Text: S.250 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-270 (08/12/2006)

 
[109th Congress Public Law 270]
[From the U.S. Government Printing Office]


[DOCID: f:publ270.109]

[[Page 120 STAT. 683]]

Public Law 109-270
109th Congress

                                 An Act


 
 To amend the Carl D. Perkins Vocational and Technical Education Act of 
      1998 to improve the Act. <<NOTE: Aug. 12, 2006 -  [S. 250]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Carl D. Perkins Career and 
Technical Education Improvement Act of 2006. 20 USC 2301 
note.>> assembled,

SECTION 1. SHORT TITLE; AMENDMENT.

    (a) Short Title.--This Act may be cited as the ``Carl D. Perkins 
Career and Technical Education Improvement Act of 2006''.
    (b) Amendment.--The Carl D. Perkins Vocational and Technical 
Education Act of 1998 (20 U.S.C. 2301 et seq.) is amended to read as 
follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) <<NOTE: 20 USC 2301 note.>> Short Title.--This Act may be 
cited as the `Carl D. Perkins Career and Technical Education Act of 
2006'.

    ``(b) Table of Contents.--The table of contents for this Act is as 
follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.

   ``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

                   ``PART A--Allotment and Allocation

``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical 
           institutions.
``Sec. 118. Occupational and employment information.

                       ``PART B--State Provisions

``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.

                       ``PART C--Local Provisions

``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.

[[Page 120 STAT. 684]]

``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local plan for career and technical education programs.
``Sec. 135. Local uses of funds.

                     ``TITLE II--TECH PREP EDUCATION

``Sec. 201. State allotment and application.
``Sec. 202. Consolidation of funds.
``Sec. 203. Tech prep program.
``Sec. 204. Consortium applications.
``Sec. 205. Report.
``Sec. 206. Authorization of appropriations.

                     ``TITLE III--GENERAL PROVISIONS

               ``PART A--Federal Administrative Provisions

``Sec. 311. Fiscal requirements.
``Sec. 312. Authority to make payments.
``Sec. 313. Construction.
``Sec. 314. Voluntary selection and participation.
``Sec. 315. Limitation for certain students.
``Sec. 316. Federal laws guaranteeing civil rights.
``Sec. 317. Participation of private school personnel and children.
``Sec. 318. Limitation on Federal regulations.

                ``PART B--State Administrative Provisions

``Sec. 321. Joint funding.
``Sec. 322. Prohibition on use of funds to induce out-of-state 
           relocation of businesses.
``Sec. 323. State administrative costs.
``Sec. 324. Student assistance and other Federal programs.

``SEC. 2. <<NOTE: 20 USC 2301.>> PURPOSE.

    ``The purpose of this Act is to develop more fully the academic and 
career and technical skills of secondary education students and 
postsecondary education students who elect to enroll in career and 
technical education programs, by--
            ``(1) building on the efforts of States and localities to 
        develop challenging academic and technical standards and to 
        assist students in meeting such standards, including preparation 
        for high skill, high wage, or high demand occupations in current 
        or emerging professions;
            ``(2) promoting the development of services and activities 
        that integrate rigorous and challenging academic and career and 
        technical instruction, and that link secondary education and 
        postsecondary education for participating career and technical 
        education students;
            ``(3) increasing State and local flexibility in providing 
        services and activities designed to develop, implement, and 
        improve career and technical education, including tech prep 
        education;
            ``(4) conducting and disseminating national research and 
        disseminating information on best practices that improve career 
        and technical education programs, services, and activities;
            ``(5) providing technical assistance that--
                    ``(A) promotes leadership, initial preparation, and 
                professional development at the State and local levels; 
                and
                    ``(B) improves the quality of career and technical 
                education teachers, faculty, administrators, and 
                counselors;
            ``(6) supporting partnerships among secondary schools, 
        postsecondary institutions, baccalaureate degree granting 
        institutions, area career and technical education schools, local 
        workforce investment boards, business and industry, and 
        intermediaries; and
            ``(7) providing individuals with opportunities throughout 
        their lifetimes to develop, in conjunction with other education

[[Page 120 STAT. 685]]

        and training programs, the knowledge and skills needed to keep 
        the United States competitive.

``SEC. 3. <<NOTE: 20 USC 2302.>> DEFINITIONS.

    ``Unless otherwise specified, in this Act:
            ``(1) Administration.--The term `administration', when used 
        with respect to an eligible agency or eligible recipient, means 
        activities necessary for the proper and efficient performance of 
        the eligible agency or eligible recipient's duties under this 
        Act, including the supervision of such activities. Such term 
        does not include curriculum development activities, personnel 
        development, or research activities.
            ``(2) All aspects of an industry.--The term `all aspects of 
        an industry' means strong experience in, and comprehensive 
        understanding of, the industry that the individual is preparing 
        to enter, including information as described in section 118.
            ``(3) Area career and technical education school.--The term 
        `area career and technical education school' means--
                    ``(A) a specialized public secondary school used 
                exclusively or principally for the provision of career 
                and technical education to individuals who are available 
                for study in preparation for entering the labor market;
                    ``(B) the department of a public secondary school 
                exclusively or principally used for providing career and 
                technical education in not fewer than 5 different 
                occupational fields to individuals who are available for 
                study in preparation for entering the labor market;
                    ``(C) a public or nonprofit technical institution or 
                career and technical education school used exclusively 
                or principally for the provision of career and technical 
                education to individuals who have completed or left 
                secondary school and who are available for study in 
                preparation for entering the labor market, if the 
                institution or school admits, as regular students, 
                individuals who have completed secondary school and 
                individuals who have left secondary school; or
                    ``(D) the department or division of an institution 
                of higher education, that operates under the policies of 
                the eligible agency and that provides career and 
                technical education in not fewer than 5 different 
                occupational fields leading to immediate employment but 
                not necessarily leading to a baccalaureate degree, if 
                the department or division admits, as regular students, 
                both individuals who have completed secondary school and 
                individuals who have left secondary school.
            ``(4) Articulation agreement.--The term `articulation 
        agreement' means a written commitment--
                    ``(A) that is agreed upon at the State level or 
                approved annually by the lead administrators of--
                          ``(i) a secondary institution and a 
                      postsecondary educational institution; or
                          ``(ii) a subbaccalaureate degree granting 
                      postsecondary educational institution and a 
                      baccalaureate degree granting postsecondary 
                      educational institution; and
                    ``(B) to a program that is--

[[Page 120 STAT. 686]]

                          ``(i) designed to provide students with a 
                      nonduplicative sequence of progressive achievement 
                      leading to technical skill proficiency, a 
                      credential, a certificate, or a degree; and
                          ``(ii) linked through credit transfer 
                      agreements between the 2 institutions described in 
                      clause (i) or (ii) of subparagraph (A) (as the 
                      case may be).
            ``(5) Career and technical education.--The term `career and 
        technical education' means organized educational activities 
        that--
                    ``(A) offer a sequence of courses that--
                          ``(i) provides individuals with coherent and 
                      rigorous content aligned with challenging academic 
                      standards and relevant technical knowledge and 
                      skills needed to prepare for further education and 
                      careers in current or emerging professions;
                          ``(ii) provides technical skill proficiency, 
                      an industry-recognized credential, a certificate, 
                      or an associate degree; and
                          ``(iii) may include prerequisite courses 
                      (other than a remedial course) that meet the 
                      requirements of this subparagraph; and
                    ``(B) include competency-based applied learning that 
                contributes to the academic knowledge, higher-order 
                reasoning and problem-solving skills, work attitudes, 
                general employability skills, technical skills, and 
                occupation-specific skills, and knowledge of all aspects 
                of an industry, including entrepreneurship, of an 
                individual.
            ``(6) Career and technical student organization.--
                    ``(A) In general.--The term `career and technical 
                student organization' means an organization for 
                individuals enrolled in a career and technical education 
                program that engages in career and technical education 
                activities as an integral part of the instructional 
                program.
                    ``(B) State and national units.--An organization 
                described in subparagraph (A) may have State and 
                national units that aggregate the work and purposes of 
                instruction in career and technical education at the 
                local level.
            ``(7) Career guidance and academic counseling.--The term 
        `career guidance and academic counseling' means guidance and 
        counseling that--
                    ``(A) provides access for students (and parents, as 
                appropriate) to information regarding career awareness 
                and planning with respect to an individual's 
                occupational and academic future; and
                    ``(B) provides information with respect to career 
                options, financial aid, and postsecondary options, 
                including baccalaureate degree programs.
            ``(8) Charter school.--The term `charter school' has the 
        meaning given the term in section 5210 of the Elementary and 
        Secondary Education Act of 1965.
            ``(9) Cooperative education.--The term `cooperative 
        education' means a method of education for individuals who, 
        through written cooperative arrangements between a school and 
        employers, receive instruction, including required rigorous

[[Page 120 STAT. 687]]

        and challenging academic courses and related career and 
        technical education instruction, by alternation of study in 
        school with a job in any occupational field, which alternation--
                    ``(A) shall be planned and supervised by the school 
                and employer so that each contributes to the education 
                and employability of the individual; and
                    ``(B) may include an arrangement in which work 
                periods and school attendance may be on alternate half 
                days, full days, weeks, or other periods of time in 
                fulfilling the cooperative program.
            ``(10) Displaced homemaker.--The term `displaced homemaker' 
        means an individual who--
                    ``(A)(i) has worked primarily without remuneration 
                to care for a home and family, and for that reason has 
                diminished marketable skills;
                    ``(ii) has been dependent on the income of another 
                family member but is no longer supported by that income; 
                or
                    ``(iii) is a parent whose youngest dependent child 
                will become ineligible to receive assistance under part 
                A of title IV of the Social Security Act (42 U.S.C. 601 
                et seq.) not later than 2 years after the date on which 
                the parent applies for assistance under such title; and
                    ``(B) is unemployed or underemployed and is 
                experiencing difficulty in obtaining or upgrading 
                employment.
            ``(11) Educational service agency.--The term `educational 
        service agency' has the meaning given the term in section 9101 
        of the Elementary and Secondary Education Act of 1965.
            ``(12) Eligible agency.--The term `eligible agency' means a 
        State board designated or created consistent with State law as 
        the sole State agency responsible for the administration of 
        career and technical education in the State or for the 
        supervision of the administration of career and technical 
        education in the State.
            ``(13) Eligible institution.--The term `eligible 
        institution' means--
                    ``(A) a public or nonprofit private institution of 
                higher education that offers career and technical 
                education courses that lead to technical skill 
                proficiency, an industry-recognized credential, a 
                certificate, or a degree;
                    ``(B) a local educational agency providing education 
                at the postsecondary level;
                    ``(C) an area career and technical education school 
                providing education at the postsecondary level;
                    ``(D) a postsecondary educational institution 
                controlled by the Bureau of Indian Affairs or 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 and Education Assistance Act (25 U.S.C. 
                450 et seq.) or the Act of April 16, 1934 (25 U.S.C. 452 
                et seq.);
                    ``(E) an educational service agency; or
                    ``(F) a consortium of 2 or more of the entities 
                described in subparagraphs (A) through (E).
            ``(14) Eligible recipient.--The term `eligible recipient' 
        means--

[[Page 120 STAT. 688]]

                    ``(A) a local educational agency (including a public 
                charter school that operates as a local educational 
                agency), an area career and technical education school, 
                an educational service agency, or a consortium, eligible 
                to receive assistance under section 131; or
                    ``(B) an eligible institution or consortium of 
                eligible institutions eligible to receive assistance 
                under section 132.
            ``(15) Governor.--The term `Governor' means the chief 
        executive officer of a State.
            ``(16) Individual with limited english proficiency.--The 
        term `individual with limited English proficiency' means a 
        secondary school student, an adult, or an out-of-school youth, 
        who has limited ability in speaking, reading, writing, or 
        understanding the English language, and--
                    ``(A) whose native language is a language other than 
                English; or
                    ``(B) who lives in a family or community environment 
                in which a language other than English is the dominant 
                language.
            ``(17) Individual with a disability.--
                    ``(A) In general.--The term `individual with a 
                disability' means an individual with any disability (as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102)).
                    ``(B) Individuals with disabilities.--The term 
                `individuals with disabilities' means more than 1 
                individual with a disability.
            ``(18) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the term 
        in section 101 of the Higher Education Act of 1965.
            ``(19) Local educational agency.--The term `local 
        educational agency' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965.
            ``(20) Non-traditional fields.--The term `non-traditional 
        fields' means occupations or fields of work, including careers 
        in computer science, technology, and other current and emerging 
        high skill occupations, for which individuals from one gender 
        comprise less than 25 percent of the individuals employed in 
        each such occupation or field of work.
            ``(21) Outlying area.--The term `outlying area' means the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and the Republic 
        of Palau.
            ``(22) Postsecondary educational institution.--The term 
        `postsecondary educational institution' means--
                    ``(A) an institution of higher education that 
                provides not less than a 2-year program of instruction 
                that is acceptable for credit toward a bachelor's 
                degree;
                    ``(B) a tribally controlled college or university; 
                or
                    ``(C) a nonprofit educational institution offering 
                certificate or apprenticeship programs at the 
                postsecondary level.
            ``(23) Postsecondary education tech prep student.--The term 
        `postsecondary education tech prep student' means a student 
        who--
                    ``(A) has completed the secondary education 
                component of a tech prep program; and

[[Page 120 STAT. 689]]

                    ``(B) has enrolled in the postsecondary education 
                component of a tech prep program at an institution of 
                higher education described in clause (i) or (ii) of 
                section 203(a)(1)(B).
            ``(24) School dropout.--The term `school dropout' means an 
        individual who is no longer attending any school and who has not 
        received a secondary school diploma or its recognized 
        equivalent.
            ``(25) Scientifically based research.--The term 
        `scientifically based research' means research that is carried 
        out using scientifically based research standards, as defined in 
        section 102 of the Education Sciences Reform Act of 2002 (20 
        U.S.C. 9501).
            ``(26) Secondary education tech prep student.--The term 
        `secondary education tech prep student' means a secondary 
        education student who has enrolled in 2 courses in the secondary 
        education component of a tech prep program.
            ``(27) Secondary school.--The term `secondary school' has 
        the meaning given the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.
            ``(28) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(29) Special populations.--The term `special populations' 
        means--
                    ``(A) individuals with disabilities;
                    ``(B) individuals from economically disadvantaged 
                families, including foster children;
                    ``(C) individuals preparing for non-traditional 
                fields;
                    ``(D) single parents, including single pregnant 
                women;
                    ``(E) displaced homemakers; and
                    ``(F) individuals with limited English proficiency.
            ``(30) State.--The term `State', unless otherwise specified, 
        means each of the several States of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and each 
        outlying area.
            ``(31) Support services.--The term `support services' means 
        services related to curriculum modification, equipment 
        modification, classroom modification, supportive personnel, and 
        instructional aids and devices.
            ``(32) Tech prep program.--The term `tech prep program' 
        means a tech prep program described in section 203(c).
            ``(33) Tribally controlled college or university.--The term 
        `tribally controlled college or university' has the meaning 
        given the term in section 2(a) of the Tribally Controlled 
        College or University Assistance Act of 1978 (25 U.S.C. 
        1801(a)).
            ``(34) Tribally controlled postsecondary career and 
        technical institution.--The term `tribally controlled 
        postsecondary career and technical institution' means an 
        institution of higher education (as defined in section 101 of 
        the Higher Education Act of 1965, except that subsection (a)(2) 
        of such section shall not be applicable and the reference to 
        Secretary in subsection (a)(5) of such section shall be deemed 
        to refer to the Secretary of the Interior) that--
                    ``(A) is formally controlled, or has been formally 
                sanctioned or chartered, by the governing body of an 
                Indian tribe or Indian tribes;

[[Page 120 STAT. 690]]

                    ``(B) offers a technical degree or certificate 
                granting program;
                    ``(C) is governed by a board of directors or 
                trustees, a majority of whom are Indians;
                    ``(D) demonstrates adherence to stated goals, a 
                philosophy, or a plan of operation, that fosters 
                individual Indian economic and self-sufficiency 
                opportunity, including programs that are appropriate to 
                stated tribal goals of developing individual 
                entrepreneurships and self-sustaining economic 
                infrastructures on reservations;
                    ``(E) has been in operation for at least 3 years;
                    ``(F) holds accreditation with or is a candidate for 
                accreditation by a nationally recognized accrediting 
                authority for postsecondary career and technical 
                education; and
                    ``(G) enrolls the full-time equivalent of not less 
                than 100 students, of whom a majority are Indians.

``SEC. 4. <<NOTE: 20 USC 2303.>> TRANSITION PROVISIONS.

    ``The Secretary shall take such steps as the Secretary determines to 
be appropriate to provide for the orderly transition to the authority of 
this Act (as amended by the Carl D. Perkins Career and Technical 
Education Improvement Act of 2006) from any authority under the 
provisions of the Carl D. Perkins Vocational and Technical Education Act 
of 1998, as in effect on the day before the date of enactment of the 
Carl D. Perkins Career and Technical Education Improvement Act of 2006. 
The Secretary shall give each eligible agency the opportunity to submit 
a transition plan for the first fiscal year following the date of 
enactment of the Carl D. Perkins Career and Technical Education 
Improvement Act of 2006.

``SEC. 5. <<NOTE: 20 USC 2304.>> PRIVACY.

    ``(a) GEPA.--Nothing in this Act shall be construed to supersede the 
privacy protections afforded parents and students under section 444 of 
the General Education Provisions Act (20 U.S.C. 1232g).
    ``(b) Prohibition on Development of National Database.--Nothing in 
this Act shall be construed to permit the development of a national 
database of personally identifiable information on individuals receiving 
services under this Act.

``SEC. 6. <<NOTE: 20 USC 2305.>> LIMITATION.

    ``All of the funds made available under this Act shall be used in 
accordance with the requirements of this Act.

``SEC. 7. <<NOTE: 20 USC 2306.>> SPECIAL RULE.

    ``In the case of a local community in which no employees are 
represented by a labor organization, for purposes of this Act, the term 
`representatives of employees' shall be substituted for `labor 
organization'.

``SEC. 8. <<NOTE: 20 USC 2306a.>> PROHIBITIONS.

    ``(a) Local Control.--Nothing in this Act shall be construed to 
authorize an officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or school's 
curriculum, program of instruction, or allocation of State or local 
resources, or mandate a State or any subdivision thereof

[[Page 120 STAT. 691]]

to spend any funds or incur any costs not paid for under this Act, 
except as required under sections 112(b), 311(b), and 323.
    ``(b) No Preclusion of Other Assistance.--Any State that declines to 
submit an application to the Secretary for assistance under this Act 
shall not be precluded from applying for assistance under any other 
program administered by the Secretary.
    ``(c) Prohibition on Requiring Federal Approval or Certification of 
Standards.--Notwithstanding any other provision of Federal law, no State 
shall be required to have academic and career and technical content 
standards or student academic and career and technical achievement 
standards approved or certified by the Federal Government, in order to 
receive assistance under this Act.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to affect the requirements under section 113.
    ``(e) Coherent and Rigorous Content.--For the purposes of this Act, 
coherent and rigorous content shall be determined by the State 
consistent with section 1111(b)(1)(D) of the Elementary and Secondary 
Education Act of 1965.

``SEC. 9. <<NOTE: 20 USC 2307.>> AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this Act 
(other than sections 114, 117, and 118, and title II) such sums as may 
be necessary for each of the fiscal years 2007 through 2012.

   ``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

                   ``PART A--ALLOTMENT AND ALLOCATION

``SEC. 111. <<NOTE: 20 USC 2321.>> RESERVATIONS AND STATE ALLOTMENT.

    ``(a) Reservations and State Allotment.--
            ``(1) Reservations.--From the sum appropriated under section 
        9 for each fiscal year, the Secretary shall reserve--
                    ``(A) 0.13 percent to carry out section 115; and
                    ``(B) 1.50 percent to carry out section 116, of 
                which--
                          ``(i) 1.25 percent of the sum shall be 
                      available to carry out section 116(b); and
                          ``(ii) 0.25 percent of the sum shall be 
                      available to carry out section 116(h).
            ``(2) State allotment formula.--Subject to paragraphs (3), 
        (4), and (5), from the remainder of the sum appropriated under 
        section 9 and not reserved under paragraph (1) for a fiscal 
        year, the Secretary shall allot to a State for the fiscal year--
                    ``(A) an amount that bears the same ratio to 50 
                percent of the sum being allotted as the product of the 
                population aged 15 to 19 inclusive, in the State in the 
                fiscal year preceding the fiscal year for which the 
                determination is made and the State's allotment ratio 
                bears to the sum of the corresponding products for all 
                the States;
                    ``(B) an amount that bears the same ratio to 20 
                percent of the sum being allotted as the product of the 
                population

[[Page 120 STAT. 692]]

                aged 20 to 24, inclusive, in the State in the fiscal 
                year preceding the fiscal year for which the 
                determination is made and the State's allotment ratio 
                bears to the sum of the corresponding products for all 
                the States;
                    ``(C) an amount that bears the same ratio to 15 
                percent of the sum being allotted as the product of the 
                population aged 25 to 65, inclusive, in the State in the 
                fiscal year preceding the fiscal year for which the 
                determination is made and the State's allotment ratio 
                bears to the sum of the corresponding products for all 
                the States; and
                    ``(D) an amount that bears the same ratio to 15 
                percent of the sum being allotted as the amounts 
                allotted to the State under subparagraphs (A), (B), and 
                (C) for such years bears to the sum of the amounts 
                allotted to all the States under subparagraphs (A), (B), 
                and (C) for such year.
            ``(3) Minimum allotment for years with no additional 
        funds.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraphs (B) and 
                (C), and paragraph (5), for a fiscal year for which 
                there are no additional funds (as such term is defined 
                in paragraph (4)(D)), no State shall receive for such 
                fiscal year under this subsection less than \1/2\ of 1 
                percent of the amount appropriated under section 9 and 
                not reserved under paragraph (1) for such fiscal year. 
                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.
                    ``(B) Requirement.--No State, by reason of the 
                application of subparagraph (A), shall receive for a 
                fiscal year more than 150 percent of the amount the 
                State received under this subsection for the preceding 
                fiscal year.
                    ``(C) Special rule.--
                          ``(i) In general.--Subject to paragraph (5), 
                      no State, by reason of the application of 
                      subparagraph (A), shall be allotted for a fiscal 
                      year more than the lesser of--
                                    ``(I) 150 percent of the amount that 
                                the State received in the preceding 
                                fiscal year; and
                                    ``(II) the amount calculated under 
                                clause (ii).
                          ``(ii) Amount.--The amount calculated under 
                      this clause shall be determined by multiplying--
                                    ``(I) the number of individuals in 
                                the State counted under paragraph (2) in 
                                the preceding fiscal year; by
                                    ``(II) 150 percent of the national 
                                average per pupil payment made with 
                                funds available under this section for 
                                that year.
            ``(4) Minimum allotment for years with additional funds.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                paragraph (5), for a fiscal year for which there are 
                additional funds, no State shall receive for such fiscal 
                year under this subsection less than \1/2\ of 1 percent 
                of the amount appropriated under section 9 and not 
                reserved under paragraph (1) for such fiscal year. 
                Amounts necessary for increasing such payments to States 
                to comply

[[Page 120 STAT. 693]]

                with the preceding sentence shall be obtained by ratably 
                reducing the amounts to be paid to other States.
                    ``(B) Special rule.--In the case of a qualifying 
                State, the minimum allotment under subparagraph (A) for 
                a fiscal year for the qualifying State shall be the 
                lesser of--
                          ``(i) \1/2\ of 1 percent of the amount 
                      appropriated under section 9 and not reserved 
                      under paragraph (1) for such fiscal year; and
                          ``(ii) the sum of--
                                    ``(I) the amount the qualifying 
                                State was allotted under paragraph (2) 
                                for fiscal year 2006 (as such paragraph 
                                was in effect on the day before the date 
                                of enactment of the Carl D. Perkins 
                                Career and Technical Education 
                                Improvement Act of 2006); and
                                    ``(II) the product of--
                                            ``(aa) \1/3\ of the 
                                        additional funds; multiplied by
                                            ``(bb) the quotient of--
                                    ``(AA) the qualifying State's ratio 
                                described in subparagraph (C) for the 
                                fiscal year for which the determination 
                                is made; divided by
                                    ``(BB) the sum of all such ratios 
                                for all qualifying States for the fiscal 
                                year for which the determination is 
                                made.
                    ``(C) Ratio.--For purposes of subparagraph 
                (B)(ii)(II)(bb)(AA), the ratio for a qualifying State 
                for a fiscal year shall be 1.00 less the quotient of--
                          ``(i) the amount the qualifying State was 
                      allotted under paragraph (2) for fiscal year 2006 
                      (as such paragraph was in effect on the day before 
                      the date of enactment of the Carl D. Perkins 
                      Career and Technical Education Improvement Act of 
                      2006); divided by
                          ``(ii) \1/2\ of 1 percent of the amount 
                      appropriated under section 9 and not reserved 
                      under paragraph (1) for the fiscal year for which 
                      the determination is made.
                    ``(D) Definitions.--In this paragraph:
                          ``(i) Additional funds.--The term `additional 
                      funds' means the amount by which--
                                    ``(I) the sum appropriated under 
                                section 9 and not reserved under 
                                paragraph (1) for a fiscal year; exceeds
                                    ``(II) the sum of--
                                            ``(aa) the amount allotted 
                                        under paragraph (2) for fiscal 
                                        year 2006 (as such paragraph (2) 
                                        was in effect on the day before 
                                        the date of enactment of the 
                                        Carl D. Perkins Career and 
                                        Technical Education Improvement 
                                        Act of 2006);
                                            ``(bb) the amount reserved 
                                        under paragraph (1)(C) for 
                                        fiscal year 2006 (as such 
                                        paragraph (1)(C) was so in 
                                        effect); and
                                            ``(cc) $827,671.
                          ``(ii) Qualifying state.--The term `qualifying 
                      State' means a State (except the United States 
                      Virgin

[[Page 120 STAT. 694]]

                      Islands) that, for the fiscal year for which a 
                      determination under this paragraph is made, would 
                      receive, under the allotment formula under 
                      paragraph (2) (without the application of this 
                      paragraph and paragraphs (3) and (5)), an amount 
                      that would be less than the amount the State would 
                      receive under subparagraph (A) for such fiscal 
                      year.
            ``(5) Hold harmless.--
                    ``(A) In general.--No State shall receive an 
                allotment under this section for a fiscal year that is 
                less than the allotment the State received under part A 
                of title I of the Carl D. Perkins Vocational and Applied 
                Technology Education Act (20 U.S.C. 2311 et seq.) (as 
                such part was in effect on the day before the date of 
                enactment of the Carl D. Perkins Vocational and Applied 
                Technology Education Amendments of 1998) for fiscal year 
                1998.
                    ``(B) Ratable reduction.--If for any fiscal year the 
                amount appropriated for allotments under this section is 
                insufficient to satisfy the provisions of subparagraph 
                (A), the payments to all States under such subparagraph 
                shall be ratably reduced.

    ``(b) Reallotment.--If the Secretary determines that any amount of 
any State's allotment under subsection (a) for any fiscal year will not 
be required for such fiscal year for carrying out the activities for 
which such amount has been allotted, the Secretary shall make such 
amount available for reallotment. <<NOTE: Regulations.>> 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 the funds were appropriated. Any amount 
reallotted to a State under this subsection for any fiscal year shall 
remain available for obligation during the succeeding fiscal year and 
shall be deemed to be part of the State's allotment for the year in 
which the amount is obligated.

    ``(c) Allotment Ratio.--
            ``(1) In general.--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 (exclusive of the Commonwealth of Puerto 
                Rico and the United States Virgin Islands), except 
                that--
                          ``(i) the allotment ratio in no case shall be 
                      more than 0.60 or less than 0.40; and
                          ``(ii) the allotment ratio for the 
                      Commonwealth of Puerto Rico and the United States 
                      Virgin Islands shall be 0.60.
            ``(2) Promulgation.--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 3 most recent consecutive 
        fiscal years for which satisfactory data are available.
            ``(3) Definition of per capita income.--For the purpose of 
        this section, the term `per capita income' means, with respect

[[Page 120 STAT. 695]]

        to a fiscal year, the total personal income in the calendar year 
        ending in such year, divided by the population of the area 
        concerned in such year.
            ``(4) Population determination.--For the purposes of this 
        section, population shall be determined by the Secretary on the 
        basis of the latest estimates available to the Department of 
        Education.

    ``(d) Definition of State.--For the purpose of this section, the 
term `State' means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and the United 
States Virgin Islands.

``SEC. 112. <<NOTE: 20 USC 2322.>> WITHIN STATE ALLOCATION.

    ``(a) In General.--From the amount allotted to each State under 
section 111 for a fiscal year, the eligible agency shall make 
available--
            ``(1) not less than 85 percent for distribution under 
        section 131 or 132, of which not more than 10 percent of the 85 
        percent may be used in accordance with subsection (c);
            ``(2) not more than 10 percent to carry out State leadership 
        activities described in section 124, of which--
                    ``(A) an amount equal to not more than 1 percent of 
                the amount allotted to the State under section 111 for 
                the fiscal year shall be made available to serve 
                individuals in State institutions, such as State 
                correctional institutions and institutions that serve 
                individuals with disabilities; and
                    ``(B) not less than $60,000 and not more than 
                $150,000 shall be available for services that prepare 
                individuals for non-traditional fields; and
            ``(3) an amount equal to not more than 5 percent, or 
        $250,000, whichever is greater, for administration of the State 
        plan, which may be used for the costs of--
                    ``(A) developing the State plan;
                    ``(B) reviewing a local plan;
                    ``(C) monitoring and evaluating program 
                effectiveness;
                    ``(D) assuring compliance with all applicable 
                Federal laws;
                    ``(E) providing technical assistance; and
                    ``(F) supporting and developing State data systems 
                relevant to the provisions of this Act.

    ``(b) Matching Requirement.--Each eligible agency receiving funds 
made available under subsection (a)(3) shall match, from non-Federal 
sources and on a dollar-for-dollar basis, the funds received under 
subsection (a)(3).
    ``(c) Reserve.--From amounts made available under subsection (a)(1) 
to carry out this subsection, an eligible agency may award grants to 
eligible recipients for career and technical education activities 
described in section 135 in--
            ``(1) rural areas;
            ``(2) areas with high percentages of career and technical 
        education students; and
            ``(3) areas with high numbers of career and technical 
        education students.

[[Page 120 STAT. 696]]

``SEC. 113. <<NOTE: 20 USC 2323.>> ACCOUNTABILITY.

    ``(a) Purpose.--The purpose of this section is to establish and 
support State and local performance accountability systems, comprised of 
the activities described in this section, to assess the effectiveness of 
the State and the eligible recipients of the State in achieving 
statewide progress in career and technical education, and to optimize 
the return of investment of Federal funds in career and technical 
education activities.
    ``(b) State Performance Measures.--
            ``(1) In general.--Each eligible agency, with input from 
        eligible recipients, shall establish performance measures for a 
        State that consist of--
                    ``(A) the core indicators of performance described 
                in subparagraphs (A) and (B) of paragraph (2);
                    ``(B) any additional indicators of performance (if 
                any) identified by the eligible agency under paragraph 
                (2)(C); and
                    ``(C) a State adjusted level of performance 
                described in paragraph (3)(A) for each core indicator of 
                performance, and State levels of performance described 
                in paragraph (3)(B) for each additional indicator of 
                performance.
            ``(2) Indicators of performance.--
                    ``(A) Core indicators of performance for career and 
                technical education students at the secondary level.--
                Each eligible agency shall identify in the State plan 
                core indicators of performance for career and technical 
                education students at the secondary level that are valid 
                and reliable, and that include, at a minimum, measures 
                of each of the following:
                          ``(i) Student attainment of challenging 
                      academic content standards and student academic 
                      achievement standards, as adopted by a State in 
                      accordance with section 1111(b)(1) of the 
                      Elementary and Secondary Education Act of 1965 and 
                      measured by the State determined proficient levels 
                      on the academic assessments described in section 
                      1111(b)(3) of such Act.
                          ``(ii) Student attainment of career and 
                      technical skill proficiencies, including student 
                      achievement on technical assessments, that are 
                      aligned with industry-recognized standards, if 
                      available and appropriate.
                          ``(iii) Student rates of attainment of each of 
                      the following:
                                    ``(I) A secondary school diploma.
                                    ``(II) A General Education 
                                Development (GED) credential, or other 
                                State-recognized equivalent (including 
                                recognized alternative standards for 
                                individuals with disabilities).
                                    ``(III) A proficiency credential, 
                                certificate, or degree, in conjunction 
                                with a secondary school diploma (if such 
                                credential, certificate, or degree is 
                                offered by the State in conjunction with 
                                a secondary school diploma).
                          ``(iv) Student graduation rates (as described 
                      in section 1111(b)(2)(C)(vi) of the Elementary and 
                      Secondary Education Act of 1965).

[[Page 120 STAT. 697]]

                          ``(v) Student placement in postsecondary 
                      education or advanced training, in military 
                      service, or in employment.
                          ``(vi) Student participation in and completion 
                      of career and technical education programs that 
                      lead to non-traditional fields.
                    ``(B) Core indicators of performance for career and 
                technical education students at the postsecondary 
                level.--Each eligible agency shall identify in the State 
                plan core indicators of performance for career and 
                technical education students at the postsecondary level 
                that are valid and reliable, and that include, at a 
                minimum, measures of each of the following:
                          ``(i) Student attainment of challenging career 
                      and technical skill proficiencies, including 
                      student achievement on technical assessments, that 
                      are aligned with industry-recognized standards, if 
                      available and appropriate.
                          ``(ii) Student attainment of an industry-
                      recognized credential, a certificate, or a degree.
                          ``(iii) Student retention in postsecondary 
                      education or transfer to a baccalaureate degree 
                      program.
                          ``(iv) Student placement in military service 
                      or apprenticeship programs or placement or 
                      retention in employment, including placement in 
                      high skill, high wage, or high demand occupations 
                      or professions.
                          ``(v) Student participation in, and completion 
                      of, career and technical education programs that 
                      lead to employment in non-traditional fields.
                    ``(C) Additional indicators of performance.--An 
                eligible agency, with input from eligible recipients, 
                may identify in the State plan additional indicators of 
                performance for career and technical education 
                activities authorized under this title, such as 
                attainment of self-sufficiency.
                    ``(D) Existing indicators.--If a State has 
                developed, prior to the date of enactment of the Carl D. 
                Perkins Career and Technical Education Improvement Act 
                of 2006, State career and technical education 
                performance measures that meet the requirements of this 
                section (as amended by such Act), the State may use such 
                performance measures to measure the progress of career 
                and technical education students.
                    ``(E) State role.--Indicators of performance 
                described in this paragraph shall be established solely 
                by each eligible agency with input from eligible 
                recipients.
                    ``(F) Alignment of performance indicators.--In the 
                course of developing core indicators of performance and 
                additional indicators of performance, an eligible agency 
                shall, to the greatest extent possible, align the 
                indicators so that substantially similar information 
                gathered for other State and Federal programs, or for 
                any other purpose, is used to meet the requirements of 
                this section.
            ``(3) State levels of performance.--
                    ``(A) State adjusted levels of performance for core 
                indicators of performance.--
                          ``(i) In general.--Each eligible agency, with 
                      input from eligible recipients, shall establish in 
                      the State

[[Page 120 STAT. 698]]

                      plan submitted under section 122, levels of 
                      performance for each of the core indicators of 
                      performance described in subparagraphs (A) and (B) 
                      of paragraph (2) for career and technical 
                      education activities authorized under this title. 
                      The levels of performance established under this 
                      subparagraph shall, at a minimum--
                                    ``(I) be expressed in a percentage 
                                or numerical form, so as to be 
                                objective, quantifiable, and measurable; 
                                and
                                    ``(II) require the State to 
                                continually make progress toward 
                                improving the performance of career and 
                                technical education students.
                          ``(ii) Identification in the state plan.--
                      Subject to section 4, each eligible agency shall 
                      identify, in the State plan submitted under 
                      section 122, levels of performance for each of the 
                      core indicators of performance for the first 2 
                      program years covered by the State plan.
                          ``(iii) Agreement on state adjusted levels of 
                      performance for first 2 years.--The Secretary and 
                      each eligible agency shall reach agreement on the 
                      levels of performance for each of the core 
                      indicators of performance, for the first 2 program 
                      years covered by the State plan, taking into 
                      account the levels identified in the State plan 
                      under clause (ii) and the factors described in 
                      clause (vi). The levels of performance agreed to 
                      under this clause shall be considered to be the 
                      State adjusted level of performance for the State 
                      for such years and shall be incorporated into the 
                      State plan prior to the approval of such plan.
                          ``(iv) Role of the secretary.--The role of the 
                      Secretary in the agreement described in clauses 
                      (iii) and (v) is limited to reaching agreement on 
                      the percentage or number of students who attain 
                      the State adjusted levels of performance.
                          ``(v) Agreement on state adjusted levels of 
                      performance for subsequent years.--Prior to the 
                      third and fifth program years covered by the State 
                      plan, the Secretary and each eligible agency shall 
                      reach agreement on the State adjusted levels of 
                      performance for each of the core indicators of 
                      performance for the corresponding subsequent 
                      program years covered by the State plan, taking 
                      into account the factors described in clause (vi). 
                      The State adjusted levels of performance agreed to 
                      under this clause shall be considered to be the 
                      State adjusted levels of performance for the State 
                      for such years and shall be incorporated into the 
                      State plan.
                          ``(vi) Factors.--The agreement described in 
                      clause (iii) or (v) shall take into account--
                                    ``(I) how the levels of performance 
                                involved compare with the State adjusted 
                                levels of performance established for 
                                other States, taking into account 
                                factors including the characteristics of 
                                participants when the participants 
                                entered the program and the services or 
                                instruction to be provided; and

[[Page 120 STAT. 699]]

                                    ``(II) the extent to which such 
                                levels of performance promote continuous 
                                improvement on the indicators of 
                                performance by such State.
                          ``(vii) Revisions.--If unanticipated 
                      circumstances arise in a State resulting in a 
                      significant change in the factors described in 
                      clause (vi), the eligible agency may request that 
                      the State adjusted levels of performance agreed to 
                      under clause (iii) or (v) be revised. The 
                      Secretary <<NOTE: Criteria.>> shall issue 
                      objective criteria and methods for making such 
                      revisions.
                    ``(B) Levels of performance for additional 
                indicators.--Each eligible agency shall identify in the 
                State plan State levels of performance for each of the 
                additional indicators of performance described in 
                paragraph (2)(C). Such levels shall be considered to be 
                the State levels of performance for purposes of this 
                title.
            ``(4) Local levels of performance.--
                    ``(A) Local adjusted levels of performance for core 
                indicators of performance.--
                          ``(i) In general.--Each eligible recipient 
                      shall agree to accept the State adjusted levels of 
                      performance established under paragraph (3) as 
                      local adjusted levels of performances, or 
                      negotiate with the State to reach agreement on new 
                      local adjusted levels of performance, for each of 
                      the core indicators of performance described in 
                      subparagraphs (A) and (B) of paragraph (2) for 
                      career and technical education activities 
                      authorized under this title. The levels of 
                      performance established under this subparagraph 
                      shall, at a minimum--
                                    ``(I) be expressed in a percentage 
                                or numerical form, consistent with the 
                                State levels of performance established 
                                under paragraph (3), so as to be 
                                objective, quantifiable, and measurable; 
                                and
                                    ``(II) require the eligible 
                                recipient to continually make progress 
                                toward improving the performance of 
                                career and technical education students.
                          ``(ii) Identification in the local plan.--Each 
                      eligible recipient shall identify, in the local 
                      plan submitted under section 134, levels of 
                      performance for each of the core indicators of 
                      performance for the first 2 program years covered 
                      by the local plan.
                          ``(iii) Agreement on local adjusted levels of 
                      performance for first 2 years.--The eligible 
                      agency and each eligible recipient shall reach 
                      agreement, as described in clause (i), on the 
                      eligible recipient's levels of performance for 
                      each of the core indicators of performance for the 
                      first 2 program years covered by the local plan, 
                      taking into account the levels identified in the 
                      local plan under clause (ii) and the factors 
                      described in clause (v). The levels of performance 
                      agreed to under this clause shall be considered to 
                      be the local adjusted levels of performance for 
                      the eligible recipient for such years and shall be 
                      incorporated into the local plan prior to the 
                      approval of such plan.

[[Page 120 STAT. 700]]

                          ``(iv) Agreement on local adjusted levels of 
                      performance for subsequent years.--Prior to the 
                      third and fifth program years covered by the local 
                      plan, the eligible agency and each eligible 
                      recipient shall reach agreement on the local 
                      adjusted levels of performance for each of the 
                      core indicators of performance for the 
                      corresponding subsequent program years covered by 
                      the local plan, taking into account the factors 
                      described in clause (v). The local adjusted levels 
                      of performance agreed to under this clause shall 
                      be considered to be the local adjusted levels of 
                      performance for the eligible recipient for such 
                      years and shall be incorporated into the local 
                      plan.
                          ``(v) Factors.--The agreement described in 
                      clause (iii) or (iv) shall take into account--
                                    ``(I) how the levels of performance 
                                involved compare with the local adjusted 
                                levels of performance established for 
                                other eligible recipients in the State, 
                                taking into account factors including 
                                the characteristics of participants when 
                                the participants entered the program and 
                                the services or instruction to be 
                                provided; and
                                    ``(II) the extent to which the local 
                                adjusted levels of performance promote 
                                continuous improvement on the core 
                                indicators of performance by the 
                                eligible recipient.
                          ``(vi) Revisions.--If unanticipated 
                      circumstances arise with respect to an eligible 
                      recipient resulting in a significant change in the 
                      factors described in clause (v), the eligible 
                      recipient may request that the local adjusted 
                      levels of performance agreed to under clause (iii) 
                      or (iv) be revised. <<NOTE: Criteria.>> The 
                      eligible agency shall issue objective criteria and 
                      methods for making such revisions.
                    ``(B) Levels of performance for additional 
                indicators.--Each eligible recipient may identify, in 
                the local plan, local levels of performance for any 
                additional indicators of performance described in 
                paragraph (2)(C). Such levels shall be considered to be 
                the local levels of performance for purposes of this 
                title.
                    ``(C) Local report.--
                          ``(i) Content of report.--Each eligible 
                      recipient that receives an allocation described in 
                      section 112 shall annually prepare and submit to 
                      the eligible agency a report, which shall include 
                      the data described in clause (ii)(I), regarding 
                      the progress of such recipient in achieving the 
                      local adjusted levels of performance on the core 
                      indicators of performance.
                          ``(ii) Data.--Except as provided in clauses 
                      (iii) and (iv), each eligible recipient that 
                      receives an allocation described in section 112 
                      shall--
                                    ``(I) disaggregate data for each of 
                                the indicators of performance under 
                                paragraph (2) for the categories of 
                                students described in section 
                                1111(h)(1)(C)(i) of the Elementary and 
                                Secondary Education Act of 1965 and 
                                section 3(29) that are served under this 
                                Act; and

[[Page 120 STAT. 701]]

                                    ``(II) identify and quantify any 
                                disparities or gaps in performance 
                                between any such category of students 
                                and the performance of all students 
                                served by the eligible recipient under 
                                this Act.
                          ``(iii) Nonduplication.--The eligible agency 
                      shall ensure, in a manner that is consistent with 
                      the actions of the Secretary under subsection 
                      (c)(3), that each eligible recipient does not 
                      report duplicative information under this section.
                          ``(iv) Rules for reporting of data.--The 
                      disaggregation of data under clause (ii) shall not 
                      be required when the number of students in a 
                      category is insufficient to yield statistically 
                      reliable information or when the results would 
                      reveal personally identifiable information about 
                      an individual student.
                          ``(v) Availability.--The <<NOTE: Public 
                      information.>> report described in clause (i) 
                      shall be made available to the public through a 
                      variety of formats, including electronically 
                      through the Internet.

    ``(c) Report.--
            ``(1) In general.--Each eligible agency that receives an 
        allotment under section 111 shall annually prepare and submit to 
        the Secretary a report regarding--
                    ``(A) the progress of the State in achieving the 
                State adjusted levels of performance on the core 
                indicators of performance; and
                    ``(B) information on the levels of performance 
                achieved by the State with respect to the additional 
                indicators of performance, including the levels of 
                performance for special populations.
            ``(2) Data.--Except as provided in paragraphs (3) and (4), 
        each eligible agency that receives an allotment under section 
        111 or 201 shall--
                    ``(A) disaggregate data for each of the indicators 
                of performance under subsection (b)(2) for the 
                categories of students described in section 
                1111(h)(1)(C)(i) of the Elementary and Secondary 
                Education Act of 1965 and section 3(29) that are served 
                under this Act; and
                    ``(B) identify and quantify any disparities or gaps 
                in performance between any such category of students and 
                the performance of all students served by the eligible 
                agency under this Act, which shall include a 
                quantifiable description of the progress each such 
                category of students served by the eligible agency under 
                this Act has made in meeting the State adjusted levels 
                of performance.
            ``(3) Nonduplication.--The Secretary shall ensure that each 
        eligible agency does not report duplicative information under 
        this section.
            ``(4) Rules for reporting of data.--The disaggregation of 
        data under paragraph (2) shall not be required when the number 
        of students in a category is insufficient to yield statistically 
        reliable information or when the results would reveal personally 
        identifiable information about an individual student.
            ``(5) Information dissemination.--The Secretary--
                    ``(A) shall make the information contained in such 
                reports available to the general public through a 
                variety of formats, including electronically through the 
                Internet;

[[Page 120 STAT. 702]]

                    ``(B) shall disseminate State-by-State comparisons 
                of the information; and
                    ``(C) shall provide the appropriate committees of 
                Congress with copies of such reports.

``SEC. 114. <<NOTE: 20 USC 2324.>> NATIONAL ACTIVITIES.

    ``(a) Program Performance Information.--
            ``(1) In general.--The <<NOTE: Reports.>> Secretary shall 
        collect performance information about, and report on, the 
        condition of career and technical education and on the 
        effectiveness of State and local programs, services, and 
        activities carried out under this title in order to provide the 
        Secretary and Congress, as well as Federal, State, local, and 
        tribal agencies, with information relevant to improvement in the 
        quality and effectiveness of career and technical education. The 
        Secretary shall report annually to Congress on the Secretary's 
        aggregate analysis of performance information collected each 
        year pursuant to this title, including an analysis of 
        performance data regarding special populations.
            ``(2) Compatibility.--The Secretary shall, to the extent 
        feasible, ensure that the performance information system is 
        compatible with other Federal information systems.
            ``(3) Assessments.--As <<NOTE: Reports.>> a regular part of 
        its assessments, the National Center for Education Statistics 
        shall collect and report information on career and technical 
        education for a nationally representative sample of students. 
        Such assessment may include international comparisons in the 
        aggregate.

    ``(b) Miscellaneous Provisions.--
            ``(1) Collection of information at reasonable cost.--The 
        Secretary shall take such action as may be necessary to secure 
        at reasonable cost the information required by this title. To 
        ensure reasonable cost, the Secretary, in consultation with the 
        National Center for Education Statistics, the Office of 
        Vocational and Adult Education, and an entity assisted under 
        section 118 (if applicable), shall determine the methodology to 
        be used and the frequency with which information is to be 
        collected.
            ``(2) Cooperation of states.--All eligible agencies 
        receiving assistance under this Act shall cooperate with the 
        Secretary in implementing the information systems developed 
        pursuant to this Act.

    ``(c) Single Plan for Research, Development, Dissemination, 
Evaluation, and Assessment.--
            ``(1) In general.--The Secretary may, directly or through 
        grants, contracts, or cooperative agreements, carry out 
        research, development, dissemination, evaluation and assessment, 
        capacity building, and technical assistance with regard to the 
        career and technical education programs under this Act. The 
        Secretary shall develop a single plan for such activities.
            ``(2) Plan.--Such plan shall--
                    ``(A) identify the career and technical education 
                activities described in paragraph (1) that the Secretary 
                will carry out under this section;
                    ``(B) describe how the Secretary will evaluate such 
                career and technical education activities in accordance 
                with subsection (d)(2); and

[[Page 120 STAT. 703]]

                    ``(C) include such other information as the 
                Secretary determines to be appropriate.

    ``(d) Advisory Panel; Evaluation; Reports.--
            ``(1) Independent advisory panel.--
                    ``(A) In general.--The Secretary shall appoint an 
                independent advisory panel to advise the Secretary on 
                the implementation of the assessment described in 
                paragraph (2), including the issues to be addressed and 
                the methodology of the studies involved to ensure that 
                the assessment adheres to the highest standards of 
                quality.
                    ``(B) Members.--The advisory panel shall consist 
                of--
                          ``(i) educators, administrators, State 
                      directors of career and technical education, and 
                      chief executives, including those with expertise 
                      in the integration of academic and career and 
                      technical education;
                          ``(ii) experts in evaluation, research, and 
                      assessment;
                          ``(iii) representatives of labor organizations 
                      and businesses, including small businesses, 
                      economic development entities, and workforce 
                      investment entities;
                          ``(iv) parents;
                          ``(v) career guidance and academic counseling 
                      professionals; and
                          ``(vi) other individuals and intermediaries 
                      with relevant expertise.
                    ``(C) Independent analysis.--The advisory panel 
                shall transmit to the Secretary, the relevant committees 
                of Congress, and the Library of Congress an independent 
                analysis of the findings and recommendations resulting 
                from the assessment described in paragraph (2).
                    ``(D) FACA.--The Federal Advisory Committee Act (5 
                U.S.C. App.) shall not apply to the panel established 
                under this paragraph.
            ``(2) Evaluation and assessment.--
                    ``(A) In general.--From amounts made available under 
                subsection (e), the Secretary shall provide for the 
                conduct of an independent evaluation and assessment of 
                career and technical education programs under this Act, 
                including the implementation of the Carl D. Perkins 
                Career and Technical Education Improvement Act of 2006, 
                to the extent practicable, through studies and analyses 
                conducted independently through grants, contracts, and 
                cooperative agreements that are awarded on a competitive 
                basis.
                    ``(B) Contents.--The assessment required under 
                subparagraph (A) shall include descriptions and 
                evaluations of--
                          ``(i) the extent to which State, local, and 
                      tribal entities have developed, implemented, or 
                      improved State and local career and technical 
                      education programs assisted under this Act;
                          ``(ii) the preparation and qualifications of 
                      teachers and faculty of career and technical 
                      education (such as meeting State established 
                      teacher certification or licensing requirements), 
                      as well as shortages of such teachers and faculty;

[[Page 120 STAT. 704]]

                          ``(iii) academic and career and technical 
                      education achievement and employment outcomes of 
                      career and technical education, including analyses 
                      of--
                                    ``(I) the extent and success of the 
                                integration of rigorous and challenging 
                                academic and career and technical 
                                education for students participating in 
                                career and technical education programs, 
                                including a review of the effect of such 
                                integration on the academic and 
                                technical proficiency achievement of 
                                such students (including the number of 
                                such students receiving a secondary 
                                school diploma); and
                                    ``(II) the extent to which career 
                                and technical education programs prepare 
                                students, including special populations, 
                                for subsequent employment in high skill, 
                                high wage occupations (including those 
                                in which mathematics and science skills 
                                are critical), or for participation in 
                                postsecondary education;
                          ``(iv) employer involvement in, and 
                      satisfaction with, career and technical education 
                      programs and career and technical education 
                      students' preparation for employment;
                          ``(v) the participation of students in career 
                      and technical education programs;
                          ``(vi) the use of educational technology and 
                      distance learning with respect to career and 
                      technical education and tech prep programs; and
                          ``(vii) the effect of State and local adjusted 
                      levels of performance and State and local levels 
                      of performance on the delivery of career and 
                      technical education services, including the 
                      percentage of career and technical education and 
                      tech prep students meeting the adjusted levels of 
                      performance described in section 113.
                    ``(C) Reports.--
                          ``(i) In general.--The Secretary shall submit 
                      to the relevant committees of Congress--
                                    ``(I) an interim report regarding 
                                the assessment on or before January 1, 
                                2010; and
                                    ``(II) a final report, summarizing 
                                all studies and analyses that relate to 
                                the assessment and that are completed 
                                after the interim report, on or before 
                                July 1, 2011.
                          ``(ii) Prohibition.--Notwithstanding any other 
                      provision of law, the reports required by this 
                      subsection shall not be subject to any review 
                      outside the Department of Education before their 
                      transmittal to the relevant committees of Congress 
                      and the Secretary, but the President, the 
                      Secretary, and the independent advisory panel 
                      established under paragraph (1) may make such 
                      additional recommendations to Congress with 
                      respect to the assessment as the President, the 
                      Secretary, or the panel determine to be 
                      appropriate.
            ``(3) Collection of state information and report.--
                    ``(A) In general.--The Secretary may collect and 
                disseminate information from States regarding State 
                efforts

[[Page 120 STAT. 705]]

                to meet State adjusted levels of performance described 
                in section 113(b).
                    ``(B) Report.--The Secretary shall gather any 
                information collected pursuant to subparagraph (A) and 
                submit a report to the relevant committees in Congress.
            ``(4) Research.--
                    ``(A) In general.--
                From <<NOTE: Grants. Contracts. Establishment.>> amounts 
                made available under subsection (e), the Secretary, 
                after consulting with the States, shall award a grant, 
                contract, or cooperative agreement, on a competitive 
                basis, to an institution of higher education, a public 
                or private nonprofit organization or agency, or a 
                consortium of such institutions, organizations, or 
                agencies to establish a national research center--
                          ``(i) to carry out scientifically based 
                      research and evaluation for the purpose of 
                      developing, improving, and identifying the most 
                      successful methods for addressing the education, 
                      employment, and training needs of participants, 
                      including special populations, in career and 
                      technical education programs, including research 
                      and evaluation in such activities as--
                                    ``(I) the integration of--
                                            ``(aa) career and technical 
                                        instruction; and
                                            ``(bb) academic, secondary 
                                        and postsecondary instruction;
                                    ``(II) education technology and 
                                distance learning approaches and 
                                strategies that are effective with 
                                respect to career and technical 
                                education;
                                    ``(III) State adjusted levels of 
                                performance and State levels of 
                                performance that serve to improve career 
                                and technical education programs and 
                                student achievement;
                                    ``(IV) academic knowledge and career 
                                and technical skills required for 
                                employment or participation in 
                                postsecondary education; and
                                    ``(V) preparation for occupations in 
                                high skill, high wage, or high demand 
                                business and industry, including 
                                examination of--
                                            ``(aa) collaboration between 
                                        career and technical education 
                                        programs and business and 
                                        industry; and
                                            ``(bb) academic and 
                                        technical skills required for a 
                                        regional or sectoral workforce, 
                                        including small business;
                          ``(ii) to carry out scientifically based 
                      research and evaluation to increase the 
                      effectiveness and improve the implementation of 
                      career and technical education programs that are 
                      integrated with coherent and rigorous content 
                      aligned with challenging academic standards, 
                      including conducting research and development, and 
                      studies, that provide longitudinal information or 
                      formative evaluation with respect to career and 
                      technical education programs and student 
                      achievement;
                          ``(iii) to carry out scientifically based 
                      research and evaluation that can be used to 
                      improve the preparation and professional 
                      development of teachers, faculty, and 
                      administrators, and to improve student learning in

[[Page 120 STAT. 706]]

                      the career and technical education classroom, 
                      including--
                                    ``(I) effective in-service and 
                                preservice teacher and faculty education 
                                that assists career and technical 
                                education programs in--
                                            ``(aa) integrating those 
                                        programs with academic content 
                                        standards and student academic 
                                        achievement standards, as 
                                        adopted by States under section 
                                        1111(b)(1) of the Elementary and 
                                        Secondary Education Act of 1965; 
                                        and
                                            ``(bb) coordinating 
                                        technical education with 
                                        industry-recognized 
                                        certification requirements;
                                    ``(II) dissemination and training 
                                activities related to the applied 
                                research and demonstration activities 
                                described in this subsection, which may 
                                also include serving as a repository for 
                                information on career and technical 
                                skills, State academic standards, and 
                                related materials; and
                                    ``(III) the recruitment and 
                                retention of career and technical 
                                education teachers, faculty, counselors, 
                                and administrators, including 
                                individuals in groups underrepresented 
                                in the teaching profession; and
                          ``(iv) to carry out such other research and 
                      evaluation, consistent with the purposes of this 
                      Act, as the Secretary determines appropriate to 
                      assist State and local recipients of funds under 
                      this Act.
                    ``(B) Report.--The center conducting the activities 
                described in subparagraph (A) shall annually prepare a 
                report of the key research findings of such center and 
                shall submit copies of the report to the Secretary, the 
                relevant committees of Congress, the Library of 
                Congress, and each eligible agency.
                    ``(C) Dissemination.--The center shall conduct 
                dissemination and training activities based upon the 
                research described in subparagraph (A).
            ``(5) Demonstrations and dissemination.--The Secretary is 
        authorized to carry out demonstration career and technical 
        education programs, to replicate model career and technical 
        education programs, to disseminate best practices information, 
        and to provide technical assistance upon request of a State, for 
        the purposes of developing, improving, and identifying the most 
        successful methods and techniques for providing career and 
        technical education programs assisted under this Act.

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary for 
each of fiscal years 2007 through 2012.

``SEC. 115. <<NOTE: Grants. 20 USC 2325.>> ASSISTANCE FOR THE OUTLYING 
            AREAS.

    ``(a) Outlying Areas.--From funds reserved pursuant to section 
111(a)(1)(A), the Secretary shall--
            ``(1) make a grant in the amount of $660,000 to Guam;
            ``(2) make a grant in the amount of $350,000 to each of 
        American Samoa and the Commonwealth of the Northern Mariana 
        Islands; and

[[Page 120 STAT. 707]]

            ``(3) make a grant of $160,000 to the Republic of Palau, 
        subject to subsection (d).

    ``(b) Remainder.--
            ``(1) First year.--Subject to subsection (a), for the first 
        fiscal year following the date of enactment of the Carl D. 
        Perkins Career and Technical Education Improvement Act of 2006, 
        the Secretary shall make a grant of the remainder of funds 
        reserved pursuant to section 111(a)(1)(A) to the Pacific Region 
        Educational Laboratory in Honolulu, Hawaii, to make grants for 
        career and technical education and training in Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands, for 
        the purpose of providing direct career and technical educational 
        services, including--
                    ``(A) teacher and counselor training and retraining;
                    ``(B) curriculum development; and
                    ``(C) the improvement of career and technical 
                education and training programs in secondary schools and 
                institutions of higher education, or improving 
                cooperative education programs involving secondary 
                schools and institutions of higher education.
            ``(2) Subsequent years.--Subject to subsection (a), for the 
        second fiscal year following the date of enactment of the Carl 
        D. Perkins Career and Technical Education Improvement Act of 
        2006, and each subsequent year, the Secretary shall make a grant 
        of the remainder of funds reserved pursuant to section 
        111(a)(1)(A) and subject to subsection (a), in equal proportion, 
        to each of Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, to be used to provide direct career 
        and technical educational services as described in subparagraphs 
        (A) through (C) of paragraph (1).

    ``(c) Limitation.--The Pacific Region Educational Laboratory may use 
not more than 5 percent of the funds received under subsection (b)(1) 
for administrative costs.
    ``(d) Restriction.--The Republic of Palau shall cease to be eligible 
to receive funding under this section upon entering into an agreement 
for an extension of United States educational assistance under the 
Compact of Free Association, unless otherwise provided in such 
agreement.

``SEC. 116. <<NOTE: 20 USC 2326.>> NATIVE AMERICAN PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Alaska native.--The term `Alaska Native' means a 
        Native as such term is defined in section 3 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1602).
            ``(2) Bureau-funded school.--The term `Bureau-funded school' 
        has the meaning given the term in section 1141 of the Education 
        Amendments of 1978 (25 U.S.C. 2021).
            ``(3) Indian, indian tribe, and tribal organization.--The 
        terms `Indian', `Indian tribe', and `tribal organization' have 
        the meanings given the terms in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(4) Native hawaiian.--The term `Native Hawaiian' means any 
        individual any of whose ancestors were natives, prior to 1778, 
        of the area which now comprises the State of Hawaii.
            ``(5) Native hawaiian organization.--The term `Native 
        Hawaiian organization' has the meaning given the term in

[[Page 120 STAT. 708]]

        section 7207 of the Native Hawaiian Education Act (20 U.S.C. 
        7517).

    ``(b) Program Authorized.--
            ``(1) Authority.--From <<NOTE: Grants. Contracts.>> funds 
        reserved under section 111(a)(1)(B)(i), the Secretary shall make 
        grants to or enter into contracts with Indian tribes, tribal 
        organizations, and Alaska Native entities to carry out the 
        authorized programs described in subsection (c), except that 
        such grants or contracts shall not be awarded to secondary 
        school programs in Bureau-funded schools.
            ``(2) Indian tribes and tribal organizations.--The grants or 
        contracts described in this section that are awarded to any 
        Indian tribe or tribal organization shall be subject to the 
        terms and conditions of section 102 of the Indian Self-
        Determination Act (25 U.S.C. 450f) and shall be conducted in 
        accordance with the provisions of sections 4, 5, and 6 of the 
        Act of April 16, 1934 (25 U.S.C. 455-457), which are relevant to 
        the programs administered under this subsection.
            ``(3) Special authority relating to secondary schools 
        operated or supported by the bureau of indian affairs.--An 
        Indian tribe, a tribal organization, or an Alaska Native entity, 
        that receives funds through a grant made or contract entered 
        into under paragraph (1) may use the funds to provide assistance 
        to a secondary school operated or supported by the Bureau of 
        Indian Affairs to enable such school to carry out career and 
        technical education programs.
            ``(4) Matching.--If sufficient funding is available, the 
        Bureau of Indian Affairs shall expend an amount equal to the 
        amount made available under this subsection, relating to 
        programs for Indians, to pay a part of the costs of programs 
        funded under this subsection. During each fiscal year the Bureau 
        of Indian Affairs shall expend not less than the amount expended 
        during the prior fiscal year on career and technical education 
        programs, services, and technical activities administered 
        directly by, or under contract with, the Bureau of Indian 
        Affairs, except that in no year shall funding for such programs, 
        services, and activities be provided from accounts and programs 
        that support other Indian <<NOTE: Plan.>> education programs. 
        The Secretary and the Assistant Secretary of the Interior for 
        Indian Affairs shall prepare jointly a plan for the expenditure 
        of funds made available and for the evaluation of programs 
        assisted under this subsection. Upon the completion of a joint 
        plan for the expenditure of the funds and the evaluation of the 
        programs, the Secretary shall assume responsibility for the 
        administration of the program, with the assistance and 
        consultation of the Bureau of Indian Affairs.
            ``(5) Regulations.--If the Secretary promulgates any 
        regulations applicable to paragraph (2), the Secretary shall--
                    ``(A) confer with, and allow for active 
                participation by, representatives of Indian tribes, 
                tribal organizations, and individual tribal members; and
                    ``(B) promulgate the regulations under subchapter 
                III of chapter 5 of title 5, United States Code, 
                commonly known as the `Negotiated Rulemaking Act of 
                1990'.
            ``(6) Application.--Any Indian tribe, tribal organization, 
        or Bureau-funded school eligible to receive assistance under

[[Page 120 STAT. 709]]

        this subsection may apply individually or as part of a 
        consortium with another such Indian tribe, tribal organization, 
        or Bureau-funded school.

    ``(c) Authorized Activities.--
            ``(1) Authorized programs.--Funds made available under this 
        section shall be used to carry out career and technical 
        education programs consistent with the purpose of this Act.
            ``(2) Stipends.--
                    ``(A) In general.--Funds received pursuant to grants 
                or contracts awarded under subsection (b) may be used to 
                provide stipends to students who are enrolled in career 
                and technical education programs and who have acute 
                economic needs which cannot be met through work-study 
                programs.
                    ``(B) Amount.--Stipends described in subparagraph 
                (A) shall not exceed reasonable amounts as prescribed by 
                the Secretary.

    ``(d) Grant or Contract Application.--In order to receive a grant or 
contract under this section, an organization, tribe, or entity described 
in subsection (b) shall submit an application to the Secretary that 
shall include an assurance that such organization, tribe, or entity 
shall comply with the requirements of this section.
    ``(e) Restrictions and Special Considerations.--The Secretary may 
not place upon grants awarded or contracts entered into under subsection 
(b) any restrictions relating to programs other than restrictions that 
apply to grants made to or contracts entered into with States pursuant 
to allotments under section 111(a). The Secretary, in awarding grants 
and entering into contracts under this section, shall ensure that the 
grants and contracts will improve career and technical education 
programs, and shall give special consideration to--
            ``(1) programs that involve, coordinate with, or encourage 
        tribal economic development plans; and
            ``(2) applications from tribally controlled colleges or 
        universities that--
                    ``(A) are accredited or are candidates for 
                accreditation by a nationally recognized accreditation 
                organization as an institution of postsecondary career 
                and technical education; or
                    ``(B) operate career and technical education 
                programs that are accredited or are candidates for 
                accreditation by a nationally recognized accreditation 
                organization, and issue certificates for completion of 
                career and technical education programs.

    ``(f) Consolidation of Funds.--Each organization, tribe, or entity 
receiving assistance under this section may consolidate such assistance 
with assistance received from related programs in accordance with the 
provisions of the Indian Employment, Training and Related Services 
Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
    ``(g) Nonduplicative and Nonexclusive Services.--Nothing in this 
section shall be construed--
            ``(1) to limit the eligibility of any organization, tribe, 
        or entity described in subsection (b) to participate in any 
        activity offered by an eligible agency or eligible recipient 
        under this title; or

[[Page 120 STAT. 710]]

            ``(2) to preclude or discourage any agreement, between any 
        organization, tribe, or entity described in subsection (b) and 
        any eligible agency or eligible recipient, to facilitate the 
        provision of services by such eligible agency or eligible 
        recipient to the population served by such eligible agency or 
        eligible recipient.

    ``(h) Native Hawaiian Programs.--
From <<NOTE: Grants. Contracts.>> the funds reserved pursuant to section 
111(a)(1)(B)(ii), the Secretary shall award grants to or enter into 
contracts with community-based organizations primarily serving and 
representing Native Hawaiians to plan, conduct, and administer programs, 
or portions thereof, which are authorized by and consistent with the 
provisions of this section for the benefit of Native Hawaiians.

``SEC. 117. <<NOTE: 20 USC 2327.>> TRIBALLY CONTROLLED POSTSECONDARY 
            CAREER AND TECHNICAL INSTITUTIONS.

    ``(a) Grants Authorized.--The Secretary shall, subject to the 
availability of appropriations, make grants pursuant to this section to 
tribally controlled postsecondary career and technical institutions that 
are not receiving Federal support under the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the 
Navajo Community College Act (25 U.S.C. 640a et seq.) to provide basic 
support for the education and training of Indian students.
    ``(b) Uses of Grants.--Amounts made available under this section 
shall be used for career and technical education programs for Indian 
students and for the institutional support costs of the grant, including 
the expenses described in subsection (e).
    ``(c) Amount of Grants.--
            ``(1) In general.--If the sums appropriated for any fiscal 
        year for grants under this section are not sufficient to pay in 
        full the total amount which approved applicants are eligible to 
        receive under this section for such fiscal year, the Secretary 
        shall first allocate to each such applicant who received funds 
        under this part for the preceding fiscal year an amount equal to 
        100 percent of the product of the per capita payment for the 
        preceding fiscal year and such applicant's Indian student count 
        for the current program year, plus an amount equal to the actual 
        cost of any increase to the per capita figure resulting from 
        inflationary increases to necessary costs beyond the 
        institution's control.
            ``(2) Per capita determination.--For the purposes of 
        paragraph (1), the per capita payment for any fiscal year shall 
        be determined by dividing the amount available for grants to 
        tribally controlled postsecondary career and technical 
        institutions under this section for such program year by the sum 
        of the Indian student counts of such institutions for such 
        program year. The Secretary shall, on the basis of the most 
        accurate data available from the institutions, compute the 
        Indian student count for any fiscal year for which such count 
        was not used for the purpose of making allocations under this 
        section.
            ``(3) Indirect costs.--Notwithstanding any other provision 
        of law or regulation, the Secretary shall not require the use of 
        a restricted indirect cost rate for grants issued under this 
        section.

[[Page 120 STAT. 711]]

    ``(d) Applications.--Any tribally controlled postsecondary career 
and technical institution that is not receiving Federal support under 
the Tribally Controlled College or University Assistance Act of 1978 (25 
U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a 
et seq.) that desires to receive a grant under this section shall submit 
an application to the Secretary in such manner and form as the Secretary 
may require.
    ``(e) Expenses.--
            ``(1) In general.--The Secretary shall, subject to the 
        availability of appropriations, provide for each program year to 
        each tribally controlled postsecondary career and technical 
        institution having an application approved by the Secretary, an 
        amount necessary to pay expenses associated with--
                    ``(A) the maintenance and operation of the program, 
                including development costs, costs of basic and special 
                instruction (including special programs for individuals 
                with disabilities and academic instruction), materials, 
                student costs, administrative expenses, boarding costs, 
                transportation, student services, daycare and family 
                support programs for students and their families 
                (including contributions to the costs of education for 
                dependents), and student stipends;
                    ``(B) capital expenditures, including operations and 
                maintenance, and minor improvements and repair, and 
                physical plant maintenance costs, for the conduct of 
                programs funded under this section;
                    ``(C) costs associated with repair, upkeep, 
                replacement, and upgrading of the instructional 
                equipment; and
                    ``(D) institutional support of career and technical 
                education.
            ``(2) Accounting.--Each institution receiving a grant under 
        this section shall provide annually to the Secretary an accurate 
        and detailed accounting of the institution's operating and 
        maintenance expenses and such other information concerning costs 
        as the Secretary may reasonably require.

    ``(f) Other Programs.--
            ``(1) In general.--Except as specifically provided in this 
        Act, eligibility for assistance under this section shall not 
        preclude any tribally controlled postsecondary career and 
        technical institution from receiving Federal financial 
        assistance under any program authorized under the Higher 
        Education Act of 1965, or under any other applicable program for 
        the benefit of institutions of higher education or career and 
        technical education.
            ``(2) Prohibition on alteration of grant amount.--The amount 
        of any grant for which tribally controlled postsecondary career 
        and technical institutions are eligible under this section shall 
        not be altered because of funds allocated to any such 
        institution from funds appropriated under the Act of November 2, 
        1921 (commonly known as the `Snyder Act') (25 U.S.C. 13).
            ``(3) Prohibition on contract denial.--No tribally 
        controlled postsecondary career and technical institution for 
        which an Indian tribe has designated a portion of the funds 
        appropriated for the tribe from funds appropriated under the Act 
        of November 2, 1921 (25 U.S.C. 13), may be denied a contract for 
        such portion under the Indian Self-Determination and Education 
        Assistance Act (except as provided in that Act), or denied

[[Page 120 STAT. 712]]

        appropriate contract support to administer such portion of the 
        appropriated funds.

    ``(g) Complaint Resolution Procedure.--The Secretary shall establish 
(after consultation with tribally controlled postsecondary career and 
technical institutions) a complaint resolution procedure for grant 
determinations and calculations under this section for tribally 
controlled postsecondary career and technical institutions.
    ``(h) Definitions.--In this section:
            ``(1) Indian; indian tribe.--The terms `Indian' and `Indian 
        tribe' have the meanings given the terms in section 2 of the 
        Tribally Controlled College or University Assistance Act of 1978 
        (25 U.S.C. 1801).
            ``(2) Indian student count.--
                    ``(A) In general.--The term `Indian student count' 
                means a number equal to the total number of Indian 
                students enrolled in each tribally controlled 
                postsecondary career and technical institution, as 
                determined in accordance with subparagraph (B).
                    ``(B) Determination.--
                          ``(i) Enrollment.--For each academic year, the 
                      Indian student count shall be determined on the 
                      basis of the enrollments of Indian students as in 
                      effect at the conclusion of--
                                    ``(I) in the case of the fall term, 
                                the third week of the fall term; and
                                    ``(II) in the case of the spring 
                                term, the third week of the spring term.
                          ``(ii) Calculation.--For each academic year, 
                      the Indian student count for a tribally controlled 
                      postsecondary career and technical institution 
                      shall be the quotient obtained by dividing--
                                    ``(I) the sum of the credit hours of 
                                all Indian students enrolled in the 
                                tribally controlled postsecondary career 
                                and technical institution (as determined 
                                under clause (i)); by
                                    ``(II) 12.
                          ``(iii) Summer term.--Any credit earned in a 
                      class offered during a summer term shall be 
                      counted in the determination of the Indian student 
                      count for the succeeding fall term.
                          ``(iv) Students without secondary school 
                      degrees.--
                                    ``(I) In general.--A credit earned 
                                at a tribally controlled postsecondary 
                                career and technical institution by any 
                                Indian student that has not obtained a 
                                secondary school degree (or the 
                                recognized equivalent of such a degree) 
                                shall be counted toward the 
                                determination of the Indian student 
                                count if the institution at which the 
                                student is enrolled has established 
                                criteria for the admission of the 
                                student on the basis of the ability of 
                                the student to benefit from the 
                                education or training of the 
                                institution.
                                    ``(II) Presumption.--The institution 
                                shall be presumed to have established 
                                the criteria described in subclause (I) 
                                if the admission procedures for the 
                                institution include counseling or

[[Page 120 STAT. 713]]

                                testing that measures the aptitude of a 
                                student to successfully complete a 
                                course in which the student is enrolled.
                                    ``(III) Credits toward secondary 
                                school degree.--No credit earned by an 
                                Indian student for the purpose of 
                                obtaining a secondary school degree (or 
                                the recognized equivalent of such a 
                                degree) shall be counted toward the 
                                determination of the Indian student 
                                count under this clause.
                          ``(v) Continuing education programs.--Any 
                      credit earned by an Indian student in a continuing 
                      education program of a tribally controlled 
                      postsecondary career and technical institution 
                      shall be included in the determination of the sum 
                      of all credit hours of the student if the credit 
                      is converted to a credit hour basis in accordance 
                      with the system of the institution for providing 
                      credit for participation in the program.

    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary for 
each of fiscal years 2007 through 2012.

``SEC. 118. <<NOTE: 20 USC 2328.>> OCCUPATIONAL AND EMPLOYMENT 
            INFORMATION.

    ``(a) National Activities.--From funds appropriated under subsection 
(g), the Secretary, in consultation with appropriate Federal agencies, 
is authorized--
            ``(1) to provide assistance to an entity to enable the 
        entity--
                    ``(A) to provide technical assistance to State 
                entities designated under subsection (c) to enable the 
                State entities to carry out the activities described in 
                such subsection;
                    ``(B) to disseminate information that promotes the 
                replication of high quality practices described in 
                subsection (c); and
                    ``(C) to develop and disseminate products and 
                services related to the activities described in 
                subsection (c); and
            ``(2) <<NOTE: Grants.>> to award grants to States that 
        designate State entities in accordance with subsection (c) to 
        enable the State entities to carry out the State level 
        activities described in such subsection.

    ``(b) State Application.--
            ``(1) In general.--A jointly designated State entity 
        described in subsection (c) that desires to receive a grant 
        under this section shall submit an application to the Secretary 
        at the same time the State submits its State plan under section 
        122, in such manner, and accompanied by such additional 
        information, as the Secretary may reasonably require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include a description of how the jointly designated 
        State entity described in subsection (c) will provide 
        information based on trends provided pursuant to section 15 of 
        the Wagner-Peyser Act to inform program development.

    ``(c) State Level Activities.--In order for a State to receive a 
grant under this section, the eligible agency and the Governor of the 
State shall jointly designate an entity in the State--
            ``(1) to provide support for career guidance and academic 
        counseling programs designed to promote improved career and

[[Page 120 STAT. 714]]

        education decision making by students (and parents, as 
        appropriate) regarding education (including postsecondary 
        education) and training options and preparations for high skill, 
        high wage, or high demand occupations and non-traditional 
        fields;
            ``(2) to make available to students, parents, teachers, 
        administrators, faculty, and career guidance and academic 
        counselors, and to improve accessibility with respect to, 
        information and planning resources that relate academic and 
        career and technical educational preparation to career goals and 
        expectations;
            ``(3) to provide academic and career and technical education 
        teachers, faculty, administrators, and career guidance and 
        academic counselors with the knowledge, skills, and occupational 
        information needed to assist parents and students, especially 
        special populations, with career exploration, educational 
        opportunities, education financing, and exposure to high skill, 
        high wage, or high demand occupations and non-traditional 
        fields, including occupations and fields requiring a 
        baccalaureate degree;
            ``(4) to assist appropriate State entities in tailoring 
        career related educational resources and training for use by 
        such entities, including information on high skill, high wage, 
        or high demand occupations in current or emerging professions 
        and on career ladder information;
            ``(5) to improve coordination and communication among 
        administrators and planners of programs authorized by this Act 
        and by section 15 of the Wagner-Peyser Act at the Federal, 
        State, and local levels to ensure nonduplication of efforts and 
        the appropriate use of shared information and data;
            ``(6) to provide ongoing means for customers, such as 
        students and parents, to provide comments and feedback on 
        products and services and to update resources, as appropriate, 
        to better meet customer requirements; and
            ``(7) to provide readily available occupational information 
        such as--
                    ``(A) information relative to employment sectors;
                    ``(B) information on occupation supply and demand; 
                and
                    ``(C) other information provided pursuant to section 
                15 of the Wagner-Peyser Act as the jointly designated 
                State entity considers relevant.

    ``(d) Nonduplication.--
            ``(1) Wagner-peyser act.--The jointly designated State 
        entity described under subsection (c) may use funds provided 
        under subsection (a)(2) to supplement activities under section 
        15 of the Wagner-Peyser Act to the extent such activities do not 
        duplicate activities assisted under such section.
            ``(2) Public law 105-220.--None of the functions and 
        activities assisted under this section shall duplicate the 
        functions and activities carried out under Public Law 105-220.

    ``(e) Funding Rule.--Of the amounts appropriated to carry out this 
section, the Federal entity designated under subsection (a) shall use--
            ``(1) not less than 85 percent to carry out subsection (c); 
        and
            ``(2) not more than 15 percent to carry out subsection (a).

[[Page 120 STAT. 715]]

    ``(f) Report.--The Secretary, in consultation with appropriate 
Federal agencies, shall prepare and submit to the appropriate committees 
of Congress, an annual report that includes--
            ``(1) a description of activities assisted under this 
        section during the prior program year;
            ``(2) a description of the specific products and services 
        assisted under this section that were delivered in the prior 
        program year; and
            ``(3) an assessment of the extent to which States have 
        effectively coordinated activities assisted under this section 
        with activities authorized under section 15 of the Wagner-Peyser 
        Act.

    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary for 
each of the fiscal years 2007 through 2012.

                       ``PART B--STATE PROVISIONS

``SEC. 121. <<NOTE: 20 USC 2341.>> STATE ADMINISTRATION.

    ``(a) Eligible Agency Responsibilities.--The responsibilities of an 
eligible agency under this title shall include--
            ``(1) coordination of the development, submission, and 
        implementation of the State plan, and the evaluation of the 
        program, services, and activities assisted under this title, 
        including preparation for non-traditional fields;
            ``(2) consultation with the Governor and appropriate 
        agencies, groups, and individuals including parents, students, 
        teachers, teacher and faculty preparation programs, 
        representatives of businesses (including small businesses), 
        labor organizations, eligible recipients, State and local 
        officials, and local program administrators, involved in the 
        planning, administration, evaluation, and coordination of 
        programs funded under this title;
            ``(3) convening and meeting as an eligible agency 
        (consistent with State law and procedure for the conduct of such 
        meetings) at such time as the eligible agency determines 
        necessary to carry out the eligible agency's responsibilities 
        under this title, but not less than 4 times annually; and
            ``(4) the adoption of such procedures as the eligible agency 
        considers necessary to--
                    ``(A) implement State level coordination with the 
                activities undertaken by the State boards under section 
                111 of Public Law 105-220; and
                    ``(B) make available to the service delivery system 
                under section 121 of Public Law 105-220 within the State 
                a listing of all school dropout, postsecondary 
                education, and adult programs assisted under this title.

    ``(b) Exception.--Except with respect to the responsibilities set 
forth in subsection (a), the eligible agency may delegate any of the 
other responsibilities of the eligible agency that involve the 
administration, operation, or supervision of activities assisted under 
this title, in whole or in part, to 1 or more appropriate State 
agencies.

``SEC. 122. <<NOTE: 20 USC 2342.>> STATE PLAN.

    ``(a) State Plan.--

[[Page 120 STAT. 716]]

            ``(1) In general.--Each eligible agency desiring assistance 
        under this title for any fiscal year shall prepare and submit to 
        the Secretary a State plan for a 6-year period, together with 
        such annual revisions as the eligible agency determines to be 
        necessary, except that, during the period described in section 
        4, each eligible agency may submit a transition plan that shall 
        fulfill the eligible agency's obligation to submit a State plan 
        under this section for the first fiscal year following the date 
        of enactment of the Carl D. Perkins Career and Technical 
        Education Improvement Act of 2006.
            ``(2) Revisions.--Each eligible agency--
                    ``(A) may submit such annual revisions of the State 
                plan to the Secretary as the eligible agency determines 
                to be necessary; and
                    ``(B) shall, after the second year of the 6-year 
                period, conduct a review of activities assisted under 
                this title and submit any revisions of the State plan 
                that the eligible agency determines necessary to the 
                Secretary.
            ``(3) Hearing process.--The eligible agency shall conduct 
        public hearings in the State, after appropriate and sufficient 
        notice, for the purpose of affording all segments of the public 
        and interested organizations and groups (including charter 
        school authorizers and organizers consistent with State law, 
        employers, labor organizations, parents, students, and community 
        organizations), an opportunity to present their views and make 
        recommendations regarding the State plan. A summary of such 
        recommendations and the eligible agency's response to such 
        recommendations shall be included in the State plan.

    ``(b) Plan Development.--
            ``(1) In general.--The eligible agency shall--
                    ``(A) develop the State plan in consultation with--
                          ``(i) academic and career and technical 
                      education teachers, faculty, and administrators;
                          ``(ii) career guidance and academic 
                      counselors;
                          ``(iii) eligible recipients;
                          ``(iv) charter school authorizers and 
                      organizers consistent with State law;
                          ``(v) parents and students;
                          ``(vi) institutions of higher education;
                          ``(vii) the State tech prep coordinator and 
                      representatives of tech prep consortia (if 
                      applicable);
                          ``(viii) entities participating in activities 
                      described in section 111 of Public Law 105-220;
                          ``(ix) interested community members (including 
                      parent and community organizations);
                          ``(x) representatives of special populations;
                          ``(xi) representatives of business and 
                      industry (including representatives of small 
                      business); and
                          ``(xii) representatives of labor organizations 
                      in the State; and
                    ``(B) consult the Governor of the State with respect 
                to such development.
            ``(2) Activities and procedures.--The eligible agency shall 
        develop effective activities and procedures, including access to 
        information needed to use such procedures, to allow the 
        individuals and entities described in paragraph (1) to

[[Page 120 STAT. 717]]

        participate in State and local decisions that relate to 
        development of the State plan.

    ``(c) Plan Contents.--The State plan shall include information 
that--
            ``(1) describes the career and technical education 
        activities to be assisted that are designed to meet or exceed 
        the State adjusted levels of performance, including a 
        description of--
                    ``(A) the career and technical programs of study, 
                which may be adopted by local educational agencies and 
                postsecondary institutions to be offered as an option to 
                students (and their parents as appropriate) when 
                planning for and completing future coursework, for 
                career and technical content areas that--
                          ``(i) incorporate secondary education and 
                      postsecondary education elements;
                          ``(ii) include coherent and rigorous content 
                      aligned with challenging academic standards and 
                      relevant career and technical content in a 
                      coordinated, nonduplicative progression of courses 
                      that align secondary education with postsecondary 
                      education to adequately prepare students to 
                      succeed in postsecondary education;
                          ``(iii) may include the opportunity for 
                      secondary education students to participate in 
                      dual or concurrent enrollment programs or other 
                      ways to acquire postsecondary education credits; 
                      and
                          ``(iv) lead to an industry-recognized 
                      credential or certificate at the postsecondary 
                      level, or an associate or baccalaureate degree;
                    ``(B) how the eligible agency, in consultation with 
                eligible recipients, will develop and implement the 
                career and technical programs of study described in 
                subparagraph (A);
                    ``(C) how the eligible agency will support eligible 
                recipients in developing and implementing articulation 
                agreements between secondary education and postsecondary 
                education institutions;
                    ``(D) how the eligible agency will make available 
                information about career and technical programs of study 
                offered by eligible recipients;
                    ``(E) the secondary and postsecondary career and 
                technical education programs to be carried out, 
                including programs that will be carried out by the 
                eligible agency to develop, improve, and expand access 
                to appropriate technology in career and technical 
                education programs;
                    ``(F) the criteria that will be used by the eligible 
                agency to approve eligible recipients for funds under 
                this Act, including criteria to assess the extent to 
                which the local plan will--
                          ``(i) promote continuous improvement in 
                      academic achievement;
                          ``(ii) promote continuous improvement of 
                      technical skill attainment; and
                          ``(iii) identify and address current or 
                      emerging occupational opportunities;
                    ``(G) how programs at the secondary level will 
                prepare career and technical education students, 
                including special

[[Page 120 STAT. 718]]

                populations, to graduate from secondary school with a 
                diploma;
                    ``(H) how such programs will prepare career and 
                technical education students, including special 
                populations, academically and technically for 
                opportunities in postsecondary education or entry into 
                high skill, high wage, or high demand occupations in 
                current or emerging occupations, and how participating 
                students will be made aware of such opportunities;
                    ``(I) how funds will be used to improve or develop 
                new career and technical education courses--
                          ``(i) at the secondary level that are aligned 
                      with rigorous and challenging academic content 
                      standards and student academic achievement 
                      standards adopted by the State under section 
                      1111(b)(1) of the Elementary and Secondary 
                      Education Act of 1965;
                          ``(ii) at the postsecondary level that are 
                      relevant and challenging; and
                          ``(iii) that lead to employment in high skill, 
                      high wage, or high demand occupations;
                    ``(J) how the eligible agency will facilitate and 
                coordinate communication on best practices among 
                successful recipients of tech prep program grants under 
                title II and eligible recipients to improve program 
                quality and student achievement;
                    ``(K) how funds will be used effectively to link 
                academic and career and technical education at the 
                secondary level and at the postsecondary level in a 
                manner that increases student academic and career and 
                technical achievement; and
                    ``(L) how the eligible agency will report on the 
                integration of coherent and rigorous content aligned 
                with challenging academic standards in career and 
                technical education programs in order to adequately 
                evaluate the extent of such integration;
            ``(2) describes how comprehensive professional development 
        (including initial teacher preparation and activities that 
        support recruitment) for career and technical education 
        teachers, faculty, administrators, and career guidance and 
        academic counselors will be provided, especially professional 
        development that--
                    ``(A) promotes the integration of coherent and 
                rigorous academic content standards and career and 
                technical education curricula, including through 
                opportunities for the appropriate academic and career 
                and technical education teachers to jointly develop and 
                implement curricula and pedagogical strategies, as 
                appropriate;
                    ``(B) increases the percentage of teachers that meet 
                teacher certification or licensing requirements;
                    ``(C) is high quality, sustained, intensive, and 
                focused on instruction, and increases the academic 
                knowledge and understanding of industry standards, as 
                appropriate, of career and technical education teachers;
                    ``(D) encourages applied learning that contributes 
                to the academic and career and technical knowledge of 
                the student;

[[Page 120 STAT. 719]]

                    ``(E) provides the knowledge and skills needed to 
                work with and improve instruction for special 
                populations;
                    ``(F) assists in accessing and utilizing data, 
                including data provided under section 118, student 
                achievement data, and data from assessments; and
                    ``(G) promotes integration with professional 
                development activities that the State carries out under 
                title II of the Elementary and Secondary Education Act 
                of 1965 and title II of the Higher Education Act of 
                1965;
            ``(3) describes efforts to improve--
                    ``(A) the recruitment and retention of career and 
                technical education teachers, faculty, and career 
                guidance and academic counselors, including individuals 
                in groups underrepresented in the teaching profession; 
                and
                    ``(B) the transition to teaching from business and 
                industry, including small business;
            ``(4) describes efforts to facilitate the transition of 
        subbaccalaureate career and technical education students into 
        baccalaureate degree programs at institutions of higher 
        education;
            ``(5) describes how the eligible agency will actively 
        involve parents, academic and career and technical education 
        teachers, administrators, faculty, career guidance and academic 
        counselors, local business (including small businesses), and 
        labor organizations in the planning, development, 
        implementation, and evaluation of such career and technical 
        education programs;
            ``(6) describes how funds received by the eligible agency 
        through the allotment made under section 111 will be allocated--
                    ``(A) among career and technical education at the 
                secondary level, or career and technical education at 
                the postsecondary and adult level, or both, including 
                the rationale for such allocation; and
                    ``(B) among any consortia that will be formed among 
                secondary schools and eligible institutions, and how 
                funds will be allocated among the members of the 
                consortia, including the rationale for such allocation;
            ``(7) describes how the eligible agency will--
                    ``(A) improve the academic and technical skills of 
                students participating in career and technical education 
                programs, including strengthening the academic and 
                career and technical components of career and technical 
                education programs through the integration of academics 
                with career and technical education to ensure learning 
                in--
                          ``(i) the core academic subjects (as defined 
                      in section 9101 of the Elementary and Secondary 
                      Education Act of 1965); and
                          ``(ii) career and technical education 
                      subjects;
                    ``(B) provide students with strong experience in, 
                and understanding of, all aspects of an industry; and
                    ``(C) ensure that students who participate in such 
                career and technical education programs are taught to 
                the same challenging academic proficiencies as are 
                taught to all other students;
            ``(8) describes how the eligible agency will annually 
        evaluate the effectiveness of such career and technical 
        education programs, and describe, to the extent practicable, how

[[Page 120 STAT. 720]]

        the eligible agency is coordinating such programs to ensure 
        nonduplication with other Federal programs;
            ``(9) describes the eligible agency's program strategies for 
        special populations, including a description of how individuals 
        who are members of the special populations--
                    ``(A) will be provided with equal access to 
                activities assisted under this Act;
                    ``(B) will not be discriminated against on the basis 
                of their status as members of the special populations; 
                and
                    ``(C) will be provided with programs designed to 
                enable the special populations to meet or exceed State 
                adjusted levels of performance, and prepare special 
                populations for further learning and for high skill, 
                high wage, or high demand occupations;
            ``(10) describes--
                    ``(A) the eligible agency's efforts to ensure that 
                eligible recipients are given the opportunity to provide 
                input in determining the State adjusted levels of 
                performance described in section 113; and
                    ``(B) how the eligible agency, in consultation with 
                eligible recipients, will develop a process for the 
                negotiation of local adjusted levels of performance 
                under section 113(b)(4) if an eligible recipient does 
                not accept the State adjusted levels of performance 
                under section 113(b)(3);
            ``(11) provides assurances that the eligible agency will 
        comply with the requirements of this Act and the provisions of 
        the State plan, including the provision of a financial audit of 
        funds received under this Act which may be included as part of 
        an audit of other Federal or State programs;
            ``(12) provides assurances that none of the funds expended 
        under this Act will be used to acquire equipment (including 
        computer software) in any instance in which such acquisition 
        results in a direct financial benefit to any organization 
        representing the interests of the acquiring entity or the 
        employees of the acquiring entity, or any affiliate of such an 
        organization;
            ``(13) describes how the eligible agency will report data 
        relating to students participating in career and technical 
        education in order to adequately measure the progress of the 
        students, including special populations, and how the eligible 
        agency will ensure that the data reported to the eligible agency 
        from local educational agencies and eligible institutions under 
        this title and the data the eligible agency reports to the 
        Secretary are complete, accurate, and reliable;
            ``(14) describes how the eligible agency will adequately 
        address the needs of students in alternative education programs, 
        if appropriate;
            ``(15) describes how the eligible agency will provide local 
        educational agencies, area career and technical education 
        schools, and eligible institutions in the State with technical 
        assistance;
            ``(16) describes how career and technical education relates 
        to State and regional occupational opportunities;
            ``(17) describes the methods proposed for the joint planning 
        and coordination of programs carried out under this title with 
        other Federal education programs;

[[Page 120 STAT. 721]]

            ``(18) describes how funds will be used to promote 
        preparation for high skill, high wage, or high demand 
        occupations and non-traditional fields;
            ``(19) describes how funds will be used to serve individuals 
        in State correctional institutions; and
            ``(20) contains the description and information specified in 
        sections 112(b)(8) and 121(c) of Public Law 105-220 concerning 
        the provision of services only for postsecondary students and 
        school dropouts.

    ``(d) Plan Options.--
            ``(1) Single plan.--An eligible agency not choosing to 
        consolidate funds under section 202 shall fulfill the plan or 
        application submission requirements of this section, and section 
        201(c), by submitting a single State plan. In such plan, the 
        eligible agency may allow recipients to fulfill the plan or 
        application submission requirements of section 134 and 
        subsections (a) and (b) of section 204 by submitting a single 
        local plan.
            ``(2) Plan submitted as part of 501 plan.--The eligible 
        agency may submit the plan required under this section as part 
        of the plan submitted under section 501 of Public Law 105-220, 
        if the plan submitted pursuant to the requirement of this 
        section meets the requirements of this Act.

    ``(e) Plan Approval.--
            ``(1) In general.--The Secretary shall approve a State plan, 
        or a revision to an approved State plan, unless the Secretary 
        determines that--
                    ``(A) the State plan, or revision, respectively, 
                does not meet the requirements of this Act; or
                    ``(B) the State's levels of performance on the core 
                indicators of performance consistent with section 113 
                are not sufficiently rigorous to meet the purpose of 
                this Act.
            ``(2) Disapproval.--The Secretary shall not finally 
        disapprove a State plan, except after giving the eligible agency 
        notice and an opportunity for a hearing.
            ``(3) Consultation.--The eligible agency shall develop the 
        portion of each State plan relating to the amount and uses of 
        any funds proposed to be reserved for adult career and technical 
        education, postsecondary career and technical education, tech 
        prep education, and secondary career and technical education 
        after consultation with the State agency responsible for 
        supervision of community colleges, technical institutes, or 
        other 2-year postsecondary institutions primarily engaged in 
        providing postsecondary career and technical education, and the 
        State agency responsible for secondary education. If a State 
        agency finds that a portion of the final State plan is 
        objectionable, the State agency shall file such objections with 
        the eligible agency. The eligible agency shall respond to any 
        objections of the State agency in the State plan submitted to 
        the Secretary.
            ``(4) Timeframe.--A State plan shall be deemed approved by 
        the Secretary if the Secretary has not responded to the eligible 
        agency regarding the State plan within 90 days of the date the 
        Secretary receives the State plan.

``SEC. 123. <<NOTE: 20 USC 2343.>> IMPROVEMENT PLANS.

    ``(a) State Program Improvement.--

[[Page 120 STAT. 722]]

            ``(1) Plan.--If a State fails to meet at least 90 percent of 
        an agreed upon State adjusted level of performance for any of 
        the core indicators of performance described in section 
        113(b)(3), the eligible agency shall develop and implement a 
        program improvement plan (with special consideration to 
        performance gaps identified under section 113(c)(2)) in 
        consultation with the appropriate agencies, individuals, and 
        organizations during the first program year succeeding the 
        program year for which the eligible agency failed to so meet the 
        State adjusted level of performance for any of the core 
        indicators of performance.
            ``(2) Technical assistance.--If the Secretary determines 
        that an eligible agency is not properly implementing the 
        eligible agency's responsibilities under section 122, or is not 
        making substantial progress in meeting the purposes of this Act, 
        based on the State's adjusted levels of performance, the 
        Secretary shall work with the eligible agency to implement the 
        improvement activities consistent with the requirements of this 
        Act.
            ``(3) Subsequent action.--
                    ``(A) In general.--The Secretary may, after notice 
                and opportunity for a hearing, withhold from an eligible 
                agency all, or a portion, of the eligible agency's 
                allotment under paragraphs (2) and (3) of section 112(a) 
                if the eligible agency--
                          ``(i) fails to implement an improvement plan 
                      as described in paragraph (1);
                          ``(ii) fails to make any improvement in 
                      meeting any of the State adjusted levels of 
                      performance for the core indicators of performance 
                      identified under paragraph (1) within the first 
                      program year of implementation of its improvement 
                      plan described in paragraph (1); or
                          ``(iii) fails to meet at least 90 percent of 
                      an agreed upon State adjusted level of performance 
                      for the same core indicator of performance for 3 
                      consecutive years.
                    ``(B) Waiver for exceptional circumstances.--The 
                Secretary may waive the sanction in subparagraph (A) due 
                to exceptional or uncontrollable circumstances, such as 
                a natural disaster or a precipitous and unforeseen 
                decline in the financial resources of the State.
            ``(4) Funds resulting from reduced allotments.--The 
        Secretary shall use funds withheld under paragraph (3) for a 
        State served by an eligible agency to provide technical 
        assistance, to assist in the development of an improved State 
        improvement plan, or for other improvement activities consistent 
        with the requirements of this Act for such State.

    ``(b) Local Program Improvement.--
            ``(1) Local evaluation.--Each eligible agency shall evaluate 
        annually, using the local adjusted levels of performance 
        described in section 113(b)(4), the career and technical 
        education activities of each eligible recipient receiving funds 
        under this title.
            ``(2) Plan.--If, after reviewing the evaluation in paragraph 
        (1), the eligible agency determines that an eligible recipient 
        failed to meet at least 90 percent of an agreed upon local 
        adjusted level of performance for any of the core indicators of 
        performance described in section 113(b)(4), the eligible

[[Page 120 STAT. 723]]

        recipient shall develop and implement a program improvement plan 
        (with special consideration to performance gaps identified under 
        section 113(b)(4)(C)(ii)(II)) in consultation with the eligible 
        agency, appropriate agencies, individuals, and organizations 
        during the first program year succeeding the program year for 
        which the eligible recipient failed to so meet any of the local 
        adjusted levels of performance for any of the core indicators of 
        performance.
            ``(3) Technical assistance.--If the eligible agency 
        determines that an eligible recipient is not properly 
        implementing the eligible recipient's responsibilities under 
        section 134, or is not making substantial progress in meeting 
        the purposes of this Act, based on the local adjusted levels of 
        performance, the eligible agency shall work with the eligible 
        recipient to implement improvement activities consistent with 
        the requirements of this Act.
            ``(4) Subsequent action.--
                    ``(A) In general.--The eligible agency may, after 
                notice and opportunity for a hearing, withhold from the 
                eligible recipient all, or a portion, of the eligible 
                recipient's allotment under this title if the eligible 
                recipient--
                          ``(i) fails to implement an improvement plan 
                      as described in paragraph (2);
                          ``(ii) fails to make any improvement in 
                      meeting any of the local adjusted levels of 
                      performance for the core indicators of performance 
                      identified under paragraph (2) within the first 
                      program year of implementation of its improvement 
                      plan described in paragraph (2); or
                          ``(iii) fails to meet at least 90 percent of 
                      an agreed upon local adjusted level of performance 
                      for the same core indicator of performance for 3 
                      consecutive years.
                    ``(B) Waiver for exceptional circumstances.--In 
                determining whether to impose sanctions under 
                subparagraph (A), the eligible agency may waive imposing 
                sanctions--
                          ``(i) due to exceptional or uncontrollable 
                      circumstances, such as a natural disaster or a 
                      precipitous and unforeseen decline in the 
                      financial resources of the eligible recipient; or
                          ``(ii) based on the impact on the eligible 
                      recipient's reported performance of the small size 
                      of the career and technical education program 
                      operated by the eligible recipient.
            ``(5) Funds resulting from reduced allotments.--The eligible 
        agency shall use funds withheld under paragraph (4) from an 
        eligible recipient to provide (through alternative arrangements) 
        services and activities to students within the area served by 
        such recipient to meet the purposes of this Act.

``SEC. 124. <<NOTE: 20 USC 2344.>> STATE LEADERSHIP ACTIVITIES.

    ``(a) General Authority.--From amounts reserved under section 
112(a)(2), each eligible agency shall conduct State leadership 
activities.
    ``(b) Required Uses of Funds.--The State leadership activities 
described in subsection (a) shall include--

[[Page 120 STAT. 724]]

            ``(1) an assessment of the career and technical education 
        programs carried out with funds under this title, including an 
        assessment of how the needs of special populations are being met 
        and how the career and technical education programs are designed 
        to enable special populations to meet State adjusted levels of 
        performance and prepare the special populations for further 
        education, further training, or for high skill, high wage, or 
        high demand occupations;
            ``(2) developing, improving, or expanding the use of 
        technology in career and technical education that may include--
                    ``(A) training of career and technical education 
                teachers, faculty, career guidance and academic 
                counselors, and administrators to use technology, 
                including distance learning;
                    ``(B) providing career and technical education 
                students with the academic and career and technical 
                skills (including the mathematics and science knowledge 
                that provides a strong basis for such skills) that lead 
                to entry into technology fields, including non-
                traditional fields; or
                    ``(C) encouraging schools to collaborate with 
                technology industries to offer voluntary internships and 
                mentoring programs;
            ``(3) professional development programs, including providing 
        comprehensive professional development (including initial 
        teacher preparation) for career and technical education 
        teachers, faculty, administrators, and career guidance and 
        academic counselors at the secondary and postsecondary levels, 
        that support activities described in section 122 and--
                    ``(A) provide in-service and preservice training in 
                career and technical education programs--
                          ``(i) on effective integration and use of 
                      challenging academic and career and technical 
                      education provided jointly with academic teachers 
                      to the extent practicable;
                          ``(ii) on effective teaching skills based on 
                      research that includes promising practices;
                          ``(iii) on effective practices to improve 
                      parental and community involvement; and
                          ``(iv) on effective use of scientifically 
                      based research and data to improve instruction;
                    ``(B) are high quality, sustained, intensive, and 
                classroom-focused in order to have a positive and 
                lasting impact on classroom instruction and the 
                teacher's performance in the classroom, and are not 1-
                day or short-term workshops or conferences;
                    ``(C) will help teachers and personnel to improve 
                student achievement in order to meet the State adjusted 
                levels of performance established under section 113;
                    ``(D) will support education programs for teachers 
                of career and technical education in public schools and 
                other public school personnel who are involved in the 
                direct delivery of educational services to career and 
                technical education students to ensure that teachers and 
                personnel--
                          ``(i) stay current with the needs, 
                      expectations, and methods of industry;
                          ``(ii) can effectively develop rigorous and 
                      challenging, integrated academic and career and 
                      technical

[[Page 120 STAT. 725]]

                      education curricula jointly with academic 
                      teachers, to the extent practicable;
                          ``(iii) develop a higher level of academic and 
                      industry knowledge and skills in career and 
                      technical education; and
                          ``(iv) effectively use applied learning that 
                      contributes to the academic and career and 
                      technical knowledge of the student; and
                    ``(E) are coordinated with the teacher certification 
                or licensing and professional development activities 
                that the State carries out under title II of the 
                Elementary and Secondary Education Act of 1965 and title 
                II of the Higher Education Act of 1965;
            ``(4) supporting career and technical education programs 
        that improve the academic and career and technical skills of 
        students participating in career and technical education 
        programs by strengthening the academic and career and technical 
        components of such career and technical education programs, 
        through the integration of coherent and relevant content aligned 
        with challenging academic standards and relevant career and 
        technical education, to ensure achievement in--
                    ``(A) the core academic subjects (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965); and
                    ``(B) career and technical education subjects;
            ``(5) providing preparation for non-traditional fields in 
        current and emerging professions, and other activities that 
        expose students, including special populations, to high skill, 
        high wage occupations;
            ``(6) supporting partnerships among local educational 
        agencies, institutions of higher education, adult education 
        providers, and, as appropriate, other entities, such as 
        employers, labor organizations, intermediaries, parents, and 
        local partnerships, to enable students to achieve State academic 
        standards, and career and technical skills, or complete career 
        and technical programs of study, as described in section 
        122(c)(1)(A);
            ``(7) serving individuals in State institutions, such as 
        State correctional institutions and institutions that serve 
        individuals with disabilities;
            ``(8) support for programs for special populations that lead 
        to high skill, high wage, or high demand occupations; and
            ``(9) technical assistance for eligible recipients.

    ``(c) Permissible Uses of Funds.--The leadership activities 
described in subsection (a) may include--
            ``(1) improvement of career guidance and academic counseling 
        programs that assist students in making informed academic and 
        career and technical education decisions, including--
                    ``(A) encouraging secondary and postsecondary 
                students to graduate with a diploma or degree; and
                    ``(B) exposing students to high skill, high wage 
                occupations and non-traditional fields;
            ``(2) establishment of agreements, including articulation 
        agreements, between secondary school and postsecondary career 
        and technical education programs in order to provide 
        postsecondary education and training opportunities for students 
        participating in such career and technical education programs, 
        such as tech prep programs;

[[Page 120 STAT. 726]]

            ``(3) support for initiatives to facilitate the transition 
        of subbaccalaureate career and technical education students into 
        baccalaureate degree programs, including--
                    ``(A) statewide articulation agreements between 
                associate degree granting career and technical 
                postsecondary educational institutions and baccalaureate 
                degree granting postsecondary educational institutions;
                    ``(B) postsecondary dual and concurrent enrollment 
                programs;
                    ``(C) academic and financial aid counseling; and
                    ``(D) other initiatives--
                          ``(i) to encourage the pursuit of a 
                      baccalaureate degree; and
                          ``(ii) to overcome barriers to participation 
                      in baccalaureate degree programs, including 
                      geographic and other barriers affecting rural 
                      students and special populations;
            ``(4) support for career and technical student 
        organizations, especially with respect to efforts to increase 
        the participation of students who are members of special 
        populations;
            ``(5) support for public charter schools operating career 
        and technical education programs;
            ``(6) support for career and technical education programs 
        that offer experience in, and understanding of, all aspects of 
        an industry for which students are preparing to enter;
            ``(7) support for family and consumer sciences programs;
            ``(8) support for partnerships between education and 
        business or business intermediaries, including cooperative 
        education and adjunct faculty arrangements at the secondary and 
        postsecondary levels;
            ``(9) support to improve or develop new career and technical 
        education courses and initiatives, including career clusters, 
        career academies, and distance education, that prepare 
        individuals academically and technically for high skill, high 
        wage, or high demand occupations;
            ``(10) awarding incentive grants to eligible recipients--
                    ``(A) for exemplary performance in carrying out 
                programs under this Act, which awards shall be based 
                on--
                          ``(i) eligible recipients exceeding the local 
                      adjusted levels of performance established under 
                      section 113(b) in a manner that reflects sustained 
                      or significant improvement;
                          ``(ii) eligible recipients effectively 
                      developing connections between secondary education 
                      and postsecondary education and training;
                          ``(iii) the adoption and integration of 
                      coherent and rigorous content aligned with 
                      challenging academic standards and technical 
                      coursework;
                          ``(iv) eligible recipients' progress in having 
                      special populations who participate in career and 
                      technical education programs meet local adjusted 
                      levels of performance; or
                          ``(v) other factors relating to the 
                      performance of eligible recipients under this Act 
                      as the eligible agency determines are appropriate; 
                      or
                    ``(B) if an eligible recipient elects to use funds 
                as permitted under section 135(c)(19);

[[Page 120 STAT. 727]]

            ``(11) providing for activities to support entrepreneurship 
        education and training;
            ``(12) providing career and technical education programs for 
        adults and school dropouts to complete their secondary school 
        education, in coordination, to the extent practicable, with 
        activities authorized under the Adult Education and Family 
        Literacy Act;
            ``(13) providing assistance to individuals, who have 
        participated in services and activities under this title, in 
        continuing the individuals' education or training or finding 
        appropriate jobs, such as through referral to the system 
        established under section 121 of Public Law 105-220;
            ``(14) developing valid and reliable assessments of 
        technical skills;
            ``(15) developing and enhancing data systems to collect and 
        analyze data on secondary and postsecondary academic and 
        employment outcomes;
            ``(16) improving--
                    ``(A) the recruitment and retention of career and 
                technical education teachers, faculty, administrators, 
                and career guidance and academic counselors, including 
                individuals in groups underrepresented in the teaching 
                profession; and
                    ``(B) the transition to teaching from business and 
                industry, including small business; and
            ``(17) support for occupational and employment information 
        resources, such as those described in section 118.

    ``(d) Restriction on Uses of Funds.--An eligible agency that 
receives funds under section 112(a)(2) may not use any of such funds for 
administrative costs.

                       ``PART C--LOCAL PROVISIONS

``SEC. 131. <<NOTE: 20 USC 2351.>> DISTRIBUTION OF FUNDS TO SECONDARY 
            EDUCATION PROGRAMS.

    ``(a) Distribution Rules.--Except as provided in section 133 and as 
otherwise provided in this section, each eligible agency shall 
distribute the portion of funds made available under section 112(a)(1) 
to carry out this section to local educational agencies within the State 
as follows:
            ``(1) Thirty percent.--Thirty percent shall be allocated to 
        such local educational agencies in proportion to the number of 
        individuals aged 5 through 17, inclusive, who reside in the 
        school district served by such local educational agency for the 
        preceding fiscal year compared to the total number of such 
        individuals who reside in the school districts served by all 
        local educational agencies in the State for such preceding 
        fiscal year, as determined on the basis of the most recent 
        satisfactory--
                    ``(A) data provided to the Secretary by the Bureau 
                of the Census for the purpose of determining eligibility 
                under title I of the Elementary and Secondary Education 
                Act of 1965; or
                    ``(B) student membership data collected by the 
                National Center for Education Statistics through the 
                Common Core of Data survey system.

[[Page 120 STAT. 728]]

            ``(2) Seventy percent.--Seventy percent shall be allocated 
        to such local educational agencies in proportion to the number 
        of individuals aged 5 through 17, inclusive, who reside in the 
        school district served by such local educational agency and are 
        from families below the poverty level for the preceding fiscal 
        year, as determined on the basis of the most recent satisfactory 
        data used under section 1124(c)(1)(A) of the Elementary and 
        Secondary Education Act of 1965, compared to the total number of 
        such individuals who reside in the school districts served by 
        all the local educational agencies in the State for such 
        preceding fiscal year.
            ``(3) Adjustments.--Each eligible agency, in making the 
        allocations under paragraphs (1) and (2), shall adjust the data 
        used to make the allocations to--
                    ``(A) reflect any change in school district 
                boundaries that may have occurred since the data were 
                collected; and
                    ``(B) include local educational agencies without 
                geographical boundaries, such as charter schools and 
                secondary schools funded by the Bureau of Indian 
                Affairs.

    ``(b) Waiver for More Equitable Distribution.--The Secretary may 
waive the application of subsection (a) in the case of any eligible 
agency that submits to the Secretary an application for such a waiver 
that--
            ``(1) demonstrates that a proposed alternative formula more 
        effectively targets funds on the basis of poverty (as defined by 
        the Office of Management and Budget and revised annually in 
        accordance with section 673(2) of the Community Services Block 
        Grant Act (42 U.S.C. 9902(2))) to local educational agencies 
        within the State than the formula described in subsection (a); 
        and
            ``(2) includes a proposal for such an alternative formula.

    ``(c) Minimum Allocation.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        local educational agency shall not receive an allocation under 
        subsection (a) unless the amount allocated to such agency under 
        subsection (a) is greater than $15,000. A local educational 
        agency may enter into a consortium with other local educational 
        agencies for purposes of meeting the minimum allocation 
        requirement of this paragraph.
            ``(2) Waiver.--The eligible agency shall waive the 
        application of paragraph (1) in any case in which the local 
        educational agency--
                    ``(A)(i) is located in a rural, sparsely populated 
                area; or
                    ``(ii) is a public charter school operating 
                secondary school career and technical education 
                programs; and
                    ``(B) demonstrates that the local educational agency 
                is unable to enter into a consortium for purposes of 
                providing activities under this part.
            ``(3) Redistribution.--Any amounts that are not allocated by 
        reason of paragraph (1) or paragraph (2) shall be redistributed 
        to local educational agencies that meet the requirements of 
        paragraph (1) or (2) in accordance with the provisions of this 
        section.

    ``(d) Limited Jurisdiction Agencies.--
            ``(1) In general.--In applying the provisions of subsection 
        (a), no eligible agency receiving assistance under this title

[[Page 120 STAT. 729]]

        shall allocate funds to a local educational agency that serves 
        only elementary schools, but shall distribute such funds to the 
        local educational agency or regional educational agency that 
        provides secondary school services to secondary school students 
        in the same attendance area.
            ``(2) Special rule.--The amount to be allocated under 
        paragraph (1) to a local educational agency that has 
        jurisdiction only over secondary schools shall be determined 
        based on the number of students that entered such secondary 
        schools in the previous year from the elementary schools 
        involved.

    ``(e) Allocations to Area Career and Technical Education Schools and 
Educational Service Agencies.--
            ``(1) In general.--Each eligible agency shall distribute the 
        portion of funds made available under section 112(a)(1) for any 
        fiscal year by such eligible agency for career and technical 
        education activities at the secondary level under this section 
        to the appropriate area career and technical education school or 
        educational service agency in any case in which the area career 
        and technical education school or educational service agency, 
        and the local educational agency concerned--
                    ``(A) have formed or will form a consortium for the 
                purpose of receiving funds under this section; or
                    ``(B) have entered into or will enter into a 
                cooperative arrangement for such purpose.
            ``(2) Allocation basis.--If an area career and technical 
        education school or educational service agency meets the 
        requirements of paragraph (1), then the amount that would 
        otherwise be distributed to the local educational agency shall 
        be allocated to the area career and technical education school, 
        the educational service agency, and the local educational agency 
        based on each school, agency or entity's relative share of 
        students who are attending career and technical education 
        programs (based, if practicable, on the average enrollment for 
        the preceding 3 years).
            ``(3) Appeals procedure.--The eligible agency shall 
        establish an appeals procedure for resolution of any dispute 
        arising between a local educational agency and an area career 
        and technical education school or an educational service agency 
        with respect to the allocation procedures described in this 
        section, including the decision of a local educational agency to 
        leave a consortium or terminate a cooperative arrangement.

    ``(f) Consortium Requirements.--
            ``(1) Alliance.--Any local educational agency receiving an 
        allocation that is not sufficient to conduct a program which 
        meets the requirements of section 135 is encouraged to--
                    ``(A) form a consortium or enter into a cooperative 
                agreement with an area career and technical education 
                school or educational service agency offering programs 
                that meet the requirements of section 135;
                    ``(B) transfer such allocation to the area career 
                and technical education school or educational service 
                agency; and
                    ``(C) operate programs that are of sufficient size, 
                scope, and quality to be effective.
            ``(2) Funds to consortium.--Funds allocated to a consortium 
        formed to meet the requirements of this subsection shall be used 
        only for purposes and programs that are mutually

[[Page 120 STAT. 730]]

        beneficial to all members of the consortium and can be used only 
        for programs authorized under this title. Such funds may not be 
        reallocated to individual members of the consortium for purposes 
        or programs benefitting only 1 member of the consortium.

    ``(g) Data.--The Secretary shall collect information from eligible 
agencies regarding the specific dollar allocations made available by the 
eligible agency for career and technical education programs under 
subsections (a), (b), (c), (d), and (e) and how these allocations are 
distributed to local educational agencies, area career and technical 
education schools, and educational service agencies, within the State in 
accordance with this section.
    ``(h) Special Rule.--Each eligible agency distributing funds under 
this section shall treat a secondary school funded by the Bureau of 
Indian Affairs within the State as if such school were a local 
educational agency within the State for the purpose of receiving a 
distribution under this section.

``SEC. 132. <<NOTE: 20 USC 2352.>> DISTRIBUTION OF FUNDS FOR 
            POSTSECONDARY EDUCATION PROGRAMS.

    ``(a) Allocation.--
            ``(1) In general.--Except as provided in subsections (b) and 
        (c) and section 133, each eligible agency shall distribute the 
        portion of the funds made available under section 112(a)(1) to 
        carry out this section for any fiscal year to eligible 
        institutions or consortia of eligible institutions within the 
        State.
            ``(2) Formula.--Each eligible institution or consortium of 
        eligible institutions shall be allocated an amount that bears 
        the same relationship to the portion of funds made available 
        under section 112(a)(1) to carry out this section for any fiscal 
        year as the sum of the number of individuals who are Federal 
        Pell Grant recipients and recipients of assistance from the 
        Bureau of Indian Affairs enrolled in programs meeting the 
        requirements of section 135 offered by such institution or 
        consortium in the preceding fiscal year bears to the sum of the 
        number of such recipients enrolled in such programs within the 
        State for such year.
            ``(3) Consortium requirements.--
                    ``(A) In general.--In order for a consortium of 
                eligible institutions described in paragraph (2) to 
                receive assistance pursuant to such paragraph, such 
                consortium shall operate joint projects that--
                          ``(i) provide services to all postsecondary 
                      institutions participating in the consortium; and
                          ``(ii) are of sufficient size, scope, and 
                      quality to be effective.
                    ``(B) Funds to consortium.--Funds allocated to a 
                consortium formed to meet the requirements of this 
                section shall be used only for purposes and programs 
                that are mutually beneficial to all members of the 
                consortium and shall be used only for programs 
                authorized under this title. Such funds may not be 
                reallocated to individual members of the consortium for 
                purposes or programs benefitting only 1 member of the 
                consortium.
            ``(4) Waiver.--The eligible agency may waive the application 
        of paragraph (3)(A)(i) in any case in which the eligible 
        institution is located in a rural, sparsely populated area.

[[Page 120 STAT. 731]]

    ``(b) Waiver for More Equitable Distribution.--The Secretary may 
waive the application of subsection (a) if an eligible agency submits to 
the Secretary an application for such a waiver that--
            ``(1) demonstrates that the formula described in subsection 
        (a) does not result in a distribution of funds to the eligible 
        institutions or consortia within the State that have the highest 
        numbers of economically disadvantaged individuals and that an 
        alternative formula will result in such a distribution; and
            ``(2) includes a proposal for such an alternative formula.

    ``(c) Minimum Grant Amount.--
            ``(1) In general.--No institution or consortium shall 
        receive an allocation under this section in an amount that is 
        less than $50,000.
            ``(2) Redistribution.--Any amounts that are not distributed 
        by reason of paragraph (1) shall be redistributed to eligible 
        institutions or consortia in accordance with this section.

``SEC. 133. <<NOTE: 20 USC 2353.>> SPECIAL RULES FOR CAREER AND 
            TECHNICAL EDUCATION.

    ``(a) Special Rule for Minimal Allocation.--
            ``(1) General authority.--Notwithstanding the provisions of 
        sections 131 and 132 and in order to make a more equitable 
        distribution of funds for programs serving the areas of greatest 
        economic need, for any program year for which a minimal amount 
        is made available by an eligible agency for distribution under 
        section 131 or 132, such eligible agency may distribute such 
        minimal amount for such year--
                    ``(A) on a competitive basis; or
                    ``(B) through any alternative method determined by 
                the eligible agency.
            ``(2) Minimal amount.--For purposes of this section, the 
        term `minimal amount' means not more than 15 percent of the 
        total amount made available for distribution under section 
        112(a)(1).

    ``(b) Redistribution.--
            ``(1) In general.--In any academic year that an eligible 
        recipient does not expend all of the amounts the eligible 
        recipient is allocated for such year under section 131 or 132, 
        such eligible recipient shall return any unexpended amounts to 
        the eligible agency to be reallocated under section 131 or 132, 
        as appropriate.
            ``(2) Redistribution of amounts returned late in an academic 
        year.--In any academic year in which amounts are returned to the 
        eligible agency under section 131 or 132 and the eligible agency 
        is unable to reallocate such amounts according to such sections 
        in time for such amounts to be expended in such academic year, 
        the eligible agency shall retain such amounts for distribution 
        in combination with amounts provided under section 112(a)(1) for 
        the following academic year.

    ``(c) Construction.--Nothing in section 131 or 132 shall be 
construed--
            ``(1) to prohibit a local educational agency or a consortium 
        thereof that receives assistance under section 131, from working 
        with an eligible institution or consortium thereof that receives 
        assistance under section 132, to carry out career and technical

[[Page 120 STAT. 732]]

        education programs at the secondary level in accordance with 
        this title;
            ``(2) to prohibit an eligible institution or consortium 
        thereof that receives assistance under section 132, from working 
        with a local educational agency or consortium thereof that 
        receives assistance under section 131, to carry out 
        postsecondary and adult career and technical education programs 
        in accordance with this title; or
            ``(3) to require a charter school, that provides career and 
        technical education programs and is considered a local 
        educational agency under State law, to jointly establish the 
        charter school's eligibility for assistance under this title 
        unless the charter school is explicitly permitted to do so under 
        the State's charter school statute.

    ``(d) Consistent Application.--For purposes of this section, the 
eligible agency shall provide funds to charter schools offering career 
and technical education programs in the same manner as the eligible 
agency provides those funds to other schools. Such career and technical 
education programs within a charter school shall be of sufficient size, 
scope, and quality to be effective.

``SEC. 134. <<NOTE: 20 USC 2354.>> LOCAL PLAN FOR CAREER AND TECHNICAL 
            EDUCATION PROGRAMS.

    ``(a) Local Plan Required.--Any eligible recipient desiring 
financial assistance under this part shall, in accordance with 
requirements established by the eligible agency (in consultation with 
such other educational training entities as the eligible agency 
determines to be appropriate) submit a local plan to the eligible 
agency. Such local plan shall cover the same period of time as the 
period of time applicable to the State plan submitted under section 122.
    ``(b) Contents.--The <<NOTE: Requirements.>> eligible agency shall 
determine the requirements for local plans, except that each local plan 
shall--
            ``(1) describe how the career and technical education 
        programs required under section 135(b) will be carried out with 
        funds received under this title;
            ``(2) describe how the career and technical education 
        activities will be carried out with respect to meeting State and 
        local adjusted levels of performance established under section 
        113;
            ``(3) describe how the eligible recipient will--
                    ``(A) offer the appropriate courses of not less than 
                1 of the career and technical programs of study 
                described in section 122(c)(1)(A);
                    ``(B) improve the academic and technical skills of 
                students participating in career and technical education 
                programs by strengthening the academic and career and 
                technical education components of such programs through 
                the integration of coherent and rigorous content aligned 
                with challenging academic standards and relevant career 
                and technical education programs to ensure learning in--
                          ``(i) the core academic subjects (as defined 
                      in section 9101 of the Elementary and Secondary 
                      Education Act of 1965); and
                          ``(ii) career and technical education 
                      subjects;
                    ``(C) provide students with strong experience in, 
                and understanding of, all aspects of an industry;

[[Page 120 STAT. 733]]

                    ``(D) ensure that students who participate in such 
                career and technical education programs are taught to 
                the same coherent and rigorous content aligned with 
                challenging academic standards as are taught to all 
                other students; and
                    ``(E) encourage career and technical education 
                students at the secondary level to enroll in rigorous 
                and challenging courses in core academic subjects (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965);
            ``(4) describe how comprehensive professional development 
        (including initial teacher preparation) for career and technical 
        education, academic, guidance, and administrative personnel will 
        be provided that promotes the integration of coherent and 
        rigorous content aligned with challenging academic standards and 
        relevant career and technical education (including curriculum 
        development);
            ``(5) describe how parents, students, academic and career 
        and technical education teachers, faculty, administrators, 
        career guidance and academic counselors, representatives of tech 
        prep consortia (if applicable), representatives of the entities 
        participating in activities described in section 117 of Public 
        Law 105-220 (if applicable), representatives of business 
        (including small business) and industry, labor organizations, 
        representatives of special populations, and other interested 
        individuals are involved in the development, implementation, and 
        evaluation of career and technical education programs assisted 
        under this title, and how such individuals and entities are 
        effectively informed about, and assisted in understanding, the 
        requirements of this title, including career and technical 
        programs of study;
            ``(6) provide assurances that the eligible recipient will 
        provide a career and technical education program that is of such 
        size, scope, and quality to bring about improvement in the 
        quality of career and technical education programs;
            ``(7) describe the process that will be used to evaluate and 
        continuously improve the performance of the eligible recipient;
            ``(8) describe how the eligible recipient will--
                    ``(A) review career and technical education 
                programs, and identify and adopt strategies to overcome 
                barriers that result in lowering rates of access to or 
                lowering success in the programs, for special 
                populations;
                    ``(B) provide programs that are designed to enable 
                the special populations to meet the local adjusted 
                levels of performance; and
                    ``(C) provide activities to prepare special 
                populations, including single parents and displaced 
                homemakers, for high skill, high wage, or high demand 
                occupations that will lead to self-sufficiency;
            ``(9) describe how individuals who are members of special 
        populations will not be discriminated against on the basis of 
        their status as members of the special populations;
            ``(10) describe how funds will be used to promote 
        preparation for non-traditional fields;
            ``(11) describe how career guidance and academic counseling 
        will be provided to career and technical education students,

[[Page 120 STAT. 734]]

        including linkages to future education and training 
        opportunities; and
            ``(12) describe efforts to improve--
                    ``(A) the recruitment and retention of career and 
                technical education teachers, faculty, and career 
                guidance and academic counselors, including individuals 
                in groups underrepresented in the teaching profession; 
                and
                    ``(B) the transition to teaching from business and 
                industry.

``SEC. 135. <<NOTE: 20 USC 2355.>> LOCAL USES OF FUNDS.

    ``(a) General Authority.--Each eligible recipient that receives 
funds under this part shall use such funds to improve career and 
technical education programs.
    ``(b) Requirements for Uses of Funds.--Funds made available to 
eligible recipients under this part shall be used to support career and 
technical education programs that--
            ``(1) strengthen the academic and career and technical 
        skills of students participating in career and technical 
        education programs, by strengthening the academic and career and 
        technical education components of such programs through the 
        integration of academics with career and technical education 
        programs through a coherent sequence of courses, such as career 
        and technical programs of study described in section 
        122(c)(1)(A), to ensure learning in--
                    ``(A) the core academic subjects (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965); and
                    ``(B) career and technical education subjects;
            ``(2) link career and technical education at the secondary 
        level and career and technical education at the postsecondary 
        level, including by offering the relevant elements of not less 
        than 1 career and technical program of study described in 
        section 122(c)(1)(A);
            ``(3) provide students with strong experience in and 
        understanding of all aspects of an industry, which may include 
        work-based learning experiences;
            ``(4) develop, improve, or expand the use of technology in 
        career and technical education, which may include--
                    ``(A) training of career and technical education 
                teachers, faculty, and administrators to use technology, 
                which may include distance learning;
                    ``(B) providing career and technical education 
                students with the academic and career and technical 
                skills (including the mathematics and science knowledge 
                that provides a strong basis for such skills) that lead 
                to entry into the technology fields; or
                    ``(C) encouraging schools to collaborate with 
                technology industries to offer voluntary internships and 
                mentoring programs, including programs that improve the 
                mathematics and science knowledge of students;
            ``(5) provide professional development programs that are 
        consistent with section 122 to secondary and postsecondary 
        teachers, faculty, administrators, and career guidance and 
        academic counselors who are involved in integrated career and 
        technical education programs, including--
                    ``(A) in-service and preservice training on--

[[Page 120 STAT. 735]]

                          ``(i) effective integration and use of 
                      challenging academic and career and technical 
                      education provided jointly with academic teachers 
                      to the extent practicable;
                          ``(ii) effective teaching skills based on 
                      research that includes promising practices;
                          ``(iii) effective practices to improve 
                      parental and community involvement; and
                          ``(iv) effective use of scientifically based 
                      research and data to improve instruction;
                    ``(B) support of education programs for teachers of 
                career and technical education in public schools and 
                other public school personnel who are involved in the 
                direct delivery of educational services to career and 
                technical education students, to ensure that such 
                teachers and personnel stay current with all aspects of 
                an industry;
                    ``(C) internship programs that provide relevant 
                business experience; and
                    ``(D) programs designed to train teachers 
                specifically in the effective use and application of 
                technology to improve instruction;
            ``(6) develop and implement evaluations of the career and 
        technical education programs carried out with funds under this 
        title, including an assessment of how the needs of special 
        populations are being met;
            ``(7) initiate, improve, expand, and modernize quality 
        career and technical education programs, including relevant 
        technology;
            ``(8) provide services and activities that are of sufficient 
        size, scope, and quality to be effective; and
            ``(9) provide activities to prepare special populations, 
        including single parents and displaced homemakers who are 
        enrolled in career and technical education programs, for high 
        skill, high wage, or high demand occupations that will lead to 
        self-sufficiency.

    ``(c) Permissive.--Funds made available to an eligible recipient 
under this title may be used--
            ``(1) to involve parents, businesses, and labor 
        organizations as appropriate, in the design, implementation, and 
        evaluation of career and technical education programs authorized 
        under this title, including establishing effective programs and 
        procedures to enable informed and effective participation in 
        such programs;
            ``(2) to provide career guidance and academic counseling, 
        which may include information described in section 118, for 
        students participating in career and technical education 
        programs, that--
                    ``(A) improves graduation rates and provides 
                information on postsecondary and career options, 
                including baccalaureate degree programs, for secondary 
                students, which activities may include the use of 
                graduation and career plans; and
                    ``(B) provides assistance for postsecondary 
                students, including for adult students who are changing 
                careers or updating skills;
            ``(3) for local education and business (including small 
        business) partnerships, including for--

[[Page 120 STAT. 736]]

                    ``(A) work-related experiences for students, such as 
                internships, cooperative education, school-based 
                enterprises, entrepreneurship, and job shadowing that 
                are related to career and technical education programs;
                    ``(B) adjunct faculty arrangements for qualified 
                industry professionals; and
                    ``(C) industry experience for teachers and faculty;
            ``(4) to provide programs for special populations;
            ``(5) to assist career and technical student organizations;
            ``(6) for mentoring and support services;
            ``(7) for leasing, purchasing, upgrading or adapting 
        equipment, including instructional aids and publications 
        (including support for library resources) designed to strengthen 
        and support academic and technical skill achievement;
            ``(8) for teacher preparation programs that address the 
        integration of academic and career and technical education and 
        that assist individuals who are interested in becoming career 
        and technical education teachers and faculty, including 
        individuals with experience in business and industry;
            ``(9) to develop and expand postsecondary program offerings 
        at times and in formats that are accessible for students, 
        including working students, including through the use of 
        distance education;
            ``(10) to develop initiatives that facilitate the transition 
        of subbaccalaureate career and technical education students into 
        baccalaureate degree programs, including--
                    ``(A) articulation agreements between sub-
                baccalaureate degree granting career and technical 
                education postsecondary educational institutions and 
                baccalaureate degree granting postsecondary educational 
                institutions;
                    ``(B) postsecondary dual and concurrent enrollment 
                programs;
                    ``(C) academic and financial aid counseling for sub-
                baccalaureate career and technical education students 
                that informs the students of the opportunities for 
                pursuing a baccalaureate degree and advises the students 
                on how to meet any transfer requirements; and
                    ``(D) other initiatives--
                          ``(i) to encourage the pursuit of a 
                      baccalaureate degree; and
                          ``(ii) to overcome barriers to enrollment in 
                      and completion of baccalaureate degree programs, 
                      including geographic and other barriers affecting 
                      rural students and special populations;
            ``(11) to provide activities to support entrepreneurship 
        education and training;
            ``(12) for improving or developing new career and technical 
        education courses, including the development of new proposed 
        career and technical programs of study for consideration by the 
        eligible agency and courses that prepare individuals 
        academically and technically for high skill, high wage, or high 
        demand occupations and dual or concurrent enrollment 
        opportunities by which career and technical education students 
        at the secondary level could obtain postsecondary credit to 
        count towards an associate or baccalaureate degree;
            ``(13) to develop and support small, personalized career-
        themed learning communities;

[[Page 120 STAT. 737]]

            ``(14) to provide support for family and consumer sciences 
        programs;
            ``(15) to provide career and technical education programs 
        for adults and school dropouts to complete the secondary school 
        education, or upgrade the technical skills, of the adults and 
        school dropouts;
            ``(16) to provide assistance to individuals who have 
        participated in services and activities under this Act in 
        continuing their education or training or finding an appropriate 
        job, such as through referral to the system established under 
        section 121 of Public Law 105-220 (29 U.S.C. 2801 et seq.);
            ``(17) to support training and activities (such as mentoring 
        and outreach) in non-traditional fields;
            ``(18) to provide support for training programs in 
        automotive technologies;
            ``(19) to pool a portion of such funds with a portion of 
        funds available to not less than 1 other eligible recipient for 
        innovative initiatives, which may include--
                    ``(A) improving the initial preparation and 
                professional development of career and technical 
                education teachers, faculty, administrators, and 
                counselors;
                    ``(B) establishing, enhancing, or supporting systems 
                for--
                          ``(i) accountability data collection under 
                      this Act; or
                          ``(ii) reporting data under this Act;
                    ``(C) implementing career and technical programs of 
                study described in section 122(c)(1)(A); or
                    ``(D) implementing technical assessments; and
            ``(20) to support other career and technical education 
        activities that are consistent with the purpose of this Act.

    ``(d) Administrative Costs.--Each eligible recipient receiving funds 
under this part shall not use more than 5 percent of the funds for 
administrative costs associated with the administration of activities 
assisted under this section.

                     ``TITLE II--TECH PREP EDUCATION

``SEC. 201. <<NOTE: 20 USC 2371.>> STATE ALLOTMENT AND APPLICATION.

    ``(a) In General.--For any fiscal year, the Secretary shall allot 
the amount made available under section 206 among the States in the same 
manner as funds are allotted to States under paragraph (2) of section 
111(a).
    ``(b) Payments to Eligible Agencies.--The Secretary shall make a 
payment in the amount of a State's allotment under subsection (a) to the 
eligible agency that serves the State and has an application approved 
under subsection (c).
    ``(c) State Application.--Each eligible agency desiring an allotment 
under this title shall submit, as part of its State plan under section 
122, an application that--
            ``(1) describes how activities under this title will be 
        coordinated, to the extent practicable, with activities 
        described in the State plan submitted under section 122; and
            ``(2) contains such information as the Secretary may 
        require.

[[Page 120 STAT. 738]]

``SEC. 202. <<NOTE: 20 USC 2372.>> CONSOLIDATION OF FUNDS.

    ``(a) In General.--An eligible agency receiving an allotment under 
sections 111 and 201 may choose to consolidate all, or a portion of, 
funds received under section 201 with funds received under section 111 
in order to carry out the activities described in the State plan 
submitted under section 122.
    ``(b) Notification Requirement.--Each eligible agency that chooses 
to consolidate funds under this section shall notify the Secretary, in 
the State plan submitted under section 122, of the eligible agency's 
decision to consolidate funds under this section.
    ``(c) Treatment of Consolidated Funds.--Funds consolidated under 
this section shall be considered as funds allotted under section 111 and 
shall be distributed in accordance with section 112.

``SEC. 203. <<NOTE: 20 USC 2373.>> TECH PREP PROGRAM.

    ``(a) Grant Program Authorized.--
            ``(1) In general.--From amounts made available to each 
        eligible agency under section 201, the eligible agency, in 
        accordance with the provisions of this title, shall award 
        grants, on a competitive basis or on the basis of a formula 
        determined by the eligible agency, for tech prep programs 
        described in subsection (c). The grants shall be awarded to 
        consortia between or among--
                    ``(A) a local educational agency, an intermediate 
                educational agency, educational service agency, or area 
                career and technical education school, serving secondary 
                school students, or a secondary school funded by the 
                Bureau of Indian Affairs; and
                    ``(B)(i) a nonprofit institution of higher education 
                that--
                          ``(I)(aa) offers a 2-year associate degree 
                      program or a 2-year certificate program; and
                          ``(bb) is qualified as an institution of 
                      higher education pursuant to section 102 of the 
                      Higher Education Act of 1965, including--
                                    ``(AA) an institution receiving 
                                assistance under the Tribally Controlled 
                                College or University Assistance Act of 
                                1978 (25 U.S.C. 1801 et seq.); and
                                    ``(BB) a tribally controlled 
                                postsecondary career and technical 
                                institution; or
                          ``(II) offers a 2-year apprenticeship program 
                      that follows secondary education instruction,
                if such nonprofit institution of higher education is not 
                prohibited from receiving assistance under part B of 
                title IV of the Higher Education Act of 1965 pursuant to 
                the provisions of section 435(a)(2) of such Act; or
                    ``(ii) a proprietary institution of higher education 
                that offers a 2-year associate degree program and is 
                qualified as an institution of higher education pursuant 
                to section 102 of the Higher Education Act of 1965, if 
                such proprietary institution of higher education is not 
                subject to a default management plan required by the 
                Secretary.
            ``(2) Special rule.--In addition, a consortium described in 
        paragraph (1) may include 1 or more--
                    ``(A) institutions of higher education that award a 
                baccalaureate degree; and

[[Page 120 STAT. 739]]

                    ``(B) employers (including small businesses), 
                business intermediaries, or labor organizations.

    ``(b) Duration.--Each consortium receiving a grant under this title 
shall use amounts provided under the grant to develop and operate a 4- 
or 6-year tech prep program described in subsection (c).
    ``(c) Contents of Tech Prep Program.--Each tech prep program shall--
            ``(1) be carried out under an articulation agreement between 
        the participants in the consortium;
            ``(2) consist of a program of study that--
                    ``(A) combines--
                          ``(i) a minimum of 2 years of secondary 
                      education (as determined under State law); with
                          ``(ii)(I) a minimum of 2 years of 
                      postsecondary education in a nonduplicative, 
                      sequential course of study; or
                          ``(II) an apprenticeship program of not less 
                      than 2 years following secondary education 
                      instruction; and
                    ``(B) integrates academic and career and technical 
                education instruction, and utilizes work-based and 
                worksite learning experiences where appropriate and 
                available;
                    ``(C) provides technical preparation in a career 
                field, including high skill, high wage, or high demand 
                occupations;
                    ``(D) builds student competence in technical skills 
                and in core academic subjects (as defined in section 
                9101 of the Elementary and Secondary Education Act of 
                1965), as appropriate, through applied, contextual, and 
                integrated instruction, in a coherent sequence of 
                courses;
                    ``(E) leads to technical skill proficiency, an 
                industry-recognized credential, a certificate, or a 
                degree, in a specific career field;
                    ``(F) leads to placement in high skill or high wage 
                employment, or to further education; and
                    ``(G) utilizes career and technical education 
                programs of study, to the extent practicable;
            ``(3) include the development of tech prep programs for 
        secondary education and postsecondary education that--
                    ``(A) meet academic standards developed by the 
                State;
                    ``(B) link secondary schools and 2-year 
                postsecondary institutions, and if possible and 
                practicable, 4-year institutions of higher education, 
                through--
                          ``(i) nonduplicative sequences of courses in 
                      career fields;
                          ``(ii) the use of articulation agreements; and
                          ``(iii) the investigation of opportunities for 
                      tech prep secondary education students to enroll 
                      concurrently in secondary education and 
                      postsecondary education coursework;
                    ``(C) use, if appropriate and available, work-based 
                or worksite learning experiences in conjunction with 
                business and all aspects of an industry; and
                    ``(D) use educational technology and distance 
                learning, as appropriate, to involve all the 
                participants in the consortium more fully in the 
                development and operation of programs;

[[Page 120 STAT. 740]]

            ``(4) include in-service professional development for 
        teachers, faculty, and administrators that--
                    ``(A) supports effective implementation of tech prep 
                programs;
                    ``(B) supports joint training in the tech prep 
                consortium;
                    ``(C) supports the needs, expectations, and methods 
                of business and all aspects of an industry;
                    ``(D) supports the use of contextual and applied 
                curricula, instruction, and assessment;
                    ``(E) supports the use and application of 
                technology; and
                    ``(F) assists in accessing and utilizing data, 
                information available pursuant to section 118, and 
                information on student achievement, including 
                assessments;
            ``(5) include professional development programs for 
        counselors designed to enable counselors to more effectively--
                    ``(A) provide information to students regarding tech 
                prep programs;
                    ``(B) support student progress in completing tech 
                prep programs, which may include the use of graduation 
                and career plans;
                    ``(C) provide information on related employment 
                opportunities;
                    ``(D) ensure that students are placed in appropriate 
                employment or further postsecondary education;
                    ``(E) stay current with the needs, expectations, and 
                methods of business and all aspects of an industry; and
                    ``(F) provide comprehensive career guidance and 
                academic counseling to participating students, including 
                special populations;
            ``(6) provide equal access, to the full range of technical 
        preparation programs (including preapprenticeship programs), to 
        individuals who are members of special populations, including 
        the development of tech prep program services appropriate to the 
        needs of special populations;
            ``(7) provide for preparatory services that assist 
        participants in tech prep programs; and
            ``(8) coordinate with activities conducted under title I.

    ``(d) Additional Authorized Activities.--Each tech prep program 
may--
            ``(1) provide for the acquisition of tech prep program 
        equipment;
            ``(2) acquire technical assistance from State or local 
        entities that have designed, established, and operated tech prep 
        programs that have effectively used educational technology and 
        distance learning in the delivery of curricula and services;
            ``(3) establish articulation agreements with institutions of 
        higher education, labor organizations, or businesses located 
        inside or outside the State and served by the consortium, 
        especially with regard to using distance learning and 
        educational technology to provide for the delivery of services 
        and programs;
            ``(4) improve career guidance and academic counseling for 
        participating students through the development and 
        implementation of graduation and career plans; and
            ``(5) develop curriculum that supports effective transitions 
        between secondary and postsecondary career and technical 
        education programs.

[[Page 120 STAT. 741]]

    ``(e) Indicators of Performance and Accountability.--
            ``(1) In general.--Each <<NOTE: Reports.>> consortium shall 
        establish and report to the eligible agency indicators of 
        performance for each tech prep program for which the consortium 
        receives a grant under this title. The indicators of performance 
        shall include the following:
                    ``(A) The number of secondary education tech prep 
                students and postsecondary education tech prep students 
                served.
                    ``(B) The number and percent of secondary education 
                tech prep students enrolled in the tech prep program 
                who--
                          ``(i) enroll in postsecondary education;
                          ``(ii) enroll in postsecondary education in 
                      the same field or major as the secondary education 
                      tech prep students were enrolled at the secondary 
                      level;
                          ``(iii) complete a State or industry-
                      recognized certification or licensure;
                          ``(iv) successfully complete, as a secondary 
                      school student, courses that award postsecondary 
                      credit at the secondary level; and
                          ``(v) enroll in remedial mathematics, writing, 
                      or reading courses upon entering postsecondary 
                      education.
                    ``(C) The number and percent of postsecondary 
                education tech prep students who--
                          ``(i) are placed in a related field of 
                      employment not later than 12 months after 
                      graduation from the tech prep program;
                          ``(ii) complete a State or industry-recognized 
                      certification or licensure;
                          ``(iii) complete a 2-year degree or 
                      certificate program within the normal time for 
                      completion of such program; and
                          ``(iv) complete a baccalaureate degree program 
                      within the normal time for completion of such 
                      program.
            ``(2) Number and percent.--For purposes of subparagraphs (B) 
        and (C) of paragraph (1), the numbers and percentages shall be 
        determined separately with respect to each clause of each such 
        subparagraph.

``SEC. 204. <<NOTE: 20 USC 2374.>> CONSORTIUM APPLICATIONS.

    ``(a) In General.--Each consortium that desires to receive a grant 
under this title shall submit an application to the eligible agency at 
such time and in such manner as the eligible agency shall require.
    ``(b) Plan.--Each application submitted under this section shall 
contain a 6-year plan for the development and implementation of tech 
prep programs under this title, which plan shall be reviewed after the 
second year of the plan.
    ``(c) Approval.--The eligible agency shall approve applications 
under this title based on the potential of the activities described in 
the application to create an effective tech prep program.
    ``(d) Special Consideration.--The eligible agency, as appropriate, 
shall give special consideration to applications that--
            ``(1) provide for effective employment placement activities 
        or the transfer of students to baccalaureate or advanced degree 
        programs;

[[Page 120 STAT. 742]]

            ``(2) are developed in consultation with business, industry, 
        institutions of higher education, and labor organizations;
            ``(3) address effectively the issues of school dropout 
        prevention and reentry, and the needs of special populations;
            ``(4) provide education and training in an area or skill, 
        including an emerging technology, in which there is a 
        significant workforce shortage based on the data provided by the 
        eligible entity in the State under section 118;
            ``(5) demonstrate how tech prep programs will help students 
        meet high academic and employability competencies; and
            ``(6) demonstrate success in, or provide assurances of, 
        coordination and integration with eligible recipients described 
        in part C of title I.

    ``(e) Performance Levels.--
            ``(1) In general.--Each consortium receiving a grant under 
        this title shall enter into an agreement with the eligible 
        agency to meet a minimum level of performance for each of the 
        performance indicators described in sections 113(b) and 203(e).
            ``(2) Resubmission of application; termination of funds.--An 
        eligible agency--
                    ``(A) shall require consortia that do not meet the 
                performance levels described in paragraph (1) for 3 
                consecutive years to resubmit an application to the 
                eligible agency for a tech prep program grant; and
                    ``(B) may choose to terminate the funding for the 
                tech prep program for a consortium that does not meet 
                the performance levels described in paragraph (1) for 3 
                consecutive years, including when the grants are made on 
                the basis of a formula determined by the eligible 
                agency.

    ``(f) Equitable Distribution of Assistance.--In awarding grants 
under this title, the eligible agency shall ensure an equitable 
distribution of assistance between or among urban and rural participants 
in the consortium.

``SEC. 205. <<NOTE: 20 USC 2375.>> REPORT.

    ``Each eligible agency that receives an allotment under this title 
annually shall prepare and submit to the Secretary a report on the 
effectiveness of the tech prep programs assisted under this title, 
including a description of how grants were awarded within the State.

``SEC. 206. <<NOTE: 20 USC 2376.>> AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2007 and each of the 5 
succeeding fiscal years.

                     ``TITLE III--GENERAL PROVISIONS

               ``PART A--FEDERAL ADMINISTRATIVE PROVISIONS

``SEC. 311. <<NOTE: 20 USC 2391.>> FISCAL REQUIREMENTS.

    ``(a) Supplement Not Supplant.--Funds made available under this Act 
for career and technical education activities shall supplement, and 
shall not supplant, non-Federal funds expended to carry out career and 
technical education activities and tech prep program activities.

[[Page 120 STAT. 743]]

    ``(b) Maintenance of Effort.--
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no payments shall be made 
                under this Act for any fiscal year to a State for career 
                and technical education programs or tech prep programs 
                unless the Secretary determines that the fiscal effort 
                per student or the aggregate expenditures of such State 
                for career and technical education programs for the 
                fiscal year preceding the fiscal year for which the 
                determination is made, equaled or exceeded such effort 
                or expenditures for career and technical education 
                programs for the second fiscal year preceding the fiscal 
                year for which the determination is made.
                    ``(B) Computation.--In computing the fiscal effort 
                or aggregate expenditures pursuant to subparagraph (A), 
                the Secretary shall exclude capital expenditures, 
                special 1-time project costs, and the cost of pilot 
                programs.
                    ``(C) Decrease in federal support.--If the amount 
                made available for career and technical education 
                programs under this Act for a fiscal year is less than 
                the amount made available for career and technical 
                education programs under this Act for the preceding 
                fiscal year, then the fiscal effort per student or the 
                aggregate expenditures of a State required by 
                subparagraph (A) for the preceding fiscal year shall be 
                decreased by the same percentage as the percentage 
                decrease in the amount so made available.
            ``(2) Waiver.--The Secretary may waive the requirements of 
        this section, with respect to not more than 5 percent of 
        expenditures by any eligible agency for 1 fiscal year only, on 
        making a determination that such waiver would be equitable due 
        to exceptional or uncontrollable circumstances affecting the 
        ability of the eligible agency 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 or aggregate expenditures required under this section for 
        years subsequent to the year covered by such waiver. The fiscal 
        effort or aggregate expenditures for the subsequent years shall 
        be computed on the basis of the level of funding that would, but 
        for such waiver, have been required.

``SEC. 312. <<NOTE: 20 USC 2392.>> AUTHORITY TO MAKE PAYMENTS.

    ``Any authority to make payments or to enter into contracts under 
this Act shall be available only to such extent or in such amounts as 
are provided in advance in appropriation Acts.

``SEC. 313. <<NOTE: 20 USC 2393.>> CONSTRUCTION.

    ``Nothing in this Act shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of a 
private, religious, or home school, regardless of whether a home school 
is treated as a private school or home school under State law. This 
section shall not be construed to bar students attending private, 
religious, or home schools from participation in programs or services 
under this Act.

``SEC. 314. <<NOTE: 20 USC 2394.>> VOLUNTARY SELECTION AND 
            PARTICIPATION.

    ``No funds made available under this Act shall be used--

[[Page 120 STAT. 744]]

            ``(1) to require any secondary school student to choose or 
        pursue a specific career path or major; or
            ``(2) to mandate that any individual participate in a career 
        and technical education program, including a career and 
        technical education program that requires the attainment of a 
        federally funded skill level, standard, or certificate of 
        mastery.

``SEC. 315. <<NOTE: 20 USC 2395.>> LIMITATION FOR CERTAIN STUDENTS.

    ``No funds received under this Act may be used to provide career and 
technical education programs to students prior to the seventh grade, 
except that equipment and facilities purchased with funds under this Act 
may be used by such students.

``SEC. 316. <<NOTE: 20 USC 2396.>> FEDERAL LAWS GUARANTEEING CIVIL 
            RIGHTS.

    ``Nothing in this Act shall be construed to be inconsistent with 
applicable Federal law prohibiting discrimination on the basis of race, 
color, sex, national origin, age, or disability in the provision of 
Federal programs or services.

``SEC. 317. <<NOTE: 20 USC 2397.>> PARTICIPATION OF PRIVATE SCHOOL 
            PERSONNEL AND CHILDREN.

    ``(a) Personnel.--An eligible agency or eligible recipient that uses 
funds under this Act for in-service and preservice career and technical 
education professional development programs for career and technical 
education teachers, administrators, and other personnel shall, to the 
extent practicable, upon written request, permit the participation in 
such programs of career and technical education secondary school 
teachers, administrators, and other personnel in nonprofit private 
schools offering career and technical secondary education programs 
located in the geographical area served by such eligible agency or 
eligible recipient.
    ``(b) Student Participation.--
            ``(1) Student participation.--Except as prohibited by State 
        or local law, an eligible recipient may, upon written request, 
        use funds made available under this Act to provide for the 
        meaningful participation, in career and technical education 
        programs and activities receiving funding under this Act, of 
        secondary school students attending nonprofit private schools 
        who reside in the geographical area served by the eligible 
        recipient.
            ``(2) Consultation.--An eligible recipient shall consult, 
        upon written request, in a timely and meaningful manner with 
        representatives of nonprofit private schools in the geographical 
        area served by the eligible recipient described in paragraph (1) 
        regarding the meaningful participation, in career and technical 
        education programs and activities receiving funding under this 
        Act, of secondary school students attending nonprofit private 
        schools.

``SEC. 318. <<NOTE: 20 USC 2398.>> LIMITATION ON FEDERAL REGULATIONS.

    ``The Secretary may issue regulations under this Act only to the 
extent necessary to administer and ensure compliance with the specific 
requirements of this Act.

[[Page 120 STAT. 745]]

                ``PART B--STATE ADMINISTRATIVE PROVISIONS

``SEC. 321. <<NOTE: 20 USC 2411.>> JOINT FUNDING.

    ``(a) General Authority.--Funds made available to eligible agencies 
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 are used to supplement, and not supplant, 
        funds provided from non-Federal sources.

    ``(b) Applicable Program.--For <<NOTE: Definition.>> the purposes of 
this section, the term `applicable program' means any program under any 
of the following provisions of law:
            ``(1) Chapters 4 and 5 of subtitle B of title I of Public 
        Law 105-220.
            ``(2) The Wagner-Peyser Act.

    ``(c) Use of Funds as Matching Funds.--For <<NOTE: Definition.>> the 
purposes of this section, the term `additional funds' does not include 
funds used as matching funds.

``SEC. 322. <<NOTE: 20 USC 2412.>> 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 one State to another State if such relocation 
will 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. 323. <<NOTE: 20 USC 2413.>> STATE ADMINISTRATIVE COSTS.

    ``(a) General Rule.--Except as provided in subsection (b), for each 
fiscal year for which an eligible agency receives assistance under this 
Act, the eligible agency shall provide, from non-Federal sources for the 
costs the eligible agency incurs for the administration of programs 
under this Act, an amount that is not less than the amount provided by 
the eligible agency from non-Federal sources for such costs for the 
preceding fiscal year.
    ``(b) Exception.--If the amount made available from Federal sources 
for the administration of programs under this Act for a fiscal year 
(referred to in this section as the `determination year') is less than 
the amount made available from Federal sources for the administration of 
programs under this Act for the preceding fiscal year, then the amount 
the eligible agency is required to provide from non-Federal sources for 
costs the eligible agency incurs for the administration of programs 
under this Act for the determination year under subsection (a) shall 
bear the same ratio to the amount the eligible agency provided from non-
Federal sources for such costs for the preceding fiscal year, as the 
amount made available from Federal sources for the administration of 
programs under this Act for the determination year bears to the amount 
made available from Federal sources for the administration of programs 
under this Act for the preceding fiscal year.

[[Page 120 STAT. 746]]

``SEC. 324. <<NOTE: 20 USC 2414.>> 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 
        an academic workload as determined by the institution, and 
        including costs for rental or purchase of any equipment, 
        materials, or supplies required of all students in that 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.

    ``(c) Costs of Career and Technical Education Services.--Funds made 
available under this Act may be used to pay for the costs of career and 
technical education services required in an individualized education 
program developed pursuant to section 614(d) of the Individuals with 
Disabilities Education Act and services necessary to meet the 
requirements of section 504 of the Rehabilitation Act of 1973 with 
respect to ensuring equal access to career and technical education.''.

SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.

    (a) Immigration and Nationality Act.--Section 245A(h)(4)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) is amended by 
striking ``Carl D. Perkins Vocational and Technical Education Act of 
1998'' and inserting ``The Carl D. Perkins Career and Technical 
Education Act of 2006''.
    (b) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C. 2101 et 
seq.) is amended--
            (1) in section 231(c)(1)(F) (19 U.S.C. 2291(c)(1)(F))--
                    (A) by striking ``area vocational education 
                schools'' and inserting ``area career and technical 
                education schools''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Technical Education Act of 1998'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006''; 
                and
            (2) in section 236(a)(1)(D) (19 U.S.C. 2296(a)(1)(D)), by 
        striking ``area vocational'' and all that follows through ``Act 
        of 1963'' and inserting ``area career and technical education 
        schools, as defined in section 3 of the Carl D. Perkins Career 
        and Technical Education Act of 2006''.

    (c) Higher Education Act of 1965.--The Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) is amended--
            (1) in section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A))--
                    (A) by striking ``section 521(4)(C)'' and inserting 
                ``section 3(3)(C)''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Applied Technology Education Act'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006''; 
                and
            (2) in section 484(l)(1)(B)(i) (20 U.S.C. 1091(l)(1)(B)(i)), 
        by striking ``section 521(4)(C) of the Carl D. Perkins 
        Vocational

[[Page 120 STAT. 747]]

        and Technical Education Act of 1998'' and inserting ``section 
        3(C) of the Carl D. Perkins Career and Technical Education Act 
        of 2006''.

    (d) Education for Economic Security Act.--Section 3(1) of the 
Education for Economic Security Act (20 U.S.C. 3902(1)) is amended--
            (1) by striking ``area vocational education school'' and 
        inserting ``area career and technical education school''; and
            (2) by striking ``section 521(3) of the Carl D. Perkins 
        Vocational Educational Act..'' and inserting ``section 3(3) of 
        the Carl D. Perkins Career and Technical Education Act of 
        2006.''.

    (e) Education Flexibility Partnership Act of 1999.--Section 4(b)(2) 
of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 
5891b(b)(2)) is amended by striking ``Carl D. Perkins Vocational and 
Technical Education Act of 1998'' and inserting ``Carl D. Perkins Career 
and Technical Education Act of 2006''.
    (f) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is 
amended--
            (1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)), by 
        striking ``Carl D. Perkins Vocational and Technical Education 
        Act of 1998'' and inserting ``Carl D. Perkins Career and 
        Technical Education Act of 2006'';
            (2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)), by 
        striking ``Carl D. Perkins Vocational and Technical Education 
        Act of 1998'' and inserting ``Carl D. Perkins Career and 
        Technical Education Act of 2006'';
            (3) in section 1114(b)(2)(B)(v) (20 U.S.C. 
        6314(b)(2)(B)(v)), by striking ``Carl D. Perkins Vocational and 
        Technical Education Act of 1998'' and inserting ``the Carl D. 
        Perkins Career and Technical Education Act of 2006''; and
            (4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)), by 
        striking ``Carl D. Perkins Vocational and Technical Education 
        Act of 1998'' and inserting ``Carl D. Perkins Career and 
        Technical Education Act of 2006''.

    (g) Wagner-Peyser Act.--Section 15(f) of the Wagner-Peyser Act (29 
U.S.C. 49l-2(f)) is amended by striking ``Carl D. Perkins Vocational and 
Applied Technology Education Act'' and inserting ``Carl D. Perkins 
Career and Technical Education Act of 2006''.
    (h) Public Law 105-220.--Public Law 105-220 is amended--
            (1) in section 101(3) (29 U.S.C. 2801(3))--
                    (A) by striking ``given the term'' and inserting 
                ``given the term `area career and technical education 
                school' ''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Technical Education Act of 1998'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006'';
            (2) in section 101(50) (29 U.S.C. 2801(50)), by striking 
        ``given'' and all that follows through the period at the end and 
        inserting ``given the term `career and technical education' in 
        section 3 of the Carl D. Perkins Career and Technical Education 
        Act of 2006.'';
            (3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by striking 
        ``section 113(b)(14) of the Carl D. Perkins Vocational and 
        Applied Technology Education Act'' and inserting ``section 
        113(b)(3) of the Carl D. Perkins Career and Technical Education 
        Act of 2006'';

[[Page 120 STAT. 748]]

            (4) in section 112(b)(8)(A)(iii) (29 U.S.C. 
        2822(b)(8)(A)(iii))--
                    (A) by striking ``postsecondary vocational education 
                activities'' and inserting ``career and technical 
                education activities at the postsecondary level''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Applied Technology Education Act'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006'';
            (5) in section 121(b)(1)(B)(vii) (29 U.S.C. 
        2841(b)(1)(B)(vii))--
                    (A) by striking ``postsecondary vocational education 
                activities'' and inserting ``career and technical 
                education activities at the postsecondary level''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Applied Technology Education Act'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006'';
            (6) in section 134(d)(2)(F) (29 U.S.C. 2864(d)(2)(F)), by 
        striking ``postsecondary vocational'' and all that follows 
        through ``Education Act'' and inserting ``career and technical 
        education activities at the postsecondary level, and career and 
        technical education activities available to school dropouts, 
        under the Carl D. Perkins Career and Technical Education Act of 
        2006'';
            (7) in section 501(b)(2)(A) (20 U.S.C. 9271(b)(2)(A))--
                    (A) by striking ``secondary vocational education 
                programs'' and inserting ``career and technical 
                education programs at the secondary level''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Applied Technology Education Act'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006'';
            (8) in section 501(b)(2)(B) (20 U.S.C. 9271(b)(2)(B))--
                    (A) by striking ``postsecondary vocational education 
                programs'' and inserting ``career and technical 
                education programs at the postsecondary level''; and
                    (B) by striking ``Carl D. Perkins Vocational and 
                Applied Technology Education Act'' and inserting ``Carl 
                D. Perkins Career and Technical Education Act of 2006''; 
                and
            (9) in section 501(d)(2)(B) (20 U.S.C. 9271(d)(2)(B)), by 
        striking ``Carl D. Perkins Vocational and Applied Technology 
        Education Act'' and inserting ``Carl D. Perkins Career and 
        Technical Education Act of 2006''.

    (i) Title 31.--Section 6703(a)(12) of title 31, United States Code, 
is amended by striking ``Carl D. Perkins Vocational and Applied 
Technology Education Act'' and inserting ``Carl D. Perkins Career and 
Technical Education Act of 2006''.
    (j) Title 40.--Section 14507(a)(1)(A)(iv) of title 40, United States 
Code, is amended by striking ``Carl D. Perkins Vocational and Technical 
Education Act of 1998'' and inserting ``Carl D. Perkins Career and 
Technical Education Act of 2006''.
    (k) Older Americans Act of 1965.--The Older Americans Act of 1965 
(42 U.S.C. 3001 et seq.) is amended--
            (1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)), 
        by striking ``Carl D. Perkins Vocational and Technical Education 
        Act of 1998'' and inserting ``Carl D. Perkins Career and 
        Technical Education Act of 2006'';
            (2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), by 
        striking ``Carl D. Perkins Vocational and Technical Education 
        Act of 1998'' each place that term appears and inserting ``Carl 
        D. Perkins Career and Technical Education Act of 2006''; and

[[Page 120 STAT. 749]]

            (3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)), by 
        striking ``Vocational and Technical Education Act of 1998'' and 
        inserting ``Career and Technical Education Act of 2006''.

    (l) Compact of Free Association Amendments Act of 2003.--Section 
105(f)(1)(B)(iii) of the Compact of Free Association Amendments Act of 
2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is amended by striking ``Carl D. 
Perkins Vocational and Technical Education Act of 1998'' and inserting 
``Carl D. Perkins Career and Technical Education Act of 2006''.

    Approved August 12, 2006.

LEGISLATIVE HISTORY--S. 250 (H.R. 366):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-25 accompanying H.R. 366 (Comm. on Education and 
the Workforce) and 109-597 (Comm. of Conference).
SENATE REPORTS: No. 109-65 (Comm. on Health, Education, Labor, and 
Pensions).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    Mar. 10, considered and passed 
                                        Senate.
                                                        Vol. 152 (2006):
                                    July 12, considered and passed 
                                        House, amended, in lieu of H.R. 
                                        366.
                                    July 26, Senate agreed to conference 
                                        report.
                                    July 27, 28, House considered and 
                                        agreed to conference report.

                                  <all>