[Congressional Record Volume 152, Number 91 (Thursday, July 13, 2006)]
[Senate]
[Pages S7531-S7538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         VOCATIONAL AND TECHNICAL EDUCATION FOR THE FUTURE ACT

  Mr. FRIST. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 250) to amend 
the Carl D. Perkins Vocational and Technical Education Act of 1998 to 
improve the Act.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                 S. 250

       Resolved, That the bill from the Senate (S. 250) entitled 
     ``An Act to amend the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 to improve the Act'', do pass 
     with the following Amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Vocational and Technical 
     Education for the Future Act''.

     SEC. 2. REFERENCES.

       Wherever in this Act an amendment is expressed in terms of 
     an amendment to or repeal of a section or other provision, 
     the amendment or repeal 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. PURPOSES AND DEFINITIONS.

       (a) Purposes.--Section 2(2) (20 U.S.C. 2301(2)) is amended 
     by inserting ``rigorous and challenging'' after 
     ``integrate''.
       (b) Definitions.--Section 3 (20 U.S.C. 2302) is amended--
       (1) by striking paragraph (26) and redesignating paragraphs 
     (21) through (25) as paragraphs (23) through (27), and 
     paragraphs (27) through (30) as paragraphs (29) through (32), 
     respectively;
       (2) by redesignating paragraphs (4) through (20) as 
     paragraphs (5) through (21), respectively, and inserting 
     after paragraph (3) the following:
       ``(4) Articulation agreement.--The term `articulation 
     agreement' means a written commitment, agreed upon at the 
     State level or approved annually and facilitated by the lead 
     administrators of the secondary and postsecondary consortia 
     members as described in section 135(b)(3)(A), to provide a 
     program designed to provide students with a nonduplicative 
     sequence of progressive achievements leading to degrees, 
     certificates, or credentials in a tech-prep education program 
     linked through credit transfer agreements.'';
       (3) in paragraph (5) (as so redesignated), by inserting 
     ``to students (and parents, as appropriate)'' after 
     ``providing access'';
       (4) in paragraph (6) (as so redesignated), by striking 
     ``section 5206'' and inserting ``section 5210'';
       (5) in paragraph (7) (as so redesignated)--
       (A) by striking ``method of instruction'' and inserting 
     ``method''; and
       (B) by inserting ``rigorous and challenging'' after 
     ``required'';
       (6) in paragraph (11)(A) (as so redesignated), by striking 
     ``an'' and inserting ``a public or nonprofit private'';
       (7) in paragraph (18) (as so redesignated)--
       (A) in the paragraph heading, by striking ``training and 
     employment'' and inserting ``fields'';

[[Page S7532]]

       (B) by striking ``training and employment'' and inserting 
     ``fields''; and
       (C) by inserting ``current and'' after ``technology, and 
     other'';
       (8) in paragraph (19) (as so redesignated), by striking 
     ``the Republic of the Marshall Islands, the Federated States 
     of Micronesia,'';
       (9) by inserting after paragraph (21) (as so redesignated) 
     the following:
       ``(22) Scientifically based research.--The term 
     `scientifically based research' has the meaning given that 
     term in section 9101(37) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801(37)).'';
       (10) in paragraph (25) (as so redesignated)--
       (A) in subparagraph (C), by striking ``training and 
     employment'' and inserting ``fields'';
       (B) in subparagraph (E), by striking ``and'';
       (C) in subparagraph (F)--
       (i) by striking ``individuals with other barriers to 
     educational achievement, including''; and
       (ii) by striking the period and inserting ``; and''; and
       (D) by inserting after subparagraph (F) the following:
       ``(G) individuals with other barriers to educational 
     achievement, as determined by the State.'';
       (11) by inserting after paragraph (27) (as so redesignated) 
     the following:
       ``(28) Supportive services.--The term `supportive services' 
     means services such as transportation, child care, dependent 
     care, and needs-based payments, that are necessary to enable 
     an individual to participate in activities authorized under 
     this Act.'';
       (12) in paragraph (29) (as so redesignated), by striking 
     ``section 2'' and inserting ``section 2(a)(4)'';
       (13) in paragraph (30) (as so redesignated)--
       (A) by inserting ``of subsection (a)'' after ``paragraph 
     (2)''; and
       (B) by striking ``paragraph (5)(A) of such section'' and 
     inserting ``paragraph (5)(A) of such subsection''; and
       (14) by amending paragraph (31)(A) (as so redesignated) to 
     read as follows:
       ``(A) offer a sequence of courses that--
       ``(i) provides individuals with the rigorous and 
     challenging academic and technical knowledge and skills the 
     individuals need to prepare for further education and for 
     careers (other than careers requiring a master's or doctoral 
     degree) in current or emerging employment sectors;
       ``(ii) may include the provision of skills or courses 
     necessary to enroll in a sequence of courses that meet the 
     requirements of this subparagraph; and
       ``(iii) provides, at the postsecondary level, for a 1-year 
     certificate, an associate degree, or industry-recognized 
     credential; and''.

     SEC. 4. TRANSITION PROVISIONS.

       Section 4 (20 U.S.C. 2303) is amended--
       (1) by striking ``the Carl D. Perkins Vocational and 
     Applied Technology Education Act'' and inserting ``the `Carl 
     D. Perkins Vocational and Technical Education Act of 1998' 
     ''; and
       (2) by striking ``the Carl D. Perkins Vocational and 
     Applied Technology Education Amendments of 1998'' and 
     inserting ``the Vocational and Technical Education for the 
     Future Act. Each eligible agency shall be assured 1 full 
     fiscal year for transition, to plan for and implement the 
     requirements of this Act''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 8 (20 U.S.C. 2307) is amended to read as follows:

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     Act (other than subsection (a), (b), and (c) of section 114, 
     and sections 117 and 118) $1,307,000,000 for fiscal year 2006 
     and such sums as may be necessary for each of fiscal years 
     2007 through 2011.''.

     SEC. 6. PROHIBITIONS.

       (a) In General.--The Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2301 et seq.) is 
     amended by adding after section 8 the following new section:

     ``SEC. 9. PROHIBITIONS.

       ``(a) Local Control.--Nothing in this Act shall be 
     construed to authorize an officer or employee of the Federal 
     government to mandate, direct, or control a State, local 
     educational agency, or school's curriculum, program of 
     instruction, or allocation of State or local resources, or 
     mandate a State or any subdivision thereof to spend any funds 
     or incur any costs not paid for under this Act.
       ``(b) No Preclusion of Other Assistance.--Any State that 
     declines to submit an application to the Secretary for 
     assistance under this Act shall not be precluded from 
     applying for assistance under any other program administered 
     by the Secretary.
       ``(c) Prohibition on Requiring Federal Approval or 
     Certification of Standards.--Notwithstanding any other 
     provision of Federal law, no State shall be required to have 
     academic and vocational and technical content or student 
     academic and vocational and technical achievement standards 
     approved or certified by the Federal government, in order to 
     receive assistance under this Act.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to affect the requirements under section 113.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1(b) is amended by inserting after the item relating 
     to section 8 the following:

``Sec. 9. Prohibitions.''.

     SEC. 7. ALLOTMENT AND ALLOCATION TO STATES.

       (a) Allotment for National Activities for 2006.--Section 
     111(a)(1) (20 U.S.C. 2321(a)(1)) is amended to read as 
     follows:
       ``(1) Reservations.--From the sum appropriated under 
     section 8 for each fiscal year, the Secretary shall reserve--
       ``(A) 0.12 percent to carry out section 115;
       ``(B) 1.50 percent to carry out section 116, of which--
       ``(i) 1.25 percent of the sum shall be available to carry 
     out section 116(b); and
       ``(ii) 0.25 percent of the sum shall be available to carry 
     out section 116(h); and
       ``(C) 0.54 percent to carry out section 114(d).''.
       (b) Minimum Allotments.--Section 111(a) (20 U.S.C. 2321(a)) 
     is further amended--
       (1) in paragraph (3), by striking ``(or in the case of 
     fiscal year 1999'' and all that follows through ``Amendments 
     of 1998)'' each place it appears and inserting ``(or in the 
     case of fiscal year 2006 only, under this section and under 
     title II of this Act, as such section and title were in 
     effect on the day before the date of enactment of the 
     Vocational and Technical Education for the Future Act)''; and
       (2) by amending paragraph (4)(A) to read as follows:
       ``(A) In general.--No State shall receive an allotment 
     under this section for a fiscal year that is less than the 
     allotment the State received for fiscal year 2005 under this 
     section and under title II of this Act (as such section and 
     title were in effect on the day before the date of enactment 
     of the Vocational and Technical Education for the Future 
     Act).''.
       (c) Within State Allocation.--Section 112 (20 U.S.C. 2322) 
     is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Allocation Formula.--From the amount allotted to each 
     State under section 111 for a fiscal year, the State board 
     (hereinafter referred to as the `eligible agency') shall 
     allocate such amount as follows:
       ``(1) Subject to paragraph (4), not less than 88 percent 
     shall be made available for distribution under section 131 or 
     132, of which the eligible agency shall first make available 
     for the activities described in section 135(b)(3) an amount 
     equal to the amount allotted in fiscal year 2005 to such 
     eligible agency under title II of this Act (as such title was 
     in effect on the day before the date of enactment of the 
     Vocational and Technical Education for the Future Act), 
     reduced by the percentage by which the amount allotted to the 
     State under section 111 for the fiscal year is less than the 
     amount allotted under such section to such State for fiscal 
     year 2005. Of the remainder of the 88 percent, not more than 
     10 percent may be used in accordance with subsection (c).
       ``(2) Subject to paragraph (4), not more than 10 percent 
     shall be made available to carry out State leadership 
     activities described in section 124, of which--
       ``(A) an amount equal to not more than 1 percent of the 
     amount allotted to the State under section 111 for the fiscal 
     year shall be made available to serve individuals in State 
     institutions, such as State correctional institutions and 
     institutions that serve individuals with disabilities; and
       ``(B) not less than $60,000 and not more than $150,000 
     shall be available for services that prepare individuals for 
     nontraditional fields.
       ``(3) An amount equal to not more than 2 percent, or 
     $250,000, whichever is greater, shall be made available for 
     administration of the State plan, which may be used for the 
     costs of--
       ``(A) developing the State plan;
       ``(B) reviewing the local plan;
       ``(C) monitoring and evaluating program effectiveness;
       ``(D) assuring compliance with all applicable Federal laws; 
     and
       ``(E) providing technical assistance.
       ``(4) If the amount allocated for any fiscal year under 
     paragraph (2) shall be less than the amount allocated under 
     such paragraph for fiscal year 2005, additional amounts may 
     be made available from the amount allocated under paragraph 
     (1) for the purposes described in paragraph (2). If such 
     additional amounts are made available under this paragraph, 
     the percentage of the total amount allotted under section 111 
     that is allocated for the purposes described in paragraph (2) 
     shall not exceed the percentage of the total amount allotted 
     under section 111 for fiscal year 2005 that was allocated 
     under paragraph (2) for fiscal year 2005.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking the semicolon and 
     inserting ``; and'';
       (ii) in subparagraph (C), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (D); and
       (B) in paragraph (2), by striking ``through (D)'' and 
     inserting ``through (C)''.

     SEC. 8. ACCOUNTABILITY.

       (a) Purpose.--Section 113(a) (20 U.S.C. 2323(a)) is 
     amended--
       (1) by striking ``establish a State'' and inserting 
     ``support a State and local''; and
       (2) by inserting ``and its eligible recipients'' after 
     ``effectiveness of the State''.
       (b) State Performance Measures.--Section 113(b) (20 U.S.C. 
     2323(b)) is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively;
       (B) in subparagraph (A)--
       (i) in the subparagraph heading, by inserting ``for 
     secondary students'' after ``performance'';
       (ii) by inserting ``of secondary students that are, to the 
     extent practicable, valid and reliable and'' after 
     ``indicators of performance'';
       (iii) in clause (i), by striking ``State established 
     academic,'' and inserting ``academic content and achievement 
     standards, as established by the State under section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(1)),'';
       (iv) in clause (ii)--

[[Page S7533]]

       (I) by striking ``or its recognized equivalent,'' and 
     inserting ``, General Education Development credential (GED), 
     or other State-recognized equivalent (including recognized 
     alternative standards for individuals with disabilities), 
     or''; and
       (II) by striking ``, or a postsecondary degree or 
     credential'';

       (v) by amending clause (iii) to read as follows:
       ``(iii) Student graduation rates (as described in section 
     1111(b)(2)(C)(vi) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))).'';
       (vi) by redesignating clause (iv) as clause (v) and 
     inserting after clause (iii) the following:
       ``(iv) Placement in postsecondary education or advanced 
     training, placement in military service, or placement in 
     employment.''; and
       (vii) in clause (v) (as so redesignated), by striking 
     ``training and employment'' and inserting ``fields'';
       (C) by inserting after subparagraph (A) the following:
       ``(B) Core indicators of performance for postsecondary 
     students.--Each eligible agency shall identify in the State 
     plan core indicators of performance of postsecondary students 
     that are, to the extent practicable, valid and reliable, and 
     that include, at a minimum, measures of each of the 
     following:
       ``(i) Student attainment of challenging academic and 
     vocational and technical skill proficiencies.
       ``(ii) Student retention in postsecondary education, 
     attainment of an associate degree or postsecondary 
     credential, or transfer to a baccalaureate degree program.
       ``(iii) Placement in military service or placement or 
     retention in employment.
       ``(iv) Student participation in and completion of 
     vocational and technical education programs in nontraditional 
     fields.'';
       (D) in subparagraph (C) (as so redesignated), by striking 
     ``under the title'' and inserting ``under this title''; and
       (E) in subparagraph (D) (as so redesignated), by inserting 
     ``vocational and technical education'' after ``has developed 
     State''; and
       (2) in paragraph (3)--
       (A) by amending the paragraph heading to read as follows:
       ``(3) State levels of performance.--''; and
       (B) in subparagraph (A)--
       (i) in clause (i)--

       (I) by striking ``paragraph (2)(A)'' and inserting 
     ``subparagraphs (A) and (B) of paragraph (2)''; and
       (II) in subclause (II), by striking ``to continually'' and 
     all that follows through ``performance'', and inserting ``to 
     make continuous and substantial improvement in the academic 
     and vocational and technical achievement'';

       (ii) by amending clause (v) to read as follows:
       ``(v) Agreement on state adjusted levels of performance for 
     subsequent years.--

       ``(I) 3rd and 4th program years.--Prior to the third 
     program year covered by the State plan, the Secretary and 
     each eligible agency shall reach agreement on the State 
     adjusted levels of performance for each of the core 
     indicators of performance for the third and fourth programs 
     years covered by the State plan, taking into account the 
     factors described in clause (vi).
       ``(II) 5th and 6th program years.--Prior to the fifth 
     program year covered by the State plan, the Secretary and 
     each eligible agency shall reach agreement on the State 
     adjusted levels of performance for each of the core 
     indicators of performance for the fifth and sixth programs 
     years covered by the State plan, taking into account the 
     factors described in clause (vi).
       ``(III) Agreements incorporated into state plan.--The State 
     adjusted levels of performance agreed to under this clause 
     shall be considered the State adjusted levels of performance 
     for the State for such years and shall be incorporated into 
     the State plan.'';

       (iii) in clause (vi)(II), by inserting ``and substantial'' 
     after ``continuous''; and
       (iv) in clause (vii)--

       (I) by striking ``clause (vi)(II)'' and inserting ``clause 
     (vi)''; and
       (II) by striking ``under clause (iii) or (vi)'' and 
     inserting ``under clause (iii) or (v)''.

       (c) Local Levels of Performance.--Section 113(b) is further 
     amended by adding at the end the following:
       ``(4) Local levels of performance.--
       ``(A) Local adjusted levels of performance for core 
     indicators of performance.--
       ``(i) In general.--Each eligible recipient shall establish 
     in the local plan submitted under section 134, levels of 
     performance for each of the core indicators of performance 
     described in paragraph (2)(A) and (B), as appropriate for the 
     eligible recipient, for vocational 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 substantial improvement in the academic and vocational 
     and technical achievement of vocational 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 on the levels of performance 
     for each of the core indicators of performance, for the first 
     2 program years covered by the local plan, taking into 
     account the levels identified in the local plan under clause 
     (ii) and the factors described in clause (v). The levels of 
     performance agreed to under this clause shall be considered 
     to be the local adjusted level of performance for the 
     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.--

       ``(I) 3rd and 4th program years.--Prior to the third 
     program year 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 third and fourth program 
     years covered by the local plan, taking into account the 
     factors described in clause (v).
       ``(II) 5th and 6th program years.--Prior to the fifth 
     program year covered by the local plan, the 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 fifth and sixth program 
     years covered by the local plan, taking into account the 
     factors described in clause (v).
       ``(III) Agreements incorporated into local plan.--The local 
     adjusted levels of performance agreed to under this clause 
     shall be considered to be the local adjusted levels of 
     performance for the eligible recipient for such years and 
     shall be incorporated into the local plan.

       ``(v) Factors.--The agreement 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 such levels of performance 
     promote continuous and substantial improvement on the 
     indicators of performance by such eligible recipient.

       ``(vi) Revisions.--If unanticipated circumstances arise 
     with respect to an eligible recipient resulting in a 
     significant change in the factors described in clause (v), 
     the eligible recipient may request that the local adjusted 
     levels of performance agreed to under clause (iii) or (iv) be 
     revised. The eligible agency shall issue objective criteria 
     and methods for making such revisions.
       ``(B) Levels of performance for additional indicators.--
     Each eligible recipient may identify in the local plan, local 
     levels of performance for any additional indicators of 
     performance. Such levels shall be considered to be the local 
     levels of performance for purposes of this title.
       ``(C) Local report.--
       ``(i) Content of report.--Each eligible recipient that 
     receives an allotment under section 111 shall annually 
     prepare and submit to the eligible agency a report 
     regarding--

       ``(I) the progress of such recipient in achieving the local 
     adjusted levels of performance on the core indicators of 
     performance; and
       ``(II) in the case of an eligible recipient that receives 
     funds described in section 112(a) for activities described in 
     section 135(b)(3), the progress in achieving the local 
     adjusted levels of performance on the core indicators of 
     performance with respect to tech-prep program participants.

       ``(ii) Data.--Each eligible recipient shall--

       ``(I) disaggregate data for each of the indicators of 
     performance under section 113(b)(2) for the categories of 
     students enumerated under section 1111(b)(2)(C)(v)(II) of the 
     Elementary and Secondary Education Act of 1965 that are 
     served under this Act; and
       ``(II) identify and quantify any disparities or gaps in 
     performance between any such category of students and the 
     performance of all students served by the eligible recipient 
     under the Act.

       ``(iii) Rules for reporting of data.--The disaggregation of 
     data under clause (ii) shall be required except in a case in 
     which the number of students in a category is insufficient to 
     yield statistically reliable information or in which the 
     results would reveal personally identifiable information 
     about an individual student.
       ``(iv) Availability.--The report described in clause (i) 
     shall be made available to the public through a variety of 
     formats, including electronically through the Internet.''.
       (d) State Report.--Section 113(c) (20 U.S.C. 2323(c)) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively, and inserting after paragraph (1) 
     the following:
       ``(2) Data.--Each eligible agency under this subsection 
     shall--
       ``(A) disaggregate data for each of the indicators of 
     performance under section 113(b)(2) for the categories of 
     students enumerated under section 1111(b)(2)(C)(v)(II) of the 
     Elementary and Secondary Education Act of 1965 that are 
     served under this Act; and
       ``(B) identify and quantify any disparities or gaps in 
     performance between any such category of students and the 
     performance of all students served by the eligible agency 
     under the Act.
       ``(3) Rules for reporting of data.--The disaggregation of 
     data under paragraph (2) shall be required except in a case 
     in which the number of students in a category is insufficient 
     to yield statistically reliable information or in which the 
     results would reveal personally identifiable information 
     about an individual student.''; and
       (2) in paragraph (4) (as so redesignated)--
       (A) by striking ``special populations'' and inserting 
     ``each of the populations described in section 3(25) and the 
     populations described in section 1111(h)(1)(C)(i) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(h)(1)(C)(i))''; and
       (B) by striking ``have made'' and inserting ``has made''.

[[Page S7534]]

     SEC. 9. NATIONAL ACTIVITIES.

       (a) Program Performance Information.--Section 114(a)(3) (20 
     U.S.C. 2324(a)(3)) is amended by inserting ``in the 
     aggregate'' after ``international comparisons''.
       (b) Evaluation and Assessment.--Section 114(c) (20 U.S.C. 
     2324(c)) is amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) Independent advisory panel.--The Secretary shall 
     appoint an independent advisory panel, consisting of academic 
     and vocational and technical education educators, 
     administrators, experts in evaluation, research, and 
     assessment, representatives of labor organizations, 
     businesses, parents, guidance and counseling professionals, 
     and other individuals with relevant expertise, to advise the 
     Secretary on the implementation of the assessment described 
     in paragraph (3), including the issues to be addressed and 
     the methodology of the studies involved to ensure the 
     assessment adheres to the highest standards of quality. The 
     advisory panel shall transmit to the Secretary and to 
     Congress an independent analysis of the findings and 
     recommendations resulting from such assessment. The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     panel established under this subsection.'';
       (2) in paragraph (3)--
       (A) in subparagraph (A), by inserting ``the implementation 
     of the'' after ``and assessment of'';
       (B) in subparagraph (B)--
       (i) by inserting ``but shall not be limited to'' after 
     ``paragraph (1) shall include'';
       (ii) by striking clauses (i), (ii), (iv), and (vii) and 
     redesignating clauses (iii), (v), (vi), and (viii) as clauses 
     (i) through (iv), respectively;
       (iii) in clause (i) (as so redesignated), by striking ``, 
     and academic, curricula in vocational and technical education 
     programs,'' and inserting ``education (such as meeting State 
     established teacher certification or licensing 
     requirements)''; and
       (iv) in clause (ii) (as so redesignated)--

       (I) by striking ``and employment outcomes'' and all that 
     follows through ``including analyses of'' and inserting ``and 
     vocational and technical education achievement and employment 
     outcomes of vocational and technical education students, 
     including analyses of'';
       (II) in subclause (I), by striking ``and tech-prep 
     students'' and inserting ``and students participating in the 
     activities described in section 135(b)(3)'';
       (III) in subclause (II), by striking ``academic, and 
     vocational and technical, education'' and inserting 
     ``rigorous and challenging academic and vocational and 
     technical education, including a review of the effect of 
     integrated rigorous and challenging academic and vocational 
     and technical education on the achievement of students''; and
       (IV) in subclause (III), by inserting ``, particularly 
     those in which math and science skills are critical,'' after 
     ``high-skill careers''; and

       (C) in subparagraph (C)--
       (i) in clause (i)--

       (I) by striking ``the Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Labor and Human Resources of the Senate'' and inserting 
     ``Congress''; and
       (II) by striking ``2002'' and inserting ``2009'' both 
     places it appears; and

       (ii) in clause (ii), by striking ``the Committee on 
     Education and the Workforce of the House of Representatives, 
     the Committee on Labor and Human Resources of the Senate,'' 
     and inserting ``Congress'';
       (3) in paragraph (5)(A)--
       (A) by striking ``to carry out research'' each place it 
     appears, and inserting ``to carry out scientifically based 
     research'';
       (B) in clause (i), by inserting ``scientifically based'' 
     after ``programs, including'';
       (C) in clause (ii), by inserting ``that are integrated with 
     rigorous and challenging academic education'' after 
     ``implementation of vocational and technical education 
     programs''; and
       (D) in clause (iii)(I), by inserting ``and the integration 
     of those systems with the academic education system'' after 
     ``technical education systems'';
       (4) in paragraph (6)--
       (A) by striking:
       ``(6) Demonstrations and dissemination.--
       ``(A) Demonstration program.--The'', and inserting:
       ``(6) Demonstrations and dissemination.--The''; and
       (B) by striking subparagraph (B); and
       (5) in paragraph (8), by striking ``this section'' and all 
     that follows and inserting ``subsections (a), (b), and (c) of 
     this section, such sums as may be necessary for each of 
     fiscal years 2006 through 2011.''.
       (c) Incentive Grants for Eligible Agencies.--Section 114 is 
     further amended by adding at the end the following new 
     subsection:
       ``(d) Incentive Grants for Eligible Agencies.--
       ``(1) In general.--From funds reserved under section 
     111(a)(1)(C), the Secretary may award grants to eligible 
     agencies for exemplary performance in carrying out programs 
     under this Act. Such awards shall be based on an eligible 
     agency exceeding State adjusted levels of performance 
     established under section 113(b) and showing sustained or 
     significant improvement.
       ``(2) Special consideration.--In awarding these grants, the 
     Secretary may consider--
       ``(A) an eligible agency's success in effectively 
     developing connections between secondary education and 
     postsecondary education and training;
       ``(B) an eligible agency's integration of rigorous and 
     challenging academic and technical coursework; and
       ``(C) an eligible agency's progress in having special 
     populations participating in vocational and technical 
     education meet State adjusted levels of performance.
       ``(3) Use of funds.--The funds awarded to an eligible 
     agency under this subsection may be used to carry out any 
     activities authorized under section 124, including 
     demonstrations of innovative programs.''.

     SEC. 10. OUTLYING AREAS, NATIVE AMERICAN PROGRAMS, AND 
                   TRIBALLY CONTROLLED INSTITUTIONS.

       (a) Assistance for the Outlying Areas.--Section 115 (20 
     U.S.C. 2325) is amended to read as follows:

     ``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.

       ``(a) Outlying Areas.--From funds reserved pursuant to 
     section 111(a)(1)(A), the Secretary shall--
       ``(1) make a grant in the amount of $660,000 to Guam;
       ``(2) make a grant in the amount of $350,000 to each of 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands; and
       ``(3) make a grant in the amount of $160,000 to the 
     Republic of Palau.
       ``(b) Remainder.--Subject to the provisions of subsection 
     (a), the Secretary shall make a grant of the remainder of 
     funds reserved pursuant to section 111(a)(1)(A), in equal 
     proportion, to each of Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, for the purpose 
     of providing direct vocational and technical educational 
     services, including--
       ``(1) teacher and counselor training and retraining;
       ``(2) curriculum development; and
       ``(3) the improvement of vocational and technical education 
     and training programs in secondary schools and institutions 
     of higher education, or improving cooperative education 
     programs involving both secondary schools and institutions of 
     higher education.
       ``(c) Restriction.--The Republic of Palau shall cease to be 
     eligible to receive funding under this section upon entering 
     into an agreement for extension of United States educational 
     assistance under the Compact of Free Association after the 
     date of enactment of the Vocational and Technical Education 
     for the Future Act.''.
       (b) Native American Program.--Section 116 (20 U.S.C. 2326) 
     is amended--
       (1) in subsection (a), by inserting a period at the end of 
     paragraph (5); and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``subsection (d)'' and 
     inserting ``subsection (c)''; and
       (B) in paragraph (2), by striking ``(other than in 
     subsection (i))''.
       (c) Tribally Controlled Institutions.--Section 117 (20 
     U.S.C. 2327) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Uses of Grants.--Amounts made available under this 
     section shall be used for vocational and technical education 
     programs for Indian students and for institutional support 
     costs of the grant, including the expenses described in 
     subsection (e).'';
       (2) in subsection (c), by inserting after paragraph (2) the 
     following:
       ``(3) Indirect costs.--Notwithstanding any other provision 
     of law or regulation, the Secretary shall not require the use 
     of a restricted indirect cost rate for grants issued under 
     this section.'';
       (3) by striking subsection (g) and redesignating 
     subsections (h) and (i) as subsections (g) and (h), 
     respectively; and
       (4) in subsection (h) (as so redesignated)--
       (A) by striking ``$4,000,000 for fiscal year 1999 and''; 
     and
       (B) by striking ``the 4 succeeding fiscal years'' and 
     inserting ``fiscal years 2006 through 2011''.
       (d) Occupational and Employment Information.--Section 118 
     (20 U.S.C. 2328) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) State Level Activities.--
       ``(1) Designated entity.--In order for a State to receive a 
     grant under this section, the eligible agency and the 
     Governor of the State shall jointly designate an entity in 
     the State responsible for conducting the activities in this 
     subsection.
       ``(2) Application.--The jointly designated agency shall 
     submit an application to the Secretary at the same time the 
     State submits its state plan under section 122. The 
     application shall be in such a manner and be accompanied by 
     such information as the Secretary may reasonably require. At 
     a minimum, the application shall describe how the jointly 
     designated agency will assist the eligible agency in meeting 
     its adjusted levels of performance under section 113(b).
       ``(3) Activities.--The jointly designated agency shall 
     conduct activities--
       ``(A) to provide support for career guidance and academic 
     counseling programs designed to promote improved career and 
     education decision making by students (and parents, as 
     appropriate) regarding education and training options and 
     preparations for high skill, high wage occupations;
       ``(B) to make available to students, parents, teachers, 
     administrators, and counselors, and improve accessibility to, 
     information and planning resources that relate academic and 
     vocational and technical educational preparation to career 
     goals and expectations;
       ``(C) to equip teachers, administrators, and counselors 
     with the knowledge, skills, and occupational information 
     needed to assist students and parents with educational and 
     other postsecondary opportunities and education financing;
       ``(D) to assist appropriate State entities in tailoring 
     resources and training for use by such entities;
       ``(E) to improve coordination and communication among 
     administrators and planners of programs authorized by this 
     Act and by section 15

[[Page S7535]]

     of the Wagner-Peyser Act (29 U.S.C. 49l-2) at the Federal, 
     State, and local levels to ensure nonduplication of efforts 
     and the appropriate use of shared information and data; and
       ``(F) to provide ongoing means for customers, such as 
     students and parents, to provide comments and feedback on 
     products and services and to update resources, as 
     appropriate, to better meet customer requirements.'';
       (2) in subsection (e)(1), by striking ``an identification'' 
     and inserting ``a description''; and
       (3) in subsection (f), by striking ``1999 through 2003'' 
     and inserting ``2006 through 2011''.

     SEC. 11. STATE ADMINISTRATION.

       Section 121 (20 U.S.C. 2341) is amended to read as follows:

     ``SEC. 121. STATE ADMINISTRATION.

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

     SEC. 12. STATE PLAN.

       Section 122 (20 U.S.C. 2342) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``5-year period'' and 
     inserting ``6-year period'';
       (B) in paragraph (2)(B), by striking ``5 year State plan'' 
     and inserting ``6-year period''; and
       (C) in paragraph (3), by striking ``(including employers, 
     labor organizations, and parents)'' and inserting 
     ``(including charter school authorizers and organizers, 
     employers, labor organizations, parents, students, and 
     community organizations)'';
       (2) in subsection (b)(1), by striking ``teachers, eligible 
     recipients, parents, students, interested community members'' 
     and inserting ``academic and vocational and technical 
     education teachers, eligible recipients, charter school 
     authorizers and organizers, parents, students, interested 
     community members (including parent and community 
     organizations), institutions of higher education'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A) through (D) as 
     subparagraphs (B) through (E), respectively, and inserting 
     before such subparagraphs (as so redesignated) the following:
       ``(A) the development of model sequences of courses for 
     vocational and technical content areas that--
       ``(i) incorporate both secondary and postsecondary 
     education elements;
       ``(ii) include rigorous and challenging academic content 
     and vocational and technical content in a coordinated, 
     nonduplicative progression of courses that align secondary 
     education with postsecondary education to adequately prepare 
     students to succeed in postsecondary education;
       ``(iii) lead to a postsecondary 1-year certificate, 
     associate or baccalaureate degree, or a proficiency 
     credential in conjunction with a secondary school diploma; 
     and
       ``(iv) may be adopted by local educational agencies and 
     postsecondary institutions to be offered as an option to 
     students (and their parents as appropriate), when choosing 
     future coursework;'';
       (ii) in subparagraph (B) (as so redesignated), by inserting 
     ``and how the eligible agency will distribute information 
     identifying eligible recipients that offer elements of the 
     model sequences of courses'' before the semicolon;
       (iii) by amending subparagraph (C) (as so redesignated) to 
     read as follows:
       ``(C) the criteria that will be used by the eligible agency 
     to evaluate and approve eligible recipients for funds under 
     this title, including criteria to assess the extent to which 
     the local plan will promote continuous and substantial 
     improvement in academic achievement and technical skill 
     attainment;'';
       (iv) in subparagraph (D) (as so redesignated)--

       (I) by inserting ``, both academically and technically,'' 
     after ``students''; and
       (II) by striking ``; and'' and inserting ``, and how 
     participating students will be made aware of such 
     opportunities;'';

       (v) in subparagraph (E) (as so redesignated), by inserting 
     ``aligned with rigorous and challenging academic content'' 
     before the semicolon; and
       (vi) by inserting after subparagraph (E) (as so 
     redesignated) the following:
       ``(F) the process through which the eligible agency will 
     develop the secondary or postsecondary elements of the model 
     sequences of courses described in subparagraph (A);
       ``(G) the role that any eligible recipients successfully 
     implementing the activities described in section 135(b)(3) 
     will play in assisting other eligible recipients in 
     establishing agreements and plans for coordinating the 
     offering of model sequences of courses to students at both 
     the secondary and postsecondary levels;
       ``(H) how funds will be used effectively to link secondary 
     and postsecondary academic and vocational and technical 
     education in a manner that increases student academic and 
     vocational and technical achievement; and
       ``(I) how the eligible agency will report the integration 
     of rigorous and challenging academics in vocational and 
     technical education programs in order to adequately evaluate 
     the quality of such integration;'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) describes how comprehensive professional development 
     (including initial teacher preparation and activities that 
     support recruitment) for vocational and technical, academic, 
     guidance, and administrative personnel will be provided, 
     especially professional development that--
       ``(A) promotes the integration of rigorous and challenging 
     academic and vocational and technical education curriculum 
     development;
       ``(B) increases the percentage of teachers that meet 
     teacher certification or licensing requirements;
       ``(C) increases the academic and industry knowledge of 
     vocational and technical education teachers; and
       ``(D) encourages applied learning that contributes to the 
     academic and vocational and technical knowledge of the 
     student;'';
       (C) in paragraph (3), by inserting ``academic and 
     vocational and technical'' after ``parents,'';
       (D) in paragraph (5)(A)--
       (i) by inserting ``(especially as pertaining to math, 
     science, and technology)'' after ``academic and technical 
     skills''; and
       (ii) by striking ``core academic, and vocational and 
     technical, subjects'' and inserting ``core academic subjects 
     (as defined in section 9101(11) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801(11))), and 
     vocational and technical subjects'';
       (E) in paragraph (11), by inserting ``and technology'' 
     after ``equipment'';
       (F) by striking paragraph (19) and redesignating paragraphs 
     (12) through (18) as paragraphs (13) through (19), 
     respectively;
       (G) by inserting after paragraph (11) the following:
       ``(12) describes how the eligible agency will ensure that 
     any entity in the State that purchases equipment with funds 
     under this Act will dispose of that equipment in such a 
     manner as to ensure that any personally identifiable 
     information contained in that equipment will be totally 
     destroyed prior to, or as part of, the disposition;'';
       (H) in paragraph (18) (as so redesignated), by striking 
     ``training and employment'' and inserting ``fields''; and
       (I) by redesignating paragraphs (20) and (21) as paragraphs 
     (22) and (23), respectively, and inserting after paragraph 
     (19) (as so redesignated) the following:
       ``(20) describes how the eligible agency will award grants, 
     on a competitive basis or on the basis of a formula 
     determined by the eligible agency, using funds described in 
     section 112 (a) (1) for activities described in section 
     135(b)(3);
       ``(21) describes how the eligible agency will carry out 
     measurable, sustainable, and coordinated tech-prep activities 
     in the State (as described in section 135(b)(3)), with funds 
     allocated under section 112(a), that are developed in 
     consultation with the entities described in subsection (b)(1) 
     and that effectively prepare students for post-secondary 
     education or employment in high-demand occupations through a 
     seamless program of study consisting of appropriate advanced 
     academic and technical courses that include a minimum of 2 
     years of secondary school preceding graduation and a minimum 
     of 2 years of higher education or an apprenticeship program 
     of at least 2 years following secondary instruction;''; and
       (4) by striking subsections (d) and (f) and redesignating 
     subsection (e) as subsection (d).

     SEC. 13. IMPROVEMENT PLANS.

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

     ``SEC. 123. IMPROVEMENT PLANS.

       ``(a) State Program Improvement.--
       ``(1) Plan.--If a State fails to meet the agreed upon State 
     adjusted levels of performance required under section 
     113(b)(3), the eligible agency shall develop and implement a 
     program improvement plan (with special consideration to 
     performance gaps identified under section 113(c)(2)) in 
     consultation with the appropriate agencies, individuals, and 
     organizations 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 purposes 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) Subsequent action.--
       ``(A) In general.--If an eligible agency fails to meet the 
     State adjusted levels of performance and the purposes of this 
     Act, has not implemented an improvement plan as described in 
     paragraph (1), has shown no improvement within 1 year after 
     implementing an improvement

[[Page S7536]]

     plan as described in paragraph (1), or has failed to meet the 
     State adjusted levels of performance and the purposes of this 
     Act 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 the 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 vocational 
     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, or that an eligible recipient 
     demonstrates under section 113(b)(4)(C) persistent or a 
     widening of performance gaps between multiple categories of 
     students served by the eligible recipient in comparison to 
     all students in the State served under the Act, the eligible 
     agency shall--
       ``(i) conduct an assessment of the educational needs that 
     the eligible recipient shall address to overcome local 
     performance deficiencies;
       ``(ii) enter into an improvement plan agreement 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 strategies for professional development and 
     instructional and other programmatic innovations of 
     demonstrated effectiveness, giving special consideration to 
     performance gaps identified under section 113(b)(4)(C); 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 paragraph (2) in consultation with 
     teachers, 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 such recipient 
     in carrying out the improvement activities consistent with 
     the requirements of this Act.
       ``(4) Subsequent action.--
       ``(A) In general.--If an eligible recipient fails to meet 
     the local adjusted levels of performance as described in 
     section 113(b)(4) and the purposes of this Act, 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 the local adjusted levels of 
     performance and the purposes of this Act 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 a natural 
     disaster or a precipitous and unforeseen decline in the 
     financial resources of the State.
       ``(5) Funds resulting from reduced allotments.--The 
     eligible agency shall use funds withheld under paragraph (4) 
     to continue to provide (through alternative arrangements) 
     services and activities in the area served by such recipient 
     to meet the purpose of this Act.''.

     SEC. 14. STATE LEADERSHIP ACTIVITIES.

       Section 124 (20 U.S.C. 2344) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``learning'' and 
     inserting ``education'';
       (B) in paragraph (2)--
       (i) by inserting ``, and the required math and science 
     education,'' after ``use of technology in vocational and 
     technical education''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``(including the math and science 
     knowledge that provides a strong basis for such skills)'' 
     after ``technical skills''; and
       (II) by striking ``and telecommunications field'' and 
     inserting ``fields, including nontraditional fields'';

       (C) in paragraph (3)--
       (i) by inserting ``at the secondary and postsecondary 
     levels'' after ``academic, guidance, and administrative 
     personnel'';
       (ii) by redesignating subparagraphs (A) through (D) as 
     subparagraphs (C) through (F), respectively, and inserting 
     before such subparagraphs (as so redesignated) the following:
       ``(A) will provide inservice and preservice training for 
     vocational and technical education teachers in the 
     integration and use of rigorous and challenging academics 
     with vocational and technical subjects;
       ``(B) are high quality, sustained, intensive, and 
     classroom-focused in order to have a positive and lasting 
     impact on classroom instruction and the teacher's performance 
     in the classroom, and are not 1-day or short-term workshops 
     or conferences;'';
       (iii) in subparagraph (C) (as so redesignated)--

       (I) by inserting ``scientifically based'' after ``based 
     on''; and
       (II) by striking ``; and'' and inserting a semicolon;

       (iv) in subparagraph (D) (as so redesignated), by striking 
     ``assist students in meeting'' and inserting ``improve 
     student achievement in order to meet''; and
       (v) by amending subparagraph (E) (as so redesignated) to 
     read as follows:
       ``(E) will support education programs for teachers of 
     vocational and technical education in public schools and 
     other public school personnel who are involved in the direct 
     delivery of educational services to vocational and technical 
     education students to ensure that teachers and personnel--
       ``(i) stay current with the needs, expectations, and 
     methods of industry;
       ``(ii) meet teacher certification or licensing 
     requirements, especially in core academic subjects as defined 
     in section 9101(11) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(11));
       ``(iii) effectively develop integrated rigorous and 
     challenging academic and vocational and technical education 
     curriculum;
       ``(iv) develop a high level of academic and industry 
     knowledge and skills necessary to provide effective 
     instruction in vocational and technical education; and
       ``(v) effectively use applied learning that contributes to 
     the academic and vocational and technical knowledge of the 
     student; and'';
       (D) in paragraph (4), by striking ``integration of 
     academics'' and all that follows through ``core academic,'' 
     and inserting ``provision of rigorous and challenging 
     academics that are integrated with vocational and technical 
     education to ensure achievement in the core academic subjects 
     (as defined in section 9101(11) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801(11))),'';
       (E) in paragraph (5), by striking ``training and 
     employment'' and inserting ``fields'';
       (F) in paragraph (6), by inserting ``and complete a model 
     sequence of courses, as described in section 122(c)(1)(A)'' 
     after ``technical skills'';
       (G) in paragraph (7), by striking ``; and'' and inserting a 
     semicolon;
       (H) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (I) by inserting after paragraph (8) the following:
       ``(9) technical assistance for eligible recipients.''; and
       (2) in subsection (c)--
       (A) by striking paragraph (1), and redesignating paragraphs 
     (2) through (10) as paragraphs (1) through (9), respectively, 
     and paragraphs (11) and paragraphs (13) and (14), 
     respectively;
       (B) in paragraph (9) (as so redesignated), by inserting 
     ``that prepare individuals academically and technically for 
     current and emerging occupations in demand'' after 
     ``education courses''; and
       (C) by inserting after paragraph (9) (as so redesignated) 
     the following:
       ``(10) awarding incentive grants to eligible recipients for 
     exemplary performance in carrying out programs under this 
     Act, which awards shall be based on--
       ``(A) eligible recipients exceeding challenging performance 
     measures established under section 113(b) in a manner that 
     reflects sustained or significant improvement;
       ``(B) eligible recipients effectively developing 
     connections between secondary education and postsecondary 
     education and training;
       ``(C) the adoption and integration of rigorous and 
     challenging academic and technical coursework;
       ``(D) an eligible recipient's progress in having special 
     populations participating in vocational and technical 
     education programs meet local adjusted levels of performance; 
     or
       ``(E) other factors relating to the performance of the 
     eligible recipient under this Act as the eligible agency 
     determines are appropriate;
       ``(11) providing for activities to support entrepreneurship 
     education and training;
       ``(12) 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 post-secondary educational institutions;
       ``(B) postsecondary dual and concurrent enrollment program;
       ``(C) academic and financial aid counseling; and
       ``(D) other initiatives to--
       ``(i) encourage the pursuit of a baccalaureate degree; and
       ``(ii) overcome barriers to participation in baccalaureate 
     degree programs, including geographic and other barriers 
     affecting rural students and special populations;''.

     SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.

       Section 131 (20 U.S.C. 2351) is amended--

[[Page S7537]]

       (1) by striking subsection (a) and redesignating 
     subsections (b) through (i) as subsections (a) through (h), 
     respectively;
       (2) in subsection (a) (as so redesignated)--
       (A) in the subsection heading, by striking ``Special'' and 
     ``for Succeeding Fiscal Years''; and
       (B) by striking ``for fiscal year 2000 and succeeding 
     fiscal years''; and
       (3) in subsection (b) (as so redesignated)--
       (A) by striking ``subsection (b)'' and inserting 
     ``subsection (a)''; and
       (B) by striking ``(42 U.S.C. 9902(2))'' and inserting ``(42 
     U.S.C. 9902(2)))''.

     SEC. 16. ELIMINATION OF REDISTRIBUTION RULE.

       Section 133 (20 U.S.C. 2353) is amended by striking 
     subsection (b) and redesignating subsections (c) and (d) as 
     subsections (b) and (c), respectively.

     SEC. 17. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION 
                   PROGRAMS.

       Section 134(b) (20 U.S.C. 2354(b)) is amended--
       (1) in paragraph (2), by inserting ``and local'' after 
     ``State'';
       (2) in paragraph (3)--
       (A) by redesignating subparagraphs (A) through (C) as 
     subparagraphs (B) through (D), respectively, and inserting 
     before such subparagraphs the following:
       ``(A) offer the appropriate courses of at least one of the 
     model sequences of courses described in section 124(c)(1), as 
     appropriate to the eligible recipient responsible for that 
     element of the sequence;'';
       (B) in subparagraph (B) (as so redesignated)--
       (i) by inserting ``rigorous and challenging'' after 
     ``integration of''; and
       (ii) by inserting ``subjects (as defined by section 
     9101(11) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801(11)))'' after ``core academic''; and
       (C) in subparagraph (D) (as so redesignated), by inserting 
     ``rigorous and'' after ``taught to the same'';
       (3) by redesignating paragraphs (4) through (10) as 
     paragraphs (5) through (11), respectively, and inserting 
     after paragraph (3) the following:
       ``(4) describe how comprehensive professional development 
     (including initial teacher preparation) for vocational and 
     technical, academic, guidance, and administrative personnel 
     will be provided that promotes the integration of rigorous 
     and challenging academic and technical education (including 
     curriculum development);'';
       (4) in paragraph (5) (as so redesignated)--
       (A) by inserting ``academic and vocational and technical'' 
     after ``students,''; and
       (B) by inserting ``(including the eligible recipients that 
     offer elements of the model sequence of courses)'' after 
     ``such individuals and entities''; and
       (5) in paragraph (8) (as so redesignated)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by inserting ``and'' after the 
     semicolon; and
       (C) by inserting after subparagraph (B) the following:
       ``(C) will provide activities to prepare special 
     populations, including single parents and displaced 
     homemakers, for high skill, high wage occupations that will 
     lead to self-sufficiency;''.

     SEC. 18. LOCAL USE OF FUNDS.

       Section 135 (20 U.S.C. 2355) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``to ensure learning in 
     the core academic'' and inserting ``as established in the 
     State-developed model sequences of courses described in 
     section 122(c)(1)(A) to ensure learning in the core academic 
     subjects (as defined by section 9101(11) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801(11)))'';
       (B) by striking paragraph (8);
       (C) by redesignating paragraphs (2) through (7) as 
     paragraphs (4) through (9), respectively, and inserting after 
     paragraph (1) the following:
       ``(2) link secondary vocational and technical education and 
     postsecondary vocational and technical education, including 
     offering model sequences of courses and implementing tech-
     prep programs consistent with the activities described in 
     paragraph (3);
       ``(3) support tech-prep programs (if the eligible recipient 
     receives the funds from the eligible agency under section 
     112(a)(1)) that--
       ``(A) are carried out under an articulation agreement 
     between the participants in a consortium, which shall 
     include--
       ``(i) a local educational agency, an intermediate 
     educational agency or area vocational and technical education 
     school serving secondary school students, or a secondary 
     school funded by the Bureau of Indian Affairs; and
       ``(ii)(I) a nonprofit institution of higher education that 
     offers--
       ``(aa) a 2- or 4-year degree program, or a 2-year 
     certificate program, and is qualified as an institution of 
     higher education pursuant to section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002) (except those 
     institutions described in section 102(a)(1)(C) of such Act), 
     including an institution receiving assistance under the 
     Tribally Controlled College or University Assistance Act of 
     1978 (25 U.S.C. 1801 et seq.) and a tribally controlled 
     postsecondary vocational and technical institution; or
       ``(bb) a 2-year apprenticeship program that follows 
     secondary instruction, if such nonprofit institution of 
     higher education is not prohibited from receiving assistance 
     under part B of title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1071 et seq.) pursuant to the provisions of 
     section 435(a)(3) of such Act (20 U.S.C. 1083(a)); or
       ``(II) a proprietary institution of higher education that 
     offers a 2-year associate degree program and is qualified as 
     an institution of higher education pursuant to section 102 of 
     the Higher Education Act of 1965 (20 U.S.C. 1002), if such 
     proprietary institution of higher education is not subject to 
     a default management plan required by the Secretary,
     and may include nonprofit organizations that provide eligible 
     recipients with technology and programs to enhance math and 
     science skills, employers, and labor organizations;
       ``(B) consist of a minimum of 2 years of secondary school 
     preceding graduation and a minimum of 2 years of higher 
     education, or an apprenticeship program of at least 2 years, 
     following secondary instruction;
       ``(C) meet academic standards developed by the State, 
     including standards developed under section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311) for secondary students, and support proficiency in 
     mathematics, science, reading, writing, communications, and 
     technologies;
       ``(D) are comprised of model sequences of courses that 
     integrate rigorous and challenging academics and vocational 
     and technical education;
       ``(E) provide technical preparation in a career field such 
     as engineering technology; applied science; a mechanical, 
     industrial, or practical art or trade; agriculture; health 
     occupations; business; applied economics; advanced 
     manufacturing; or other high-skill, high-wage, high-demand 
     occupations as determined by the State;
       ``(F) use, if appropriate and available, work-based or 
     worksite learning in conjunction with academic and vocational 
     and technical education;
       ``(G) use educational technology and distance learning, as 
     appropriate, to involve all the consortium partners more 
     fully in the development and operation of programs;
       ``(H) facilitate and promote close working relationships 
     among eligible recipients to ensure that programs within a 
     geographic area are closely integrated with tech-prep program 
     activities;
       ``(I) are sustainable and use performance indicator data, 
     described in section 113, to inform program quality;
       ``(J) include academic and career counseling for 
     participants that provides information to students (and 
     parents, as appropriate) regarding tech-prep programs and 
     supports student progress in completing tech-prep programs;
       ``(K) include in-service training for teachers that--
       ``(i) provides for joint training for teachers in tech-prep 
     programs; and
       ``(ii) is designed to ensure that teachers and 
     administrators stay current with the needs, expectations, and 
     methods of business and all aspects of an industry; and
       ``(L) provide students with transferable credit between the 
     consortium members, as described in subparagraph (A), and may 
     include programs that allow secondary programs to be co-
     located on postsecondary campuses;'';
       (D) in paragraph (5) (as so redesignated)--
       (i) by inserting ``, and the related math and science 
     education'' after ``use of technology in vocational and 
     technical education'';
       (ii) in subparagraph (B)--

       (I) by inserting ``(including the math and science 
     knowledge that provides a strong basis for such skills)'' 
     after ``technical skills''; and
       (II) by striking ``and telecommunications field'' and 
     inserting ``fields''; and

       (iii) in subparagraph (C)--

       (I) by striking ``work'' and inserting ``collaborate''; and
       (II) by inserting ``that improve the math and science 
     knowledge of students'' after ``mentoring programs'';

       (E) in paragraph (6) (as so redesignated)--
       (i) by striking ``teachers,'' and inserting ``secondary and 
     postsecondary teachers, instructors,''; and
       (ii) in subparagraph (A), by striking ``in effective 
     teaching skills based on research'' and inserting ``in 
     effective integration of rigorous and challenging academic 
     and vocational and technical education, in effective teaching 
     skills based on scientifically based research''; and
       (F) by inserting after paragraph (9) (as so redesignated) 
     the following:
       ``(10) provide activities to prepare special populations, 
     including single parents and displaced homemakers, for high 
     skill, high wage occupations that will lead to self 
     sufficiency.''; and
       (2) in subsection (c)--
       (A) in paragraph (2), by inserting ``, regarding the range 
     of postsecondary options available, including for adult 
     students who are changing careers or updating skills'' before 
     the semicolon;
       (B) in paragraph (5), by inserting ``, including the 
     establishment and operation of special arrangements with 
     industry partners that allow qualified industry professionals 
     to serve as faculty in postsecondary programs'' before the 
     semicolon;
       (C) in paragraph (8), by striking ``aides'' and inserting 
     ``aids and publications'';
       (D) in paragraph (9), by inserting ``that address the 
     integration of academic and vocational and technical 
     education and'' after ``teacher preparation programs'';
       (E) by redesignating paragraphs (10) through (14) as 
     paragraphs (12) through (16), and paragraph (15) as paragraph 
     (20), respectively, and inserting after paragraph (9) the 
     following:
       ``(10) to develop and expand postsecondary program 
     offerings that are accessible by students, including the use 
     of distance education;
       ``(11) to provide activities to support entrepreneurship 
     education and training;'';
       (F) in paragraph (12) (as so redesignated), by inserting 
     ``, including development of new proposed model sequences of 
     courses for consideration by the eligible agency and courses 
     that prepare individuals academically and technically for 
     current and emerging occupations that are in demand, and dual 
     enrollment opportunities by which secondary vocational and 
     technical education students could obtain postsecondary 
     credit to count towards an associate or baccalaureate 
     degree'' before the semicolon;

[[Page S7538]]

       (G) by amending paragraph (16) (as so redesignated) to read 
     as follows:
       ``(16) to support training in nontraditional fields;''; and
       (H) by inserting after paragraph (16) (as so redesignated) 
     the following:
       ``(17) to provide accurate information relating to the 
     availability of supportive services available in an area 
     served by the eligible recipient, and referral to such 
     services, as appropriate;
       ``(18) to support the activities described in subsection 
     (b)(3);
       ``(19) for programs that assist in the training of 
     automotive technicians in diesel retrofitting, hybrid, 
     hydrogen, and alternative fuel automotive technologies; 
     and''.

     SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT.

       Title II (20 U.S.C. 2071 et seq.) is repealed.

     SEC. 20. GENERAL PROVISIONS.

       (a) Redesignation of Title III.--
       (1) Redesignation.--Title III (20 U.S.C. 2391 et seq.) is 
     amended--
       (A) by striking section 318;
       (B) by redesignating such title as title II of such Act; 
     and
       (C) by redesignating sections 311 through 317 as section 
     211 through 217 and sections 321 through 325 as sections 221 
     through 225, respectively.
       (2) Table of contents amendment.--The table of contents in 
     section 1(b) is amended--
       (A) by striking the items relating to title III; and
       (B) by amending the items relating to title II to read as 
     follows:

                     ``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 children and 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.''.
       (b) Fiscal Requirements.--Section 211(b) (20 U.S.C. 
     2391(b)) (as so redesignated) is amended by inserting after 
     paragraph (2) the following:
       ``(3) Definition.--For purposes of this subsection, the 
     term `preceding fiscal year' means the Federal fiscal year or 
     the 12-month fiscal period used by a State for official 
     reporting purposes, prior to the beginning of the Federal 
     fiscal year in which funds are available for obligation by 
     the Secretary.''.
       (c) Participation of Private School Children and 
     Personnel.--Section 217 (as so redesignated) is amended to 
     read as follows:

     ``SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND 
                   PERSONNEL.

       ``(a) Participation on Equitable Basis.--
       ``(1) In general.--To the extent consistent with the number 
     of children in the school district of a local educational 
     agency that is eligible to receive funds under this Act, or 
     that serves the area in which a program assisted under this 
     Act is located, who are enrolled in private nonprofit 
     elementary schools and secondary schools, or, with respect to 
     instructional or personnel training programs funded by an 
     eligible agency, the local educational agency, after 
     consultation with appropriate private school officials--
       ``(A) shall provide, on an equitable basis and as may be 
     necessary, for the benefit of such children in such schools, 
     secular, neutral, and nonideological services (or other 
     benefits), materials, and equipment, including the 
     participation of the teachers of such children (and other 
     educational personnel serving such children) in training 
     programs; or
       ``(B) if such services, materials, and equipment are not 
     feasible or necessary in one or more such private schools (as 
     determined by the local educational agency after consultation 
     with the appropriate private school officials), shall provide 
     such other arrangements as will assure equitable 
     participation of such children in the purposes and benefits 
     of this Act.
       ``(2) Application of requirements.--The requirements of 
     this section relating to the participation of children, 
     teachers, and other personnel serving such children shall 
     apply to programs carried out under this Act by an eligible 
     agency or local educational agency, whether directly or 
     through grants to, or contracts with, other public or private 
     agencies, institutions, or organizations.
       ``(b) Equal Expenditures.--
       ``(1) In general.--Expenditures for programs under 
     subsection (a) shall be equal (consistent with the number of 
     children to be served) to expenditures for programs under 
     this Act for children enrolled in the public schools of the 
     local educational agency.
       ``(2) Concentrated programs.--When funds available to a 
     local educational agency under this Act are used to 
     concentrate programs on a particular group, attendance area, 
     or grade or age level, the local educational agency shall, 
     after consultation with the appropriate private school 
     officials, assure the equitable participation in both the 
     purposes and benefits of such programs for children enrolled 
     in private schools who are included within the group, 
     attendance area, or grade or age level selected for such 
     concentration, taking into account the needs of the 
     individual children and other factors that relate to the 
     expenditures referred to in paragraph (1).
       ``(c) Administrative Requirements.--
       ``(1) Funds, materials and equipment.--
       ``(A) Funds.--The control of funds expended under this 
     section shall be administered by a public agency.
       ``(B) Materials and equipment.--The title to materials and 
     equipment provided under this section, shall remain with a 
     public agency for the uses and purposes provided in this Act.
       ``(2) Provision of services.--Services provided under this 
     Act shall be provided by employees of a public agency or 
     through contract by such a public agency with a person, 
     association, agency, organization, institution or corporation 
     that, in the provision of such services, is independent of 
     the private school and of any religious organizations, and 
     such employment or contract shall be under the control and 
     supervision of such a public agency. The funds utilized under 
     this section shall not be commingled with State or local 
     funds.
       ``(3) Timing and content of consultation.--The consultation 
     required under this section shall include meetings of agency 
     and private school officials and shall occur before the 
     eligible agency and local educational agency makes any 
     decision that affects the opportunities of eligible private 
     school children to participate in programs under this Act. 
     Such meetings shall include a discussion of service delivery 
     mechanisms (including third party contractors) and shall 
     continue throughout implementation and assessment of services 
     under this Act.
       ``(d) Waiver and Bypass Procedures.--
       ``(1) State prohibition.--If an eligible agency or local 
     educational agency is prohibited, by reason of any provision 
     of law, from providing for the participation in programs of 
     children enrolled in private elementary schools and secondary 
     schools as required by subsections (a) through (c), the 
     Secretary shall waive such requirements for the agency 
     involved and shall arrange for the provision of services to 
     such children through arrangements that shall be subject to 
     the requirements of this section.
       ``(2) Failure to comply.--If the Secretary determines that 
     an eligible agency or a local educational agency has 
     substantially failed, or is unwilling, to provide for the 
     participation on an equitable basis of children enrolled in 
     private elementary schools and secondary schools as required 
     by subsections (a) through (c), the Secretary may waive such 
     requirements and shall arrange for the provision of services 
     to such children through arrangements that shall be subject 
     to the requirements of this section.
       ``(3) Payment from state allotment.--When the Secretary 
     arranges for services under this subsection, the Secretary 
     shall, after consultation with the appropriate public school 
     and private school officials, pay the cost of such services, 
     including the administrative costs of arranging for those 
     services, from the appropriate allotment of the eligible 
     agency under this Act.
       ``(4) Duration of determination.--Any determination by the 
     Secretary under this section shall continue in effect until 
     the Secretary determines that there will no longer be any 
     failure or inability on the Act of the eligible agency or 
     local educational agency to meet the requirements of 
     subsections (a) through (c).
       ``(5) Review of determination.--The Secretary shall not 
     take any final action under this section until the eligible 
     agency and the local educational agency affected by such 
     action have had an opportunity, for not less than 45 days 
     after receiving written notice thereof, to submit written 
     objections and to appear before the Secretary or the 
     Secretary's designee to show cause why that action should not 
     be taken.
       ``(e) Withholding of Allotment or Allocation.--Pending 
     final resolution of any investigation or complaint that could 
     result in a waiver under subsection (d)(1) or (d)(2), the 
     Secretary may withhold from the allotment or allocation of 
     the affected eligible agency or local educational agency the 
     amount estimated by the Secretary to be necessary to pay the 
     cost of services to be provided by the Secretary under such 
     subsection.
       ``(f) Prior Determination.--Any bypass determination by the 
     Secretary under Title I or Title IX of the Elementary and 
     Secondary Education Act of 1965 shall, to the extent 
     consistent with the purposes of this Act, apply to programs 
     under this Act until such determinations terminate or 
     expire.''.
         Amend the title so as to read ``An Act to amend the Carl 
     D. Perkins Vocational and Technical Education Act of 1998 to 
     strengthen and improve programs under that Act.''.
  Mr. FRIST. I ask unanimous consent that the Senate disagree with the 
House amendments and agree with the request for a conference.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. I further ask that the Chair be authorized to appoint 
conferees on the part of the Senate with a ratio of 11 to 9, the full 
membership of the HELP Committee.
  There being no objection, the Chair appointed Mr. Enzi, Mr. Gregg, 
Mr. Frist, Mr. Alexander, Mr. Burr, Mr. Isakson, Mr. DeWine, Mr. 
Ensign, Mr. Hatch, Mr. Sessions, Mr. Roberts, Mr. Kennedy, Mr. Dodd, 
Mr. Harkin, Ms. Mikulski, Mr. Jeffords, Mr. Bingaman, Mrs. Murray, Mr. 
Reed, and Mrs. Clinton conferees on the part of the Senate.

                          ____________________