(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents in section 1(b) is amended by inserting after
the item relating to section 8 the following:
‘‘Sec. 9. Prohibitions.’’.
SEC. 7. ALLOTMENT AND ALLOCATION TO STATES.
(a) ALLOTMENT
FOR NATIONAL ACTIVITIES
FOR
2006.—Section 111(a)(1) (20 U.S.C. 2321(a)(1)) is
amended to read as follows:
‘‘(1) RESERVATIONS.—From the sum appro-
priated under section 8 for each fiscal year, the Sec-
retary shall reserve—
‘‘(A) 0.12 percent to carry out section 115;
‘‘(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); and
‘‘(C) 0.54 percent to carry out section
114(d).’’.
(b) MINIMUM ALLOTMENTS.—Section 111(a) (20
U.S.C. 2321(a)) is further amended—
(1) in paragraph (3), by striking ‘‘(or in the
case of fiscal year 1999’’ and all that follows
through ‘‘Amendments of 1998)’’ each place it ap-
pears and inserting ‘‘(or in the case of fiscal year
2006 only, under this section and under title II of
this Act, as such section and title were in effect on
the day before the date of enactment of the Voca-
tional and Technical Education for the Future
Act)’’; and
(2) by amending paragraph (4)(A) to read as
follows:
‘‘(A) IN GENERAL.—No State shall receive
an allotment under this section for a fiscal year
that is less than the allotment the State re-
ceived for fiscal year 2005 under this section
and under title II of this Act (as such section
and title were in effect on the day before the
date of enactment of the Vocational and Tech-
nical Education for the Future Act).’’.
(c) WITHIN STATE ALLOCATION.—Section 112 (20
U.S.C. 2322) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) ALLOCATION FORMULA.—From the amount al-
lotted to each State under section 111 for a fiscal year,
the State board (hereinafter referred to as the ‘eligible
agency’) shall allocate such amount as follows:
‘‘(1) Subject to paragraph (4), not less than 88
percent shall be made available for distribution
under section 131 or 132, of which the eligible agen-
cy shall first make available for the activities de-
scribed in section 135(b)(3) an amount equal to the
amount allotted in fiscal year 2005 to such eligible
agency under title II of this Act (as such title was
in effect on the day before the date of enactment of
the Vocational and Technical Education for the Fu-
ture Act), reduced by the percentage by which the
amount allotted to the State under section 111 for
the fiscal year is less than the amount allotted under
such section to such State for fiscal year 2005. Of
the remainder of the 88 percent, not more than 10
percent may be used in accordance with subsection
(c).
‘‘(2) Subject to paragraph (4), not more than
10 percent shall be made available 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 in-
stitutions, such as State correctional institu-
tions 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 nontraditional
fields.
‘‘(3) An amount equal to not more than 2 per-
cent, or $250,000, whichever is greater, shall be
made available for administration of the State plan,
which may be used for the costs of—
‘‘(A) developing the State plan;
‘‘(B) reviewing the local plan;
‘‘(C) monitoring and evaluating program
effectiveness;
‘‘(D) assuring compliance with all applica-
ble Federal laws; and
‘‘(E) providing technical assistance.
‘‘(4) If the amount allocated for any fiscal year
under paragraph (2) shall be less than the amount
allocated under such paragraph for fiscal year 2005,
additional amounts may be made available from the
amount allocated under paragraph (1) for the pur-
poses described in paragraph (2). If such additional
amounts are made available under this paragraph,
the percentage of the total amount allotted under
section 111 that is allocated for the purposes de-
scribed in paragraph (2) shall not exceed the per-
centage of the total amount allotted under section
111 for fiscal year 2005 that was allocated under
paragraph (2) for fiscal year 2005.’’; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (B), by striking
the semicolon and inserting ‘‘; and’’;
(ii) in subparagraph (C), by striking
‘‘; and’’ and inserting a period; and
(iii) by striking subparagraph (D);
and
(B) in paragraph (2), by striking ‘‘through
(D)’’ and inserting ‘‘through (C)’’.
SEC. 8. ACCOUNTABILITY.
(a) PURPOSE.—Section 113(a) (20 U.S.C. 2323(a))
is amended—
(1) by striking ‘‘establish a State’’ and insert-
ing ‘‘support a State and local’’; and
(2) by inserting ‘‘and its eligible recipients’’
after ‘‘effectiveness of the State’’.
(b) STATE
PERFORMANCE
MEASURES.—Section
113(b) (20 U.S.C. 2323(b)) is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through (E),
respectively;
(B) in subparagraph (A)—
(i) in the subparagraph heading, by
inserting ‘‘FOR
SECONDARY
STUDENTS’’
after ‘‘PERFORMANCE’’;
(ii) by inserting ‘‘of secondary stu-
dents that are, to the extent practicable,
valid and reliable and’’ after ‘‘indicators of
performance’’;
(iii) in clause (i), by striking ‘‘State
established academic,’’ and inserting ‘‘aca-
demic content and achievement standards,
as established by the State under section
1111(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
6311(b)(1)),’’;
(iv) in clause (ii)—
(I) by striking ‘‘or its recognized
equivalent,’’ and inserting ‘‘, General
Education 
Development 
credential
(GED), or other State-recognized
equivalent (including recognized alter-
native standards for individuals with
disabilities), or’’; and
(II) by striking ‘‘, or a postsec-
ondary degree or credential’’;
(v) by amending clause (iii) to read as
follows:
‘‘(iii) Student graduation rates (as de-
scribed in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))).’’;
(vi) by redesignating clause (iv) as
clause (v) and inserting after clause (iii)
the following:
‘‘(iv) Placement in postsecondary edu-
cation or advanced training, placement in
military service, or placement in employ-
ment.’’; and
(vii) in clause (v) (as so redesignated),
by striking ‘‘training and employment’’
and inserting ‘‘fields’’;
(C) by inserting after subparagraph (A)
the following:
‘‘(B) CORE INDICATORS OF PERFORMANCE
FOR POSTSECONDARY STUDENTS.—Each eligi-
ble agency shall identify in the State plan core
indicators of performance of postsecondary stu-
dents that are, to the extent practicable, valid
and reliable, and that include, at a minimum,
measures of each of the following:
‘‘(i) Student attainment of challenging
academic and vocational and technical skill
proficiencies.
‘‘(ii) Student retention in postsec-
ondary education, attainment of an asso-
ciate degree or postsecondary credential, or
transfer to a baccalaureate degree pro-
gram.
‘‘(iii) Placement in military service or
placement or retention in employment.
‘‘(iv) Student participation in and
completion of vocational and technical edu-
cation programs in nontraditional fields.’’;
(D) in subparagraph (C) (as so redesig-
nated), by striking ‘‘under the title’’ and insert-
ing ‘‘under this title’’; and
(E) in subparagraph (D) (as so redesig-
nated), by inserting ‘‘vocational and technical
education’’ after ‘‘has developed State’’; and
(2) in paragraph (3)—
(A) by amending the paragraph heading to
read as follows:
‘‘(3) STATE
LEVELS
OF
PERFORMANCE.—’’;
and
(B) in subparagraph (A)—
(i) in clause (i)—
(I) 
by 
striking 
‘‘paragraph
(2)(A)’’ and inserting ‘‘subparagraphs
(A) and (B) of paragraph (2)’’; and
(II) in subclause (II), by striking
‘‘to continually’’ and all that follows
through ‘‘performance’’, and inserting
‘‘to make continuous and substantial
improvement in the academic and vo-
cational and technical achievement’’;
(ii) by amending clause (v) to read as
follows:
‘‘(v) AGREEMENT
ON
STATE
AD-
JUSTED
LEVELS
OF
PERFORMANCE
FOR
SUBSEQUENT YEARS.—
‘‘(I) 3RD
AND
4TH
PROGRAM
YEARS.—Prior to the third program
year 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 perform-
ance for the third and fourth pro-
grams years covered by the State
plan, taking into account the factors
described in clause (vi).
‘‘(II) 5TH
AND
6TH
PROGRAM
YEARS.—Prior to the fifth program
year 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 perform-
ance for the fifth and sixth programs
years covered by the State plan, tak-
ing into account the factors described
in clause (vi).
‘‘(III) 
AGREEMENTS
INCOR-
PORATED
INTO
STATE
PLAN.—The
State adjusted levels of performance
agreed to under this clause shall be
considered the State adjusted levels of
performance for the State for such
years and shall be incorporated into
the State plan.’’;
(iii) in clause (vi)(II), by inserting
‘‘and substantial’’ after ‘‘continuous’’; and
(iv) in clause (vii)—
(I) by striking ‘‘clause (vi)(II)’’
and inserting ‘‘clause (vi)’’; and
(II) by striking ‘‘under clause
(iii) or (vi)’’ and inserting ‘‘under
clause (iii) or (v)’’.
(c) LOCAL
LEVELS
OF
PERFORMANCE.—Section
113(b) is further amended by adding at the end the fol-
lowing:
‘‘(4) LOCAL LEVELS OF PERFORMANCE.—
‘‘(A) LOCAL ADJUSTED LEVELS OF PER-
FORMANCE
FOR
CORE
INDICATORS
OF
PER-
FORMANCE.—
‘‘(i) IN GENERAL.—Each eligible re-
cipient shall establish in the local plan sub-
mitted under section 134, levels of per-
formance for each of the core indicators of
performance described in paragraph (2)(A)
and (B), as appropriate for the eligible re-
cipient, for vocational and technical edu-
cation 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 objec-
tive, quantifiable, and measurable;
and
‘‘(II) require the eligible recipient
to make continuous and substantial
improvement in the academic and vo-
cational and technical achievement of
vocational and technical education
students.
‘‘(ii) IDENTIFICATION IN THE LOCAL
PLAN.—Each eligible recipient shall iden-
tify, in the local plan submitted under sec-
tion 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
AD-
JUSTED
LEVELS
OF
PERFORMANCE
FOR
FIRST 2 YEARS.—The eligible agency and
each eligible recipient shall reach agree-
ment on the 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 level of performance for the eligi-
ble recipient for such years and shall be in-
corporated into the local plan prior to the
approval of such plan.
‘‘(iv) AGREEMENT
ON
LOCAL
AD-
JUSTED
LEVELS
OF
PERFORMANCE
FOR
SUBSEQUENT YEARS.—
‘‘(I) 3RD
AND
4TH
PROGRAM
YEARS.—Prior to the third program
year covered by the local plan, the eli-
gible agency and each eligible recipi-
ent shall reach agreement on the local
adjusted levels of performance for
each of the core indicators of perform-
ance for the third and fourth program
years covered by the local plan, taking
into account the factors described in
clause (v).
‘‘(II) 5TH
AND
6TH
PROGRAM
YEARS.—Prior to the fifth program
year covered by the local plan, the eli-
gible agency and each eligible recipi-
ent shall reach agreement on the local
adjusted levels of performance for
each of the core indicators of perform-
ance for the fifth and sixth program
years covered by the local plan, taking
into account the factors described in
clause (v).
‘‘(III) 
AGREEMENTS
INCOR-
PORATED
INTO
LOCAL
PLAN.—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 de-
scribed in clause (iii) or (iv) shall take into
account—
‘‘(I) how the levels of perform-
ance involved compare with the local
adjusted levels of performance estab-
lished for other eligible recipients tak-
ing 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 contin-
uous and substantial improvement on
the indicators of performance by such
eligible recipient.
‘‘(vi) REVISIONS.—If unanticipated
circumstances arise with respect to an eli-
gible 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 re-
vised. The eligible agency shall issue objec-
tive criteria and methods for making such
revisions.
‘‘(B) LEVELS OF PERFORMANCE FOR AD-
DITIONAL INDICATORS.—Each eligible recipient
may identify in the local plan, local levels of
performance for any additional indicators of
performance. 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 eli-
gible recipient that receives an allotment
under section 111 shall annually prepare
and submit to the eligible agency a report
regarding—
‘‘(I) the progress of such recipi-
ent in achieving the local adjusted lev-
els of performance on the core indica-
tors of performance; and
‘‘(II) in the case of an eligible re-
cipient that receives funds described
in section 112(a) for activities de-
scribed in section 135(b)(3), the
progress in achieving the local ad-
justed levels of performance on the
core indicators of performance with
respect to tech-prep program partici-
pants.
‘‘(ii) DATA.—Each eligible recipient
shall—
‘‘(I) disaggregate data for each
of the indicators of performance under
section 113(b)(2) for the categories of
students enumerated under section
1111(b)(2)(C)(v)(II) of the Elemen-
tary and Secondary Education Act of
1965 that are served under this Act;
and
‘‘(II) identify and quantify any
disparities or gaps in performance be-
tween any such category of students
and the performance of all students
served by the eligible recipient under
the Act.
‘‘(iii) RULES
FOR
REPORTING
OF
DATA.—The disaggregation of data under
clause (ii) shall be required except in a
case in which the number of students in a
category is insufficient to yield statistically
reliable information or in which the results
would reveal personally identifiable infor-
mation about an individual student.
‘‘(iv) AVAILABILITY.—The report de-
scribed in clause (i) shall be made available
to the public through a variety of formats,
including electronically through the Inter-
net.’’.
(d) STATE REPORT.—Section 113(c) (20 U.S.C.
2323(c)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively, and inserting
after paragraph (1) the following:
‘‘(2) DATA.—Each eligible agency under this
subsection shall—
‘‘(A) disaggregate data for each of the in-
dicators of performance under section 113(b)(2)
for the categories of students enumerated under
section 1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965 that are
served under this Act; and
‘‘(B) identify and quantify any disparities
or gaps in performance between any such cat-
egory of students and the performance of all
students served by the eligible agency under the
Act.
‘‘(3) RULES FOR REPORTING OF DATA.—The
disaggregation of data under paragraph (2) shall be
required except in a case in which the number of
students in a category is insufficient to yield statis-
tically reliable information or in which the results
would reveal personally identifiable information
about an individual student.’’; and
(2) in paragraph (4) (as so redesignated)—
(A) by striking ‘‘special populations’’ and
inserting ‘‘each of the populations described in
section 3(25) and the populations described in
section 1111(h)(1)(C)(i) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i))’’; and
(B) by striking ‘‘have made’’ and inserting
‘‘has made’’.
SEC. 9. NATIONAL ACTIVITIES.
(a) PROGRAM PERFORMANCE INFORMATION.—Sec-
tion 114(a)(3) (20 U.S.C. 2324(a)(3)) is amended by in-
serting ‘‘in the aggregate’’ after ‘‘international compari-
sons’’.
(b) EVALUATION AND ASSESSMENT.—Section 114(c)
(20 U.S.C. 2324(c)) is amended—
(1) by amending paragraph (2) to read as fol-
lows:
‘‘(2) INDEPENDENT
ADVISORY
PANEL.—The
Secretary shall appoint an independent advisory
panel, consisting of academic and vocational and
technical education educators, administrators, ex-
perts in evaluation, research, and assessment, rep-
resentatives of labor organizations, businesses, par-
ents, guidance and counseling professionals, and
other individuals with relevant expertise, to advise
the Secretary on the implementation of the assess-
ment described in paragraph (3), including the
issues to be addressed and the methodology of the
studies involved to ensure the assessment adheres to
the highest standards of quality. The advisory panel
shall transmit to the Secretary and to Congress an
independent analysis of the findings and rec-
ommendations resulting from such assessment. The
Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the panel established under this
subsection.’’;
(2) in paragraph (3)—
(A) in subparagraph (A), by inserting ‘‘the
implementation of the’’ after ‘‘and assessment
of’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘but shall not be lim-
ited to’’ after ‘‘paragraph (1) shall in-
clude’’;
(ii) by striking clauses (i), (ii), (iv),
and (vii) and redesignating clauses (iii),