithstanding any other provision of the law;

(5) accept in the name of the United States and employ or dispose of gifts or bequests to carry out the functions of the Council under this section;

(6) enter into contracts and grants and make such other arrangements and modifications, as may be necessary;

(7) conduct such hearings, studies, and research activities as the Council deems necessary to enable it to carry out its functions under this section;

(8) use the services, personnel, facilities, and information of any department, agency, or instrumentality of the executive branch of the Federal Government and the services, personnel, facilities, and information of State and local public agencies and private agencies and organizations, with the consent of such agencies, with or without reimbursement therefor; and

(9) make advance, progress, and other payments necessary under this section without regard to the provisions of section 3324(a) and (b) of title 31.

(d) Cooperation of other Federal agencies with Council

Upon request made by the Chairperson of the Council, each department, agency, and instrumentality of the executive branch of the Federal Government is authorized and directed to make its services, personnel, facilities, and information available to the greatest practicable extent to the Council in the performance of its functions under this section.

(e) Establishment of working groups on occupational competencies; membership; appointment; qualifications

The Council may establish working groups on occupational competencies to provide the Secretary, the President, the Congress, and the States with current information on the types and levels of occupational competencies necessary for entry and sustained productive employment in given jobs or industries, including levels of skills required, and equipment, methods, and facilities needed for the occupation. The Council may establish working groups for the occupations the Council considers important or necessary and may reconstitute such groups as occupational priorities are revised. Members of the working groups shall be appointed by the Council on the advice of national trade and professional associations and labor organizations. Working group members shall be individuals with specific knowledge in the technology and practice of the occupations relevant to the task of the group. The Council may provide the results and recommendations of the working groups to each State council on vocational education and other appropriate State agencies.

(f) Use of funds; service of staff specialists; working groups

The Council may use funds available for this part to obtain the services of staff specialists for working groups who have demonstrated technical skills and instructional ability in the occupations in question.

(g) Report to Congress and President

The Council shall make a report of its findings and recommendations to the President, the Congress, and the Secretary every second year, and may make such interim reports and recommendations as the Council may consider desirable. The Council shall include in such reports the manner in which the competency statements provided by the Council have been used by the States. The Council may include in such reports its evaluation of the status, progress, and needs of vocational education (including recommendations for Federal legislation and appropriations). Each such report shall include any minority, dissenting, or supplementary view submitted by any member of the Council. (Pub. L. 88-210, title IV, § 431, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2474.)

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsecs. (a)(2) and (b)(6), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified generally to chapter 19 (§ 1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

CODIFICATION

In subsec. (c)(9), "section 3324(a) and (b) of title 31" was substituted for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

TRANSITION PROVISIONS

Section 3(b)(2) of Pub. L. 98-524 provided that: "On the effective date of this Act [see Effective Date note set out under section 2301 of this title], the personnel, property, and records of the National Advisory Council on Vocational Education shall be transferred to the National Council on Vocational Education established under section 431 of this Act [this section]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 sections 1772, 1773.

PART E-BILINGUAL VOCATIONAL TRAINING

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2302, 2311, 3283 of this title.

§ 2441. Program authorized

(a) Authority of Secretary; institutions serving individuals with limited English proficiency; uses of grants and contracts

(1) From the sums made available to carry out this section in each fiscal year under section 2302(d) of this title, the Secretary is authorized to make grants to and to enter into contracts with appropriate State agencies, local educational agencies, postsecondary educational institutions, private nonprofit vocational training institutions, and other nonprofit organizations specially created to serve individuals who normally use a language other than English, for bilingual vocational education and training for individuals with limited English proficiency to prepare such individuals for jobs in recognized occupations and new and emerging occupations. Such training shall include instruction in the English language to ensure that participants in such training will be equipped to pursue such occupations in an English language environment. The Secretary may also enter into contracts with private for-profit agencies and organizations for bilingual vocational education and training programs.

(2) Grants and contracts under this subsection may be used for

(A) bilingual vocational training programs for individuals who have completed or left elementary or secondary school and who are available for education in a postsecondary educational institution;

(B) bilingual vocational education and training programs for individuals 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

(C) training allowances for participants in bilingual vocational training programs.

(b) Instructor training; preservice or inservice training; fellowships or traineeships; limitation on grant authority of Secretary

(1) From the sums made available to carry out this section, the Secretary is authorized to make grants to and to enter into contracts with State agencies and public and private nonprofit educational institutions and to enter into contracts with private for-profit educational institutions to assist such entities in conducting training for instructors of bilingual vocational education and training programs.

(2) Grants and contracts under this subsection may be used for

(A) preservice and inservice training for instructors, aides, counselors, or other ancillary personnel participating or preparing to participate in bilingual vocational training programs; and

(B) fellowships and traineeships for individuals participating in preservice or inservice training.

(3) The Secretary may not make a grant or enter into a contract under this subsection unless the Secretary determines that the applicant has an ongoing vocational training program in the field in which participants will be trained and can provide instructors with adequate language capabilities in the language other than English to be used in the program. (c) Instructional and curriculum materials; methods; techniques; research and training

(1) From the sums made available to carry out this section, the Secretary is authorized to make grants to and to enter into contracts with State agencies, educational institutions, and appropriate nonprofit organizations, and to enter into contracts with private for-profit organizations and individuals, to assist in the development of instructional and curriculum materials, methods, or techniques for bilingual vocational training.

(2) Grants and contracts under this subsection may be used for

(A) research in bilingual vocational training;

(B) training programs to familiarize State agencies and training institutions with research findings and with successful pilot and demonstration projects in bilingual vocational education and training; and

(C) experimental, developmental, pilot, and demonstration projects.

(d) Submission of application to Secretary; contents; Secretary to consult with State board; approval of application

(1) Any eligible entity which desires to receive a grant from the Secretary under subsection (a), (b), or (c) of this section shall submit an application to the Secretary in such form, at such times, and accompanied by such information as the Secretary may require. Such application shall provide that the activities and services for

which assistance is sought will be administered by or under the supervision of the applicant.

(2) An application pursuant to subsection (a) of this section shall (A) set forth a program of such size, scope, and design as will make a substantial contribution toward carrying out the purposes of this section, and (B) be submitted to the State board or agency under section 2321 of this title for review and comment. Any such comments shall be included for submission to the Secretary.

(3) An application pursuant to subsection (c) of this section shall set forth the qualifications of staff responsible for any such program.

(4) An application pursuant to subsection (b) of this section shall

(A) describe the capabilities of the applicant (including vocational training or education courses offered by the applicant, accreditation, and any certification of courses by appropriate State agencies);

(B) describe the qualifications of principal staff responsible for any program under subsection (b) of this section; and

(C) describe minimum qualifications for individuals participating or to participate in any program, describe the selection process for such individuals, and the projected amount of the fellowships or traineeships, if any.

(5) Prior to making grants or contracts under subsection (a) or (b) of this section, the Secretary shall consult with the State board under section 2321 of this title to ensure an equitable distribution of assistance among populations of individuals with limited English proficiency within the State.

(6) The Secretary may approve an application for assistance under this section only if the application meets the requirements set forth under this section. An amendment to an application shall, except as the Secretary may otherwise provide, be subject to approval in the same manner as the initial application.

(e) Consultation with Secretary of Labor; programs in Puerto Rico; gathering and dissemination of information

(1) The Secretary shall administer programs under this section in consultation with the Secretary of Labor.

(2) Programs of bilingual vocational education and training under this section in the Commonwealth of Puerto Rico may provide for the needs of students of limited Spanish proficiency.

(3) The Secretary of Education, in consultation with the Secretary of Labor, shall gather and disseminate information concerning the status of bilingual vocational education in all geographic regions and shall evaluate the impact of bilingual vocational education on occupational shortages of skilled workers, the unemployment or underemployment of individuals with limited English proficiency, and the ability of such individuals to acquire sufficient job skills and English language skills to fully contribute to the economy. The Secretary of Education and the Secretary of Labor shall annually report their findings to the President and the Congress.

(f) Minimum funding for grants and contracts

(1) For each fiscal year, not less than 75 per centum of sums appropriated for the purposes of this section shall be available only for grants and contracts under subsection (a) of this section.

(2) For each fiscal year, not less than 15 per centum of the sums appropriated for the purposes of this section shall be available only for grants and contracts under subsection (b) of this section.

(3) For each fiscal year, not less than 10 per centum of sums appropriated for the purposes of this section shall be available only for grants and contracts under subsection (c) of this section.

(Pub. L. 88-210, title IV, § 441, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2477.)

PART F-GENERAL PROVISIONS

§ 2451. Distribution of assistance

(a) Subject to the provisions of subsection (b) of this section, of the amounts available pursuant to section 2302(e) of this title for any fiscal year for this subchapter

(1) 35 percent shall be available for part A, relating to research,

(2) 35 percent shall be available for part B, relating to demonstration projects; and

(3) 30 percent shall be available for part C, relating to vocational education in occupational information data systems.

(b) Notwithstanding the provisions of subsection (a) of this section

(1) there shall be available in each fiscal year not less than $6,000,000 to carry out the provisions of section 2404 of this title, relating to the National Center for Research;

(2) there shall be available for each fiscal year not less than $3,500,000 for the purpose of carrying out section 2422 of this title, relating to the occupational information system; and

(3) there shall be available in each fiscal year $500,000 for the purpose of carrying out part D, relating to the National Council. (Pub. L. 88-210, title IV, § 451, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2479.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2411, 2422 of this title.

SUBCHAPTER V-GENERAL PROVISIONS
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 2323 of this
title.

PART A-FEDERAL ADMINISTRATIVE PROVISIONS § 2461. Payments

(a) Federal share of costs of carrying out State plan The Secretary shall pay from its allotment under section 2311 of this title to each State for any fiscal year for which the State has a State plan approved in accordance with section 2324 of this title (including any amendment to such

plan) the Federal share of the costs of carrying out the State plan. (b) State councils

The Secretary shall pay to each State council of a State which has a State plan approved in accordance with section 2324 of this title, from its allotment under section 2322(f) of this title, an amount equal to the reasonable amounts expended by the State council in carrying out its functions under this chapter in such fiscal year. (Pub. L. 88-210, title V, § 501, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2479.)

§ 2462. Federal share

(a) Composition of share

The Federal share for each fiscal year shall not exceed

(1) 50 percent of the costs of administration of the State plan;

(2) 50 percent of the costs of administration of vocational education services and activities of eligible recipients;

(3)(A) 50 percent of the costs of vocational education services and activities under part A of subchapter II of this chapter for individuals described in clauses (1), (2), and (3) of section 2331(b) of this title;

(B) 100 percent of the costs of vocational education programs, services, and activities under part A of subchapter II of this chapter for individuals described in clauses (4), (5), and (6) of section 2331(b) of this title;

(4) 50 percent of the costs of vocational education improvement, innovation, and expansion programs under part B of subchapter II of this chapter;

(5) 100 percent of the costs of the State council under section 2322 of this title;

(6) 100 percent of the costs to carry out the provisions of section 2321(b)(3) of this title; and

(7) except as otherwise provided, 100 percent of the costs of programs under subchapter III of this chapter.

(b) Non-Federal contributions

The non-Federal contribution for the costs of vocational education programs, services, and activities for the handicapped and the disadvantaged under part A of subchapter II of this chapter shall be furnished equitably by the State from State and local sources, except that the 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. The non-Federal contributions for the costs of vocational education programs, services, and activities for the disadvantaged 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.

(Pub. L. 88-210, title V, § 502, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2479, and amended Pub. L. 99-159, title VII, § 711, Nov. 22, 1985, 99 Stat. 907.)

AMENDMENTS

1985-Subsec. (a). Pub. L. 99-159, § 711(a), in provisions preceding par. (1) substituted "not exceed" for "be".

Subsec. (a)(2). Pub. L. 99–159, § 711(b)(1), struck out "not to exceed" before "50 percent".

Subsec. (b). Pub. L. 99-159, § 711(b)(2), inserted provisions relating to manner of payment of non-Federal contributions.

EFFECTIVE DATE of 1985 AMENDMENT

Amendment by Pub. L. 99-159 effective July 1, 1985, see section 714(a) of Pub. L. 99-159, set out as a note under section 2311 of this title.

§ 2463. Maintenance of effort

(a) Limitation on payments; determination by Secretary

No payments shall be made under this chapter for any fiscal year to a State unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for vocational education for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for vocational education for the second preceding fiscal year. (b) Waiver of requirements

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 such a waiver may be used as the basis for computing the fiscal effort required under this section for years subsequent to the year covered by such waiver; such fiscal effort shall be computed on the basis of the level of funding which would, but for such waiver, have been required.

(Pub. L. 88-210, title V, § 503, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2480.)

§ 2464. Withholding; judicial review

(a) Withholding of payments; conditions

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State board, finds that

(1) the State plan approved under section 2324 of this title has been so changed that it no longer complies with the provisions of this chapter; or

(2) in the administration of the State plan or of programs conducted pursuant to it there is a failure to comply substantially with any such provision,

the Secretary shall notify such State board that no further payments will be made to the State under this chapter (or, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure) until satisfied that there will no longer be any failure to comply. Until so satisfied, the Secretary shall make no further payments to such State under this chapter (or

shall limit payments to programs under, or portions of, the State plan not affected by such failure).

(b) State board; judicial review

A State board which is dissatisfied with a final action of the Secretary under this section may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which action is based, as provided in section 2112 of title 28. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set aside such action, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his action. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari certification as provided in section 1254 of title 28. The commencement of proceedings under this subsection shall, unless specifically ordered otherwise by the court, operate as a stay of the Secretary's action. (c) Eligible recipient; judicial review

(1) If any eligible recipient is dissatisfied with the final action of the State board or other appropriate State administering agency with respect to approval of its local application, such eligible recipient may, within sixty days after such final action or notice thereof, whichever is later, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the State board or other appropriate State administering agency. The State board or such other agency thereupon shall file in the court the record of the proceeding on which the State board or such other agency based its action, as provided in section 2112 of title 28.

(2) The findings of fact by the State board or other appropriate administering agency, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the State board or such other agency to take further evidence, and the State board or such other agency may thereupon make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings.

(3) The court shall have jurisdiction to affirm the action of the State board or other appropriate administering agency or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari certification as provided in section 1254 of title 28. (d) Rules; hearings funds made available from appropriations; definitions

(1) The Secretary shall prescribe and implement rules to assure that any hearing conducted under section 1234b of this title in connection with funds made available from appropriations under this chapter shall be held within the State of the affected unit of local government or geographic area within the State. (2) For the purposes of paragraph (1)—

(A) the term "unit of local government" means a county, municipality, town, township, village, or other unit of general government below the State level; and

(B) the term "geographic area within a State" means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.

(Pub. L. 88-210, title V, § 504, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2480, and amended Pub. L. 99-159, title VII, § 713(a)(3), Nov. 22, 1985, 99 Stat. 907.)

AMENDMENTS

1985-Subsec. (d)(1). Pub. L. 99-159 substituted reference to section 1234b of this title for reference to section 434(c) of the General Education Provisions Act.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-159 effective July 1, 1985, see section 714(a) of Pub. L. 99-159, set out as a note under section 2311 of this title.

§ 2465. Audits

Each State shall obtain financial and compliance audits of any funds which the State receives under this chapter. Such audits shall be made public within the State on a timely basis. Audits shall be conducted at least every two years and shall be conducted in accordance with the Comptroller General's Standard for Audit of Governmental Organizations, Programs, Activities, and Functions.

(Pub. L. 88-210, title V, § 505, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2482.)

§ 2466. Authority to make payments

Any authority to make payments or to enter into contracts under this chapter shall be available only to such extent or in such amounts as are provided in advance appropriation Acts. (Pub. L. 88-210, title V, § 506, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2482.)

PART B-DEFINITIONS

§ 2471. Definitions

As used in this chapter: