```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 250 Enrolled Bill (ENR)]

        S.250

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
 To amend the Carl D. Perkins Vocational and Technical Education Act of 
                        1998 to improve the Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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) 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.
``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. 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 and 
    training programs, the knowledge and skills needed to keep the 
    United States competitive.

``SEC. 3. 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--
                ``(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 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--
            ``(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
            ``(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;
            ``(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. 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. 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. LIMITATION.

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

``SEC. 7. 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. 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 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. 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. 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 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 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 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. 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 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. 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.

``SEC. 113. 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).
                ``(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 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
                    ``(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 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.
                ``(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. 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
                    ``(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 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;
            ``(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. NATIONAL ACTIVITIES.

    ``(a) Program Performance Information.--
        ``(1) In general.--The 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 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
            ``(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;
                ``(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 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 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 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. 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
        ``(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. 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 section 7207 of the 
    Native Hawaiian Education Act (20 U.S.C. 7517).
    ``(b) Program Authorized.--
        ``(1) Authority.--From 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 
    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 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
        ``(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 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. 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.
    ``(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 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 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. 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) 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 
    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).
    ``(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. 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. STATE PLAN.

    ``(a) State Plan.--
        ``(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 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 
        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;
            ``(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 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;
        ``(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. IMPROVEMENT PLANS.

    ``(a) State Program Improvement.--
        ``(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 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. 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--
        ``(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 
            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;
        ``(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);
        ``(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. 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.
        ``(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 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 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. 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.
    ``(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. 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 
    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. 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 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;
            ``(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, 
    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. 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--
                ``(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--
            ``(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;
        ``(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. 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.

``SEC. 202. 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. 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
            ``(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;
        ``(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.
    ``(e) Indicators of Performance and Accountability.--
        ``(1) In general.--Each 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. 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;
        ``(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. 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. 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. 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.
    ``(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. 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. 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. VOLUNTARY SELECTION AND PARTICIPATION.

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

               ``PART B--STATE ADMINISTRATIVE PROVISIONS

``SEC. 321. 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 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 the purposes of this 
section, the term `additional funds' does not include funds used as 
matching funds.

``SEC. 322. 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. 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.

``SEC. 324. 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 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'';
        (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
        (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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```