[Congressional Record Volume 152, Number 90 (Wednesday, July 12, 2006)]
[House]
[Pages H5062-H5073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CARL D. PERKINS CAREER AND TECHNICAL EDUCATION IMPROVEMENT ACT OF 2005

  Mr. McKEON. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 250) to amend the Carl D. Perkins 
Vocational and Technical Education Act of 1998 to improve the Act, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                 S. 250

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Carl D. 
     Perkins Career and Technical Education Improvement Act of 
     2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Transition provisions.
Sec. 6. Limitation.
Sec. 7. Authorization of appropriations.

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

Sec. 101. Career and technical education assistance to the States.
Sec. 102. Reservations and State allotment.
Sec. 103. Within State allocation.
Sec. 104. Accountability.
Sec. 105. National activities.
Sec. 106. Assistance for the outlying areas.
Sec. 107. Native American program.
Sec. 108. Tribally controlled postsecondary career and technical 
              institutions.
Sec. 109. Occupational and employment information.
Sec. 110. State administration.
Sec. 111. State plan.
Sec. 112. Improvement plans.
Sec. 113. State leadership activities.
Sec. 114. Distribution of funds to secondary school programs.
Sec. 115. Distribution of funds for postsecondary career and technical 
              education programs.
Sec. 116. Special rules for career and technical education.
Sec. 117. Local plan for career and technical education programs.
Sec. 118. Local uses of funds.
Sec. 119. Tech-Prep education.

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Redesignation of title.
Sec. 202. Fiscal requirements.
Sec. 203. Voluntary selection and participation.
Sec. 204. Limitation for certain students.
Sec. 205. Authorization of Secretary; participation of private school 
              personnel.

[[Page H5063]]

Sec. 206. Student assistance and other Federal programs.
Sec. 207. Table of contents.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, wherever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).

     SEC. 3. PURPOSE.

       Section 2 (20 U.S.C. 2301) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in paragraph (1), by striking ``standards'' and 
     inserting ``and technical standards, and to assist students 
     in meeting such standards, including student academic 
     achievement standards, especially in preparation for high 
     skill, high wage, or high demand occupations in emerging or 
     established professions'';
       (3) in paragraph (2), by inserting ``challenging'' after 
     ``integrate'';
       (4) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (5) in paragraph (4)--
       (A) by inserting ``conducting and'' before ``disseminating 
     national'';
       (B) by inserting ``disseminating information on best 
     practices,'' after ``national research,''; and
       (C) by striking the period at the end and inserting a 
     semicolon; and
       (6) by adding at the end the following:
       ``(5) promoting leadership, initial preparation, and 
     professional development at the State and local levels, and 
     developing research and best practices for improving the 
     quality of career and technical education teachers, faculty, 
     principals, administrators, and counselors;
       ``(6) supporting partnerships among secondary schools, 
     postsecondary institutions, baccalaureate degree granting 
     institutions, area career technical centers, local workforce 
     investment boards, business and industry, professional 
     associations, and intermediaries; and
       ``(7) developing a highly skilled workforce needed to keep 
     America competitive in the global economy in conjunction with 
     other Federal education and training programs, including 
     workforce investment programs, that provide lifelong learning 
     for the workforce of today and tomorrow.''.

     SEC. 4. DEFINITIONS.

       Section 3 (20 U.S.C. 2302) is amended--
       (1) by striking paragraphs (29) and (30);
       (2) by redesignating paragraphs (5), (6), (7) through (12), 
     (13) through (16), (17) through (22), and (23) through (28), 
     as paragraphs (10), (12), (14) through (19), (21) through 
     (24), (26) through (31), and (33) through (38), respectively;
       (3) in paragraph (2), by inserting ``, including employment 
     statistics and information relating to national, regional, 
     and local labor market areas, as provided pursuant to section 
     118, and career ladder information, where appropriate'' after 
     ``to enter'';
       (4) in paragraph (3)--
       (A) in the paragraph heading, by striking ``Vocational'' 
     and inserting ``Career''; and
       (B) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (5) by striking paragraph (4) and inserting the following:
       ``(4) Articulation agreement.--The term `articulation 
     agreement' means a written commitment--
       ``(A) that is approved annually by the relevant 
     administrators of--
       ``(i) a secondary institution and a postsecondary 
     educational institution; or
       ``(ii) a sub-baccalaureate degree granting postsecondary 
     educational institution and a baccalaureate degree granting 
     postsecondary educational institution; and
       ``(B) to a program that is designed to provide students 
     with a nonduplicative sequence of progressive achievement 
     leading to technical skill proficiency, a credential, a 
     certificate, or a degree, and linked through credit transfer 
     agreements.'';
       (6) by inserting after paragraph (4) (as amended by 
     paragraph (5)) the following:
       ``(5) Career and technical education.--The term `career and 
     technical education' means organized educational activities 
     that--
       ``(A) offer a sequence of courses (which may include work-
     based learning experiences) that--
       ``(i) provides individuals with the challenging academic 
     and technical knowledge and skills the individuals need to 
     prepare for further education and for careers in emerging and 
     established professions; and
       ``(ii) may lead to technical skill proficiency, a 
     credential, a certificate, or a degree; 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, occupation-specific 
     skills, and knowledge of all aspects of an industry, 
     including entrepreneurship, of an individual.
       ``(6) Career and technical education student.--The term 
     `career and technical education student' means a student who 
     enrolls in a clearly defined sequence of career and technical 
     education courses (which may include work-based learning 
     experiences) leading to attainment of technical skill 
     proficiency, a credential, a certificate, or a degree.
       ``(7) 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.
       ``(8) Career guidance and academic counseling.--The term 
     `career guidance and academic counseling' means providing 
     access to information regarding career awareness and planning 
     with respect to an individual's occupational and academic 
     future that shall involve guidance and counseling with 
     respect to career options, including baccalaureate degree 
     programs, financial aid, and postsecondary options.
       ``(9) Career pathway.--The term `career pathway' means a 
     coordinated and nonduplicative sequence of courses (which may 
     include work-based learning experiences) and associated 
     credits that--
       ``(A) shall identify both secondary and postsecondary 
     education elements;
       ``(B) shall include challenging academic and career and 
     technical education content that adequately prepares students 
     to pursue the postsecondary education element identified 
     under subparagraph (A);
       ``(C) may include the opportunity for secondary students to 
     participate in dual or concurrent enrollment programs or 
     other ways to acquire postsecondary credits; and
       ``(D) culminates in technical skill proficiency, an 
     industry-recognized credential, a certificate, a degree, or 
     completion of a recognized apprenticeship program.'';
       (7) in paragraph (10) (as redesignated by paragraph (2)), 
     by striking ``5206'' and inserting ``5210'';
       (8) by inserting after paragraph (10) (as redesignated by 
     paragraph (2)) the following:
       ``(11) Community college.--The term `community college'--
       ``(A) means an institution of higher education, as defined 
     in section 101 of the Higher Education Act of 1965, that 
     provides not less than a 2-year program that is acceptable 
     for full credit toward a baccalaureate degree; and
       ``(B) includes tribally controlled colleges or 
     universities.'';
       (9) in paragraph (12) (as redesignated by paragraph (2))--
       (A) by striking ``method of instruction'' and inserting 
     ``method''; and
       (B) by striking ``vocational'' and inserting ``career'';
       (10) by inserting after paragraph (12) (as redesignated by 
     paragraph (2) and amended by paragraph (9)) the following:
       ``(13) Core academic subjects.--The term `core academic 
     subjects' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965, except 
     that under this Act such subjects included in such term shall 
     be only those subjects in a secondary school context.'';
       (11) in paragraph (16) (as redesignated by paragraph (2)), 
     by striking ``vocational'' both places the term appears and 
     inserting ``career'';
       (12) in paragraph (17) (as redesignated by paragraph (2))--
       (A) in subparagraph (A), by striking ``an institution of 
     higher education'' and inserting ``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''; and
       (B) in subparagraph (C), by striking ``vocational'' and 
     inserting ``career'';
       (13) in paragraph (18)(A) (as redesignated by paragraph 
     (2)), by striking ``agency, an area vocational'' and 
     inserting ``agency (including a public charter school that 
     operates as a local educational agency), an area career'';
       (14) by inserting after paragraph (19) (as redesignated by 
     paragraph (2)) the following:
       ``(20) Graduation and career plan.--The term `graduation 
     and career plan' means a written plan for a secondary career 
     and technical education student, that--
       ``(A) is developed with career guidance and academic 
     counseling or other professional staff, and in consultation 
     with parents, not later than in the first year of secondary 
     school or upon enrollment in career and technical education;
       ``(B) is reviewed annually and modified as needed;
       ``(C) includes relevant information on--
       ``(i) secondary school requirements for graduating with a 
     diploma;
       ``(ii) postsecondary education admission requirements; and
       ``(iii) high skill, high wage, or high demand occupations 
     and nontraditional fields in emerging and established 
     professions, and labor market indicators; and
       ``(D) states the student's secondary school graduation 
     goals, postsecondary education and training, or employment 
     goals, and identifies 1 or more career pathways that 
     correspond to the goals.'';
       (15) by inserting after paragraph (24) (as redesignated by 
     paragraph (2)) the following:

[[Page H5064]]

       ``(25) Local workforce investment board.--The term `local 
     workforce investment board' means a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832).'';
       (16) in paragraph (26) (as redesignated by paragraph (2))--
       (A) in the paragraph heading, by striking ``Training and 
     employment'' and inserting ``Fields''; and
       (B) by striking ``training and employment'' and inserting 
     ``fields'';
       (17) in paragraph (27) (as redesignated by paragraph (2)), 
     by striking ``the Commonwealth'' and all that follows through 
     the period and inserting ``and the Commonwealth of the 
     Northern Mariana Islands.'';
       (18) by inserting after paragraph (31) (as redesignated by 
     paragraph (2)) the following:
       ``(32) Self-sufficiency.--The term `self-sufficiency' means 
     a standard that is adopted, calculated, or commissioned by a 
     local area or State, and which adjusts for local factors, in 
     specifying the income needs of families, by family size, the 
     number and ages of children in the family, and sub-State 
     geographical considerations.'';
       (19) in paragraph (33) (as redesignated by paragraph (2))--
       (A) in subparagraph (C), by striking ``training and 
     employment'' and inserting ``fields''; and
       (B) in subparagraph (F), by striking ``individuals with 
     other barriers to educational achievement, including'';
       (20) in paragraph (35) (as redesignated by paragraph (2)) 
     by striking ``, and instructional aids and devices'' and 
     inserting ``instructional aids, and work supports'';
       (21) by striking paragraph (36) (as redesignated by 
     paragraph (2)) and inserting the following:
       ``(36) Tech-prep program.--The term `tech-prep program' 
     means a program of study that--
       ``(A) combines at a minimum 2 years of secondary education 
     (as determined under State law) with a minimum of 2 years of 
     postsecondary education in a nonduplicative, sequential 
     course of study;
       ``(B) integrates academic and career and technical 
     education instruction, and utilizes work-based and worksite 
     learning 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 appropriate, through applied, 
     contextual, and integrated instruction, in a coherent 
     sequence of courses (which may include work-based learning 
     experiences);
       ``(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, high wage 
     employment or to further education; and
       ``(G) utilizes career pathways, to the extent 
     practicable.''; and
       (22) in paragraph (38) (as redesignated by paragraph (2))--
       (A) in the paragraph heading, by striking ``Vocational'' 
     and inserting ``Career'';
       (B) in the matter preceding subparagraph (A)--
       (i) by striking ``vocational'' and inserting ``career'';
       (ii) by striking ``paragraph (2)'' and inserting 
     ``subsection (a)(2)''; and
       (iii) by striking ``paragraph (5)(A)'' and inserting 
     ``subsection (a)(5)''; and
       (C) in subparagraph (F), by striking ``vocational'' and 
     inserting ``career''.

     SEC. 5. TRANSITION PROVISIONS.

       Section 4 (20 U.S.C. 2303) is amended by striking ``the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act'' and all that follows through the period and inserting 
     ``this Act, as this Act was in effect on the day before the 
     date of enactment of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2005. Each eligible agency shall 
     be assured a full fiscal year for transition to plan for and 
     implement the requirements of this Act.''.

     SEC. 6. LIMITATION.

       Section 6 (20 U.S.C. 2305) is amended by striking the 
     second sentence.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 8 (20 U.S.C. 2307) is amended--
       (1) by striking ``title II'' and inserting ``part D of 
     title I''; and
       (2) by striking ``1999 through 2003'' and inserting ``2006 
     through 2011''.

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

     SEC. 101. CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                   STATES.

       Title I (20 U.S.C. 2321 et seq.) is amended by striking the 
     title heading and inserting the following:

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

     SEC. 102. RESERVATIONS AND STATE ALLOTMENT.

       Section 111(a) (20 U.S.C. 2321(a)) is amended--
       (1) in paragraph (1)(C), by striking ``2001 through 2003,'' 
     and inserting ``2006 through 2011,''; and
       (2) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) Minimum allotment.--Subject to paragraph (4), no 
     State, other than the United States Virgin Islands, shall 
     receive for a fiscal year under this subsection less than \1/
     2\ of 1 percent of the amount appropriated under section 8 
     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.
       ``(4) Hold harmless.--
       ``(A) Fiscal years 2006 through 2008.--Notwithstanding 
     paragraph (3), no State shall receive an allotment under this 
     section for each of the fiscal years 2006 through 2008 that 
     is less than the allotment the State received under this part 
     (as this part was in effect on the day before the date of 
     enactment of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2005) for fiscal year 2005.
       ``(B) Fiscal years 2009 through 2011.--Notwithstanding 
     paragraph (3), no State shall receive an allotment under this 
     section for each of the fiscal years 2009 through 2011 that 
     is less than 95 percent of the allotment the State received 
     under this section for the preceding fiscal year.
       ``(C) Ratable reduction.--If for any fiscal year the amount 
     appropriated for allotments under this section is 
     insufficient to satisfy the requirements of subparagraph (A) 
     or (B), the payments to all States under such subparagraph 
     shall be ratably reduced.''.

     SEC. 103. WITHIN STATE ALLOCATION.

       Section 112 (20 U.S.C. 2322) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by adding ``and'' after the 
     semicolon; and
       (B) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) not more than 15 percent or $750,000, whichever is 
     greater, for--
       ``(A) State leadership activities described in section 124, 
     of which--
       ``(i) an amount determined by the eligible agency shall be 
     made available to serve individuals in State institutions, 
     such as State correctional institutions and institutions that 
     serve individuals with disabilities; and
       ``(ii) not less than $60,000 shall be available for 
     services that prepare individuals for nontraditional fields; 
     and
       ``(B) administration of the State plan, which may be used 
     for the costs of--
       ``(i) developing the State plan;
       ``(ii) reviewing the local plans;
       ``(iii) monitoring and evaluating program effectiveness;
       ``(iv) assuring compliance with all applicable Federal 
     laws;
       ``(v) providing technical assistance; and
       ``(vi) supporting and developing State data systems 
     relevant to the provisions of this Act.'';
       (2) in subsection (b), by striking ``subsection (a)(3)'' 
     both places the term appears and inserting ``subsection 
     (a)(2)(B)''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Reserve.--From amounts made available under 
     subsection (a)(1) to carry out this subsection, an eligible 
     agency may--
       ``(1) award grants to eligible recipients, or consortia of 
     eligible recipients, for career and technical education 
     activities described in section 135 in--
       ``(A) rural areas; or
       ``(B) areas with high percentages or high numbers of career 
     and technical education students;
       ``(2) reserve funds, with the approval of participating 
     eligible recipients, for--
       ``(A) innovative statewide initiatives that demonstrate 
     benefits for eligible recipients, which may include--
       ``(i) developing and implementing technical assessments;
       ``(ii) improving the initial preparation and professional 
     development of career and technical education teachers, 
     faculty, principals, administrators, and counselors; and
       ``(iii) establishing, enhancing, and supporting systems for 
     accountability data collection or reporting purposes; or
       ``(B) the development and implementation of career pathways 
     or career clusters; and
       ``(3) carry out activities described in paragraphs (1) and 
     (2).''.

     SEC. 104. ACCOUNTABILITY.

       Section 113 (20 U.S.C. 2323) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in subsection (a)--
       (A) by striking ``a State performance accountability 
     system'' and inserting ``and support State and local 
     performance accountability systems''; and
       (B) by inserting ``and its eligible recipients'' after ``of 
     the State'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``paragraph (2)(A)'' 
     and inserting ``subparagraphs (A) and (B) of paragraph (2)''; 
     and
       (ii) in subparagraph (B), by striking ``(2)(B)'' and 
     inserting ``(2)(C)'';
       (B) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Core indicators of performance for secondary career 
     and technical education students.--Each eligible agency shall 
     identify in the State plan core indicators of performance for 
     secondary career and technical education students that 
     include, at a minimum, measures of each of the following:
       ``(i) Student achievement on technical assessments and 
     attainment of career and technical skill proficiencies that 
     are aligned with nationally recognized industry standards, if 
     available and appropriate.

[[Page H5065]]

       ``(ii) Student attainment of challenging academic content 
     standards and student academic achievement standards, as 
     adopted by the State under section 1111(b)(1) of the 
     Elementary and Secondary Education Act of 1965 and measured 
     by the academic assessments described in section 1111(b)(3) 
     of such Act, consistent with State requirements.
       ``(iii) Student rates of attainment of--

       ``(I) a secondary school diploma;
       ``(II) the recognized equivalent of a secondary school 
     diploma;
       ``(III) technical skill proficiency;
       ``(IV) an industry-recognized credential;
       ``(V) a certificate; and
       ``(VI) a degree.

       ``(iv) Placement in postsecondary education, military 
     service, apprenticeship programs, or employment.
       ``(v) Student participation in, and completion of, career 
     and technical education programs that lead to employment or 
     self-employment in nontraditional fields.'';
       (ii) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively;
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Core indicators of performance for postsecondary 
     career and technical students.--Each eligible agency shall 
     identify in the State plan core indicators of performance for 
     postsecondary career and technical education students that 
     include, at a minimum, measures of each of the following:
       ``(i) Student achievement on technical assessments and 
     attainment of career and technical skill proficiencies that 
     are aligned with nationally recognized industry standards, if 
     available and appropriate.
       ``(ii) Student attainment of technical skill proficiency, 
     an industry-recognized credential, a certificate, or a 
     degree, or retention in postsecondary education, including 
     transfer to a baccalaureate degree program.
       ``(iii) Placement in military service, apprenticeship 
     programs, or employment.
       ``(iv) Student participation in, and completion of, career 
     and technical education programs that lead to employment or 
     self-employment in--

       ``(I) nontraditional fields; and
       ``(II) high skill, high wage, high demand occupations or 
     professions.

       ``(v) Increase in earnings, where available.'';
       (iv) in subparagraph (C) (as redesignated by clause (ii) of 
     this subparagraph), by striking ``the title.'' and inserting 
     ``this title, such as attainment of self-sufficiency.'';
       (v) in subparagraph (D) (as redesignated by clause (ii) of 
     this subparagraph), by inserting ``career and technical 
     education'' after ``developed State'';
       (vi) in subparagraph (E) (as redesignated by clause (ii) of 
     this subparagraph)--

       (I) by striking ``this paragraph'' and inserting 
     ``subparagraphs (A) and (B)'';
       (II) by striking ``solely''; and
       (III) by striking ``recipients.'' and inserting 
     ``recipients, and shall meet the requirements of this 
     section.''; and

       (vii) by adding at the end the following:
       ``(F) Alignment of performance indicators.--In the course 
     of identifying core indicators of performance and additional 
     indicators of performance, States shall, to the greatest 
     extent possible, define the indicators so that substantially 
     similar information gathered for other State and Federal 
     programs, or any other purpose, is used to meet the 
     requirements of this section.'';
       (C) in paragraph (3)--
       (i) in the paragraph heading, by striking ``Levels'' and 
     inserting ``State levels'';
       (ii) in subparagraph (A)--

       (I) in clause (i)--

       (aa) by striking ``paragraph (2)(A)'' and inserting 
     ``subparagraphs (A) and (B) of paragraph (2)'';
       (bb) by inserting ``after taking into account the local 
     adjusted levels of performance and'' after ``eligible 
     agency,''; and
       (cc) by striking subclause (II) and inserting the 
     following:

       ``(II) require the eligible recipients to make continuous 
     and significant improvement in career and technical 
     achievement of career and technical education students, 
     including special populations.'';
       (II) in clause (v)--

       (aa) in the clause heading, by striking ``3rd, 4th, and 
     5th'' and inserting ``Subsequent'';
       (bb) by striking ``third program year'' and inserting 
     ``third and fifth program years''; and
       (cc) by striking ``third, fourth, and fifth'' and inserting 
     ``corresponding subsequent'';

       (III) in clause (vi)(II), by inserting ``and significant'' 
     after ``continuous''; and
       (IV) in clause (vii), by striking ``or (vi)'' and inserting 
     ``or (v)''; and

       (iii) in subparagraph (B), by striking ``(2)(B)'' and 
     inserting ``(2)(C)''; and
       (D) by adding at the end the following:
       ``(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 performance, 
     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, so as 
     to be objective, quantifiable, and measurable; and
       ``(II) require the eligible recipient to make continuous 
     and significant improvement in career and technical 
     achievement 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, 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 involved promote continuous and significant 
     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 factor described in clause (v)(II), 
     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) Report.--Each eligible recipient that receives an 
     allocation under section 131 shall publicly report, on an 
     annual basis, its progress in achieving the local adjusted 
     levels of performance on the core indicators of 
     performance.''; and
       (4) by striking subsection (c)(1)(B) and inserting:
       ``(B) information on the levels of performance achieved by 
     the State with respect to the additional indicators of 
     performance, including the levels of performance 
     disaggregated for postsecondary institutions, by special 
     populations and gender, and for secondary institutions, by 
     special populations and by the categories described in 
     section 1111(h)(1)(C)(i) of the Elementary and Secondary 
     Education Act of 1965, except that such disaggregation shall 
     not be required in a case in which the number of individuals 
     in a category is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual.''.

     SEC. 105. NATIONAL ACTIVITIES.

       Section 114 (20 U.S.C. 2324) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in subsection (a)(1), by striking ``, including an 
     analysis of performance data regarding special populations'' 
     and inserting ``, including an analysis of performance data 
     that is disaggregated for postsecondary institutions, by 
     special populations, and for secondary institutions, by 
     special populations and by the categories described in 
     section 1111(h)(1)(C)(i) of the Elementary and Secondary 
     Education Act of 1965, except that such disaggregation shall 
     not be required in a case in which the number of individuals 
     in a category is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual'';
       (3) in subsection (c)--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) 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 (3), 
     including the issues to be addressed and the

[[Page H5066]]

     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, principals, administrators, and chief 
     executives (including State directors of career and technical 
     education), 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 State workforce investment boards established 
     under section 111 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2821) or local workforce investment boards;
       ``(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 and to the relevant committees of 
     Congress an independent analysis of the findings and 
     recommendations resulting from the assessment described in 
     paragraph (3).
       ``(D) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the panel established under this 
     paragraph.'';
       (B) in paragraph (3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--From amounts made available under 
     subsection (d), 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 2005, to the extent practicable, 
     through studies and analyses conducted independently through 
     grants, contracts, and cooperative agreements that are 
     awarded on a competitive basis.'';
       (ii) in subparagraph (B)--

       (I) by striking clause (iii) and inserting the following:

       ``(iii) the preparation and qualifications of teachers and 
     faculty of career and technical education, as well as 
     shortages of such teachers and faculty;'';

       (II) by striking clause (v) and inserting the following:

       ``(v) academic and career and technical education 
     achievement and employment outcomes of career and technical 
     education students, including analyses of--

       ``(I) the number of career and technical education students 
     and tech-prep students who meet the State adjusted levels of 
     performance established under section 113;
       ``(II) the extent and success of integration of challenging 
     academic and career and technical education for students 
     participating in career and technical education programs;
       ``(III) the extent to which career and technical education 
     programs prepare students, including special populations, for 
     subsequent employment in high skill, high wage occupations, 
     or participation in postsecondary education; and
       ``(IV) the number of career and technical education 
     students receiving a high school diploma;'';
       (III) in clause (vi), by inserting ``, and career and 
     technical education students' preparation for employment'' 
     after ``programs''; and
       (IV) in clause (viii), by inserting ``and local'' after 
     ``State'' both places such term appears; and

       (iii) in subparagraph (C)--

       (I) in clause (i)--

       (aa) by striking ``Committee on Education'' and all that 
     follows through ``Senate'' and inserting ``relevant 
     committees of Congress''; and
       (bb) by striking ``2002'' both places it appears and 
     inserting ``2009''; and

       (II) in clause (ii), by striking ``Committee on Education'' 
     and all that follows through ``Senate'' and inserting 
     ``relevant committees of Congress'';

       (C) in paragraph (4)(B), by striking ``Committee on 
     Education'' and all that follows through ``Senate'' and 
     inserting ``relevant committees of Congress'';
       (D) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking 
     ``higher education'' and all that follows through ``centers'' 
     and inserting ``higher education offering comprehensive 
     graduate programs in career and technical education that 
     shall be the primary recipient and shall collaborate with a 
     public or private nonprofit organization or agency, or a 
     consortium of such institutions, organizations, or agencies, 
     to establish a national research center'';
       (II) in clause (i)--

       (aa) by inserting ``and evaluation'' after ``to carry out 
     research''; and
       (bb) by inserting ``, including special populations,'' 
     after ``participants'';

       (III) by redesignating clauses (ii), (iii), and (iv), as 
     clauses (iii), (iv), and (v), respectively;
       (IV) by inserting after clause (i) the following:

       ``(ii) to carry out research for the purpose of developing, 
     improving, and identifying the most successful methods for 
     successfully addressing the needs of employers in high skill, 
     high wage business and industry, including evaluation and 
     scientifically based research of--

       ``(I) collaboration between career and technical education 
     programs and business and industry;
       ``(II) academic and technical skills required to respond to 
     the challenge of a global economy and rapid technological 
     changes; and
       ``(III) technical knowledge and skills required to respond 
     to needs of a regional or sectoral workforce, including small 
     business;'';
       (V) in clause (iii) (as redesignated by subclause (III) of 
     this clause), by inserting ``that are integrated with 
     challenging academic instruction'' before ``, including''; 
     and
       (VI) by striking clause (iv) (as redesignated by subclause 
     (III) of this clause) and inserting the following:

       ``(iv) to carry out scientifically based research, where 
     appropriate, that can be used to improve preparation and 
     professional development of teachers, faculty, principals, 
     and administrators and student learning in the career and 
     technical education classroom, including--

       ``(I) effective in-service and pre-service 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) promoting technical education aligned with industry-
     based standards and certifications to meet regional industry 
     needs;

       ``(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 education 
     skills, State academic standards, and related materials; and
       ``(III) the recruitment and retention of career and 
     technical education teachers, faculty, counselors, 
     principals, and administrators, including individuals in 
     groups underrepresented in the teaching profession; and'';

       (ii) in subparagraph (B)--

       (I) by striking ``or centers'' both places the term 
     appears; and
       (II) by striking ``Committee on Education'' and all that 
     follows through ``Senate'' and inserting ``relevant 
     committees of Congress'';

       (iii) in subparagraph (C), by striking ``or centers''; and
       (iv) by adding at the end the following:
       ``(D) Independent governing board.--
       ``(i) In general.--An institution of higher education that 
     desires a grant, contract, or cooperative agreement under 
     this paragraph shall identify, in its application, an 
     independent governing board for the center established 
     pursuant to this paragraph.
       ``(ii) Members.--The independent governing board shall 
     consist of the following:

       ``(I) Two representatives of secondary career and technical 
     education.
       ``(II) Two representatives of postsecondary career and 
     technical education.
       ``(III) Two representatives of eligible agencies.
       ``(IV) Two representatives of business and industry.
       ``(V) Two representatives of career and technical teacher 
     preparation institutions.
       ``(VI) Two nationally recognized researchers in the field 
     of career and technical education.

       ``(iii) Coordination.--The independent governing board 
     shall ensure that the research and dissemination activities 
     carried out by the center are coordinated with the research 
     activities carried out by the Secretary.'';
       (E) in paragraph (6)(B)(ii), by striking ``or centers''; 
     and
       (F) by striking paragraph (8); and
       (4) by adding at the end the following:
       ``(d) 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 2006 
     through 2011.''.

     SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS.

       Section 115 (20 U.S.C. 2325) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``the Republic of the Marshall Islands, the Federated States 
     of Micronesia,'';
       (B) in paragraph (1), by striking ``training and 
     retraining;'' and inserting ``preparation;'';
       (C) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (D) by inserting after paragraph (1) the following:
       ``(2) professional development for teachers, faculty, 
     principals, and administrators;''; and
       (3) in subsection (d)--
       (A) by striking ``the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and''; and
       (B) by striking ``2001'' and inserting ``2007''.

     SEC. 107. NATIVE AMERICAN PROGRAM.

       Section 116 (20 U.S.C. 2326) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in subsection (a)(5), by adding a period at the end;
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``(d)'' and inserting 
     ``(c)''; and
       (B) in paragraph (2), by striking ``(other than in 
     subsection (i))'';

[[Page H5067]]

       (4) in subsection (d), by striking ``section an'' and 
     inserting ``section, an'';
       (5) in subsection (e), by striking ``paragraph'' and 
     inserting ``section''; and
       (6) in subsection (h), by striking ``which are recognized 
     by the Governor of the State of Hawaii''.

     SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
                   TECHNICAL INSTITUTIONS.

       Section 117 (20 U.S.C. 2327) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
                   TECHNICAL INSTITUTIONS.'';

       (2) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (3) in subsection (g)--
       (A) in paragraph (1), by striking ``The Secretary'' and 
     inserting ``On an annual basis, the Secretary'';
       (B) in paragraph (2)(B), by striking ``2000'' and inserting 
     ``2007''; and
       (C) in paragraph (3)(C), by striking ``beginning'' and all 
     that follows through the period and inserting ``beginning on 
     the date of enactment of the Carl D. Perkins Career and 
     Technical Education Improvement Act of 2005.'';
       (4) by redesignating subsections (h) and (i) as subsections 
     (j) and (k), respectively;
       (5) by inserting after subsection (g) the following:
       ``(h) Appeals.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall provide a tribally controlled postsecondary career and 
     technical institution with a hearing on the record before an 
     administrative law judge with respect to the following 
     determinations:
       ``(A) A determination that such institution is not eligible 
     for a grant under this section.
       ``(B) A determination regarding the calculation of the 
     amount of a grant awarded under this section.
       ``(2) Procedure for appeal.--To appeal a determination 
     described in paragraph (1), a tribally controlled 
     postsecondary career and technical institution shall--
       ``(A) in the case of an appeal based on a determination 
     that such institution is not eligible for a grant under this 
     section, file a notice of appeal with the Secretary not later 
     than 30 days after receipt of such determination; and
       ``(B) in the case of an appeal based on a determination 
     regarding the calculation of the amount of a grant awarded 
     under this section--
       ``(i) file a notice of appeal with the Secretary not later 
     than 30 days after receipt of the Secretary's notification of 
     the grant amount; and
       ``(ii) identify the amount of funding that gives rise to 
     such appeal.
       ``(3) Withholding of amount.--If a tribally controlled 
     postsecondary career and technical institution appeals a 
     determination described in paragraph (1), the Secretary shall 
     withhold the amount in dispute from the award of grant funds 
     under this section until such time as the administrative law 
     judge has issued a written decision on the appeal.
       ``(i) Restricted Indirect Cost.--Notwithstanding any other 
     provision of law, the Secretary shall not request the use of 
     a restricted indirect cost rate for grants awarded under this 
     section.''; and
       (6) by striking subsection (k) (as redesignated by 
     paragraph (4) of this section) and inserting the following:
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2006 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.''.

     SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

       Section 118 (20 U.S.C. 2328) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(f)'' and inserting ``(g)'';
       (B) in paragraph (1)--
       (i) in subparagraph (A), by striking ``(b)'' both places it 
     appears and inserting ``(c)'';
       (ii) in subparagraph (B), by striking ``(b)'' and inserting 
     ``(c)''; and
       (iii) in subparagraph (C), by striking ``(b)'' and 
     inserting ``(c)''; and
       (C) in paragraph (2), by striking ``(b)'' both places it 
     appears and inserting ``(c)'';
       (2) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) State Application.--
       ``(1) In general.--Each State desiring assistance 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) a description of how the State entity designated in 
     subsection (c) will provide information based on labor market 
     trends to inform program development; and
       ``(B) information about the 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.'';
       (4) in subsection (c) (as redesignated by paragraph (2) of 
     this section)--
       (A) in paragraph (1), by striking ``individuals'' and all 
     that follows through the semicolon and inserting ``students 
     and parents, including postsecondary education and training, 
     including academic and technical preparation for high skill, 
     high wage, or high demand occupations and nontraditional 
     fields in emerging or established professions;'';
       (B) in paragraph (2), by inserting ``academic and career 
     and technical'' after ``relate'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) to equip teachers, faculty, administrators, and 
     counselors with the knowledge, skills, and occupational 
     information needed to assist parents and all students, 
     especially special populations underrepresented in certain 
     careers, with career exploration, educational opportunities, 
     education financing, and exposure to high skill, high wage, 
     or high demand occupations and nontraditional fields, 
     including occupations and fields requiring a baccalaureate 
     degree;'';
       (D) in paragraph (4), by striking ``such entities;'' and 
     inserting ``such entities, with an emphasis on high skill, 
     high wage, or high demand occupations in emerging or 
     established professions;'';
       (E) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (F) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (G) by adding at the end the following:
       ``(7) to provide information, if available, for each 
     occupation, on--
       ``(A) the average earnings of an individual in the 
     occupation at entry level and after 5 years of employment;
       ``(B) the expected lifetime earnings; and
       ``(C) the expected future demand for the occupation, based 
     on employment projections.'';
       (5) in subsection (d)(1) (as redesignated by paragraph (2) 
     of this section), by striking ``(b)'' both places it appears 
     and inserting ``(c)'';
       (6) in subsection (e)(1) (as redesignated by paragraph (2) 
     of this section), by striking ``(b)'' and inserting ``(c)'';
       (7) in subsection (f)(1) (as redesignated by paragraph (2) 
     of this section), by striking ``an identification'' and 
     inserting ``a description''; and
       (8) in subsection (g) (as redesignated by paragraph (2) of 
     this section), by striking ``1999 through 2003'' and 
     inserting ``2006 through 2011''.

     SEC. 110. STATE ADMINISTRATION.

       Section 121 (20 U.S.C. 2341) is amended--
       (1) by redesignating subsection (a)(2) as subsection (b) 
     and indenting appropriately;
       (2) by redesignating subparagraphs (A) through (D) of 
     subsection (a)(1) as paragraphs (1) through (4), 
     respectively, and indenting appropriately;
       (3) by redesignating clauses (i) and (ii) of paragraph (4) 
     (as redesignated by paragraph (2) of this section) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (4) by striking the following:
       ``(a) Eligible Agency Responsibilities.--
       ``(1) In general.--The responsibilities'' and inserting the 
     following:
       ``(a) Eligible Agency Responsibilities.--The 
     responsibilities'';
       (5) in subsection (a)(1) (as redesignated by paragraph (2) 
     of this section), by striking ``training and employment'' and 
     inserting ``fields'';
       (6) in subsection (a)(2) (as redesignated by paragraph (2) 
     of this section)--
       (A) by inserting ``teacher and faculty preparation 
     programs,'' after ``teachers,''; and
       (B) by inserting ``all types and sizes of'' after 
     ``representatives of''; and
       (7) in subsection (b) (as redesignated by paragraph (1) of 
     this section), by striking ``paragraph (1)'' and inserting 
     ``subsection (a)''.

     SEC. 111. STATE PLAN.

       Section 122 (20 U.S.C. 2342) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``5'' and inserting ``6''; and
       (ii) by adding at the end the following: ``Each eligible 
     agency may submit a transition plan during the first full 
     year of implementation of this Act after the date of 
     enactment of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2005. The transition plan shall 
     fulfill the eligible agency's State plan submission 
     obligation under this section.''; and
       (B) in paragraph (2)(B), by striking ``5 year State plan'' 
     and inserting ``6-year period'';
       (3) by striking subsection (b)(1) and inserting the 
     following:
       ``(1) In general.--The eligible agency shall develop the 
     State plan in consultation with academic and career and 
     technical education teachers, faculty, principals, and 
     administrators, career guidance and academic counselors, 
     eligible recipients, parents, students, the State tech-prep 
     coordinator and representatives of tech-prep consortia (if 
     applicable), the lead State agency officials with 
     responsibility for the programs and activities that are 
     described in section 121(b) of the Workforce Investment Act 
     of 1998 (29 U.S.C. 2841(b)) and carried out by one-stop 
     partners, the State workforce investment board, interested 
     community members (including parent and community 
     organizations), representatives of special populations, 
     representatives of business and industry (including 
     representatives of small business and economic development 
     entities), and representatives of labor organizations in the 
     State, and shall consult the Governor of the State with 
     respect to such development.'';

[[Page H5068]]

       (4) by striking subsection (c) and inserting the following:
       ``(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) how the eligible agency will support eligible 
     recipients in developing or implementing career pathways for 
     career and technical education content areas that are 
     designed to meet relevant workforce needs, including how the 
     eligible agency will--
       ``(i) support eligible recipients in developing 
     articulation agreements between secondary and postsecondary 
     institutions;
       ``(ii) support eligible recipients in using labor market 
     information to identify career pathways that prepare 
     individuals for high skill, high wage, or high demand 
     occupations;
       ``(iii) make available information about career pathways 
     offered by eligible recipients; and
       ``(iv) consult with business and industry and use industry-
     recognized standards and assessments, if appropriate;
       ``(B) 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 quality technology in career 
     and technical education programs;
       ``(C) the criteria that will be used by the eligible agency 
     to approve eligible recipients for funds under this title, 
     including criteria to assess the extent to which the local 
     plan will--
       ``(i) promote higher levels of academic achievement;
       ``(ii) promote higher levels of technical skill attainment; 
     and
       ``(iii) identify and address workforce needs;
       ``(D) how programs at the secondary level will prepare 
     career and technical education students, including special 
     populations to graduate from high school with a diploma;
       ``(E) how such programs will prepare career and technical 
     education students, including special populations, both 
     academically and technically, for opportunities in 
     postsecondary education or entry into high skill, high wage, 
     or high demand occupations in emerging or established 
     occupations, and how participating students will be made 
     aware of such opportunities; and
       ``(F) how funds will be used to improve or develop new 
     career and technical education courses in high skill, high 
     wage, or high demand occupations that are aligned with 
     business needs and industry standards, as appropriate--
       ``(i) at the secondary level that are aligned with 
     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; and
       ``(ii) at the postsecondary level that are relevant and 
     challenging;
       ``(2) describes how career and technical education 
     teachers, faculty, principals, administrators, and career 
     guidance and academic counselors will be provided 
     comprehensive initial preparation and professional 
     development, including through programs and activities that--
       ``(A) promote the integration of challenging academic 
     curricula and career and technical education curricula, 
     including opportunities for teachers to jointly develop and 
     implement curriculum and pedagogical strategies with 
     appropriate academic teachers;
       ``(B) increase the academic and career and technical 
     education knowledge of career and technical education 
     teachers and faculty;
       ``(C) are high-quality, sustained, intensive, focused on 
     instruction, directly related to industry standards, and 
     includes structured induction and mentoring components for 
     new personnel, with an emphasis on identifying and addressing 
     the needs of local businesses, including small businesses;
       ``(D) ensure an increasing number of career and technical 
     education teachers and faculty meet teacher certification and 
     licensing requirements reflecting the needs of their subject 
     area or areas;
       ``(E) equip career and technical education teachers, 
     faculty, principals, administrators, and career guidance and 
     academic counselors with the knowledge and skills needed to 
     work with and improve instruction for special populations;
       ``(F) assist in accessing and utilizing data, including 
     labor market indicators, student achievement, and 
     assessments;
       ``(G) enhance the leadership capacity of principals and 
     administrators;
       ``(H) are integrated 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; and
       ``(I) include strategies to expose all career and technical 
     education students to comprehensive information regarding 
     career options that lead to high skill, high wage, or high 
     demand occupations and nontraditional fields;
       ``(3) describes efforts to improve--
       ``(A) the recruitment and retention of career and technical 
     education teachers, faculty, counselors, principals, and 
     administrators, 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 improve the capacity of programs 
     and faculty at postsecondary institutions to effectively 
     prepare career and technical education personnel, including, 
     as appropriate, through electronically delivered distance 
     education, and articulation agreements between 2-year 
     technical programs and postsecondary education programs;
       ``(5) describes efforts to facilitate the transition of 
     sub-baccalaureate career and technical education students 
     into baccalaureate degree programs, including--
       ``(A) statewide articulation agreements between sub-
     baccalaureate career and technical education programs and 
     baccalaureate degree programs;
       ``(B) postsecondary dual and concurrent enrollment 
     programs;
       ``(C) academic and financial aid counseling; and
       ``(D) other initiatives to encourage the pursuit of a 
     baccalaureate degree and to overcome barriers to 
     participation in baccalaureate degree programs, including 
     geographic and other barriers affecting rural students and 
     special populations;
       ``(6) describes how the eligible agency will actively 
     involve parents, academic and career and technical education 
     teachers, faculty, principals, and administrators, career 
     guidance and academic counselors, local businesses (including 
     small- and medium-sized businesses and business 
     intermediaries), State workforce investment boards, local 
     workforce investment boards, economic development entities, 
     and labor organizations in the planning, development, 
     implementation, and evaluation of such career and technical 
     education programs;
       ``(7) describes how funds received by the eligible agency 
     through the allotment made under section 111 will be 
     allocated--
       ``(A) among secondary school career and technical 
     education, or postsecondary and adult career and technical 
     education, 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;
       ``(8) describes how the eligible agency will--
       ``(A) use funds to improve or develop new career and 
     technical education courses in high skill, high wage, or high 
     demand occupations--
       ``(i) at the secondary level that are aligned with 
     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; and
       ``(ii) at the postsecondary level that are challenging and 
     aligned with business needs and industry standards, as 
     appropriate;
       ``(B) 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 the core academic 
     subjects and career and technical education subjects, and 
     provide students with strong experience in, and understanding 
     of, all aspects of an industry;
       ``(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; and
       ``(D) encourage secondary school students who participate 
     in such career and technical education programs to enroll in 
     challenging courses in core academic subjects;
       ``(9) describes how the eligible agency will annually 
     evaluate the effectiveness of such career and technical 
     education programs, and describes, to the extent practicable, 
     how the eligible agency is coordinating such programs to 
     promote relevant lifelong learning and ensure nonduplication 
     with other existing Federal programs;
       ``(10) 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 title;
       ``(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;
       ``(11) how the eligible agency will collaborate in 
     developing the State plan with--
       ``(A) the entity within the State with responsibility for 
     elementary and secondary education;
       ``(B) the entity within the State with responsibility for 
     public institutions engaged in postsecondary education;
       ``(C) State institutions such as State correctional 
     institutions and institutions that serve individuals with 
     disabilities; and
       ``(D) all other relevant State agencies with responsibility 
     for career and technical education and training investment, 
     and economic and workforce development;
       ``(12) describes what steps the eligible agency will take 
     to involve representatives of eligible recipients in the 
     development of the State adjusted levels of performance;

[[Page H5069]]

       ``(13) provides assurances that the eligible agency will 
     comply with the requirements of this title and the provisions 
     of the State plan, including the provision of a financial 
     audit of funds received under this title which may be 
     included as part of an audit of other Federal or State 
     programs;
       ``(14) provides assurances that none of the funds expended 
     under this title 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 purchasing entity, the 
     employees of the purchasing entity, or any affiliate of such 
     an organization;
       ``(15) describes how the eligible agency will measure and 
     report data relating to students participating in and 
     completing career and technical education within specific 
     career clusters in order to adequately measure the progress 
     of the students, including special populations, at--
       ``(A) the secondary level, disaggregated by the categories 
     described in section 1111(h)(1)(C)(i) of the Elementary and 
     Secondary Education Act of 1965, except that such 
     disaggregation shall not be required in a case in which the 
     number of individuals in a category is insufficient to yield 
     statistically reliable information or the results would 
     reveal personally identifiable information about an 
     individual; and
       ``(B) the postsecondary level, disaggregated by special 
     populations, except that such disaggregation shall not be 
     required in a case in which the number of individuals in a 
     category is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual;
       ``(16) describes how the eligible agency will adequately 
     address the needs of students in alternative education 
     programs, if appropriate;
       ``(17) 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;
       ``(18) describes how career and technical education relates 
     to State and regional occupational opportunities;
       ``(19) describes the methods proposed for the joint 
     planning and coordination of programs carried out under this 
     title with other Federal education and workforce investment 
     programs;
       ``(20) describes how funds will be used to promote 
     preparation for high skill, high wage, or high demand 
     occupations and nontraditional fields in emerging and 
     established professions;
       ``(21) describes how funds will be used to serve 
     individuals in State correctional institutions;
       ``(22) describes 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; and
       ``(23) contains the description and information specified 
     in sections 112(b)(8) and 121(c) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2822(b)(8) and 2841(c)) concerning the 
     provision of services only for postsecondary students and 
     school dropouts.'';
       (5) by striking subsection (d) and inserting the following:
       ``(d) Plan Options.--
       ``(1) Single plan.--The eligible agency may fulfill the 
     plan or application submission requirements of this section, 
     section 118(b), and section 141(c) by submitting a single 
     State plan. In such plan, the eligible agency may allow 
     eligible recipients to fulfill the plan or application 
     submission requirements of section 134 and subsections (a) 
     and (b) of section 143 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 the Workforce 
     Investment Act of 1998 (20 U.S.C. 9271), if the plan 
     submitted pursuant to the requirement of this section meets 
     the requirements of this Act.''; and
       (6) by striking subsection (f).

     SEC. 112. IMPROVEMENT PLANS.

       Section 123 (20 U.S.C. 2343) is amended to read as follows:

     ``SEC. 123. IMPROVEMENT PLANS.

       ``(a) State Program Improvement Plan.--
       ``(1) Plan.--If a State fails to meet the State adjusted 
     levels of performance described in the report submitted under 
     section 113(c), the eligible agency shall develop and 
     implement a program improvement plan in consultation with the 
     appropriate agencies, individuals, and organizations for the 
     first program year succeeding the program year in which the 
     eligible agency failed to meet the State adjusted levels of 
     performance, in order to avoid a sanction under paragraph 
     (3).
       ``(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 purpose of 
     this Act, based on the State's adjusted levels of 
     performance, the Secretary shall work with the eligible 
     agency to implement improvement activities consistent with 
     the requirements of this Act.
       ``(3) Failure.--
       ``(A) In general.--If an eligible agency fails to meet the 
     State adjusted levels of performance, has not implemented an 
     improvement plan as described in paragraph (1), has shown no 
     improvement within 1 year after implementing an improvement 
     plan as described in paragraph (1), or has failed to meet 
     more than 1 of the State adjusted levels of performance for 
     the same performance indicator for 2 or more consecutive 
     years, the Secretary may, after notice and opportunity for a 
     hearing, withhold from the eligible agency all, or a portion 
     of, the eligible agency's allotment under this title.
       ``(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 financial resources 
     of the State.
       ``(4) Funds resulting from reduced allotments.--
       ``(A) In general.--The Secretary shall use funds withheld 
     under paragraph (3) for a State served by an eligible agency, 
     to provide (through alternative arrangements) services and 
     activities within the State to meet the purposes of this Act.
       ``(B) Redistribution.--If the Secretary cannot 
     satisfactorily use funds withheld under paragraph (3), then 
     the amount of funds retained by the Secretary as a result of 
     a reduction in an allotment made under paragraph (3) shall be 
     redistributed to other eligible agencies in accordance with 
     section 111.
       ``(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.--
       ``(A) In general.--If, after reviewing the evaluation, the 
     eligible agency determines that an eligible recipient is not 
     making substantial progress in achieving the local adjusted 
     levels of performance, the eligible agency shall--
       ``(i) conduct an assessment of the educational needs that 
     the eligible recipient shall address to overcome local 
     performance deficiencies, including the performance of 
     special populations;
       ``(ii) enter into an improvement plan with an eligible 
     recipient based on the results of the assessment, for the 
     first program year succeeding the program year in which the 
     eligible recipient failed to meet the local adjusted levels 
     of performance, which plan shall demonstrate how the local 
     performance deficiencies will be corrected and include 
     instructional and other programmatic innovations of 
     demonstrated effectiveness, and, where necessary, strategies 
     for appropriate staffing and professional development; and
       ``(iii) conduct regular evaluations of the progress being 
     made toward reaching the local adjusted levels of 
     performance, as described in section 113(b)(4), and progress 
     on implementing the improvement plan.
       ``(B) Consultation.--The eligible agency shall conduct the 
     activities described in subparagraph (A) in consultation with 
     teachers, principals, administrators, faculty, parents, other 
     school staff, appropriate agencies, and other appropriate 
     individuals and organizations.
       ``(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 purpose of this Act, based on the local adjusted levels 
     of performance, the eligible agency shall provide technical 
     assistance to the eligible recipient to assist the eligible 
     recipient in carrying out the improvement activities 
     consistent with the requirements of this Act. An eligible 
     recipient, in collaboration with the eligible agency, may 
     request that the Secretary provide additional technical 
     assistance.
       ``(4) Failure.--
       ``(A) In general.--If an eligible recipient fails to meet 
     the local adjusted levels of performance as described in 
     section 113(b)(4) and has not implemented an improvement plan 
     as described in paragraph (2), has shown no improvement 
     within 1 year after implementing an improvement plan as 
     described in paragraph (2), or has failed to meet more than 1 
     of the local adjusted levels of performance for the same 
     performance indicator for 2 or more consecutive years, 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.
       ``(B) Waiver for exceptional circumstances.--The eligible 
     agency may waive the sanction under this paragraph due to 
     exceptional or uncontrollable circumstances such as 
     organizational structure, or a natural disaster or a 
     precipitous and unforeseen decline in financial resources of 
     the eligible recipient.
       ``(5) Funds resulting from reduced allotments.--The 
     eligible agency shall use funds withheld under paragraph (4) 
     to provide (through alternative arrangements) services and 
     activities to students within the area served by such 
     recipient to meet the purpose of this Act.''.

     SEC. 113. STATE LEADERSHIP ACTIVITIES.

       Section 124 (20 U.S.C. 2344) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) in subsection (a), by striking ``112(a)(2)'' and 
     inserting ``112(a)(2)(A)'';
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``further learning'' and 
     all that follows through the

[[Page H5070]]

     semicolon and inserting ``further education, further 
     training, or for high skill, high wage, or high demand 
     occupations;'';
       (B) in paragraph (2), by striking subparagraphs (A) through 
     (C) and inserting the following:
       ``(A) training of career and technical education teachers, 
     faculty, principals, career guidance and academic counselors, 
     and administrators to use technology, including distance 
     learning;
       ``(B) encouraging schools to work with technology 
     industries to offer voluntary internships and mentoring 
     programs; or
       ``(C) encouraging lifelong learning, including through 
     partnerships that may involve institutions of higher 
     education, organizations providing career and technical 
     education, businesses, workforce investment entities, and 
     communications entities;'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) professional development programs, including 
     providing comprehensive professional development (including 
     initial teacher preparation) for career and technical 
     education teachers, faculty, principals, 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 pre-service training in career 
     and technical education programs and techniques, effective 
     teaching skills based on promising practices and, where 
     available and appropriate, scientifically based research, and 
     effective practices to improve parental and community 
     involvement;
       ``(B) improve student achievement in order to meet the 
     State adjusted levels of performance established under 
     section 113;
       ``(C) support education programs for teachers and faculty 
     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 personnel--
       ``(i) stay current with the needs, expectations, and 
     methods of industry;
       ``(ii) can effectively develop challenging, integrated 
     academic and career and technical education curriculum 
     jointly with academic teachers, to the extent practicable; 
     and
       ``(iii) develop a higher level of academic and industry 
     knowledge and skills in career and technical education; and
       ``(D) are integrated 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;'';
       (D) in paragraph (4), by striking ``support for'' and 
     inserting ``supporting'';
       (E) in paragraph (5), by striking ``nontraditional training 
     and employment'' and inserting ``nontraditional fields in 
     emerging and established professions, and other activities 
     that expose students, including special populations, to high 
     skill, high wage occupations'';
       (F) in paragraph (6)--
       (i) by inserting ``intermediaries,'' after ``labor 
     organizations,''; and
       (ii) by inserting ``, or complete career pathways, as 
     described in section 122(c)(1)(A)'' after ``skills'';
       (G) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (H) in paragraph (8), by striking ``wage careers.'' and 
     inserting ``wage, or high demand occupations; and''; and
       (I) by adding at the end the following:
       ``(9) technical assistance for eligible recipients.'';
       (4) by striking subsection (c) and inserting the following:
       ``(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 encouraging secondary and postsecondary students to 
     graduate with a diploma or degree, and expose students to 
     high skill, high wage occupations and nontraditional fields 
     in emerging and established professions;
       ``(2) establishment of agreements, including articulation 
     agreements, between secondary 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 sub-baccalaureate career and technical education students 
     into baccalaureate degree programs, including--
       ``(A) statewide articulation agreements between sub-
     baccalaureate 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 
     secondary 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 learning, that 
     prepare individuals academically and technically for high 
     skill, high wage, or high demand occupations;
       ``(10) awarding incentive grants to eligible recipients for 
     exemplary performance in carrying out programs under this 
     Act, which awards shall be based on local performance 
     indicators, as described in section 113, in accordance with 
     previously publicly disclosed priorities;
       ``(11) 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 title II of the Workforce 
     Investment Act of 1998 (20 U.S.C. 9201 et seq.);
       ``(12) providing assistance to individuals, who have 
     participated in services and activities under this title, in 
     finding an appropriate job and continuing their education or 
     training through collaboration with the workforce investment 
     system established under the Workforce Investment Act of 1998 
     (29 U.S.C. 2801 et seq.);
       ``(13) developing valid and reliable assessments of 
     technical skills that are integrated with industry 
     certification assessments where available;
       ``(14) developing and enhancing data systems to collect and 
     analyze data on secondary and postsecondary academic and 
     employment outcomes;
       ``(15) improving--
       ``(A) the recruitment and retention of career and technical 
     education teachers, faculty, principals, 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
       ``(16) adopting, calculating, or commissioning a self-
     sufficiency standard.''; and
       (5) in subsection (d), by striking ``112(a)(2)'' and 
     inserting ``112(a)(2)(A)''.

     SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.

       Section 131 (20 U.S.C. 2351) is amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career'';
       (2) by striking subsection (a);
       (3) by redesignating subsections (b) through (i) as 
     subsections (a) through (h), respectively;
       (4) in subsection (a) (as redesignated by paragraph (3) of 
     this section)--
       (A) in the subsection heading, by striking ``Special 
     Distribution Rules for Succeeding Fiscal Years'' and 
     inserting ``Distribution Rules''; and
       (B) by striking ``for fiscal year 2000 and succeeding 
     fiscal years'';
       (5) in subsection (b) (as redesignated by paragraph (3) of 
     this section)--
       (A) by striking ``subsection (b)'' and inserting 
     ``subsection (a)''; and
       (B) in paragraph (1), by striking ``9902(2))'' and 
     inserting ``9902(2)))'';
       (6) in subsection (e) (as redesignated by paragraph (3) of 
     this section), in the subsection heading, by striking 
     ``Vocational'' and inserting ``Career''; and
       (7) in subsection (g) (as redesignated by paragraph (3) of 
     this section), by striking ``subsections (a), (b), (c), and 
     (d)'' and inserting ``subsections (a), (b), and (c)''.

     SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER AND 
                   TECHNICAL EDUCATION PROGRAMS.

       Section 132 (20 U.S.C. 2352) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER 
                   AND TECHNICAL EDUCATION PROGRAMS.'';

     and
       (2) in subsection (a)--
       (A) in paragraph (1), by inserting ``for career and 
     technical education programs leading to a technical skill 
     proficiency, an industry-recognized credential, a 
     certificate, or an associate's degree'' before the period; 
     and
       (B) in paragraph (2), by inserting ``leading to a technical 
     skill proficiency, an industry-recognized credential, a 
     certificate, or an associate's degree and'' after ``enrolled 
     in programs''.

     SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.

       Section 133 (20 U.S.C. 2353) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL 
                   EDUCATION.'';

     and
       (2) by striking ``vocational'' each place such term appears 
     and inserting ``career''.

[[Page H5071]]

     SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION 
                   PROGRAMS.

       Section 134 (20 U.S.C. 2354) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION 
                   PROGRAMS.'';

       (2) in subsection (a), by inserting ``and workforce 
     investment'' after ``such other educational''; and
       (3) in subsection (b), by striking paragraphs (1) through 
     (10) and inserting the following:
       ``(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 pathways 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 
     challenging academics with career and technical education 
     programs through a coherent sequence of courses to ensure 
     learning in the core academic subjects, and career and 
     technical education subjects;
       ``(C) provide students with strong experience in and 
     understanding of all aspects of an industry; and
       ``(D) ensure that students who participate in such career 
     and technical education programs are taught to the same 
     challenging academic proficiencies as are taught for all 
     other students;
       ``(4) describe how comprehensive professional development 
     will be provided that is consistent with section 122;
       ``(5) describe how parents, students, academic and career 
     and technical education teachers, faculty, principals, 
     administrators, career guidance and academic counselors, 
     representatives of tech-prep consortia (if applicable), 
     representatives of the local workforce investment board (if 
     applicable), representatives of the local economic 
     development entity (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 pathways;
       ``(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--
       ``(A) will 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; and
       ``(B) will provide programs that are designed to enable the 
     special populations to meet the local adjusted levels of 
     performance and prepare for high skill, high wage, or high 
     demand occupations, including those 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 nontraditional fields;
       ``(11) describe how career guidance and academic counseling 
     will be provided to all career and technical education 
     students, including linkages to the information and services 
     available through the one-stop delivery system established 
     under section 121 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2841), as appropriate; and
       ``(12) describe efforts to improve the recruitment and 
     retention of career and technical education teachers, 
     faculty, counselors, principals, and administrators, 
     including individuals in groups underrepresented in the 
     teaching profession, and the transition to teaching from 
     business and industry.''.

     SEC. 118. LOCAL USES OF FUNDS.

       Section 135 (20 U.S.C. 2355) is amended--
       (1) in subsection (a), by striking ``vocational'' and 
     inserting ``career'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``vocational'' and inserting ``career''; and
       (B) by striking paragraphs (1) through (8) and inserting 
     the following:
       ``(1) strengthen the academic and career and technical 
     education 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 pathways described in section 
     122(c)(1)(A), to ensure learning in the core academic 
     subjects and career and technical education subjects;
       ``(2) link secondary career and technical education and 
     postsecondary career and technical education, including by--
       ``(A) offering the relevant elements of not less than 1 
     career pathway described in section 122(c)(1)(A);
       ``(B) developing and supporting articulation agreements 
     between secondary and postsecondary institutions; or
       ``(C) supporting tech-prep programs and consortia;
       ``(3) provide students with strong experience in and 
     understanding of all aspects of an industry;
       ``(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, principals, and administrators to use technology, 
     including distance learning; or
       ``(B) encouraging schools to collaborate with technology 
     industries to offer voluntary internships and mentoring 
     programs;
       ``(5) provide professional development programs that are 
     consistent with section 122 to secondary and postsecondary 
     teachers, faculty, principals, administrators, and career 
     guidance and academic counselors who are involved in 
     integrated career and technical education programs, 
     including--
       ``(A) in-service and pre-service training--
       ``(i) in career and technical education programs and 
     techniques;
       ``(ii) in effective integration of challenging academic and 
     career and technical education jointly with academic 
     teachers, to the extent practicable;
       ``(iii) in effective teaching skills based on research that 
     includes promising practices; and
       ``(iv) in effective practices to improve parental and 
     community involvement;
       ``(B) support of education programs that provide 
     information on all aspects of an industry;
       ``(C) internship programs that provide relevant business 
     experience; and
       ``(D) programs dedicated to the effective use of 
     instructional technology;
       ``(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 (if 
     enrolled in the program), for high skill, high wage, or high 
     demand occupations, including those that will lead to self-
     sufficiency.''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``vocational'' and 
     inserting ``career''; and
       (B) by striking paragraphs (2) through (15) and inserting 
     the following:
       ``(2) to provide career guidance and academic counseling 
     that is based on current labor market indicators, as provided 
     pursuant to 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 partnerships between or among the eligible 
     recipient and a business (including a small business or 
     business intermediary), a local workforce investment board, 
     or a local economic development entity, including for--
       ``(A) work-related experience 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 at the secondary and 
     postsecondary levels; 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 
     instructional equipment, including support for library 
     resources, such as business journals, publications, and other 
     related 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 convenient and accessible 
     for working students, including through the use of distance 
     education;

[[Page H5072]]

       ``(10) to develop initiatives that facilitate the 
     transition of sub-baccalaureate 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 
     inform the students of the opportunities for pursuing a 
     baccalaureate degree and advise 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) for improving or developing new career and technical 
     education courses, including entrepreneurship and development 
     of new career pathways;
       ``(12) to develop and support small, personalized career-
     themed learning communities;
       ``(13) to provide support for family and consumer sciences 
     programs;
       ``(14) to provide career and technical education programs 
     for adults and school dropouts to complete their secondary 
     school education or upgrade their technical skills;
       ``(15) to provide assistance to individuals who have 
     participated in services and activities under this title in 
     finding an appropriate job and continuing their education or 
     training through collaboration with the workforce investment 
     system established under the Workforce Investment Act of 1998 
     (29 U.S.C. 2801 et seq.);
       ``(16) to support activities in nontraditional fields, such 
     as mentoring and outreach; and
       ``(17) to support other career and technical education 
     activities that are consistent with the purpose of this 
     Act.''.

     SEC. 119. TECH-PREP EDUCATION.

       (a) Redesignation.--Title II (20 U.S.C. 2371 et seq.) is 
     amended--
       (1) by striking the title heading and inserting the 
     following:

                    ``PART D--TECH-PREP EDUCATION'';

       (2) by striking sections 201, 202, 206, and 207; and
       (3) by redesignating sections 203, 204, 205, and 208, as 
     sections 141, 142, 143, and 144, respectively.
       (b) State Allotment and Application.--Section 141 (as 
     redesignated by subsection (a) of this section) is amended--
       (1) in subsection (a), by striking ``section 206'' and 
     inserting ``section 144''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) State Application.--Each eligible agency desiring 
     assistance under this part shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Such 
     application shall describe how activities under this part 
     will be coordinated, to the extent practicable, with 
     activities described in section 122.''.
       (c) Tech-Prep Education.--Section 142 (as redesignated by 
     subsection (a) of this section) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``section 203'' and inserting ``section 
     141'';
       (ii) by striking ``title'' and inserting ``part'';
       (iii) by striking ``vocational'' both places the term 
     appears and inserting ``career''; and
       (iv) in subparagraph (A), by inserting ``, educational 
     service agency,'' after ``intermediate educational agency''; 
     and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'';
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(C) employers, including small businesses, or business 
     intermediaries; and
       ``(D) labor organizations.'';
       (2) in subsection (c)--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) consist of not less than 2 years of secondary school 
     with a common core of technical skills and core academic 
     subjects preceding graduation and 2 years or more of higher 
     education, or an apprenticeship program of not less than 2 
     years following secondary instruction, designed to lead to 
     technical skill proficiency, a credential, a certificate, or 
     a degree, in a specific career field;'';
       (B) in paragraph (3)(B), by inserting ``including through 
     the use of articulation agreements, and'' after ``career 
     fields,'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) include in-service professional development for 
     teachers, faculty, principals, 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, including 
     labor market indicators, achievement, and assessments;'';
       (D) in paragraph (5)--
       (i) by striking ``training'' and inserting ``professional 
     development'';
       (ii) in subparagraph (B), by inserting ``, which may 
     include through the use of graduation and career plans'' 
     after ``programs'';
       (iii) in subparagraph (D), by striking ``and'';
       (iv) in subparagraph (E), by inserting ``and'' after the 
     semicolon; and
       (v) by adding at the end the following:
       ``(F) provide comprehensive career guidance and academic 
     counseling to participating students, including special 
     populations;'';
       (E) in paragraph (6)--
       (i) by inserting ``(including pre-apprenticeship 
     programs)'' after ``programs''; and
       (ii) by striking ``and'' after the semicolon;
       (F) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (G) by adding at the end the following:
       ``(8) coordinate with activities conducted under this 
     title.''; and
       (3) in subsection (d)--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(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.''.
       (d) Consortium Applications.--Section 143 (as redesignated 
     by subsection (a) of this section) is amended--
       (1) in subsection (a), by striking ``title'' and inserting 
     ``part'';
       (2) in subsection (b)--
       (A) by striking ``5'' and inserting ``6''; and
       (B) by striking ``title'' and inserting ``part'';
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``or advanced'' after 
     ``baccalaureate'';
       (B) by striking paragraph (4) and inserting the following:
       ``(4) provide education and training in areas or skills, 
     including emerging technology, in which there are significant 
     workforce shortages based on the data provided by the entity 
     in the State under section 118;'';
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) demonstrate success in, or provide assurances of, 
     coordination and integration with eligible recipients 
     described in part C.''; and
       (4) in subsection (e), by striking ``title'' and inserting 
     ``part''.
       (e) Authorization of Appropriations.--Section 144 (as 
     redesignated by subsection (a) of this section) is amended--
       (1) by striking ``title (other than section 207)'' and 
     inserting ``part''; and
       (2) by striking ``1999 and each of the 4'' and inserting 
     ``2006 and each of the 5''.
                      TITLE II--GENERAL PROVISIONS

     SEC. 201. REDESIGNATION OF TITLE.

       (a) Federal Administrative Provisions.--Title III (20 
     U.S.C. 2391 et seq.) is amended by redesignating sections 311 
     through 318 as sections 211 through 218, respectively.
       (b) State Administrative Provisions.--Title III (20 U.S.C. 
     2391 et seq.) is amended by redesignating sections 321 
     through 325 as sections 221 through 225, respectively.
       (c) Title Heading.--The title heading of title III (20 
     U.S.C. 2391 et seq.) is amended to read as follows:
                   ``TITLE II--GENERAL PROVISIONS''.

     SEC. 202. FISCAL REQUIREMENTS.

       Section 211 (as redesignated by section 201 of this Act) is 
     amended--
       (1) by striking ``vocational'' each place the term appears 
     and inserting ``career''; and
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(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 activities authorized under title 
     I unless the Secretary determines that the average fiscal 
     effort per student or the aggregate expenditures of such 
     State for career and technical education programs for the 3 
     fiscal years 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 3 fiscal years preceding the fiscal year for which the 
     determination is made.
       ``(B) Computation.--In computing the average fiscal effort 
     or aggregate expenditures pursuant to subparagraph (A), the 
     Secretary shall exclude capital expenditures, special one-
     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 average 
     fiscal effort per

[[Page H5073]]

     student or the aggregate expenditures of a State required by 
     subparagraph (A) for the 3 preceding fiscal years shall be 
     decreased by the same percentage as the percentage decrease 
     in the amount so made available.''; and
       (B) in paragraph (2), by striking ``fiscal effort'' both 
     places the term appears and inserting ``average fiscal 
     effort''.

     SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION.

       Section 214 (as redesignated by section 201 of this Act) is 
     amended by striking ``vocational'' both places the term 
     appears and inserting ``career''.

     SEC. 204. LIMITATION FOR CERTAIN STUDENTS.

       Section 215 (as redesignated by section 201 of this Act) is 
     amended by striking ``vocational'' and inserting ``career''.

     SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION OF 
                   PRIVATE SCHOOL PERSONNEL.

       Part A of title II (as redesignated by section 201 of this 
     Act) is amended--
       (1) by striking section 217;
       (2) by redesignating section 218 as section 217; and
       (3) in section 217 (as redesignated by paragraph (2) of 
     this section)--
       (A) by inserting ``principals,'' after ``for vocational and 
     technical education teachers,'';
       (B) by inserting ``principals,'' after ``of vocational and 
     technical education teachers,''; and
       (C) by striking ``vocational'' each place the term appears 
     and inserting ``career''.

     SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.

       Section 225(c) (as redesignated by section 201 of this Act) 
     is amended--
       (1) in the subsection heading, by striking ``Vocational'' 
     and inserting ``Career''; and
       (2) by striking ``vocational'' both places the term appears 
     and inserting ``career''.

     SEC. 207. TABLE OF CONTENTS.

       Section 1(b) (20 U.S.C. 2301 note) is amended to read as 
     follows:
       ``(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. 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 program.
``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 school programs.
``Sec. 132. Distribution of funds for postsecondary career and 
              technical 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.

                     ``Part D--Tech-Prep Education

``Sec. 141. State allotment and application.
``Sec. 142. Tech-prep education.
``Sec. 143. Consortium applications.
``Sec. 144. Authorization of appropriations.

                     ``TITLE II--GENERAL PROVISIONS

              ``Part A--Federal Administrative Provisions

``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school personnel.

               ``Part B--State Administrative Provisions

``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State 
              relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Limitation on Federal regulations.
``Sec. 225. Student assistance and other Federal programs.''.

  Mr. McKEON. Mr. Speaker, I ask unanimous consent to strike all after 
the enacting clause of S. 250 and insert in lieu thereof the text of 
H.R. 366 as passed by the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California.
  There was no objection.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read: ``To amend 
the Carl D. Perkins Vocational and Technical Education Act of 1998 to 
strengthen and improve programs under that Act.''
  A motion to reconsider was laid on the table.

                          ____________________