[Congressional Record Volume 152, Number 99 (Tuesday, July 25, 2006)]
[House]
[Pages H5773-H5809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONFERENCE REPORT ON S. 250, CARL D. PERKINS CAREER AND TECHNICAL 
                   EDUCATION IMPROVEMENT ACT OF 2006

  Mr. McKeon submitted the following conference report and statement on 
the Senate bill (S. 250) to amend the Carl D. Perkins Vocational and 
Technical Education Act of 1998 to improve the Act:

                  Conference Report (H. Rept. 109-597)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the House to the bill (S. 
     250), to amend the Carl D. Perkins Vocational and Technical 
     Education Act of 1998 to improve the Act, having met, after 
     full and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; AMENDMENT.

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

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

       ``(a) Short Title.--This Act may be cited as the `Carl D. 
     Perkins Career and Technical Education Act of 2006'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

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

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

                   ``PART A--Allotment and Allocation

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

                       ``PART B--State Provisions

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

                       ``PART C--Local Provisions

``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local plan for career and technical education programs.
``Sec. 135. Local uses of funds.

                    ``TITLE II--TECH PREP EDUCATION

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

                    ``TITLE III--GENERAL PROVISIONS

              ``PART A--Federal Administrative Provisions

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

               ``PART B--State Administrative Provisions

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

     ``SEC. 2. PURPOSE.

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

     ``SEC. 3. DEFINITIONS.

       ``Unless otherwise specified, in this Act:
       ``(1) Administration.--The term `administration', when used 
     with respect to an eligible agency or eligible recipient, 
     means activities necessary for the proper and efficient 
     performance of the eligible agency or eligible recipient's 
     duties under this Act, including the supervision of such 
     activities. Such term does not include curriculum development 
     activities, personnel development, or research activities.
       ``(2) All aspects of an industry.--The term `all aspects of 
     an industry' means strong experience in, and comprehensive 
     understanding of, the industry that the individual is 
     preparing to enter, including information as described in 
     section 118.
       ``(3) Area career and technical education school.--The term 
     `area career and technical education school' means--
       ``(A) a specialized public secondary school used 
     exclusively or principally for the provision of career and 
     technical education to individuals who are available for 
     study in preparation for entering the labor market;
       ``(B) the department of a public secondary school 
     exclusively or principally used for providing career and 
     technical education in not fewer than 5 different 
     occupational fields to individuals who are available for 
     study in preparation for entering the labor market;
       ``(C) a public or nonprofit technical institution or career 
     and technical education school used exclusively or 
     principally for the provision

[[Page H5774]]

     of career and technical education to individuals who have 
     completed or left secondary school and who are available for 
     study in preparation for entering the labor market, if the 
     institution or school admits, as regular students, 
     individuals who have completed secondary school and 
     individuals who have left secondary school; or
       ``(D) the department or division of an institution of 
     higher education, that operates under the policies of the 
     eligible agency and that provides career and technical 
     education in not fewer than 5 different occupational fields 
     leading to immediate employment but not necessarily leading 
     to a baccalaureate degree, if the department or division 
     admits, as regular students, both individuals who have 
     completed secondary school and individuals who have left 
     secondary school.
       ``(4) Articulation agreement.--The term `articulation 
     agreement' means a written commitment--
       ``(A) that is agreed upon at the State level or approved 
     annually by the lead administrators of--
       ``(i) a secondary institution and a postsecondary 
     educational institution; or
       ``(ii) a subbaccalaureate degree granting postsecondary 
     educational institution and a baccalaureate degree granting 
     postsecondary educational institution; and
       ``(B) to a program that is--
       ``(i) designed to provide students with a nonduplicative 
     sequence of progressive achievement leading to technical 
     skill proficiency, a credential, a certificate, or a degree; 
     and
       ``(ii) linked through credit transfer agreements between 
     the 2 institutions described in clause (i) or (ii) of 
     subparagraph (A) (as the case may be).
       ``(5) Career and technical education.--The term `career and 
     technical education' means organized educational activities 
     that--
       ``(A) offer a sequence of courses that--
       ``(i) provides individuals with coherent and rigorous 
     content aligned with challenging academic standards and 
     relevant technical knowledge and skills needed to prepare for 
     further education and careers in current or emerging 
     professions;
       ``(ii) provides technical skill proficiency, an industry-
     recognized credential, a certificate, or an associate degree; 
     and
       ``(iii) may include prerequisite courses (other than a 
     remedial course) that meet the requirements of this 
     subparagraph; and
       ``(B) include competency-based applied learning that 
     contributes to the academic knowledge, higher-order reasoning 
     and problem-solving skills, work attitudes, general 
     employability skills, technical skills, and occupation-
     specific skills, and knowledge of all aspects of an industry, 
     including entrepreneurship, of an individual.
       ``(6) Career and technical student organization.--
       ``(A) In general.--The term `career and technical student 
     organization' means an organization for individuals enrolled 
     in a career and technical education program that engages in 
     career and technical education activities as an integral 
     part of the instructional program.
       ``(B) State and national units.--An organization described 
     in subparagraph (A) may have State and national units that 
     aggregate the work and purposes of instruction in career and 
     technical education at the local level.
       ``(7) Career guidance and academic counseling.--The term 
     `career guidance and academic counseling' means guidance and 
     counseling that--
       ``(A) provides access for students (and parents, as 
     appropriate) to information regarding career awareness and 
     planning with respect to an individual's occupational and 
     academic future; and
       ``(B) provides information with respect to career options, 
     financial aid, and postsecondary options, including 
     baccalaureate degree programs.
       ``(8) Charter school.--The term `charter school' has the 
     meaning given the term in section 5210 of the Elementary and 
     Secondary Education Act of 1965.
       ``(9) Cooperative education.--The term `cooperative 
     education' means a method of education for individuals who, 
     through written cooperative arrangements between a school and 
     employers, receive instruction, including required rigorous 
     and challenging academic courses and related career and 
     technical education instruction, by alternation of study in 
     school with a job in any occupational field, which 
     alternation--
       ``(A) shall be planned and supervised by the school and 
     employer so that each contributes to the education and 
     employability of the individual; and
       ``(B) may include an arrangement in which work periods and 
     school attendance may be on alternate half days, full days, 
     weeks, or other periods of time in fulfilling the cooperative 
     program.
       ``(10) Displaced homemaker.--The term `displaced homemaker' 
     means an individual who--
       ``(A)(i) has worked primarily without remuneration to care 
     for a home and family, and for that reason has diminished 
     marketable skills;
       ``(ii) has been dependent on the income of another family 
     member but is no longer supported by that income; or
       ``(iii) is a parent whose youngest dependent child will 
     become ineligible to receive assistance under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.) not 
     later than 2 years after the date on which the parent applies 
     for assistance under such title; and
       ``(B) is unemployed or underemployed and is experiencing 
     difficulty in obtaining or upgrading employment.
       ``(11) Educational service agency.--The term `educational 
     service agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965.
       ``(12) Eligible agency.--The term `eligible agency' means a 
     State board designated or created consistent with State law 
     as the sole State agency responsible for the administration 
     of career and technical education in the State or for the 
     supervision of the administration of career and technical 
     education in the State.
       ``(13) Eligible institution.--The term `eligible 
     institution' means--
       ``(A) a public or nonprofit private institution of higher 
     education that offers career and technical education courses 
     that lead to technical skill proficiency, an industry-
     recognized credential, a certificate, or a degree;
       ``(B) a local educational agency providing education at the 
     postsecondary level;
       ``(C) an area career and technical education school 
     providing education at the postsecondary level;
       ``(D) a postsecondary educational institution controlled by 
     the Bureau of Indian Affairs or operated by or on behalf of 
     any Indian tribe that is eligible to contract with the 
     Secretary of the Interior for the administration of programs 
     under the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450 et seq.) or the Act of April 16, 1934 (25 
     U.S.C. 452 et seq.);
       ``(E) an educational service agency; or
       ``(F) a consortium of 2 or more of the entities described 
     in subparagraphs (A) through (E).
       ``(14) Eligible recipient.--The term `eligible recipient' 
     means--
       ``(A) a local educational agency (including a public 
     charter school that operates as a local educational agency), 
     an area career and technical education school, an educational 
     service agency, or a consortium, eligible to receive 
     assistance under section 131; or
       ``(B) an eligible institution or consortium of eligible 
     institutions eligible to receive assistance under section 
     132.
       ``(15) Governor.--The term `Governor' means the chief 
     executive officer of a State.
       ``(16) Individual with limited english proficiency.--The 
     term `individual with limited English proficiency' means a 
     secondary school student, an adult, or an out-of-school 
     youth, who has limited ability in speaking, reading, writing, 
     or understanding the English language, and--
       ``(A) whose native language is a language other than 
     English; or
       ``(B) who lives in a family or community environment in 
     which a language other than English is the dominant language.
       ``(17) Individual with a disability.--
       ``(A) In general.--The term `individual with a disability' 
     means an individual with any disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)).
       ``(B) Individuals with disabilities.--The term `individuals 
     with disabilities' means more than 1 individual with a 
     disability.
       ``(18) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965.
       ``(19) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965.
       ``(20) Non-traditional fields.--The term `non-traditional 
     fields' means occupations or fields of work, including 
     careers in computer science, technology, and other current 
     and emerging high skill occupations, for which individuals 
     from one gender comprise less than 25 percent of the 
     individuals employed in each such occupation or field of 
     work.
       ``(21) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and the 
     Republic of Palau.
       ``(22) Postsecondary educational institution.--The term 
     `postsecondary educational institution' means--
       ``(A) an institution of higher education that provides not 
     less than a 2-year program of instruction that is acceptable 
     for credit toward a bachelor's degree;
       ``(B) a tribally controlled college or university; or
       ``(C) a nonprofit educational institution offering 
     certificate or apprenticeship programs at the postsecondary 
     level.
       ``(23) Postsecondary education tech prep student.--The term 
     `postsecondary education tech prep student' means a student 
     who--
       ``(A) has completed the secondary education component of a 
     tech prep program; and
       ``(B) has enrolled in the postsecondary education component 
     of a tech prep program at an institution of higher education 
     described in clause (i) or (ii) of section 203(a)(1)(B).
       ``(24) School dropout.--The term `school dropout' means an 
     individual who is no longer attending any school and who has 
     not received a secondary school diploma or its recognized 
     equivalent.
       ``(25) Scientifically based research.--The term 
     `scientifically based research' means research that is 
     carried out using scientifically based research standards, as 
     defined in section 102 of the Education Sciences Reform Act 
     of 2002 (20 U.S.C. 9501).
       ``(26) Secondary education tech prep student.--The term 
     `secondary education tech prep student' means a secondary 
     education student who has enrolled in 2 courses in the 
     secondary education component of a tech prep program.
       ``(27) Secondary school.--The term `secondary school' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(28) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(29) Special populations.--The term `special populations' 
     means--
       ``(A) individuals with disabilities;
       ``(B) individuals from economically disadvantaged families, 
     including foster children;
       ``(C) individuals preparing for non-traditional fields;

[[Page H5775]]

       ``(D) single parents, including single pregnant women;
       ``(E) displaced homemakers; and
       ``(F) individuals with limited English proficiency.
       ``(30) State.--The term `State', unless otherwise 
     specified, means each of the several States of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each outlying area.
       ``(31) Support services.--The term `support services' means 
     services related to curriculum modification, equipment 
     modification, classroom modification, supportive personnel, 
     and instructional aids and devices.
       ``(32) Tech prep program.--The term `tech prep program' 
     means a tech prep program described in section 203(c).
       ``(33) Tribally controlled college or university.--The term 
     `tribally controlled college or university' has the meaning 
     given the term in section 2(a) of the Tribally Controlled 
     College or University Assistance Act of 1978 (25 U.S.C. 
     1801(a)).
       ``(34) Tribally controlled postsecondary career and 
     technical institution.--The term `tribally controlled 
     postsecondary career and technical institution' means an 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965, except that subsection 
     (a)(2) of such section shall not be applicable and the 
     reference to Secretary in subsection (a)(5) of such section 
     shall be deemed to refer to the Secretary of the Interior) 
     that--
       ``(A) is formally controlled, or has been formally 
     sanctioned or chartered, by the governing body of an Indian 
     tribe or Indian tribes;
       ``(B) offers a technical degree or certificate granting 
     program;
       ``(C) is governed by a board of directors or trustees, a 
     majority of whom are Indians;
       ``(D) demonstrates adherence to stated goals, a philosophy, 
     or a plan of operation, that fosters individual Indian 
     economic and self-sufficiency opportunity, including programs 
     that are appropriate to stated tribal goals of developing 
     individual entrepreneurships and self-sustaining economic 
     infrastructures on reservations;
       ``(E) has been in operation for at least 3 years;
       ``(F) holds accreditation with or is a candidate for 
     accreditation by a nationally recognized accrediting 
     authority for postsecondary career and technical education; 
     and
       ``(G) enrolls the full-time equivalent of not less than 100 
     students, of whom a majority are Indians.

     ``SEC. 4. TRANSITION PROVISIONS.

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

     ``SEC. 5. PRIVACY.

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

     ``SEC. 6. LIMITATION.

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

     ``SEC. 7. SPECIAL RULE.

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

     ``SEC. 8. PROHIBITIONS.

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

     ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

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

                   ``PART A--ALLOTMENT AND ALLOCATION

     ``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.

       ``(a) Reservations and State Allotment.--
       ``(1) Reservations.--From the sum appropriated under 
     section 9 for each fiscal year, the Secretary shall reserve--
       ``(A) 0.13 percent to carry out section 115; and
       ``(B) 1.50 percent to carry out section 116, of which--
       ``(i) 1.25 percent of the sum shall be available to carry 
     out section 116(b); and
       ``(ii) 0.25 percent of the sum shall be available to carry 
     out section 116(h).
       ``(2) State allotment formula.--Subject to paragraphs (3), 
     (4), and (5), from the remainder of the sum appropriated 
     under section 9 and not reserved under paragraph (1) for a 
     fiscal year, the Secretary shall allot to a State for the 
     fiscal year--
       ``(A) an amount that bears the same ratio to 50 percent of 
     the sum being allotted as the product of the population aged 
     15 to 19 inclusive, in the State in the fiscal year preceding 
     the fiscal year for which the determination is made and the 
     State's allotment ratio bears to the sum of the corresponding 
     products for all the States;
       ``(B) an amount that bears the same ratio to 20 percent of 
     the sum being allotted as the product of the population aged 
     20 to 24, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States;
       ``(C) an amount that bears the same ratio to 15 percent of 
     the sum being allotted as the product of the population aged 
     25 to 65, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States; and
       ``(D) an amount that bears the same ratio to 15 percent of 
     the sum being allotted as the amounts allotted to the State 
     under subparagraphs (A), (B), and (C) for such years bears to 
     the sum of the amounts allotted to all the States under 
     subparagraphs (A), (B), and (C) for such year.
       ``(3) Minimum allotment for years with no additional 
     funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and subject to subparagraphs (B) and (C), and paragraph 
     (5), for a fiscal year for which there are no additional 
     funds (as such term is defined in paragraph (4)(D)), no State 
     shall receive for such fiscal year under this subsection less 
     than \1/2\ of 1 percent of the amount appropriated under 
     section 9 and not reserved under paragraph (1) for such 
     fiscal year. Amounts necessary for increasing such payments 
     to States to comply with the preceding sentence shall be 
     obtained by ratably reducing the amounts to be paid to other 
     States.
       ``(B) Requirement.--No State, by reason of the application 
     of subparagraph (A), shall receive for a fiscal year more 
     than 150 percent of the amount the State received under this 
     subsection for the preceding fiscal year.
       ``(C) Special rule.--
       ``(i) In general.--Subject to paragraph (5), no State, by 
     reason of the application of subparagraph (A), shall be 
     allotted for a fiscal year more than the lesser of--

       ``(I) 150 percent of the amount that the State received in 
     the preceding fiscal year; and
       ``(II) the amount calculated under clause (ii).

       ``(ii) Amount.--The amount calculated under this clause 
     shall be determined by multiplying--

       ``(I) the number of individuals in the State counted under 
     paragraph (2) in the preceding fiscal year; by
       ``(II) 150 percent of the national average per pupil 
     payment made with funds available under this section for that 
     year.

       ``(4) Minimum allotment for years with additional funds.--
       ``(A) In general.--Subject to subparagraph (B) and 
     paragraph (5), for a fiscal year for which there are 
     additional funds, no State shall receive for such fiscal year 
     under this subsection less than \1/2\ of 1 percent of the 
     amount appropriated under section 9 and not reserved under 
     paragraph (1) for such fiscal year. Amounts necessary for 
     increasing such payments to States to comply with the 
     preceding sentence shall be obtained by ratably reducing the 
     amounts to be paid to other States.
       ``(B) Special rule.--In the case of a qualifying State, the 
     minimum allotment under subparagraph (A) for a fiscal year 
     for the qualifying State shall be the lesser of--
       ``(i) \1/2\ of 1 percent of the amount appropriated under 
     section 9 and not reserved under paragraph (1) for such 
     fiscal year; and
       ``(ii) the sum of--

       ``(I) the amount the qualifying State was allotted under 
     paragraph (2) for fiscal year 2006 (as such paragraph was in 
     effect on the day before the date of enactment of the Carl D. 
     Perkins Career and Technical Education Improvement Act of 
     2006); and
       ``(II) the product of--

       ``(aa) \1/3\ of the additional funds; multiplied by
       ``(bb) the quotient of--
       ``(C) Ratio.--For purposes of subparagraph 
     (B)(ii)(II)(bb)(AA), the ratio for a qualifying State for a 
     fiscal year shall be 1.00 less the quotient of--
       ``(i) the amount the qualifying State was allotted under 
     paragraph (2) for fiscal year 2006

[[Page H5776]]

     (as such paragraph was in effect on the day before the date 
     of enactment of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2006); divided by
       ``(ii) \1/2\ of 1 percent of the amount appropriated under 
     section 9 and not reserved under paragraph (1) for the fiscal 
     year for which the determination is made.
       ``(D) Definitions.--In this paragraph:
       ``(i) Additional funds.--The term `additional funds' means 
     the amount by which--

       ``(I) the sum appropriated under section 9 and not reserved 
     under paragraph (1) for a fiscal year; exceeds
       ``(II) the sum of--

       ``(aa) the amount allotted under paragraph (2) for fiscal 
     year 2006 (as such paragraph (2) was in effect on the day 
     before the date of enactment of the Carl D. Perkins Career 
     and Technical Education Improvement Act of 2006);
       ``(bb) the amount reserved under paragraph (1)(C) for 
     fiscal year 2006 (as such paragraph (1)(C) was so in effect); 
     and
       ``(cc) $827,671.
       ``(ii) Qualifying state.--The term `qualifying State' means 
     a State (except the United States Virgin Islands) that, for 
     the fiscal year for which a determination under this 
     paragraph is made, would receive, under the allotment formula 
     under paragraph (2) (without the application of this 
     paragraph and paragraphs (3) and (5)), an amount that would 
     be less than the amount the State would receive under 
     subparagraph (A) for such fiscal year.
       ``(5) Hold harmless.--
       ``(A) In general.--No State shall receive an allotment 
     under this section for a fiscal year that is less than the 
     allotment the State received under part A of title I of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2311 et seq.) (as such part was in effect on 
     the day before the date of enactment of the Carl D. Perkins 
     Vocational and Applied Technology Education Amendments of 
     1998) for fiscal year 1998.
       ``(B) Ratable reduction.--If for any fiscal year the amount 
     appropriated for allotments under this section is 
     insufficient to satisfy the provisions of subparagraph (A), 
     the payments to all States under such subparagraph shall be 
     ratably reduced.
       ``(b) Reallotment.--If the Secretary determines that any 
     amount of any State's allotment under subsection (a) for any 
     fiscal year will not be required for such fiscal year for 
     carrying out the activities for which such amount has been 
     allotted, the Secretary shall make such amount available for 
     reallotment. Any such reallotment among other States shall 
     occur on such dates during the same year as the Secretary 
     shall fix, and shall be made on the basis of criteria 
     established by regulation. No funds may be reallotted for any 
     use other than the use for which the funds were appropriated. 
     Any amount reallotted to a State under this subsection for 
     any fiscal year shall remain available for obligation during 
     the succeeding fiscal year and shall be deemed to be part of 
     the State's allotment for the year in which the amount is 
     obligated.
       ``(c) Allotment Ratio.--
       ``(1) In general.--The allotment ratio for any State shall 
     be 1.00 less the product of--
       ``(A) 0.50; and
       ``(B) the quotient obtained by dividing the per capita 
     income for the State by the per capita income for all the 
     States (exclusive of the Commonwealth of Puerto Rico and the 
     United States Virgin Islands), except that--
       ``(i) the allotment ratio in no case shall be more than 
     0.60 or less than 0.40; and
       ``(ii) the allotment ratio for the Commonwealth of Puerto 
     Rico and the United States Virgin Islands shall be 0.60.
       ``(2) Promulgation.--The allotment ratios shall be 
     promulgated by the Secretary for each fiscal year between 
     October 1 and December 31 of the fiscal year preceding the 
     fiscal year for which the determination is made. Allotment 
     ratios shall be computed on the basis of the average of the 
     appropriate per capita incomes for the 3 most recent 
     consecutive fiscal years for which satisfactory data are 
     available.
       ``(3) Definition of per capita income.--For the purpose of 
     this section, the term `per capita income' means, with 
     respect to a fiscal year, the total personal income in the 
     calendar year ending in such year, divided by the population 
     of the area concerned in such year.
       ``(4) Population determination.--For the purposes of this 
     section, population shall be determined by the Secretary on 
     the basis of the latest estimates available to the Department 
     of Education.
       ``(d) Definition of State.--For the purpose of this 
     section, the term `State' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, and the United States Virgin Islands.

     ``SEC. 112. WITHIN STATE ALLOCATION.

       ``(a) In General.--From the amount allotted to each State 
     under section 111 for a fiscal year, the eligible agency 
     shall make available--
       ``(1) not less than 85 percent for distribution under 
     section 131 or 132, of which not more than 10 percent of the 
     85 percent may be used in accordance with subsection (c);
       ``(2) not more than 10 percent to carry out State 
     leadership activities described in section 124, of which--
       ``(A) an amount equal to not more than 1 percent of the 
     amount allotted to the State under section 111 for the fiscal 
     year shall be made available to serve individuals in State 
     institutions, such as State correctional institutions and 
     institutions that serve individuals with disabilities; and
       ``(B) not less than $60,000 and not more than $150,000 
     shall be available for services that prepare individuals for 
     non-traditional fields; and
       ``(3) an amount equal to not more than 5 percent, or 
     $250,000, whichever is greater, for administration of the 
     State plan, which may be used for the costs of--
       ``(A) developing the State plan;
       ``(B) reviewing a local plan;
       ``(C) monitoring and evaluating program effectiveness;
       ``(D) assuring compliance with all applicable Federal laws;
       ``(E) providing technical assistance; and
       ``(F) supporting and developing State data systems relevant 
     to the provisions of this Act.
       ``(b) Matching Requirement.--Each eligible agency receiving 
     funds made available under subsection (a)(3) shall match, 
     from non-Federal sources and on a dollar-for-dollar basis, 
     the funds received under subsection (a)(3).
       ``(c) Reserve.--From amounts made available under 
     subsection (a)(1) to carry out this subsection, an eligible 
     agency may award grants to eligible recipients for career and 
     technical education activities described in section 135 in--
       ``(1) rural areas;
       ``(2) areas with high percentages of career and technical 
     education students; and
       ``(3) areas with high numbers of career and technical 
     education students.

     ``SEC. 113. ACCOUNTABILITY.

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

       ``(I) A secondary school diploma.
       ``(II) A General Education Development (GED) credential, or 
     other State-recognized equivalent (including recognized 
     alternative standards for individuals with disabilities).
       ``(III) A proficiency credential, certificate, or degree, 
     in conjunction with a secondary school diploma (if such 
     credential, certificate, or degree is offered by the State in 
     conjunction with a secondary school diploma).

       ``(iv) Student graduation rates (as described in section 
     1111(b)(2)(C)(vi) of the Elementary and Secondary Education 
     Act of 1965).
       ``(v) Student placement in postsecondary education or 
     advanced training, in military service, or in employment.
       ``(vi) Student participation in and completion of career 
     and technical education programs that lead to non-traditional 
     fields.
       ``(B) Core indicators of performance for career and 
     technical education students at the postsecondary level.--
     Each eligible agency shall identify in the State plan core 
     indicators of performance for career and technical education 
     students at the postsecondary level that are valid and 
     reliable, and that include, at a minimum, measures of each of 
     the following:
       ``(i) Student attainment of challenging career and 
     technical skill proficiencies, including student achievement 
     on technical assessments, that are aligned with industry-
     recognized standards, if available and appropriate.
       ``(ii) Student attainment of an industry-recognized 
     credential, a certificate, or a degree.
       ``(iii) Student retention in postsecondary education or 
     transfer to a baccalaureate degree program.
       ``(iv) Student placement in military service or 
     apprenticeship programs or placement or retention in 
     employment, including placement in high skill, high wage, or 
     high demand occupations or professions.
       ``(v) Student participation in, and completion of, career 
     and technical education programs that lead to employment in 
     non-traditional fields.
       ``(C) Additional indicators of performance.--An eligible 
     agency, with input from eligible recipients, may identify in 
     the State plan additional indicators of performance for 
     career and technical education activities authorized under 
     this title, such as attainment of self-sufficiency.
       ``(D) Existing indicators.--If a State has developed, prior 
     to the date of enactment of the Carl D. Perkins Career and 
     Technical Education Improvement Act of 2006, State career

[[Page H5777]]

     and technical education performance measures that meet the 
     requirements of this section (as amended by such Act), the 
     State may use such performance measures to measure the 
     progress of career and technical education students.
       ``(E) State role.--Indicators of performance described in 
     this paragraph shall be established solely by each eligible 
     agency with input from eligible recipients.
       ``(F) Alignment of performance indicators.--In the course 
     of developing core indicators of performance and additional 
     indicators of performance, an eligible agency shall, to the 
     greatest extent possible, align the indicators so that 
     substantially similar information gathered for other State 
     and Federal programs, or for any other purpose, is used to 
     meet the requirements of this section.
       ``(3) State levels of performance.--
       ``(A) State adjusted levels of performance for core 
     indicators of performance.--
       ``(i) In general.--Each eligible agency, with input from 
     eligible recipients, shall establish in the State plan 
     submitted under section 122, levels of performance for each 
     of the core indicators of performance described in 
     subparagraphs (A) and (B) of paragraph (2) for career and 
     technical education activities authorized under this title. 
     The levels of performance established under this subparagraph 
     shall, at a minimum--

       ``(I) be expressed in a percentage or numerical form, so as 
     to be objective, quantifiable, and measurable; and
       ``(II) require the State to continually make progress 
     toward improving the performance of career and technical 
     education students.

       ``(ii) Identification in the state plan.--Subject to 
     section 4, each eligible agency shall identify, in the State 
     plan submitted under section 122, levels of performance for 
     each of the core indicators of performance for the first 2 
     program years covered by the State plan.
       ``(iii) Agreement on state adjusted levels of performance 
     for first 2 years.--The Secretary and each eligible agency 
     shall reach agreement on the levels of performance for each 
     of the core indicators of performance, for the first 2 
     program years covered by the State plan, taking into account 
     the levels identified in the State plan under clause (ii) and 
     the factors described in clause (vi). The levels of 
     performance agreed to under this clause shall be considered 
     to be the State adjusted level of performance for the State 
     for such years and shall be incorporated into the State plan 
     prior to the approval of such plan.
       ``(iv) Role of the secretary.--The role of the Secretary in 
     the agreement described in clauses (iii) and (v) is limited 
     to reaching agreement on the percentage or number of students 
     who attain the State adjusted levels of performance.
       ``(v) Agreement on state adjusted levels of performance for 
     subsequent years.--Prior to the third and fifth program years 
     covered by the State plan, the Secretary and each eligible 
     agency shall reach agreement on the State adjusted levels of 
     performance for each of the core indicators of performance 
     for the corresponding subsequent program years covered by the 
     State plan, taking into account the factors described in 
     clause (vi). The State adjusted levels of performance agreed 
     to under this clause shall be considered to be the State 
     adjusted levels of performance for the State for such years 
     and shall be incorporated into the State plan.
       ``(vi) Factors.--The agreement described in clause (iii) or 
     (v) shall take into account--

       ``(I) how the levels of performance involved compare with 
     the State adjusted levels of performance established for 
     other States, taking into account factors including the 
     characteristics of participants when the participants entered 
     the program and the services or instruction to be provided; 
     and
       ``(II) the extent to which such levels of performance 
     promote continuous improvement on the indicators of 
     performance by such State.

       ``(vii) Revisions.--If unanticipated circumstances arise in 
     a State resulting in a significant change in the factors 
     described in clause (vi), the eligible agency may request 
     that the State adjusted levels of performance agreed to under 
     clause (iii) or (v) be revised. The Secretary shall issue 
     objective criteria and methods for making such revisions.
       ``(B) Levels of performance for additional indicators.--
     Each eligible agency shall identify in the State plan State 
     levels of performance for each of the additional indicators 
     of performance described in paragraph (2)(C). Such levels 
     shall be considered to be the State levels of performance for 
     purposes of this title.
       ``(4) Local levels of performance.--
       ``(A) Local adjusted levels of performance for core 
     indicators of performance.--
       ``(i) In general.--Each eligible recipient shall agree to 
     accept the State adjusted levels of performance established 
     under paragraph (3) as local adjusted levels of performances, 
     or negotiate with the State to reach agreement on new local 
     adjusted levels of performance, for each of the core 
     indicators of performance described in subparagraphs (A) and 
     (B) of paragraph (2) for career and technical education 
     activities authorized under this title. The levels of 
     performance established under this subparagraph shall, at a 
     minimum--

       ``(I) be expressed in a percentage or numerical form, 
     consistent with the State levels of performance established 
     under paragraph (3), so as to be objective, quantifiable, and 
     measurable; and
       ``(II) require the eligible recipient to continually make 
     progress toward improving the performance of career and 
     technical education students.

       ``(ii) Identification in the local plan.--Each eligible 
     recipient shall identify, in the local plan submitted under 
     section 134, levels of performance for each of the core 
     indicators of performance for the first 2 program years 
     covered by the local plan.
       ``(iii) Agreement on local adjusted levels of performance 
     for first 2 years.--The eligible agency and each eligible 
     recipient shall reach agreement, as described in clause (i), 
     on the eligible recipient's levels of performance for each of 
     the core indicators of performance for the first 2 program 
     years covered by the local plan, taking into account the 
     levels identified in the local plan under clause (ii) and the 
     factors described in clause (v). The levels of performance 
     agreed to under this clause shall be considered to be the 
     local adjusted levels of performance for the eligible 
     recipient for such years and shall be incorporated into the 
     local plan prior to the approval of such plan.
       ``(iv) Agreement on local adjusted levels of performance 
     for subsequent years.--Prior to the third and fifth program 
     years covered by the local plan, the eligible agency and each 
     eligible recipient shall reach agreement on the local 
     adjusted levels of performance for each of the core 
     indicators of performance for the corresponding subsequent 
     program years covered by the local plan, taking into account 
     the factors described in clause (v). The local adjusted 
     levels of performance agreed to under this clause shall be 
     considered to be the local adjusted levels of performance for 
     the eligible recipient for such years and shall be 
     incorporated into the local plan.
       ``(v) Factors.--The agreement described in clause (iii) or 
     (iv) shall take into account--

       ``(I) how the levels of performance involved compare with 
     the local adjusted levels of performance established for 
     other eligible recipients in the State, taking into account 
     factors including the characteristics of participants when 
     the participants entered the program and the services or 
     instruction to be provided; and
       ``(II) the extent to which the local adjusted levels of 
     performance promote continuous improvement on the core 
     indicators of performance by the eligible recipient.

       ``(vi) Revisions.--If unanticipated circumstances arise 
     with respect to an eligible recipient resulting in a 
     significant change in the factors described in clause (v), 
     the eligible recipient may request that the local adjusted 
     levels of performance agreed to under clause (iii) or (iv) be 
     revised. The eligible agency shall issue objective criteria 
     and methods for making such revisions.
       ``(B) Levels of performance for additional indicators.--
     Each eligible recipient may identify, in the local plan, 
     local levels of performance for any additional indicators of 
     performance described in paragraph (2)(C). Such levels shall 
     be considered to be the local levels of performance for 
     purposes of this title.
       ``(C) Local report.--
       ``(i) Content of report.--Each eligible recipient that 
     receives an allocation described in section 112 shall 
     annually prepare and submit to the eligible agency a report, 
     which shall include the data described in clause (ii)(I), 
     regarding the progress of such recipient in achieving the 
     local adjusted levels of performance on the core indicators 
     of performance.
       ``(ii) Data.--Except as provided in clauses (iii) and (iv), 
     each eligible recipient that receives an allocation described 
     in section 112 shall--

       ``(I) disaggregate data for each of the indicators of 
     performance under paragraph (2) for the categories of 
     students described in section 1111(h)(1)(C)(i) of the 
     Elementary and Secondary Education Act of 1965 and section 
     3(29) that are served under this Act; and
       ``(II) identify and quantify any disparities or gaps in 
     performance between any such category of students and the 
     performance of all students served by the eligible recipient 
     under this Act.

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

[[Page H5778]]

     shall not be required when the number of students in a 
     category is insufficient to yield statistically reliable 
     information or when the results would reveal personally 
     identifiable information about an individual student.
       ``(5) Information dissemination.--The Secretary--
       ``(A) shall make the information contained in such reports 
     available to the general public through a variety of formats, 
     including electronically through the Internet;
       ``(B) shall disseminate State-by-State comparisons of the 
     information; and
       ``(C) shall provide the appropriate committees of Congress 
     with copies of such reports.

     ``SEC. 114. NATIONAL ACTIVITIES.

       ``(a) Program Performance Information.--
       ``(1) In general.--The Secretary shall collect performance 
     information about, and report on, the condition of career and 
     technical education and on the effectiveness of State and 
     local programs, services, and activities carried out under 
     this title in order to provide the Secretary and Congress, as 
     well as Federal, State, local, and tribal agencies, with 
     information relevant to improvement in the quality and 
     effectiveness of career and technical education. The 
     Secretary shall report annually to Congress on the 
     Secretary's aggregate analysis of performance information 
     collected each year pursuant to this title, including an 
     analysis of performance data regarding special populations.
       ``(2) Compatibility.--The Secretary shall, to the extent 
     feasible, ensure that the performance information system is 
     compatible with other Federal information systems.
       ``(3) Assessments.--As a regular part of its assessments, 
     the National Center for Education Statistics shall collect 
     and report information on career and technical education for 
     a nationally representative sample of students. Such 
     assessment may include international comparisons in the 
     aggregate.
       ``(b) Miscellaneous Provisions.--
       ``(1) Collection of information at reasonable cost.--The 
     Secretary shall take such action as may be necessary to 
     secure at reasonable cost the information required by this 
     title. To ensure reasonable cost, the Secretary, in 
     consultation with the National Center for Education 
     Statistics, the Office of Vocational and Adult Education, and 
     an entity assisted under section 118 (if applicable), shall 
     determine the methodology to be used and the frequency with 
     which information is to be collected.
       ``(2) Cooperation of states.--All eligible agencies 
     receiving assistance under this Act shall cooperate with the 
     Secretary in implementing the information systems developed 
     pursuant to this Act.
       ``(c) Single Plan for Research, Development, Dissemination, 
     Evaluation, and Assessment.--
       ``(1) In general.--The Secretary may, directly or through 
     grants, contracts, or cooperative agreements, carry out 
     research, development, dissemination, evaluation and 
     assessment, capacity building, and technical assistance with 
     regard to the career and technical education programs under 
     this Act. The Secretary shall develop a single plan for such 
     activities.
       ``(2) Plan.--Such plan shall--
       ``(A) identify the career and technical education 
     activities described in paragraph (1) that the Secretary will 
     carry out under this section;
       ``(B) describe how the Secretary will evaluate such career 
     and technical education activities in accordance with 
     subsection (d)(2); and
       ``(C) include such other information as the Secretary 
     determines to be appropriate.
       ``(d) Advisory Panel; Evaluation; Reports.--
       ``(1) Independent advisory panel.--
       ``(A) In general.--The Secretary shall appoint an 
     independent advisory panel to advise the Secretary on the 
     implementation of the assessment described in paragraph (2), 
     including the issues to be addressed and the methodology of 
     the studies involved to ensure that the assessment adheres to 
     the highest standards of quality.
       ``(B) Members.--The advisory panel shall consist of--
       ``(i) educators, administrators, State directors of career 
     and technical education, and chief executives, including 
     those with expertise in the integration of academic and 
     career and technical education;
       ``(ii) experts in evaluation, research, and assessment;
       ``(iii) representatives of labor organizations and 
     businesses, including small businesses, economic development 
     entities, and workforce investment entities;
       ``(iv) parents;
       ``(v) career guidance and academic counseling 
     professionals; and
       ``(vi) other individuals and intermediaries with relevant 
     expertise.
       ``(C) Independent analysis.--The advisory panel shall 
     transmit to the Secretary, the relevant committees of 
     Congress, and the Library of Congress an independent analysis 
     of the findings and recommendations resulting from the 
     assessment described in paragraph (2).
       ``(D) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the panel established under this 
     paragraph.
       ``(2) Evaluation and assessment.--
       ``(A) In general.--From amounts made available under 
     subsection (e), the Secretary shall provide for the conduct 
     of an independent evaluation and assessment of career and 
     technical education programs under this Act, including the 
     implementation of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2006, to the extent practicable, 
     through studies and analyses conducted independently through 
     grants, contracts, and cooperative agreements that are 
     awarded on a competitive basis.
       ``(B) Contents.--The assessment required under subparagraph 
     (A) shall include descriptions and evaluations of--
       ``(i) the extent to which State, local, and tribal entities 
     have developed, implemented, or improved State and local 
     career and technical education programs assisted under this 
     Act;
       ``(ii) the preparation and qualifications of teachers and 
     faculty of career and technical education (such as meeting 
     State established teacher certification or licensing 
     requirements), as well as shortages of such teachers and 
     faculty;
       ``(iii) academic and career and technical education 
     achievement and employment outcomes of career and technical 
     education, including analyses of--

       ``(I) the extent and success of the integration of rigorous 
     and challenging academic and career and technical education 
     for students participating in career and technical education 
     programs, including a review of the effect of such 
     integration on the academic and technical proficiency 
     achievement of such students (including the number of such 
     students receiving a secondary school diploma); and
       ``(II) the extent to which career and technical education 
     programs prepare students, including special populations, for 
     subsequent employment in high skill, high wage occupations 
     (including those in which mathematics and science skills are 
     critical), or for participation in postsecondary education;

       ``(iv) employer involvement in, and satisfaction with, 
     career and technical education programs and career and 
     technical education students' preparation for employment;
       ``(v) the participation of students in career and technical 
     education programs;
       ``(vi) the use of educational technology and distance 
     learning with respect to career and technical education and 
     tech prep programs; and
       ``(vii) the effect of State and local adjusted levels of 
     performance and State and local levels of performance on the 
     delivery of career and technical education services, 
     including the percentage of career and technical education 
     and tech prep students meeting the adjusted levels of 
     performance described in section 113.
       ``(C) Reports.--
       ``(i) In general.--The Secretary shall submit to the 
     relevant committees of Congress--

       ``(I) an interim report regarding the assessment on or 
     before January 1, 2010; and
       ``(II) a final report, summarizing all studies and analyses 
     that relate to the assessment and that are completed after 
     the interim report, on or before July 1, 2011.

       ``(ii) Prohibition.--Notwithstanding any other provision of 
     law, the reports required by this subsection shall not be 
     subject to any review outside the Department of Education 
     before their transmittal to the relevant committees of 
     Congress and the Secretary, but the President, the Secretary, 
     and the independent advisory panel established under 
     paragraph (1) may make such additional recommendations to 
     Congress with respect to the assessment as the President, the 
     Secretary, or the panel determine to be appropriate.
       ``(3) Collection of state information and report.--
       ``(A) In general.--The Secretary may collect and 
     disseminate information from States regarding State efforts 
     to meet State adjusted levels of performance described in 
     section 113(b).
       ``(B) Report.--The Secretary shall gather any information 
     collected pursuant to subparagraph (A) and submit a report to 
     the relevant committees in Congress.
       ``(4) Research.--
       ``(A) In general.--From amounts made available under 
     subsection (e), the Secretary, after consulting with the 
     States, shall award a grant, contract, or cooperative 
     agreement, on a competitive basis, to an institution of 
     higher education, a public or private nonprofit organization 
     or agency, or a consortium of such institutions, 
     organizations, or agencies to establish a national research 
     center--
       ``(i) to carry out scientifically based research and 
     evaluation for the purpose of developing, improving, and 
     identifying the most successful methods for addressing the 
     education, employment, and training needs of participants, 
     including special populations, in career and technical 
     education programs, including research and evaluation in such 
     activities as--

       ``(I) the integration of--

       ``(aa) career and technical instruction; and
       ``(bb) academic, secondary and postsecondary instruction;

       ``(II) education technology and distance learning 
     approaches and strategies that are effective with respect to 
     career and technical education;
       ``(III) State adjusted levels of performance and State 
     levels of performance that serve to improve career and 
     technical education programs and student achievement;
       ``(IV) academic knowledge and career and technical skills 
     required for employment or participation in postsecondary 
     education; and
       ``(V) preparation for occupations in high skill, high wage, 
     or high demand business and industry, including examination 
     of--

       ``(aa) collaboration between career and technical education 
     programs and business and industry; and
       ``(bb) academic and technical skills required for a 
     regional or sectoral workforce, including small business;
       ``(ii) to carry out scientifically based research and 
     evaluation to increase the effectiveness and improve the 
     implementation of career and technical education programs 
     that are integrated with coherent and rigorous content 
     aligned with challenging academic standards, including 
     conducting research and development, and studies, that 
     provide longitudinal information or formative evaluation with 
     respect to career and technical education programs and 
     student achievement;

[[Page H5779]]

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

       ``(I) effective in-service and preservice teacher and 
     faculty education that assists career and technical education 
     programs in--

       ``(aa) integrating those programs with academic content 
     standards and student academic achievement standards, as 
     adopted by States under section 1111(b)(1) of the Elementary 
     and Secondary Education Act of 1965; and
       ``(bb) coordinating technical education with industry-
     recognized certification requirements;

       ``(II) dissemination and training activities related to the 
     applied research and demonstration activities described in 
     this subsection, which may also include serving as a 
     repository for information on career and technical skills, 
     State academic standards, and related materials; and
       ``(III) the recruitment and retention of career and 
     technical education teachers, faculty, counselors, and 
     administrators, including individuals in groups 
     underrepresented in the teaching profession; and

       ``(iv) to carry out such other research and evaluation, 
     consistent with the purposes of this Act, as the Secretary 
     determines appropriate to assist State and local recipients 
     of funds under this Act.
       ``(B) Report.--The center conducting the activities 
     described in subparagraph (A) shall annually prepare a report 
     of the key research findings of such center and shall submit 
     copies of the report to the Secretary, the relevant 
     committees of Congress, the Library of Congress, and each 
     eligible agency.
       ``(C) Dissemination.--The center shall conduct 
     dissemination and training activities based upon the research 
     described in subparagraph (A).
       ``(5) Demonstrations and dissemination.--The Secretary is 
     authorized to carry out demonstration career and technical 
     education programs, to replicate model career and technical 
     education programs, to disseminate best practices 
     information, and to provide technical assistance upon request 
     of a State, for the purposes of developing, improving, and 
     identifying the most successful methods and techniques for 
     providing career and technical education programs assisted 
     under this Act.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2007 
     through 2012.

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

       ``(a) Outlying Areas.--From funds reserved pursuant to 
     section 111(a)(1)(A), the Secretary shall--
       ``(1) make a grant in the amount of $660,000 to Guam;
       ``(2) make a grant in the amount of $350,000 to each of 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands; and
       ``(3) make a grant of $160,000 to the Republic of Palau, 
     subject to subsection (d).
       ``(b) Remainder.--
       ``(1) First year.--Subject to subsection (a), for the first 
     fiscal year following the date of enactment of the Carl D. 
     Perkins Career and Technical Education Improvement Act of 
     2006, the Secretary shall make a grant of the remainder of 
     funds reserved pursuant to section 111(a)(1)(A) to the 
     Pacific Region Educational Laboratory in Honolulu, Hawaii, to 
     make grants for career and technical education and training 
     in Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands, for the purpose of providing direct career 
     and technical educational services, including--
       ``(A) teacher and counselor training and retraining;
       ``(B) curriculum development; and
       ``(C) the improvement of career and technical education and 
     training programs in secondary schools and institutions of 
     higher education, or improving cooperative education programs 
     involving secondary schools and institutions of higher 
     education.
       ``(2) Subsequent years.--Subject to subsection (a), for the 
     second fiscal year following the date of enactment of the 
     Carl D. Perkins Career and Technical Education Improvement 
     Act of 2006, and each subsequent year, the Secretary shall 
     make a grant of the remainder of funds reserved pursuant to 
     section 111(a)(1)(A) and subject to subsection (a), in equal 
     proportion, to each of Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be used to 
     provide direct career and technical educational services as 
     described in subparagraphs (A) through (C) of paragraph (1).
       ``(c) Limitation.--The Pacific Region Educational 
     Laboratory may use not more than 5 percent of the funds 
     received under subsection (b)(1) for administrative costs.
       ``(d) Restriction.--The Republic of Palau shall cease to be 
     eligible to receive funding under this section upon entering 
     into an agreement for an extension of United States 
     educational assistance under the Compact of Free Association, 
     unless otherwise provided in such agreement.

     ``SEC. 116. NATIVE AMERICAN PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Alaska native.--The term `Alaska Native' means a 
     Native as such term is defined in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602).
       ``(2) Bureau-funded school.--The term `Bureau-funded 
     school' has the meaning given the term in section 1141 of the 
     Education Amendments of 1978 (25 U.S.C. 2021).
       ``(3) Indian, indian tribe, and tribal organization.--The 
     terms `Indian', `Indian tribe', and `tribal organization' 
     have the meanings given the terms in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).
       ``(4) Native hawaiian.--The term `Native Hawaiian' means 
     any individual any of whose ancestors were natives, prior to 
     1778, of the area which now comprises the State of Hawaii.
       ``(5) Native hawaiian organization.--The term `Native 
     Hawaiian organization' has the meaning given the term in 
     section 7207 of the Native Hawaiian Education Act (20 U.S.C. 
     7517).
       ``(b) Program Authorized.--
       ``(1) Authority.--From funds reserved under section 
     111(a)(1)(B)(i), the Secretary shall make grants to or enter 
     into contracts with Indian tribes, tribal organizations, and 
     Alaska Native entities to carry out the authorized programs 
     described in subsection (c), except that such grants or 
     contracts shall not be awarded to secondary school programs 
     in Bureau-funded schools.
       ``(2) Indian tribes and tribal organizations.--The grants 
     or contracts described in this section that are awarded to 
     any Indian tribe or tribal organization shall be subject to 
     the terms and conditions of section 102 of the Indian Self-
     Determination Act (25 U.S.C. 450f) and shall be conducted in 
     accordance with the provisions of sections 4, 5, and 6 of the 
     Act of April 16, 1934 (25 U.S.C. 455-457), which are relevant 
     to the programs administered under this subsection.
       ``(3) Special authority relating to secondary schools 
     operated or supported by the bureau of indian affairs.--An 
     Indian tribe, a tribal organization, or an Alaska Native 
     entity, that receives funds through a grant made or contract 
     entered into under paragraph (1) may use the funds to provide 
     assistance to a secondary school operated or supported by the 
     Bureau of Indian Affairs to enable such school to carry out 
     career and technical education programs.
       ``(4) Matching.--If sufficient funding is available, the 
     Bureau of Indian Affairs shall expend an amount equal to the 
     amount made available under this subsection, relating to 
     programs for Indians, to pay a part of the costs of programs 
     funded under this subsection. During each fiscal year the 
     Bureau of Indian Affairs shall expend not less than the 
     amount expended during the prior fiscal year on career and 
     technical education programs, services, and technical 
     activities administered directly by, or under contract with, 
     the Bureau of Indian Affairs, except that in no year shall 
     funding for such programs, services, and activities be 
     provided from accounts and programs that support other Indian 
     education programs. The Secretary and the Assistant Secretary 
     of the Interior for Indian Affairs shall prepare jointly a 
     plan for the expenditure of funds made available and for the 
     evaluation of programs assisted under this subsection. Upon 
     the completion of a joint plan for the expenditure of the 
     funds and the evaluation of the programs, the Secretary shall 
     assume responsibility for the administration of the program, 
     with the assistance and consultation of the Bureau of Indian 
     Affairs.
       ``(5) Regulations.--If the Secretary promulgates any 
     regulations applicable to paragraph (2), the Secretary 
     shall--
       ``(A) confer with, and allow for active participation by, 
     representatives of Indian tribes, tribal organizations, and 
     individual tribal members; and
       ``(B) promulgate the regulations under subchapter III of 
     chapter 5 of title 5, United States Code, commonly known as 
     the `Negotiated Rulemaking Act of 1990'.
       ``(6) Application.--Any Indian tribe, tribal organization, 
     or Bureau-funded school eligible to receive assistance under 
     this subsection may apply individually or as part of a 
     consortium with another such Indian tribe, tribal 
     organization, or Bureau-funded school.
       ``(c) Authorized Activities.--
       ``(1) Authorized programs.--Funds made available under this 
     section shall be used to carry out career and technical 
     education programs consistent with the purpose of this Act.
       ``(2) Stipends.--
       ``(A) In general.--Funds received pursuant to grants or 
     contracts awarded under subsection (b) may be used to provide 
     stipends to students who are enrolled in career and technical 
     education programs and who have acute economic needs which 
     cannot be met through work-study programs.
       ``(B) Amount.--Stipends described in subparagraph (A) shall 
     not exceed reasonable amounts as prescribed by the Secretary.
       ``(d) Grant or Contract Application.--In order to receive a 
     grant or contract under this section, an organization, tribe, 
     or entity described in subsection (b) shall submit an 
     application to the Secretary that shall include an assurance 
     that such organization, tribe, or entity shall comply with 
     the requirements of this section.
       ``(e) Restrictions and Special Considerations.--The 
     Secretary may not place upon grants awarded or contracts 
     entered into under subsection (b) any restrictions relating 
     to programs other than restrictions that apply to grants made 
     to or contracts entered into with States pursuant to 
     allotments under section 111(a). The Secretary, in awarding 
     grants and entering into contracts under this section, shall 
     ensure that the grants and contracts will improve career and 
     technical education programs, and shall give special 
     consideration to--
       ``(1) programs that involve, coordinate with, or encourage 
     tribal economic development plans; and
       ``(2) applications from tribally controlled colleges or 
     universities that--
       ``(A) are accredited or are candidates for accreditation by 
     a nationally recognized accreditation organization as an 
     institution of postsecondary career and technical education; 
     or
       ``(B) operate career and technical education programs that 
     are accredited or are candidates for accreditation by a 
     nationally recognized accreditation organization, and issue 
     certificates

[[Page H5780]]

     for completion of career and technical education programs.
       ``(f) Consolidation of Funds.--Each organization, tribe, or 
     entity receiving assistance under this section may 
     consolidate such assistance with assistance received from 
     related programs in accordance with the provisions of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
       ``(g) Nonduplicative and Nonexclusive Services.--Nothing in 
     this section shall be construed--
       ``(1) to limit the eligibility of any organization, tribe, 
     or entity described in subsection (b) to participate in any 
     activity offered by an eligible agency or eligible recipient 
     under this title; or
       ``(2) to preclude or discourage any agreement, between any 
     organization, tribe, or entity described in subsection (b) 
     and any eligible agency or eligible recipient, to facilitate 
     the provision of services by such eligible agency or eligible 
     recipient to the population served by such eligible agency or 
     eligible recipient.
       ``(h) Native Hawaiian Programs.--From the funds reserved 
     pursuant to section 111(a)(1)(B)(ii), the Secretary shall 
     award grants to or enter into contracts with community-based 
     organizations primarily serving and representing Native 
     Hawaiians to plan, conduct, and administer programs, or 
     portions thereof, which are authorized by and consistent with 
     the provisions of this section for the benefit of Native 
     Hawaiians.

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

       ``(a) Grants Authorized.--The Secretary shall, subject to 
     the availability of appropriations, make grants pursuant to 
     this section to tribally controlled postsecondary career and 
     technical institutions that are not receiving Federal support 
     under the Tribally Controlled College or University 
     Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo 
     Community College Act (25 U.S.C. 640a et seq.) to provide 
     basic support for the education and training of Indian 
     students.
       ``(b) Uses of Grants.--Amounts made available under this 
     section shall be used for career and technical education 
     programs for Indian students and for the institutional 
     support costs of the grant, including the expenses described 
     in subsection (e).
       ``(c) Amount of Grants.--
       ``(1) In general.--If the sums appropriated for any fiscal 
     year for grants under this section are not sufficient to pay 
     in full the total amount which approved applicants are 
     eligible to receive under this section for such fiscal year, 
     the Secretary shall first allocate to each such applicant who 
     received funds under this part for the preceding fiscal year 
     an amount equal to 100 percent of the product of the per 
     capita payment for the preceding fiscal year and such 
     applicant's Indian student count for the current program 
     year, plus an amount equal to the actual cost of any increase 
     to the per capita figure resulting from inflationary 
     increases to necessary costs beyond the institution's 
     control.
       ``(2) Per capita determination.--For the purposes of 
     paragraph (1), the per capita payment for any fiscal year 
     shall be determined by dividing the amount available for 
     grants to tribally controlled postsecondary career and 
     technical institutions under this section for such program 
     year by the sum of the Indian student counts of such 
     institutions for such program year. The Secretary shall, on 
     the basis of the most accurate data available from the 
     institutions, compute the Indian student count for any fiscal 
     year for which such count was not used for the purpose of 
     making allocations under this section.
       ``(3) Indirect costs.--Notwithstanding any other provision 
     of law or regulation, the Secretary shall not require the use 
     of a restricted indirect cost rate for grants issued under 
     this section.
       ``(d) Applications.--Any tribally controlled postsecondary 
     career and technical institution that is not receiving 
     Federal support under the Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or 
     the Navajo Community College Act (25 U.S.C. 640a et seq.) 
     that desires to receive a grant under this section shall 
     submit an application to the Secretary in such manner and 
     form as the Secretary may require.
       ``(e) Expenses.--
       ``(1) In general.--The Secretary shall, subject to the 
     availability of appropriations, provide for each program year 
     to each tribally controlled postsecondary career and 
     technical institution having an application approved by the 
     Secretary, an amount necessary to pay expenses associated 
     with--
       ``(A) the maintenance and operation of the program, 
     including development costs, costs of basic and special 
     instruction (including special programs for individuals with 
     disabilities and academic instruction), materials, student 
     costs, administrative expenses, boarding costs, 
     transportation, student services, daycare and family support 
     programs for students and their families (including 
     contributions to the costs of education for dependents), and 
     student stipends;
       ``(B) capital expenditures, including operations and 
     maintenance, and minor improvements and repair, and physical 
     plant maintenance costs, for the conduct of programs funded 
     under this section;
       ``(C) costs associated with repair, upkeep, replacement, 
     and upgrading of the instructional equipment; and
       ``(D) institutional support of career and technical 
     education.
       ``(2) Accounting.--Each institution receiving a grant under 
     this section shall provide annually to the Secretary an 
     accurate and detailed accounting of the institution's 
     operating and maintenance expenses and such other information 
     concerning costs as the Secretary may reasonably require.
       ``(f) Other Programs.--
       ``(1) In general.--Except as specifically provided in this 
     Act, eligibility for assistance under this section shall not 
     preclude any tribally controlled postsecondary career and 
     technical institution from receiving Federal financial 
     assistance under any program authorized under the Higher 
     Education Act of 1965, or under any other applicable program 
     for the benefit of institutions of higher education or career 
     and technical education.
       ``(2) Prohibition on alteration of grant amount.--The 
     amount of any grant for which tribally controlled 
     postsecondary career and technical institutions are eligible 
     under this section shall not be altered because of funds 
     allocated to any such institution from funds appropriated 
     under the Act of November 2, 1921 (commonly known as the 
     `Snyder Act') (25 U.S.C. 13).
       ``(3) Prohibition on contract denial.--No tribally 
     controlled postsecondary career and technical institution for 
     which an Indian tribe has designated a portion of the funds 
     appropriated for the tribe from funds appropriated under the 
     Act of November 2, 1921 (25 U.S.C. 13), may be denied a 
     contract for such portion under the Indian Self-Determination 
     and Education Assistance Act (except as provided in that 
     Act), or denied appropriate contract support to administer 
     such portion of the appropriated funds.
       ``(g) Complaint Resolution Procedure.--The Secretary shall 
     establish (after consultation with tribally controlled 
     postsecondary career and technical institutions) a complaint 
     resolution procedure for grant determinations and 
     calculations under this section for tribally controlled 
     postsecondary career and technical institutions.
       ``(h) Definitions.--In this section:
       ``(1) Indian; indian tribe.--The terms `Indian' and `Indian 
     tribe' have the meanings given the terms in section 2 of the 
     Tribally Controlled College or University Assistance Act of 
     1978 (25 U.S.C. 1801).
       ``(2) Indian student count.--
       ``(A) In general.--The term `Indian student count' means a 
     number equal to the total number of Indian students enrolled 
     in each tribally controlled postsecondary career and 
     technical institution, as determined in accordance with 
     subparagraph (B).
       ``(B) Determination.--
       ``(i) Enrollment.--For each academic year, the Indian 
     student count shall be determined on the basis of the 
     enrollments of Indian students as in effect at the conclusion 
     of--

       ``(I) in the case of the fall term, the third week of the 
     fall term; and
       ``(II) in the case of the spring term, the third week of 
     the spring term.

       ``(ii) Calculation.--For each academic year, the Indian 
     student count for a tribally controlled postsecondary career 
     and technical institution shall be the quotient obtained by 
     dividing--

       ``(I) the sum of the credit hours of all Indian students 
     enrolled in the tribally controlled postsecondary career and 
     technical institution (as determined under clause (i)); by
       ``(II) 12.

       ``(iii) Summer term.--Any credit earned in a class offered 
     during a summer term shall be counted in the determination of 
     the Indian student count for the succeeding fall term.
       ``(iv) Students without secondary school degrees.--

       ``(I) In general.--A credit earned at a tribally controlled 
     postsecondary career and technical institution by any Indian 
     student that has not obtained a secondary school degree (or 
     the recognized equivalent of such a degree) shall be counted 
     toward the determination of the Indian student count if the 
     institution at which the student is enrolled has established 
     criteria for the admission of the student on the basis of the 
     ability of the student to benefit from the education or 
     training of the institution.
       ``(II) Presumption.--The institution shall be presumed to 
     have established the criteria described in subclause (I) if 
     the admission procedures for the institution include 
     counseling or testing that measures the aptitude of a student 
     to successfully complete a course in which the student is 
     enrolled.
       ``(III) Credits toward secondary school degree.--No credit 
     earned by an Indian student for the purpose of obtaining a 
     secondary school degree (or the recognized equivalent of such 
     a degree) shall be counted toward the determination of the 
     Indian student count under this clause.

       ``(v) Continuing education programs.--Any credit earned by 
     an Indian student in a continuing education program of a 
     tribally controlled postsecondary career and technical 
     institution shall be included in the determination of the sum 
     of all credit hours of the student if the credit is converted 
     to a credit hour basis in accordance with the system of the 
     institution for providing credit for participation in the 
     program.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2007 
     through 2012.

     ``SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

       ``(a) National Activities.--From funds appropriated under 
     subsection (g), the Secretary, in consultation with 
     appropriate Federal agencies, is authorized--
       ``(1) to provide assistance to an entity to enable the 
     entity--
       ``(A) to provide technical assistance to State entities 
     designated under subsection (c) to enable the State entities 
     to carry out the activities described in such subsection;
       ``(B) to disseminate information that promotes the 
     replication of high quality practices described in subsection 
     (c); and

[[Page H5781]]

       ``(C) to develop and disseminate products and services 
     related to the activities described in subsection (c); and
       ``(2) to award grants to States that designate State 
     entities in accordance with subsection (c) to enable the 
     State entities to carry out the State level activities 
     described in such subsection.
       ``(b) State Application.--
       ``(1) In general.--A jointly designated State entity 
     described in subsection (c) that desires to receive a grant 
     under this section shall submit an application to the 
     Secretary at the same time the State submits its State plan 
     under section 122, in such manner, and accompanied by such 
     additional information, as the Secretary may reasonably 
     require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include a description of how the jointly designated 
     State entity described in subsection (c) will provide 
     information based on trends provided pursuant to section 15 
     of the Wagner-Peyser Act to inform program development.
       ``(c) State Level Activities.--In order for a State to 
     receive a grant under this section, the eligible agency and 
     the Governor of the State shall jointly designate an entity 
     in the State--
       ``(1) to provide support for career guidance and academic 
     counseling programs designed to promote improved career and 
     education decision making by students (and parents, as 
     appropriate) regarding education (including postsecondary 
     education) and training options and preparations for high 
     skill, high wage, or high demand occupations and non-
     traditional fields;
       ``(2) to make available to students, parents, teachers, 
     administrators, faculty, and career guidance and academic 
     counselors, and to improve accessibility with respect to, 
     information and planning resources that relate academic and 
     career and technical educational preparation to career goals 
     and expectations;
       ``(3) to provide academic and career and technical 
     education teachers, faculty, administrators, and career 
     guidance and academic counselors with the knowledge, skills, 
     and occupational information needed to assist parents and 
     students, especially special populations, with career 
     exploration, educational opportunities, education financing, 
     and exposure to high skill, high wage, or high demand 
     occupations and non-traditional fields, including occupations 
     and fields requiring a baccalaureate degree;
       ``(4) to assist appropriate State entities in tailoring 
     career related educational resources and training for use by 
     such entities, including information on high skill, high 
     wage, or high demand occupations in current or emerging 
     professions and on career ladder information;
       ``(5) to improve coordination and communication among 
     administrators and planners of programs authorized by this 
     Act and by section 15 of the Wagner-Peyser Act at the 
     Federal, State, and local levels to ensure nonduplication of 
     efforts and the appropriate use of shared information and 
     data;
       ``(6) to provide ongoing means for customers, such as 
     students and parents, to provide comments and feedback on 
     products and services and to update resources, as 
     appropriate, to better meet customer requirements; and
       ``(7) to provide readily available occupational information 
     such as--
       ``(A) information relative to employment sectors;
       ``(B) information on occupation supply and demand; and
       ``(C) other information provided pursuant to section 15 of 
     the Wagner-Peyser Act as the jointly designated State entity 
     considers relevant.
       ``(d) Nonduplication.--
       ``(1) Wagner-peyser act.--The jointly designated State 
     entity described under subsection (c) may use funds provided 
     under subsection (a)(2) to supplement activities under 
     section 15 of the Wagner-Peyser Act to the extent such 
     activities do not duplicate activities assisted under such 
     section.
       ``(2) Public law 105-220.--None of the functions and 
     activities assisted under this section shall duplicate the 
     functions and activities carried out under Public Law 105-
     220.
       ``(e) Funding Rule.--Of the amounts appropriated to carry 
     out this section, the Federal entity designated under 
     subsection (a) shall use--
       ``(1) not less than 85 percent to carry out subsection (c); 
     and
       ``(2) not more than 15 percent to carry out subsection (a).
       ``(f) Report.--The Secretary, in consultation with 
     appropriate Federal agencies, shall prepare and submit to the 
     appropriate committees of Congress, an annual report that 
     includes--
       ``(1) a description of activities assisted under this 
     section during the prior program year;
       ``(2) a description of the specific products and services 
     assisted under this section that were delivered in the prior 
     program year; and
       ``(3) an assessment of the extent to which States have 
     effectively coordinated activities assisted under this 
     section with activities authorized under section 15 of the 
     Wagner-Peyser Act.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of the fiscal years 2007 
     through 2012.

                       ``PART B--STATE PROVISIONS

     ``SEC. 121. STATE ADMINISTRATION.

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

     ``SEC. 122. STATE PLAN.

       ``(a) State Plan.--
       ``(1) In general.--Each eligible agency desiring assistance 
     under this title for any fiscal year shall prepare and submit 
     to the Secretary a State plan for a 6-year period, together 
     with such annual revisions as the eligible agency determines 
     to be necessary, except that, during the period described in 
     section 4, each eligible agency may submit a transition plan 
     that shall fulfill the eligible agency's obligation to submit 
     a State plan under this section for the first fiscal year 
     following the date of enactment of the Carl D. Perkins Career 
     and Technical Education Improvement Act of 2006.
       ``(2) Revisions.--Each eligible agency--
       ``(A) may submit such annual revisions of the State plan to 
     the Secretary as the eligible agency determines to be 
     necessary; and
       ``(B) shall, after the second year of the 6-year period, 
     conduct a review of activities assisted under this title and 
     submit any revisions of the State plan that the eligible 
     agency determines necessary to the Secretary.
       ``(3) Hearing process.--The eligible agency shall conduct 
     public hearings in the State, after appropriate and 
     sufficient notice, for the purpose of affording all segments 
     of the public and interested organizations and groups 
     (including charter school authorizers and organizers 
     consistent with State law, employers, labor organizations, 
     parents, students, and community organizations), an 
     opportunity to present their views and make recommendations 
     regarding the State plan. A summary of such recommendations 
     and the eligible agency's response to such recommendations 
     shall be included in the State plan.
       ``(b) Plan Development.--
       ``(1) In general.--The eligible agency shall--
       ``(A) develop the State plan in consultation with--
       ``(i) academic and career and technical education teachers, 
     faculty, and administrators;
       ``(ii) career guidance and academic counselors;
       ``(iii) eligible recipients;
       ``(iv) charter school authorizers and organizers consistent 
     with State law;
       ``(v) parents and students;
       ``(vi) institutions of higher education;
       ``(vii) the State tech prep coordinator and representatives 
     of tech prep consortia (if applicable);
       ``(viii) entities participating in activities described in 
     section 111 of Public Law 105-220;
       ``(ix) interested community members (including parent and 
     community organizations);
       ``(x) representatives of special populations;
       ``(xi) representatives of business and industry (including 
     representatives of small business); and
       ``(xii) representatives of labor organizations in the 
     State; and
       ``(B) consult the Governor of the State with respect to 
     such development.
       ``(2) Activities and procedures.--The eligible agency shall 
     develop effective activities and procedures, including access 
     to information needed to use such procedures, to allow the 
     individuals and entities described in paragraph (1) to 
     participate in State and local decisions that relate to 
     development of the State plan.
       ``(c) Plan Contents.--The State plan shall include 
     information that--
       ``(1) describes the career and technical education 
     activities to be assisted that are designed to meet or exceed 
     the State adjusted levels of performance, including a 
     description of--
       ``(A) the career and technical programs of study, which may 
     be adopted by local educational agencies and postsecondary 
     institutions to be offered as an option to students (and 
     their parents as appropriate) when planning for and 
     completing future coursework, for career and technical 
     content areas that--
       ``(i) incorporate secondary education and postsecondary 
     education elements;
       ``(ii) include coherent and rigorous content aligned with 
     challenging academic standards and relevant career and 
     technical content in a coordinated, nonduplicative 
     progression of courses that align secondary education with 
     postsecondary education to adequately prepare students to 
     succeed in postsecondary education;
       ``(iii) may include the opportunity for secondary education 
     students to participate in dual or concurrent enrollment 
     programs or other ways to acquire postsecondary education 
     credits; and
       ``(iv) lead to an industry-recognized credential or 
     certificate at the postsecondary level, or an associate or 
     baccalaureate degree;

[[Page H5782]]

       ``(B) how the eligible agency, in consultation with 
     eligible recipients, will develop and implement the career 
     and technical programs of study described in subparagraph 
     (A);
       ``(C) how the eligible agency will support eligible 
     recipients in developing and implementing articulation 
     agreements between secondary education and postsecondary 
     education institutions;
       ``(D) how the eligible agency will make available 
     information about career and technical programs of study 
     offered by eligible recipients;
       ``(E) the secondary and postsecondary career and technical 
     education programs to be carried out, including programs that 
     will be carried out by the eligible agency to develop, 
     improve, and expand access to appropriate technology in 
     career and technical education programs;
       ``(F) the criteria that will be used by the eligible agency 
     to approve eligible recipients for funds under this Act, 
     including criteria to assess the extent to which the local 
     plan will--
       ``(i) promote continuous improvement in academic 
     achievement;
       ``(ii) promote continuous improvement of technical skill 
     attainment; and
       ``(iii) identify and address current or emerging 
     occupational opportunities;
       ``(G) how programs at the secondary level will prepare 
     career and technical education students, including special 
     populations, to graduate from secondary school with a 
     diploma;
       ``(H) how such programs will prepare career and technical 
     education students, including special populations, 
     academically and technically for opportunities in 
     postsecondary education or entry into high skill, high wage, 
     or high demand occupations in current or emerging 
     occupations, and how participating students will be made 
     aware of such opportunities;
       ``(I) how funds will be used to improve or develop new 
     career and technical education courses--
       ``(i) at the secondary level that are aligned with rigorous 
     and challenging academic content standards and student 
     academic achievement standards adopted by the State under 
     section 1111 (b)(1) of the Elementary and Secondary Education 
     Act of 1965;
       ``(ii) at the postsecondary level that are relevant and 
     challenging; and
       ``(iii) that lead to employment in high skill, high wage, 
     or high demand occupations;
       ``(J) how the eligible agency will facilitate and 
     coordinate communication on best practices among successful 
     recipients of tech prep program grants under title II and 
     eligible recipients to improve program quality and student 
     achievement;
       ``(K) how funds will be used effectively to link academic 
     and career and technical education at the secondary level and 
     at the postsecondary level in a manner that increases student 
     academic and career and technical achievement; and
       ``(L) how the eligible agency will report on the 
     integration of coherent and rigorous content aligned with 
     challenging academic standards in career and technical 
     education programs in order to adequately evaluate the extent 
     of such integration;
       ``(2) describes how comprehensive professional development 
     (including initial teacher preparation and activities that 
     support recruitment) for career and technical education 
     teachers, faculty, administrators, and career guidance and 
     academic counselors will be provided, especially professional 
     development that--
       ``(A) promotes the integration of coherent and rigorous 
     academic content standards and career and technical education 
     curricula, including through opportunities for the 
     appropriate academic and career and technical education 
     teachers to jointly develop and implement curricula and 
     pedagogical strategies, as appropriate;
       ``(B) increases the percentage of teachers that meet 
     teacher certification or licensing requirements;
       ``(C) is high quality, sustained, intensive, and focused on 
     instruction, and increases the academic knowledge and 
     understanding of industry standards, as appropriate, of 
     career and technical education teachers;
       ``(D) encourages applied learning that contributes to the 
     academic and career and technical knowledge of the student;
       ``(E) provides the knowledge and skills needed to work with 
     and improve instruction for special populations;
       ``(F) assists in accessing and utilizing data, including 
     data provided under section 118, student achievement data, 
     and data from assessments; and
       ``(G) promotes integration with professional development 
     activities that the State carries out under title II of the 
     Elementary and Secondary Education Act of 1965 and title 
     II of the Higher Education Act of 1965;
       ``(3) describes efforts to improve--
       ``(A) the recruitment and retention of career and technical 
     education teachers, faculty, and career guidance and academic 
     counselors, including individuals in groups underrepresented 
     in the teaching profession; and
       ``(B) the transition to teaching from business and 
     industry, including small business;
       ``(4) describes efforts to facilitate the transition of 
     subbaccalaureate career and technical education students into 
     baccalaureate degree programs at institutions of higher 
     education;
       ``(5) describes how the eligible agency will actively 
     involve parents, academic and career and technical education 
     teachers, administrators, faculty, career guidance and 
     academic counselors, local business (including small 
     businesses), and labor organizations in the planning, 
     development, implementation, and evaluation of such career 
     and technical education programs;
       ``(6) describes how funds received by the eligible agency 
     through the allotment made under section 111 will be 
     allocated--
       ``(A) among career and technical education at the secondary 
     level, or career and technical education at the postsecondary 
     and adult level, or both, including the rationale for such 
     allocation; and
       ``(B) among any consortia that will be formed among 
     secondary schools and eligible institutions, and how funds 
     will be allocated among the members of the consortia, 
     including the rationale for such allocation;
       ``(7) describes how the eligible agency will--
       ``(A) improve the academic and technical skills of students 
     participating in career and technical education programs, 
     including strengthening the academic and career and technical 
     components of career and technical education programs through 
     the integration of academics with career and technical 
     education to ensure learning in--
       ``(i) the core academic subjects (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965); 
     and
       ``(ii) career and technical education subjects;
       ``(B) provide students with strong experience in, and 
     understanding of, all aspects of an industry; and
       ``(C) ensure that students who participate in such career 
     and technical education programs are taught to the same 
     challenging academic proficiencies as are taught to all other 
     students;
       ``(8) describes how the eligible agency will annually 
     evaluate the effectiveness of such career and technical 
     education programs, and describe, to the extent practicable, 
     how the eligible agency is coordinating such programs to 
     ensure nonduplication with other Federal programs;
       ``(9) describes the eligible agency's program strategies 
     for special populations, including a description of how 
     individuals who are members of the special populations--
       ``(A) will be provided with equal access to activities 
     assisted under this Act;
       ``(B) will not be discriminated against on the basis of 
     their status as members of the special populations; and
       ``(C) will be provided with programs designed to enable the 
     special populations to meet or exceed State adjusted levels 
     of performance, and prepare special populations for further 
     learning and for high skill, high wage, or high demand 
     occupations;
       ``(10) describes--
       ``(A) the eligible agency's efforts to ensure that eligible 
     recipients are given the opportunity to provide input in 
     determining the State adjusted levels of performance 
     described in section 113; and
       ``(B) how the eligible agency, in consultation with 
     eligible recipients, will develop a process for the 
     negotiation of local adjusted levels of performance under 
     section 113(b)(4) if an eligible recipient does not accept 
     the State adjusted levels of performance under section 
     113(b)(3);
       ``(11) provides assurances that the eligible agency will 
     comply with the requirements of this Act and the provisions 
     of the State plan, including the provision of a financial 
     audit of funds received under this Act which may be included 
     as part of an audit of other Federal or State programs;
       ``(12) provides assurances that none of the funds expended 
     under this Act will be used to acquire equipment (including 
     computer software) in any instance in which such acquisition 
     results in a direct financial benefit to any organization 
     representing the interests of the acquiring entity or the 
     employees of the acquiring entity, or any affiliate of such 
     an organization;
       ``(13) describes how the eligible agency will report data 
     relating to students participating in career and technical 
     education in order to adequately measure the progress of the 
     students, including special populations, and how the eligible 
     agency will ensure that the data reported to the eligible 
     agency from local educational agencies and eligible 
     institutions under this title and the data the eligible 
     agency reports to the Secretary are complete, accurate, and 
     reliable;
       ``(14) describes how the eligible agency will adequately 
     address the needs of students in alternative education 
     programs, if appropriate;
       ``(15) describes how the eligible agency will provide local 
     educational agencies, area career and technical education 
     schools, and eligible institutions in the State with 
     technical assistance;
       ``(16) describes how career and technical education relates 
     to State and regional occupational opportunities;
       ``(17) describes the methods proposed for the joint 
     planning and coordination of programs carried out under this 
     title with other Federal education programs;
       ``(18) describes how funds will be used to promote 
     preparation for high skill, high wage, or high demand 
     occupations and non-traditional fields;
       ``(19) describes how funds will be used to serve 
     individuals in State correctional institutions; and
       ``(20) contains the description and information specified 
     in sections 112(b)(8) and 121(c) of Public Law 105-220 
     concerning the provision of services only for postsecondary 
     students and school dropouts.
       ``(d) Plan Options.--
       ``(1) Single plan.--An eligible agency not choosing to 
     consolidate funds under section 202 shall fulfill the plan or 
     application submission requirements of this section, and 
     section 201(c), by submitting a single State plan. In such 
     plan, the eligible agency may allow recipients to fulfill the 
     plan or application submission requirements of section 134 
     and subsections (a) and (b) of section 204 by submitting a 
     single local plan.
       ``(2) Plan submitted as part of 501 plan.--The eligible 
     agency may submit the plan required under this section as 
     part of the plan submitted under section 501 of Public Law 
     105-220, if the plan submitted pursuant to the requirement of 
     this section meets the requirements of this Act.
       ``(e) Plan Approval.--
       ``(1) In general.--The Secretary shall approve a State 
     plan, or a revision to an approved

[[Page H5783]]

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

     ``SEC. 123. IMPROVEMENT PLANS.

       ``(a) State Program Improvement.--
       ``(1) Plan.--If a State fails to meet at least 90 percent 
     of an agreed upon State adjusted level of performance for any 
     of the core indicators of performance described in section 
     113(b)(3), the eligible agency shall develop and implement a 
     program improvement plan (with special consideration to 
     performance gaps identified under section 113(c)(2)) in 
     consultation with the appropriate agencies, individuals, and 
     organizations during the first program year succeeding the 
     program year for which the eligible agency failed to so meet 
     the State adjusted level of performance for any of the core 
     indicators of performance.
       ``(2) Technical assistance.--If the Secretary determines 
     that an eligible agency is not properly implementing the 
     eligible agency's responsibilities under section 122, or is 
     not making substantial progress in meeting the purposes of 
     this Act, based on the State's adjusted levels of 
     performance, the Secretary shall work with the eligible 
     agency to implement the improvement activities consistent 
     with the requirements of this Act.
       ``(3) Subsequent action.--
       ``(A) In general.--The Secretary may, after notice and 
     opportunity for a hearing, withhold from an eligible agency 
     all, or a portion, of the eligible agency's allotment under 
     paragraphs (2) and (3) of section 112(a) if the eligible 
     agency--
       ``(i) fails to implement an improvement plan as described 
     in paragraph (1);
       ``(ii) fails to make any improvement in meeting any of the 
     State adjusted levels of performance for the core indicators 
     of performance identified under paragraph (1) within the 
     first program year of implementation of its improvement plan 
     described in paragraph (1); or
       ``(iii) fails to meet at least 90 percent of an agreed upon 
     State adjusted level of performance for the same core 
     indicator of performance for 3 consecutive years.
       ``(B) Waiver for exceptional circumstances.--The Secretary 
     may waive the sanction in subparagraph (A) due to exceptional 
     or uncontrollable circumstances, such as a natural disaster 
     or a precipitous and unforeseen decline in the financial 
     resources of the State.
       ``(4) Funds resulting from reduced allotments.--The 
     Secretary shall use funds withheld under paragraph (3) for a 
     State served by an eligible agency to provide technical 
     assistance, to assist in the development of an improved State 
     improvement plan, or for other improvement activities 
     consistent with the requirements of this Act for such State.
       ``(b) Local Program Improvement.--
       ``(1) Local evaluation.--Each eligible agency shall 
     evaluate annually, using the local adjusted levels of 
     performance described in section 113(b)(4), the career and 
     technical education activities of each eligible recipient 
     receiving funds under this title.
       ``(2) Plan.--If, after reviewing the evaluation in 
     paragraph (1), the eligible agency determines that an 
     eligible recipient failed to meet at least 90 percent of an 
     agreed upon local adjusted level of performance for any of 
     the core indicators of performance described in section 
     113(b)(4), the eligible recipient shall develop and implement 
     a program improvement plan (with special consideration to 
     performance gaps identified under section 
     113(b)(4)(C)(ii)(II)) in consultation with the eligible 
     agency, appropriate agencies, individuals, and organizations 
     during the first program year succeeding the program year for 
     which the eligible recipient failed to so meet any of 
     the local adjusted levels of performance for any of the 
     core indicators of performance.
       ``(3) Technical assistance.--If the eligible agency 
     determines that an eligible recipient is not properly 
     implementing the eligible recipient's responsibilities under 
     section 134, or is not making substantial progress in meeting 
     the purposes of this Act, based on the local adjusted levels 
     of performance, the eligible agency shall work with the 
     eligible recipient to implement improvement activities 
     consistent with the requirements of this Act.
       ``(4) Subsequent action.--
       ``(A) In general.--The eligible agency may, after notice 
     and opportunity for a hearing, withhold from the eligible 
     recipient all, or a portion, of the eligible recipient's 
     allotment under this title if the eligible recipient--
       ``(i) fails to implement an improvement plan as described 
     in paragraph (2);
       ``(ii) fails to make any improvement in meeting any of the 
     local adjusted levels of performance for the core indicators 
     of performance identified under paragraph (2) within the 
     first program year of implementation of its improvement plan 
     described in paragraph (2); or
       ``(iii) fails to meet at least 90 percent of an agreed upon 
     local adjusted level of performance for the same core 
     indicator of performance for 3 consecutive years.
       ``(B) Waiver for exceptional circumstances.--In determining 
     whether to impose sanctions under subparagraph (A), the 
     eligible agency may waive imposing sanctions--
       ``(i) due to exceptional or uncontrollable circumstances, 
     such as a natural disaster or a precipitous and unforeseen 
     decline in the financial resources of the eligible recipient; 
     or
       ``(ii) based on the impact on the eligible recipient's 
     reported performance of the small size of the career and 
     technical education program operated by the eligible 
     recipient.
       ``(5) Funds resulting from reduced allotments.--The 
     eligible agency shall use funds withheld under paragraph (4) 
     from an eligible recipient to provide (through alternative 
     arrangements) services and activities to students within the 
     area served by such recipient to meet the purposes of this 
     Act.

     ``SEC. 124. STATE LEADERSHIP ACTIVITIES.

       ``(a) General Authority.--From amounts reserved under 
     section 112(a)(2), each eligible agency shall conduct State 
     leadership activities.
       ``(b) Required Uses of Funds.--The State leadership 
     activities described in subsection (a) shall include--
       ``(1) an assessment of the career and technical education 
     programs carried out with funds under this title, including 
     an assessment of how the needs of special populations are 
     being met and how the career and technical education programs 
     are designed to enable special populations to meet State 
     adjusted levels of performance and prepare the special 
     populations for further education, further training, or for 
     high skill, high wage, or high demand occupations;
       ``(2) developing, improving, or expanding the use of 
     technology in career and technical education that may 
     include--
       ``(A) training of career and technical education teachers, 
     faculty, career guidance and academic counselors, and 
     administrators to use technology, including distance 
     learning;
       ``(B) providing career and technical education students 
     with the academic and career and technical skills (including 
     the mathematics and science knowledge that provides a strong 
     basis for such skills) that lead to entry into technology 
     fields, including non-traditional fields; or
       ``(C) encouraging schools to collaborate with technology 
     industries to offer voluntary internships and mentoring 
     programs;
       ``(3) professional development programs, including 
     providing comprehensive professional development (including 
     initial teacher preparation) for career and technical 
     education teachers, faculty, administrators, and career 
     guidance and academic counselors at the secondary and 
     postsecondary levels, that support activities described in 
     section 122 and--
       ``(A) provide in-service and preservice training in career 
     and technical education programs--
       ``(i) on effective integration and use of challenging 
     academic and career and technical education provided jointly 
     with academic teachers to the extent practicable;
       ``(ii) on effective teaching skills based on research that 
     includes promising practices;
       ``(iii) on effective practices to improve parental and 
     community involvement; and
       ``(iv) on effective use of scientifically based research 
     and data to improve instruction;
       ``(B) are high quality, sustained, intensive, and 
     classroom-focused in order to have a positive and lasting 
     impact on classroom instruction and the teacher's performance 
     in the classroom, and are not 1-day or short-term workshops 
     or conferences;
       ``(C) will help teachers and personnel to improve student 
     achievement in order to meet the State adjusted levels of 
     performance established under section 113;
       ``(D) will support education programs for teachers of 
     career and technical education in public schools and other 
     public school personnel who are involved in the direct 
     delivery of educational services to career and technical 
     education students to ensure that teachers and personnel--
       ``(i) stay current with the needs, expectations, and 
     methods of industry;
       ``(ii) can effectively develop rigorous and challenging, 
     integrated academic and career and technical education 
     curricula jointly with academic teachers, to the extent 
     practicable;
       ``(iii) develop a higher level of academic and industry 
     knowledge and skills in career and technical education; and
       ``(iv) effectively use applied learning that contributes to 
     the academic and career and technical knowledge of the 
     student; and
       ``(E) are coordinated with the teacher certification or 
     licensing and professional development activities that the 
     State carries out under title II of the Elementary and 
     Secondary Education Act of 1965 and title II of the Higher 
     Education Act of 1965;
       ``(4) supporting career and technical education programs 
     that improve the academic and career and technical skills of 
     students participating in career and technical education 
     programs by strengthening the academic and career and 
     technical components of such career and technical education 
     programs, through the integration of coherent and relevant 
     content aligned with challenging academic standards and 
     relevant career and technical education, to ensure 
     achievement in--

[[Page H5784]]

       ``(A) the core academic subjects (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965); 
     and
       ``(B) career and technical education subjects;
       ``(5) providing preparation for non-traditional fields in 
     current and emerging professions, and other activities that 
     expose students, including special populations, to high 
     skill, high wage occupations;
       ``(6) supporting partnerships among local educational 
     agencies, institutions of higher education, adult education 
     providers, and, as appropriate, other entities, such as 
     employers, labor organizations, intermediaries, parents, and 
     local partnerships, to enable students to achieve State 
     academic standards, and career and technical skills, or 
     complete career and technical programs of study, as described 
     in section 122(c)(1)(A);
       ``(7) serving individuals in State institutions, such as 
     State correctional institutions and institutions that serve 
     individuals with disabilities;
       ``(8) support for programs for special populations that 
     lead to high skill, high wage, or high demand occupations; 
     and
       ``(9) technical assistance for eligible recipients.
       ``(c) Permissible Uses of Funds.--The leadership activities 
     described in subsection (a) may include--
       ``(1) improvement of career guidance and academic 
     counseling programs that assist students in making informed 
     academic and career and technical education decisions, 
     including--
       ``(A) encouraging secondary and postsecondary students to 
     graduate with a diploma or degree; and
       ``(B) exposing students to high skill, high wage 
     occupations and non-traditional fields;
       ``(2) establishment of agreements, including articulation 
     agreements, between secondary school and postsecondary career 
     and technical education programs in order to provide 
     postsecondary education and training opportunities for 
     students participating in such career and technical education 
     programs, such as tech prep programs;
       ``(3) support for initiatives to facilitate the transition 
     of subbaccalaureate career and technical education students 
     into baccalaureate degree programs, including--
       ``(A) statewide articulation agreements between associate 
     degree granting career and technical postsecondary 
     educational institutions and baccalaureate degree granting 
     postsecondary educational institutions;
       ``(B) postsecondary dual and concurrent enrollment 
     programs;
       ``(C) academic and financial aid counseling; and
       ``(D) other initiatives--
       ``(i) to encourage the pursuit of a baccalaureate degree; 
     and
       ``(ii) to overcome barriers to participation in 
     baccalaureate degree programs, including geographic and other 
     barriers affecting rural students and special populations;
       ``(4) support for career and technical student 
     organizations, especially with respect to efforts to increase 
     the participation of students who are members of special 
     populations;
       ``(5) support for public charter schools operating career 
     and technical education programs;
       ``(6) support for career and technical education programs 
     that offer experience in, and understanding of, all aspects 
     of an industry for which students are preparing to enter;
       ``(7) support for family and consumer sciences programs;
       ``(8) support for partnerships between education and 
     business or business intermediaries, including cooperative 
     education and adjunct faculty arrangements at the secondary 
     and postsecondary levels;
       ``(9) support to improve or develop new career and 
     technical education courses and initiatives, including career 
     clusters, career academies, and distance education, that 
     prepare individuals academically and technically for high 
     skill, high wage, or high demand occupations;
       ``(10) awarding incentive grants to eligible recipients--
       ``(A) for exemplary performance in carrying out programs 
     under this Act, which awards shall be based on--
       ``(i) eligible recipients exceeding the local adjusted 
     levels of performance established under section 113(b) in a 
     manner that reflects sustained or significant improvement;
       ``(ii) eligible recipients effectively developing 
     connections between secondary education and postsecondary 
     education and training;
       ``(iii) the adoption and integration of coherent and 
     rigorous content aligned with challenging academic standards 
     and technical coursework;
       ``(iv) eligible recipients' progress in having special 
     populations who participate in career and technical education 
     programs meet local adjusted levels of performance; or
       ``(v) other factors relating to the performance of eligible 
     recipients under this Act as the eligible agency determines 
     are appropriate; or
       ``(B) if an eligible recipient elects to use funds as 
     permitted under section 135(c)(19);
       ``(11) providing for activities to support entrepreneurship 
     education and training;
       ``(12) providing career and technical education programs 
     for adults and school dropouts to complete their secondary 
     school education, in coordination, to the extent practicable, 
     with activities authorized under the Adult Education and 
     Family Literacy Act;
       ``(13) providing assistance to individuals, who have 
     participated in services and activities under this title, in 
     continuing the individuals' education or training or finding 
     appropriate jobs, such as through referral to the system 
     established under section 121 of Public Law 105-220;
       ``(14) developing valid and reliable assessments of 
     technical skills;
       ``(15) developing and enhancing data systems to collect and 
     analyze data on secondary and postsecondary academic and 
     employment outcomes;
       ``(16) improving--
       ``(A) the recruitment and retention of career and technical 
     education teachers, faculty, administrators, and career 
     guidance and academic counselors, including individuals in 
     groups underrepresented in the teaching profession; and
       ``(B) the transition to teaching from business and 
     industry, including small business; and
       ``(17) support for occupational and employment information 
     resources, such as those described in section 118.
       ``(d) Restriction on Uses of Funds.--An eligible agency 
     that receives funds under section 112(a)(2) may not use any 
     of such funds for administrative costs.

                       ``PART C--LOCAL PROVISIONS

     ``SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION 
                   PROGRAMS.

       ``(a) Distribution Rules.--Except as provided in section 
     133 and as otherwise provided in this section, each eligible 
     agency shall distribute the portion of funds made available 
     under section 112(a)(1) to carry out this section to local 
     educational agencies within the State as follows:
       ``(1) Thirty percent.--Thirty percent shall be allocated to 
     such local educational agencies in proportion to the number 
     of individuals aged 5 through 17, inclusive, who reside in 
     the school district served by such local educational agency 
     for the preceding fiscal year compared to the total number of 
     such individuals who reside in the school districts served by 
     all local educational agencies in the State for such 
     preceding fiscal year, as determined on the basis of the most 
     recent satisfactory--
       ``(A) data provided to the Secretary by the Bureau of the 
     Census for the purpose of determining eligibility under title 
     I of the Elementary and Secondary Education Act of 1965; or
       ``(B) student membership data collected by the National 
     Center for Education Statistics through the Common Core of 
     Data survey system.
       ``(2) Seventy percent.--Seventy percent shall be allocated 
     to such local educational agencies in proportion to the 
     number of individuals aged 5 through 17, inclusive, who 
     reside in the school district served by such local 
     educational agency and are from families below the poverty 
     level for the preceding fiscal year, as determined on the 
     basis of the most recent satisfactory data used under section 
     1124(c)(1)(A) of the Elementary and Secondary Education Act 
     of 1965, compared to the total number of such individuals who 
     reside in the school districts served by all the local 
     educational agencies in the State for such preceding fiscal 
     year.
       ``(3) Adjustments.--Each eligible agency, in making the 
     allocations under paragraphs (1) and (2), shall adjust the 
     data used to make the allocations to--
       ``(A) reflect any change in school district boundaries that 
     may have occurred since the data were collected; and
       ``(B) include local educational agencies without 
     geographical boundaries, such as charter schools and 
     secondary schools funded by the Bureau of Indian Affairs.
       ``(b) Waiver for More Equitable Distribution.--The 
     Secretary may waive the application of subsection (a) in the 
     case of any eligible agency that submits to the Secretary an 
     application for such a waiver that--
       ``(1) demonstrates that a proposed alternative formula more 
     effectively targets funds on the basis of poverty (as defined 
     by the Office of Management and Budget and revised annually 
     in accordance with section 673(2) of the Community Services 
     Block Grant Act (42 U.S.C. 9902(2))) to local educational 
     agencies within the State than the formula described in 
     subsection (a); and
       ``(2) includes a proposal for such an alternative formula.
       ``(c) Minimum Allocation.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     local educational agency shall not receive an allocation 
     under subsection (a) unless the amount allocated to such 
     agency under subsection (a) is greater than $15,000. A local 
     educational agency may enter into a consortium with other 
     local educational agencies for purposes of meeting the 
     minimum allocation requirement of this paragraph.
       ``(2) Waiver.--The eligible agency shall waive the 
     application of paragraph (1) in any case in which the local 
     educational agency--
       ``(A)(i) is located in a rural, sparsely populated area; or
       ``(ii) is a public charter school operating secondary 
     school career and technical education programs; and
       ``(B) demonstrates that the local educational agency is 
     unable to enter into a consortium for purposes of providing 
     activities under this part.
       ``(3) Redistribution.--Any amounts that are not allocated 
     by reason of paragraph (1) or paragraph (2) shall be 
     redistributed to local educational agencies that meet the 
     requirements of paragraph (1) or (2) in accordance with the 
     provisions of this section.
       ``(d) Limited Jurisdiction Agencies.--
       ``(1) In general.--In applying the provisions of subsection 
     (a), no eligible agency receiving assistance under this title 
     shall allocate funds to a local educational agency that 
     serves only elementary schools, but shall distribute such 
     funds to the local educational agency or regional educational 
     agency that provides secondary school services to secondary 
     school students in the same attendance area.
       ``(2) Special rule.--The amount to be allocated under 
     paragraph (1) to a local educational agency that has 
     jurisdiction only over secondary schools shall be determined 
     based on the number of students that entered such secondary 
     schools in the previous year from the elementary schools 
     involved.

[[Page H5785]]

       ``(e) Allocations to Area Career and Technical Education 
     Schools and Educational Service Agencies.--
       ``(1) In general.--Each eligible agency shall distribute 
     the portion of funds made available under section 112(a)(1) 
     for any fiscal year by such eligible agency for career and 
     technical education activities at the secondary level under 
     this section to the appropriate area career and technical 
     education school or educational service agency in any case in 
     which the area career and technical education school or 
     educational service agency, and the local educational agency 
     concerned--
       ``(A) have formed or will form a consortium for the purpose 
     of receiving funds under this section; or
       ``(B) have entered into or will enter into a cooperative 
     arrangement for such purpose.
       ``(2) Allocation basis.--If an area career and technical 
     education school or educational service agency meets the 
     requirements of paragraph (1), then the amount that would 
     otherwise be distributed to the local educational agency 
     shall be allocated to the area career and technical education 
     school, the educational service agency, and the local 
     educational agency based on each school, agency or entity's 
     relative share of students who are attending career and 
     technical education programs (based, if practicable, on the 
     average enrollment for the preceding 3 years).
       ``(3) Appeals procedure.--The eligible agency shall 
     establish an appeals procedure for resolution of any dispute 
     arising between a local educational agency and an area career 
     and technical education school or an educational service 
     agency with respect to the allocation procedures described in 
     this section, including the decision of a local educational 
     agency to leave a consortium or terminate a cooperative 
     arrangement.
       ``(f) Consortium Requirements.--
       ``(1) Alliance.--Any local educational agency receiving an 
     allocation that is not sufficient to conduct a program which 
     meets the requirements of section 135 is encouraged to--
       ``(A) form a consortium or enter into a cooperative 
     agreement with an area career and technical education school 
     or educational service agency offering programs that meet the 
     requirements of section 135;
       ``(B) transfer such allocation to the area career and 
     technical education school or educational service agency; and
       ``(C) operate programs that are of sufficient size, scope, 
     and quality to be effective.
       ``(2) Funds to consortium.--Funds allocated to a consortium 
     formed to meet the requirements of this subsection shall be 
     used only for purposes and programs that are mutually 
     beneficial to all members of the consortium and can be used 
     only for programs authorized under this title. Such funds may 
     not be reallocated to individual members of the consortium 
     for purposes or programs benefitting only 1 member of the 
     consortium.
       ``(g) Data.--The Secretary shall collect information from 
     eligible agencies regarding the specific dollar allocations 
     made available by the eligible agency for career and 
     technical education programs under subsections (a), (b), (c), 
     (d), and (e) and how these allocations are distributed to 
     local educational agencies, area career and technical 
     education schools, and educational service agencies, within 
     the State in accordance with this section.
       ``(h) Special Rule.--Each eligible agency distributing 
     funds under this section shall treat a secondary school 
     funded by the Bureau of Indian Affairs within the State as if 
     such school were a local educational agency within the State 
     for the purpose of receiving a distribution under this 
     section.

     ``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY EDUCATION 
                   PROGRAMS.

       ``(a) Allocation.--
       ``(1) In general.--Except as provided in subsections (b) 
     and (c) and section 133, each eligible agency shall 
     distribute the portion of the funds made available under 
     section 112(a)(1) to carry out this section for any fiscal 
     year to eligible institutions or consortia of eligible 
     institutions within the State.
       ``(2) Formula.--Each eligible institution or consortium of 
     eligible institutions shall be allocated an amount that bears 
     the same relationship to the portion of funds made available 
     under section 112(a)(1) to carry out this section for any 
     fiscal year as the sum of the number of individuals who are 
     Federal Pell Grant recipients and recipients of assistance 
     from the Bureau of Indian Affairs enrolled in programs 
     meeting the requirements of section 135 offered by such 
     institution or consortium in the preceding fiscal year bears 
     to the sum of the number of such recipients enrolled in such 
     programs within the State for such year.
       ``(3) Consortium requirements.--
       ``(A) In general.--In order for a consortium of eligible 
     institutions described in paragraph (2) to receive assistance 
     pursuant to such paragraph, such consortium shall operate 
     joint projects that--
       ``(i) provide services to all postsecondary institutions 
     participating in the consortium; and
       ``(ii) are of sufficient size, scope, and quality to be 
     effective.
       ``(B) Funds to consortium.--Funds allocated to a consortium 
     formed to meet the requirements of this section shall be used 
     only for purposes and programs that are mutually beneficial 
     to all members of the consortium and shall be used only for 
     programs authorized under this title. Such funds may not be 
     reallocated to individual members of the consortium for 
     purposes or programs benefitting only 1 member of the 
     consortium.
       ``(4) Waiver.--The eligible agency may waive the 
     application of paragraph (3)(A)(i) in any case in which the 
     eligible institution is located in a rural, sparsely 
     populated area.
       ``(b) Waiver for More Equitable Distribution.--The 
     Secretary may waive the application of subsection (a) if an 
     eligible agency submits to the Secretary an application for 
     such a waiver that--
       ``(1) demonstrates that the formula described in subsection 
     (a) does not result in a distribution of funds to the 
     eligible institutions or consortia within the State that have 
     the highest numbers of economically disadvantaged individuals 
     and that an alternative formula will result in such a 
     distribution; and
       ``(2) includes a proposal for such an alternative formula.
       ``(c) Minimum Grant Amount.--
       ``(1) In general.--No institution or consortium shall 
     receive an allocation under this section in an amount that is 
     less than $50,000.
       ``(2) Redistribution.--Any amounts that are not distributed 
     by reason of paragraph (1) shall be redistributed to eligible 
     institutions or consortia in accordance with this section.

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

       ``(a) Special Rule for Minimal Allocation.--
       ``(1) General authority.--Notwithstanding the provisions of 
     sections 131 and 132 and in order to make a more equitable 
     distribution of funds for programs serving the areas of 
     greatest economic need, for any program year for which a 
     minimal amount is made available by an eligible agency for 
     distribution under section 131 or 132, such eligible agency 
     may distribute such minimal amount for such year--
       ``(A) on a competitive basis; or
       ``(B) through any alternative method determined by the 
     eligible agency.
       ``(2) Minimal amount.--For purposes of this section, the 
     term `minimal amount' means not more than 15 percent of the 
     total amount made available for distribution under section 
     112(a)(1).
       ``(b) Redistribution.--
       ``(1) In general.--In any academic year that an eligible 
     recipient does not expend all of the amounts the eligible 
     recipient is allocated for such year under section 131 or 
     132, such eligible recipient shall return any unexpended 
     amounts to the eligible agency to be reallocated under 
     section 131 or 132, as appropriate.
       ``(2) Redistribution of amounts returned late in an 
     academic year.--In any academic year in which amounts are 
     returned to the eligible agency under section 131 or 132 and 
     the eligible agency is unable to reallocate such amounts 
     according to such sections in time for such amounts to be 
     expended in such academic year, the eligible agency shall 
     retain such amounts for distribution in combination with 
     amounts provided under section 112(a)(1) for the following 
     academic year.
       ``(c) Construction.--Nothing in section 131 or 132 shall be 
     construed--
       ``(1) to prohibit a local educational agency or a 
     consortium thereof that receives assistance under section 
     131, from working with an eligible institution or consortium 
     thereof that receives assistance under section 132, to carry 
     out career and technical education programs at the secondary 
     level in accordance with this title;
       ``(2) to prohibit an eligible institution or consortium 
     thereof that receives assistance under section 132, from 
     working with a local educational agency or consortium thereof 
     that receives assistance under section 131, to carry out 
     postsecondary and adult career and technical education 
     programs in accordance with this title; or
       ``(3) to require a charter school, that provides career and 
     technical education programs and is considered a local 
     educational agency under State law, to jointly establish the 
     charter school's eligibility for assistance under this title 
     unless the charter school is explicitly permitted to do so 
     under the State's charter school statute.
       ``(d) Consistent Application.--For purposes of this 
     section, the eligible agency shall provide funds to charter 
     schools offering career and technical education programs in 
     the same manner as the eligible agency provides those funds 
     to other schools. Such career and technical education 
     programs within a charter school shall be of sufficient size, 
     scope, and quality to be effective.

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

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

[[Page H5786]]

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

     ``SEC. 135. LOCAL USES OF FUNDS.

       ``(a) General Authority.--Each eligible recipient that 
     receives funds under this part shall use such funds to 
     improve career and technical education programs.
       ``(b) Requirements for Uses of Funds.--Funds made available 
     to eligible recipients under this part shall be used to 
     support career and technical education programs that--
       ``(1) strengthen the academic and career and technical 
     skills of students participating in career and technical 
     education programs, by strengthening the academic and career 
     and technical education components of such programs through 
     the integration of academics with career and technical 
     education programs through a coherent sequence of courses, 
     such as career and technical programs of study described in 
     section 122(c)(1)(A), to ensure learning in--
       ``(A) the core academic subjects (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965); 
     and
       ``(B) career and technical education subjects;
       ``(2) link career and technical education at the secondary 
     level and career and technical education at the postsecondary 
     level, including by offering the relevant elements of not 
     less than 1 career and technical program of study described 
     in section 122(c)(1)(A);
       ``(3) provide students with strong experience in and 
     understanding of all aspects of an industry, which may 
     include work-based learning experiences;
       ``(4) develop, improve, or expand the use of technology in 
     career and technical education, which may include--
       ``(A) training of career and technical education teachers, 
     faculty, and administrators to use technology, which may 
     include distance learning;
       ``(B) providing career and technical education students 
     with the academic and career and technical skills (including 
     the mathematics and science knowledge that provides a strong 
     basis for such skills) that lead to entry into the technology 
     fields; or
       ``(C) encouraging schools to collaborate with technology 
     industries to offer voluntary internships and mentoring 
     programs, including programs that improve the mathematics and 
     science knowledge of students;
       ``(5) provide professional development programs that are 
     consistent with section 122 to secondary and postsecondary 
     teachers, faculty, administrators, and career guidance and 
     academic counselors who are involved in integrated career and 
     technical education programs, including--
       ``(A) in-service and preservice training on--
       ``(i) effective integration and use of challenging academic 
     and career and technical education provided jointly with 
     academic teachers to the extent practicable;
       ``(ii) effective teaching skills based on research that 
     includes promising practices;
       ``(iii) effective practices to improve parental and 
     community involvement; and
       ``(iv) effective use of scientifically based research and 
     data to improve instruction;
       ``(B) support of education programs for teachers of career 
     and technical education in public schools and other public 
     school personnel who are involved in the direct delivery of 
     educational services to career and technical education 
     students, to ensure that such teachers and personnel stay 
     current with all aspects of an industry;
       ``(C) internship programs that provide relevant business 
     experience; and
       ``(D) programs designed to train teachers specifically in 
     the effective use and application of technology to improve 
     instruction;
       ``(6) develop and implement evaluations of the career and 
     technical education programs carried out with funds under 
     this title, including an assessment of how the needs of 
     special populations are being met;
       ``(7) initiate, improve, expand, and modernize quality 
     career and technical education programs, including relevant 
     technology;
       ``(8) provide services and activities that are of 
     sufficient size, scope, and quality to be effective; and
       ``(9) provide activities to prepare special populations, 
     including single parents and displaced homemakers who are 
     enrolled in career and technical education programs, for high 
     skill, high wage, or high demand occupations that will lead 
     to self-sufficiency.
       ``(c) Permissive.--Funds made available to an eligible 
     recipient under this title may be used--
       ``(1) to involve parents, businesses, and labor 
     organizations as appropriate, in the design, implementation, 
     and evaluation of career and technical education programs 
     authorized under this title, including establishing effective 
     programs and procedures to enable informed and effective 
     participation in such programs;
       ``(2) to provide career guidance and academic counseling, 
     which may include information described in section 118, 
     for students participating in career and technical 
     education programs, that--
       ``(A) improves graduation rates and provides information on 
     postsecondary and career options, including baccalaureate 
     degree programs, for secondary students, which activities may 
     include the use of graduation and career plans; and
       ``(B) provides assistance for postsecondary students, 
     including for adult students who are changing careers or 
     updating skills;
       ``(3) for local education and business (including small 
     business) partnerships, including for--
       ``(A) work-related experiences for students, such as 
     internships, cooperative education, school-based enterprises, 
     entrepreneurship, and job shadowing that are related to 
     career and technical education programs;
       ``(B) adjunct faculty arrangements for qualified industry 
     professionals; and
       ``(C) industry experience for teachers and faculty;
       ``(4) to provide programs for special populations;
       ``(5) to assist career and technical student organizations;
       ``(6) for mentoring and support services;
       ``(7) for leasing, purchasing, upgrading or adapting 
     equipment, including instructional aids and publications 
     (including support for library resources) designed to 
     strengthen and support academic and technical skill 
     achievement;
       ``(8) for teacher preparation programs that address the 
     integration of academic and career and technical education 
     and that assist individuals who are interested in becoming 
     career and technical education teachers and faculty, 
     including individuals with experience in business and 
     industry;
       ``(9) to develop and expand postsecondary program offerings 
     at times and in formats that are accessible for students, 
     including working students, including through the use of 
     distance education;
       ``(10) to develop initiatives that facilitate the 
     transition of subbaccalaureate career and technical education 
     students into baccalaureate degree programs, including--
       ``(A) articulation agreements between sub-baccalaureate 
     degree granting career and technical education postsecondary 
     educational institutions and baccalaureate degree granting 
     postsecondary educational institutions;
       ``(B) postsecondary dual and concurrent enrollment 
     programs;
       ``(C) academic and financial aid counseling for sub-
     baccalaureate career and technical education students that 
     informs the students of the opportunities for pursuing a 
     baccalaureate degree and advises the students on how to meet 
     any transfer requirements; and
       ``(D) other initiatives--
       ``(i) to encourage the pursuit of a baccalaureate degree; 
     and
       ``(ii) to overcome barriers to enrollment in and completion 
     of baccalaureate degree programs,

[[Page H5787]]

     including geographic and other barriers affecting rural 
     students and special populations;
       ``(11) to provide activities to support entrepreneurship 
     education and training;
       ``(12) for improving or developing new career and technical 
     education courses, including the development of new proposed 
     career and technical programs of study for consideration by 
     the eligible agency and courses that prepare individuals 
     academically and technically for high skill, high wage, or 
     high demand occupations and dual or concurrent enrollment 
     opportunities by which career and technical education 
     students at the secondary level could obtain postsecondary 
     credit to count towards an associate or baccalaureate degree;
       ``(13) to develop and support small, personalized career-
     themed learning communities;
       ``(14) to provide support for family and consumer sciences 
     programs;
       ``(15) to provide career and technical education programs 
     for adults and school dropouts to complete the secondary 
     school education, or upgrade the technical skills, of the 
     adults and school dropouts;
       ``(16) to provide assistance to individuals who have 
     participated in services and activities under this Act in 
     continuing their education or training or finding an 
     appropriate job, such as through referral to the system 
     established under section 121 of Public Law 105-220 (29 
     U.S.C. 2801 et seq.);
       ``(17) to support training and activities (such as 
     mentoring and outreach) in non-traditional fields;
       ``(18) to provide support for training programs in 
     automotive technologies;
       ``(19) to pool a portion of such funds with a portion of 
     funds available to not less than 1 other eligible recipient 
     for innovative initiatives, which may include--
       ``(A) improving the initial preparation and professional 
     development of career and technical education teachers, 
     faculty, administrators, and counselors;
       ``(B) establishing, enhancing, or supporting systems for--
       ``(i) accountability data collection under this Act; or
       ``(ii) reporting data under this Act;
       ``(C) implementing career and technical programs of study 
     described in section 122(c)(1)(A); or
       ``(D) implementing technical assessments; and
       ``(20) to support other career and technical education 
     activities that are consistent with the purpose of this Act.
       ``(d) Administrative Costs.--Each eligible recipient 
     receiving funds under this part shall not use more than 5 
     percent of the funds for administrative costs associated with 
     the administration of activities assisted under this section.

                    ``TITLE II--TECH PREP EDUCATION

     ``SEC. 201. STATE ALLOTMENT AND APPLICATION.

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

     ``SEC. 202. CONSOLIDATION OF FUNDS.

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

     ``SEC. 203. TECH PREP PROGRAM.

       ``(a) Grant Program Authorized.--
       ``(1) In general.--From amounts made available to each 
     eligible agency under section 201, the eligible agency, in 
     accordance with the provisions of this title, shall award 
     grants, on a competitive basis or on the basis of a formula 
     determined by the eligible agency, for tech prep programs 
     described in subsection (c). The grants shall be awarded to 
     consortia between or among--
       ``(A) a local educational agency, an intermediate 
     educational agency, educational service agency, or area 
     career and technical education school, serving secondary 
     school students, or a secondary school funded by the Bureau 
     of Indian Affairs; and
       ``(B)(i) a nonprofit institution of higher education that--
       ``(I)(aa) offers a 2-year associate degree program or a 2-
     year certificate program; and
       ``(bb) is qualified as an institution of higher education 
     pursuant to section 102 of the Higher Education Act of 1965, 
     including--

       ``(AA) an institution receiving assistance under the 
     Tribally Controlled College or University Assistance Act of 
     1978 (25 U.S.C. 1801 et seq.); and
       ``(BB) a tribally controlled postsecondary career and 
     technical institution; or

       ``(II) offers a 2-year apprenticeship program that follows 
     secondary education instruction,
     if such nonprofit institution of higher education is not 
     prohibited from receiving assistance under part B of title IV 
     of the Higher Education Act of 1965 pursuant to the 
     provisions of section 435(a)(2) of such Act; or
       ``(ii) a proprietary institution of higher education that 
     offers a 2-year associate degree program and is qualified as 
     an institution of higher education pursuant to section 102 of 
     the Higher Education Act of 1965, if such proprietary 
     institution of higher education is not subject to a default 
     management plan required by the Secretary.
       ``(2) Special rule.--In addition, a consortium described in 
     paragraph (1) may include 1 or more--
       ``(A) institutions of higher education that award a 
     baccalaureate degree; and
       ``(B) employers (including small businesses), business 
     intermediaries, or labor organizations.
       ``(b) Duration.--Each consortium receiving a grant under 
     this title shall use amounts provided under the grant to 
     develop and operate a 4- or 6-year tech prep program 
     described in subsection (c).
       ``(c) Contents of Tech Prep Program.--Each tech prep 
     program shall--
       ``(1) be carried out under an articulation agreement 
     between the participants in the consortium;
       ``(2) consist of a program of study that--
       ``(A) combines--
       ``(i) a minimum of 2 years of secondary education (as 
     determined under State law); with
       ``(ii)(I) a minimum of 2 years of postsecondary education 
     in a nonduplicative, sequential course of study; or
       ``(II) an apprenticeship program of not less than 2 years 
     following secondary education instruction; and
       ``(B) integrates academic and career and technical 
     education instruction, and utilizes work-based and worksite 
     learning experiences where appropriate and available;
       ``(C) provides technical preparation in a career field, 
     including high skill, high wage, or high demand occupations;
       ``(D) builds student competence in technical skills and in 
     core academic subjects (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965), as 
     appropriate, through applied, contextual, and integrated 
     instruction, in a coherent sequence of courses;
       ``(E) leads to technical skill proficiency, an industry-
     recognized credential, a certificate, or a degree, in a 
     specific career field;
       ``(F) leads to placement in high skill or high wage 
     employment, or to further education; and
       ``(G) utilizes career and technical education programs of 
     study, to the extent practicable;
       ``(3) include the development of tech prep programs for 
     secondary education and postsecondary education that--
       ``(A) meet academic standards developed by the State;
       ``(B) link secondary schools and 2-year postsecondary 
     institutions, and if possible and practicable, 4-year 
     institutions of higher education, through--
       ``(i) nonduplicative sequences of courses in career fields;
       ``(ii) the use of articulation agreements; and
       ``(iii) the investigation of opportunities for tech prep 
     secondary education students to enroll concurrently in 
     secondary education and postsecondary education coursework;
       ``(C) use, if appropriate and available, work-based or 
     worksite learning experiences in conjunction with business 
     and all aspects of an industry; and
       ``(D) use educational technology and distance learning, as 
     appropriate, to involve all the participants in the 
     consortium more fully in the development and operation of 
     programs;
       ``(4) include in-service professional development for 
     teachers, faculty, and administrators that--
       ``(A) supports effective implementation of tech prep 
     programs;
       ``(B) supports joint training in the tech prep consortium;
       ``(C) supports the needs, expectations, and methods of 
     business and all aspects of an industry;
       ``(D) supports the use of contextual and applied curricula, 
     instruction, and assessment;
       ``(E) supports the use and application of technology; and
       ``(F) assists in accessing and utilizing data, information 
     available pursuant to section 118, and information on student 
     achievement, including assessments;
       ``(5) include professional development programs for 
     counselors designed to enable counselors to more 
     effectively--
       ``(A) provide information to students regarding tech prep 
     programs;
       ``(B) support student progress in completing tech prep 
     programs, which may include the use of graduation and career 
     plans;
       ``(C) provide information on related employment 
     opportunities;
       ``(D) ensure that students are placed in appropriate 
     employment or further postsecondary education;
       ``(E) stay current with the needs, expectations, and 
     methods of business and all aspects of an industry; and
       ``(F) provide comprehensive career guidance and academic 
     counseling to participating students, including special 
     populations;
       ``(6) provide equal access, to the full range of technical 
     preparation programs (including preapprenticeship programs), 
     to individuals who are members of special populations, 
     including the development of tech prep program services 
     appropriate to the needs of special populations;
       ``(7) provide for preparatory services that assist 
     participants in tech prep programs; and

[[Page H5788]]

       ``(8) coordinate with activities conducted under title I.
       ``(d) Additional Authorized Activities.--Each tech prep 
     program may--
       ``(1) provide for the acquisition of tech prep program 
     equipment;
       ``(2) acquire technical assistance from State or local 
     entities that have designed, established, and operated tech 
     prep programs that have effectively used educational 
     technology and distance learning in the delivery of curricula 
     and services;
       ``(3) establish articulation agreements with institutions 
     of higher education, labor organizations, or businesses 
     located inside or outside the State and served by the 
     consortium, especially with regard to using distance learning 
     and educational technology to provide for the delivery of 
     services and programs;
       ``(4) improve career guidance and academic counseling for 
     participating students through the development and 
     implementation of graduation and career plans; and
       ``(5) develop curriculum that supports effective 
     transitions between secondary and postsecondary career and 
     technical education programs.
       ``(e) Indicators of Performance and Accountability.--
       ``(1) In general.--Each consortium shall establish and 
     report to the eligible agency indicators of performance for 
     each tech prep program for which the consortium receives a 
     grant under this title. The indicators of performance shall 
     include the following:
       ``(A) The number of secondary education tech prep students 
     and postsecondary education tech prep students served.
       ``(B) The number and percent of secondary education tech 
     prep students enrolled in the tech prep program who--
       ``(i) enroll in postsecondary education;
       ``(ii) enroll in postsecondary education in the same field 
     or major as the secondary education tech prep students were 
     enrolled at the secondary level;
       ``(iii) complete a State or industry-recognized 
     certification or licensure;
       ``(iv) successfully complete, as a secondary school 
     student, courses that award postsecondary credit at the 
     secondary level; and
       ``(v) enroll in remedial mathematics, writing, or reading 
     courses upon entering postsecondary education.
       ``(C) The number and percent of postsecondary education 
     tech prep students who--
       ``(i) are placed in a related field of employment not later 
     than 12 months after graduation from the tech prep program;
       ``(ii) complete a State or industry-recognized 
     certification or licensure;
       ``(iii) complete a 2-year degree or certificate program 
     within the normal time for completion of such program; and
       ``(iv) complete a baccalaureate degree program within the 
     normal time for completion of such program.
       ``(2) Number and percent.--For purposes of subparagraphs 
     (B) and (C) of paragraph (1), the numbers and percentages 
     shall be determined separately with respect to each clause of 
     each such subparagraph.

     ``SEC. 204. CONSORTIUM APPLICATIONS.

       ``(a) In General.--Each consortium that desires to receive 
     a grant under this title shall submit an application to the 
     eligible agency at such time and in such manner as the 
     eligible agency shall require.
       ``(b) Plan.--Each application submitted under this section 
     shall contain a 6-year plan for the development and 
     implementation of tech prep programs under this title, which 
     plan shall be reviewed after the second year of the plan.
       ``(c) Approval.--The eligible agency shall approve 
     applications under this title based on the potential of the 
     activities described in the application to create an 
     effective tech prep program.
       ``(d) Special Consideration.--The eligible agency, as 
     appropriate, shall give special consideration to applications 
     that--
       ``(1) provide for effective employment placement activities 
     or the transfer of students to baccalaureate or advanced 
     degree programs;
       ``(2) are developed in consultation with business, 
     industry, institutions of higher education, and labor 
     organizations;
       ``(3) address effectively the issues of school dropout 
     prevention and reentry, and the needs of special populations;
       ``(4) provide education and training in an area or skill, 
     including an emerging technology, in which there is a 
     significant workforce shortage based on the data provided by 
     the eligible entity in the State under section 118;
       ``(5) demonstrate how tech prep programs will help students 
     meet high academic and employability competencies; and
       ``(6) demonstrate success in, or provide assurances of, 
     coordination and integration with eligible recipients 
     described in part C of title I.
       ``(e) Performance Levels.--
       ``(1) In general.--Each consortium receiving a grant under 
     this title shall enter into an agreement with the eligible 
     agency to meet a minimum level of performance for each of the 
     performance indicators described in sections 113(b) and 
     203(e).
       ``(2) Resubmission of application; termination of funds.--
     An eligible agency--
       ``(A) shall require consortia that do not meet the 
     performance levels described in paragraph (1) for 3 
     consecutive years to resubmit an application to the eligible 
     agency for a tech prep program grant; and
       ``(B) may choose to terminate the funding for the tech prep 
     program for a consortium that does not meet the performance 
     levels described in paragraph (1) for 3 consecutive years, 
     including when the grants are made on the basis of a formula 
     determined by the eligible agency.
       ``(f) Equitable Distribution of Assistance.--In awarding 
     grants under this title, the eligible agency shall ensure an 
     equitable distribution of assistance between or among urban 
     and rural participants in the consortium.

     ``SEC. 205. REPORT.

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

     ``SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

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

                    ``TITLE III--GENERAL PROVISIONS

              ``PART A--FEDERAL ADMINISTRATIVE PROVISIONS

     ``SEC. 311. FISCAL REQUIREMENTS.

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

     ``SEC. 312. AUTHORITY TO MAKE PAYMENTS.

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

     ``SEC. 313. CONSTRUCTION.

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

     ``SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.

       ``No funds made available under this Act shall be used--
       ``(1) to require any secondary school student to choose or 
     pursue a specific career path or major; or
       ``(2) to mandate that any individual participate in a 
     career and technical education program, including a career 
     and technical education program that requires the attainment 
     of a federally funded skill level, standard, or certificate 
     of mastery.

     ``SEC. 315. LIMITATION FOR CERTAIN STUDENTS.

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

     ``SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.

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

     ``SEC. 317. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND 
                   CHILDREN.

       ``(a) Personnel.--An eligible agency or eligible recipient 
     that uses funds under this Act for in-service and preservice 
     career and technical education professional development 
     programs for career and technical education teachers, 
     administrators, and other personnel shall, to the extent 
     practicable, upon written request, permit the participation 
     in such programs of career and

[[Page H5789]]

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

     ``SEC. 318. LIMITATION ON FEDERAL REGULATIONS.

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

               ``PART B--STATE ADMINISTRATIVE PROVISIONS

     ``SEC. 321. JOINT FUNDING.

       ``(a) General Authority.--Funds made available to eligible 
     agencies under this Act may be used to provide additional 
     funds under an applicable program if--
       ``(1) such program otherwise meets the requirements of this 
     Act and the requirements of the applicable program;
       ``(2) such program serves the same individuals that are 
     served under this Act;
       ``(3) such program provides services in a coordinated 
     manner with services provided under this Act; and
       ``(4) such funds are used to supplement, and not supplant, 
     funds provided from non-Federal sources.
       ``(b) Applicable Program.--For the purposes of this 
     section, the term `applicable program' means any program 
     under any of the following provisions of law:
       ``(1) Chapters 4 and 5 of subtitle B of title I of Public 
     Law 105-220.
       ``(2) The Wagner-Peyser Act.
       ``(c) Use of Funds as Matching Funds.--For the purposes of 
     this section, the term `additional funds' does not include 
     funds used as matching funds.

     ``SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-
                   STATE RELOCATION OF BUSINESSES.

       ``No funds provided under this Act shall be used for the 
     purpose of directly providing incentives or inducements to an 
     employer to relocate a business enterprise from one State to 
     another State if such relocation will result in a reduction 
     in the number of jobs available in the State where the 
     business enterprise is located before such incentives or 
     inducements are offered.

     ``SEC. 323. STATE ADMINISTRATIVE COSTS.

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

     ``SEC. 324. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.

       ``(a) Attendance Costs Not Treated as Income or 
     Resources.--The portion of any student financial assistance 
     received under this Act that is made available for attendance 
     costs described in subsection (b) shall not be considered as 
     income or resources in determining eligibility for assistance 
     under any other program funded in whole or in part with 
     Federal funds.
       ``(b) Attendance Costs.--The attendance costs described in 
     this subsection are--
       ``(1) tuition and fees normally assessed a student carrying 
     an academic workload as determined by the institution, and 
     including costs for rental or purchase of any equipment, 
     materials, or supplies required of all students in that 
     course of study; and
       ``(2) an allowance for books, supplies, transportation, 
     dependent care, and miscellaneous personal expenses for a 
     student attending the institution on at least a half-time 
     basis, as determined by the institution.
       ``(c) Costs of Career and Technical Education Services.--
     Funds made available under this Act may be used to pay for 
     the costs of career and technical education services required 
     in an individualized education program developed pursuant to 
     section 614(d) of the Individuals with Disabilities Education 
     Act and services necessary to meet the requirements of 
     section 504 of the Rehabilitation Act of 1973 with respect to 
     ensuring equal access to career and technical education.''.

     SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.

       (a) Immigration and Nationality Act.--Section 245A(h)(4)(C) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1255a(h)(4)(C)) is amended by striking ``Carl D. Perkins 
     Vocational and Technical Education Act of 1998'' and 
     inserting ``The Carl D. Perkins Career and Technical 
     Education Act of 2006''.
       (b) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C. 
     2101 et seq.) is amended--
       (1) in section 231(c)(1)(F) (19 U.S.C. 2291(c)(1)(F))--
       (A) by striking ``area vocational education schools'' and 
     inserting ``area career and technical education schools''; 
     and
       (B) by striking ``Carl D. Perkins Vocational and Technical 
     Education Act of 1998'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006''; and
       (2) in section 236(a)(1)(D) (19 U.S.C. 2296(a)(1)(D)), by 
     striking ``area vocational'' and all that follows through 
     ``Act of 1963'' and inserting ``area career and technical 
     education schools, as defined in section 3 of the Carl D. 
     Perkins Career and Technical Education Act of 2006''.
       (c) Higher Education Act of 1965.--The Higher Education Act 
     of 1965 (20 U.S.C. 1001 et seq.) is amended--
       (1) in section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A))--
       (A) by striking ``section 521(4)(C)'' and inserting 
     ``section 3(3)(C)''; and
       (B) by striking ``Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006''; and
       (2) in section 484(l)(1)(B)(i) (20 U.S.C. 
     1091(l)(1)(B)(i)), by striking ``section 521(4)(C) of the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998'' and inserting ``section 3(C) of the Carl D. Perkins 
     Career and Technical Education Act of 2006''.
       (d) Education for Economic Security Act.--Section 3(1) of 
     the Education for Economic Security Act (20 U.S.C. 3902(1)) 
     is amended--
       (1) by striking ``area vocational education school'' and 
     inserting ``area career and technical education school''; and
       (2) by striking ``section 521(3) of the Carl D. Perkins 
     Vocational Educational Act..'' and inserting ``section 3(3) 
     of the Carl D. Perkins Career and Technical Education Act of 
     2006.''.
       (e) Education Flexibility Partnership Act of 1999.--Section 
     4(b)(2) of the Education Flexibility Partnership Act of 1999 
     (20 U.S.C. 5891b(b)(2)) is amended by striking ``Carl D. 
     Perkins Vocational and Technical Education Act of 1998'' and 
     inserting ``Carl D. Perkins Career and Technical Education 
     Act of 2006''.
       (f) Elementary and Secondary Education Act of 1965.--The 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended--
       (1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)), by 
     striking ``Carl D. Perkins Vocational and Technical Education 
     Act of 1998'' and inserting ``Carl D. Perkins Career and 
     Technical Education Act of 2006'';
       (2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)), by 
     striking ``Carl D. Perkins Vocational and Technical Education 
     Act of 1998'' and inserting ``Carl D. Perkins Career and 
     Technical Education Act of 2006'';
       (3) in section 1114(b)(2)(B)(v) (20 U.S.C. 
     6314(b)(2)(B)(v)), by striking ``Carl D. Perkins Vocational 
     and Technical Education Act of 1998'' and inserting ``the 
     Carl D. Perkins Career and Technical Education Act of 2006''; 
     and
       (4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)), by 
     striking ``Carl D. Perkins Vocational and Technical Education 
     Act of 1998'' and inserting ``Carl D. Perkins Career and 
     Technical Education Act of 2006''.
       (g) Wagner-Peyser Act.--Section 15(f) of the Wagner-Peyser 
     Act (29 U.S.C. 49l-2(f)) is amended by striking ``Carl D. 
     Perkins Vocational and Applied Technology Education Act'' and 
     inserting ``Carl D. Perkins Career and Technical Education 
     Act of 2006''.
       (h) Public Law 105-220.--Public Law 105-220 is amended--
       (1) in section 101(3) (29 U.S.C. 2801(3))--
       (A) by striking ``given the term'' and inserting ``given 
     the term `area career and technical education school' ''; and
       (B) by striking ``Carl D. Perkins Vocational and Technical 
     Education Act of 1998'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006'';
       (2) in section 101(50) (29 U.S.C. 2801(50)), by striking 
     ``given'' and all that follows through the period at the end 
     and inserting ``given the term `career and technical 
     education' in section 3 of the Carl D. Perkins Career and 
     Technical Education Act of 2006.'';
       (3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by 
     striking ``section 113(b)(14) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act'' and 
     inserting ``section 113(b)(3) of the Carl D. Perkins Career 
     and Technical Education Act of 2006'';
       (4) in section 112(b)(8)(A)(iii) (29 U.S.C. 
     2822(b)(8)(A)(iii))--
       (A) by striking ``postsecondary vocational education 
     activities'' and inserting ``career and technical education 
     activities at the postsecondary level''; and
       (B) by striking ``Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006'';

[[Page H5790]]

       (5) in section 121(b)(1)(B)(vii) (29 U.S.C. 
     2841(b)(1)(B)(vii))--
       (A) by striking ``postsecondary vocational education 
     activities'' and inserting ``career and technical education 
     activities at the postsecondary level''; and
       (B) by striking ``Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006'';
       (6) in section 134(d)(2)(F) (29 U.S.C. 2864(d)(2)(F)), by 
     striking ``postsecondary vocational'' and all that follows 
     through ``Education Act'' and inserting ``career and 
     technical education activities at the postsecondary level, 
     and career and technical education activities available to 
     school dropouts, under the Carl D. Perkins Career and 
     Technical Education Act of 2006'';
       (7) in section 501(b)(2)(A) (20 U.S.C. 9271(b)(2)(A))--
       (A) by striking ``secondary vocational education programs'' 
     and inserting ``career and technical education programs at 
     the secondary level''; and
       (B) by striking ``Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006'';
       (8) in section 501(b)(2)(B) (20 U.S.C. 9271(b)(2)(B))--
       (A) by striking ``postsecondary vocational education 
     programs'' and inserting ``career and technical education 
     programs at the postsecondary level''; and
       (B) by striking ``Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting ``Carl D. Perkins 
     Career and Technical Education Act of 2006''; and
       (9) in section 501(d)(2)(B) (20 U.S.C. 9271(d)(2)(B)), by 
     striking ``Carl D. Perkins Vocational and Applied Technology 
     Education Act'' and inserting ``Carl D. Perkins Career and 
     Technical Education Act of 2006''.
       (i) Title 31.--Section 6703(a)(12) of title 31, United 
     States Code, is amended by striking ``Carl D. Perkins 
     Vocational and Applied Technology Education Act'' and 
     inserting ``Carl D. Perkins Career and Technical Education 
     Act of 2006''.
       (j) Title 40.--Section 14507(a)(1)(A)(iv) of title 40, 
     United States Code, is amended by striking ``Carl D. Perkins 
     Vocational and Technical Education Act of 1998'' and 
     inserting ``Carl D. Perkins Career and Technical Education 
     Act of 2006''.
       (k) Older Americans Act of 1965.--The Older Americans Act 
     of 1965 (42 U.S.C. 3001 et seq.) is amended--
       (1) in section 502(b)(1)(N)(i) (42 U.S.C. 
     3056(b)(1)(N)(i)), by striking ``Carl D. Perkins Vocational 
     and Technical Education Act of 1998'' and inserting ``Carl D. 
     Perkins Career and Technical Education Act of 2006'';
       (2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), by 
     striking ``Carl D. Perkins Vocational and Technical Education 
     Act of 1998'' each place that term appears and inserting 
     ``Carl D. Perkins Career and Technical Education Act of 
     2006''; and
       (3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)), by 
     striking ``Vocational and Technical Education Act of 1998'' 
     and inserting ``Career and Technical Education Act of 2006''.
       (l) Compact of Free Association Amendments Act of 2003.--
     Section 105(f)(1)(B)(iii) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is 
     amended by striking ``Carl D. Perkins Vocational and 
     Technical Education Act of 1998'' and inserting ``Carl D. 
     Perkins Career and Technical Education Act of 2006''.
       And the House agree to the same.
       That the House recede from its amendment to the title of 
     the bill and agree to the same.

     Howard P. ``Buck'' McKeon,
     Mike Castle,
     Mark Souder,
     Tom Osborne,
     Marilyn Musgrave,
     George Miller,
     Lynn Woolsey,
     Ron Kind,
                                Managers on the Part of the House.

     Michael B. Enzi,
     Judd Gregg,
     William H. Frist,
     Lamar Alexander,
     Richard M. Burr,
     Johnny Isakson,
     Mike DeWine,
     John Ensign,
     Orrin Hatch,
     Jeff Sessions,
     Pat Roberts,
     Ted Kennedy,
     Tom Harkin,
     Barbara A. Mikulski,
     Patty Murray,
     Jack Reed,
     Hillary Rodham Clinton,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the House to the bill (S. 250) to amend the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998 to improve the Act, submit the following joint statement 
     to the House and the Senate in explanation of the effect of 
     the action agreed upon by the managers and recommended in the 
     accompanying conference report:


                            recommendations

     Sec. 1. Short Title
       (1) The House and Senate bills have different titles.
     House recedes with amendment to read as follows:
     Accepted:
       Carl D. Perkins Career and Technical Education Improvement 
     Act of 2006
       (2) The House and Senate bill both amend the table of 
     contents to reflect the amendments made to current law.
     Legislative Counsel: similar or identical provision
     Sec. 2. Purposes
       (3) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (4) The Senate bill expands the first purpose to include 
     ``technical standards'' and to include assisting students in 
     meeting both technical and academic standards in preparation 
     for high skill, high wage, or high demand occupations in 
     emerging or established professions.
     House recedes with amendment to read as follows:
       (1) building on the efforts of States and localities to 
     develop challenging academic and technical standards and to 
     assist students in meeting such standards including 
     preparation for high skill, high wage, or high demand 
     occupations in current or emerging professions;
       (5) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (6) The House bill includes the term ``rigorous.''
     Senate recedes
       (7) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (8) The Senate bill includes ``conducting'' research and 
     disseminating information on best practices as purposes.
     House recedes with amendment to read as follows:
       (4) conducting and disseminating national research and 
     disseminating information on best practices that improve 
     career and technical education programs, services, and 
     activities;
       (9) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (10) The House bill does not include this purpose:
       (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;
     House recedes with amendment to read as follows:
       (5) providing technical assistance that promotes 
     leadership, initial preparation, and professional development 
     at the State and local levels that improves the quality of 
     career and technical education teachers, faculty, 
     administrators, and counselors;
       (11) The House bill does not include this purpose:
     House recedes with amendment to read as follows:
       (6) supporting partnerships among secondary schools, 
     postsecondary institutions, bachelor degree granting 
     institutions, area career technical centers, local workforce 
     investment boards, business and industry, and intermediaries; 
     and
       (12) The House bill does not include this purpose:
       (7) Providing individuals with opportunities throughout 
     their lifetime to develop, in conjunction with other Federal 
     education and training programs, the knowledge and skills 
     needed to keep America competitive.
     House recedes with amendment to read as follows:
       (7) providing individuals with opportunities throughout 
     their lifetimes to develop, in conjunction with other 
     education and training programs, the knowledge and skills 
     needed to keep America competitive.
     Sec. 3. Definitions
       (13) Provisions are identical
     Legislative Counsel: similar or identical provision
       (14) The Senate bill includes information collected by 
     entities described in Section 118 in the definition.
     House recedes with amendment to read as follows:
       (2) All aspects of an industry.--The term `all aspects of 
     an industry' means strong experience in, and comprehensive 
     understanding of, the industry that the individual is 
     preparing to enter, including information as described in 
     section 118.
       (15) The Senate bill changes the term ``vocational'' to 
     ``career''.
     House recedes
       (16) Similar provisions. The House bill includes 
     facilitation by lead administrators.
     House recedes with amendment to read as follows:
       (4) Articulation agreement
       The term `articulation agreement' means a written 
     commitment--
       (A) that is approved annually by the lead 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) that is designed to provide students with a 
     nonduplicative sequence of progressive

[[Page H5791]]

     achievement leading to technical skill proficiency, a 
     credential, a certificate, or a degree, and linked through 
     credit transfer agreements.
       (17) The House bill includes the term ``rigorous.'' The 
     Senate bill permits work-based learning experiences.
     Senate recedes with amendment to read as follows:
       (5) Career and technical education.--The term `career and 
     technical education' means organized educational activities 
     that--
       (A) offer a sequence of courses that--
       (i) provides individuals with coherent and rigorous content 
     aligned with challenging academic standards and relevant 
     technical knowledge and skills needed to prepare for further 
     education and careers in current or emerging professions;
       Report Language: In referring to a sequence of courses 
     throughout the bill, the Conferees intend that a sequence of 
     courses may include `work-based learning experiences' such as 
     long term internships or apprenticeships.
       (18) The House bill excludes professions that require a 
     post baccalaureate degree.
     Senate recedes with amendment to read as follows:
       (ii) may include pre-requisite courses that meet the 
     requirements of this subparagraph; and
       (iii) shall provide technical skill proficiency, an 
     industry-recognized credential, certificate, or associate 
     degree; and
       Report Language: By including prerequisite (other than 
     remedial) courses in the definition of career and technical 
     education, the conferees do not intend for eligible agencies 
     or eligible recipients to use funds under this Act for 
     activities that are not directly connected to a career and 
     technical education program or sequence of courses.
       (19) The House bill requires programs to provide for a 1-
     year certificate, associate degree, or industry-recognized 
     credential. The Senate bill allows programs that may lead to 
     technical skill proficiency, a credential, a certificate, or 
     a degree.
     Senate recedes with amendment to read as follows:
       (ii) may include pre-requisite courses that meet the 
     requirements of this subparagraph;
       (iii) shall provide technical skill proficiency, an 
     industry-recognized credential, certificate, or associate 
     degree; and
       (20) The Senate bill includes all aspects of an industry, 
     including entrepreneurship.
     House recedes
       (21) The House bill does not define career and technical 
     education student.
     Senate recedes
       (22) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (23) The Senate bill includes information about 
     baccalaureate degree programs. The House bill includes 
     providing access to information for parents, as appropriate.
     House recedes with amendment to read as follows:
       (8) Career guidance and academic counseling.-- The term 
     `career guidance and academic counseling' means guidance and 
     counseling that--
       (A) provides access to students (and parents, as 
     appropriate) to information regarding career awareness and 
     planning with respect to an individual's occupational and 
     academic future; and
       (B) provides information with respect to career options, 
     financial aid, and postsecondary options, including 
     baccalaureate degree programs.
       Report Language: Career guidance and academic counseling 
     informs students and their parents about available education 
     and training options and is an important component of 
     programs supported under this Act. Career guidance and 
     academic counseling should be provided to students as one 
     part of a comprehensive guidance program, and should be 
     available to individuals participating in, or considering 
     participating in, career and technical education, provided by 
     qualified school counselors, when available and the best 
     option.
       (24) The House bill does not define the term ``career 
     pathways.'' See note 215 for House bill equivalent.
     Senate recedes
       (25) Identical provisions.
     Legislative Counsel: similar or identical provision
       (26) The House bill does not define the term ``community 
     college.''
     Senate recedes
       (27) The House bill includes the phrase ``rigorous and 
     challenging.''
     Senate recedes with amendment to read as follows:
       (12) Cooperative education.--The term 'cooperative 
     education' means a method of education for individuals who, 
     through written cooperative arrangements between a school and 
     employers, receive instruction, including required rigorous 
     and challenging academic courses and related career and 
     technical education instruction, by alternation of study in 
     school with a job in any occupational field, which 
     alternation:
       (A) shall be planned and supervised by the school and 
     employer so that each contributes to the education and 
     employability of the individual; and
       (B) may include an arrangement in which work periods and 
     school attendance may be on alternate half days, full days, 
     weeks, or other periods of time in fulfilling the cooperative 
     program.
       (28) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (29) The House bill does not define the term ``core 
     academic subjects'' in the definition section. See note 240 
     for House bill equivalent.
     Senate recedes
       (30) Identical provisions.
     Legislative Counsel: similar or identical provision
       (31) Identical provisions.
     Legislative Counsel: similar or identical provision
       (32) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (33) The Senate bill requires eligible institutions to 
     offer programs leading to a technical skill proficiency, an 
     industry-recognized credential, a certificate, or a degree.
     House recedes with amendment to read as follows:
       (A) a public or nonprofit private institution of higher 
     education that offers career and technical education courses 
     that lead to technical skill proficiency, an industry-
     recognized credential, a certificate, or a degree;
       (34) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (35) The Senate includes charter school designations.
     House recedes with an amendment to read as follows:
       (A) a local educational agency (including a public charter 
     school that operates as a local educational agency), and an 
     area career and technical education school, an educational 
     service agency, or a consortium, eligible to receive 
     assistance under section 131; or
       (36) Identical provisions.
     House and Senate recede with amendment to strike ``or an 
         outlying area.''
       (37) The House bill does not define the term ``graduation 
     and career plan.''
     Senate recedes
       (38) Identical provisions.
     Legislative Counsel: similar or identical provision
       (39) Identical provisions
     Legislative Counsel: similar or identical provision
       (40) Identical provisions
     Legislative Counsel: similar or identical provision
       (41) Identical provisions.
     Legislative Counsel: similar or identical provision
       (42) The House bill does not define the term ``local 
     workforce investment boards.''
     Senate recedes
       (43) Similar provisions. The House bill includes the terms 
     ``current and.''
     Senate recedes with amendment to read as follows:
       (26) Non-traditional fields.--The term `non-traditional 
     fields' means occupations or fields of work, including 
     careers in computer science, technology, and other current 
     and emerging high skill occupations, for which individuals 
     from one gender comprise less than 25 percent of the 
     individuals employed in each such occupation or field of 
     work.
       (44) The House bill includes the Republic of Palau.
     Senate recedes
       (45) Identical provisions.
     Legislative Counsel: similar or identical provision
       (46) Identical provisions.
     Legislative Counsel: similar or identical provision
       (47) The Senate bill does not define the term 
     ``scientifically based research.''
     Senate recedes with amendment to read as follows:
       (22) Scientifically based research.--The term 
     `scientifically based research' means research that is 
     carried out using the standards defined as ``scientifically 
     based research standards'' in the Education Science Reform 
     Act of 2002 (P.L. 107-279).
       Report Language: The Conferees expect the Department to 
     support research that is scientifically based, in order to 
     obtain valid and reliable knowledge regarding career and 
     technical education programs. In addition, the Conferees 
     acknowledge that scientifically based research provides for 
     an array of research designs and methods appropriate and 
     feasible to the research question posed.
       (48) Identical provisions.
     Legislative Counsel: similar or identical provision
       (49) Identical provisions.
     Legislative Counsel: similar or identical provision
       (50) The House bill does not define the term ``self-
     sufficiency.''
     Senate recedes
       (51) The House bill includes ``individuals with other 
     barriers to educational achievement, as defined by the 
     State.''
     House recedes
       (52) Identical provisions.
     Legislative Counsel: similar or identical provision
       (53) The Senate bill includes ``instructional aids, and 
     work supports.''

[[Page H5792]]

     Senate recedes
       (54) The Senate bill does not define the term ``supportive 
     services.''
     House recedes
       (55) The House bill does not define the term ``tech prep 
     program.''
     House recedes with amendment to read as follows:
       (33) Tech prep program.--The term `tech prep program' means 
     a tech prep program described in section 203(c).
       (56) Similar provisions.
     Legislative Counsel: similar or identical provision
       (57) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     House recedes

     Sec. 4. Transition provisions
       (58) Similar provisions.
     House and Senate recede with amendment to read as follows:

     SEC. 4. TRANSITION PROVISIONS.

       The Secretary shall take such steps as the Secretary 
     determines to be appropriate to provide for the orderly 
     transition to the authority of this Act as amended by the 
     Carl D. Perkins Career and Technical Education Improvement 
     Act of 2006 from any authority under provisions of 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 2006. The Secretary shall give 
     each eligible agency the opportunity to submit a transition 
     plan for the first fiscal year following enactment of the 
     Carl D. Perkins Career and Technical Education Improvement 
     Act of 2006.
     Sec. 5. Privacy
       (59) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 6. Limitation
       (60) The Senate bill strikes a reference to the previously 
     repealed School-to-Work Opportunities Act of 1994.
     House recedes

     Sec. 7. Special rule
       (61) Identical provisions.
     Legislative Counsel: similar or identical provision

     Sec. 9. Authorization of appropriations
       (62) The House bill specifies an authorization level for 
     FY06, the Senate bill uses ``such sums.'' Similar provisions.
     House recedes with amendment to read as follows:
       There is authorized to be appropriated to carry out this 
     Act (other than sections 114, 117, and 118, and Title II) 
     such sums as may be necessary for each of the fiscal years 
     2007 through 2012.
     Sec. 8. Prohibitions
       (63) The Senate bill does not include a similar provision.
     Senate recedes with amendment to insert ``, 311(b) and 323'' 
         after ``and in (a) and to read as follows for (e):
       (e) Coherent and Rigorous Content.--For the purposes of 
     this Act coherent and rigorous content shall be determined by 
     the State consistent with section 1111(b)(1)(D) of the 
     Elementary and Secondary Education Act of 1965.

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

                    PART A--ALLOTMENT AND ALLOCATION

     Sec. 111. Reservation and state allotments
       (64) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (65) The House bill reduces the set-aside for Section 115 
     activities (assistance for outlying areas'' from .2 percent 
     to .12 percent.)
     House and Senate recede with amendment to read as follows:
       (1) Reservations.--From the sum appropriated under section 
     8 for each fiscal year, the Secretary shall reserve--
       (A) 0.13 percent to carry out section 115;
       (66) The House bill separates the Perkins incentive grant 
     funds from the incentive grant funds authorized under Title I 
     and Title II of WIA. The Senate bill retains the current 
     structure of the incentive grant program, which authorizes 
     the grants through WIA.
     House and Senate recede with amendment to delete incentive 
         grant set aside.
       (67) Identical provisions.
     Legislative Counsel: similar or identical provision
       (68) The Senate bill eliminates the cap on small state 
     minimums based on per student averages.
     House and Senate recede with amendment to read as follows 
         note 70.
       (69) The House bill includes new ``hold harmless'' 
     provisions based on Tech prep funding that are consolidated 
     into the Basic State Grants account.
     House and Senate recede with amendment to read as follows 
         note 70.
       (70) The House bill amends the hold harmless provision to 
     the combined Basic State grant and Tech prep FY05 funding 
     levels. The Senate bill bases the hold harmless provision for 
     fiscal years 2006 through 2008 on the Basic State grant FY05 
     funding level, at which point the hold harmless provision 
     is reduced to 95 percent of the previous fiscal year's 
     Basic State grant appropriation.
     House and Senate recede with amendment to read as follows for 
         notes 68-70:

     SEC. 111. RESERVATIONS AND STATE ALLOTMENT.--

       (a) Reservations and State Allotment.--
       (1) Reservations.--From the sum appropriated under section 
     9 for each fiscal year, the Secretary shall reserve--
       (A) 0.13 percent to carry out section 115; and
       (B) 1.50 percent to carry out section 116, of which--
       (i) 1.25 percent of the sum shall be available to carry out 
     section 116(b); and
       (ii) 0.25 percent of the sum shall be available to carry 
     out section 116(h).
       (2) State allotment formula.--Subject to paragraphs (3), 
     (4), and (5), from the remainder of the sum appropriated 
     under section 9 and not reserved under paragraph (1) for a 
     fiscal year, the Secretary shall allot to a State for the 
     fiscal year--
       (A) an amount that bears the same ratio to 50 percent of 
     the sum being allotted as the product of the population aged 
     15 to 19 inclusive, in the State in the fiscal year preceding 
     the fiscal year for which the determination is made and the 
     State's allotment ratio bears to the sum of the corresponding 
     products for all the States;
       (B) an amount that bears the same ratio to 20 percent of 
     the sum being allotted as the product of the population aged 
     20 to 24, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States;
       (C) an amount that bears the same ratio to 15 percent of 
     the sum being allotted as the product of the population aged 
     25 to 65, inclusive, in the State in the fiscal year 
     preceding the fiscal year for which the determination is made 
     and the State's allotment ratio bears to the sum of the 
     corresponding products for all the States; and
       (D) an amount that bears the same ratio to 15 percent of 
     the sum being allotted as the amounts allotted to the State 
     under subparagraphs (A), (B), and (C) for such years bears to 
     the sum of the amounts allotted to all the States under 
     subparagraphs (A), (B), and (C) for such year.
       (3) Minimum allotment for years with no additional funds.--
       (A) In general.--Notwithstanding any other provision of law 
     and subject to subparagraphs (B) and (C), and paragraph (5), 
     for a fiscal year for which there are no additional funds (as 
     such term is defined in paragraph (4)(D)), no State shall 
     receive for such fiscal year under this subsection less than 
     \1/2\ of 1 percent of the amount appropriated under section 9 
     and not reserved under paragraph (1) for such fiscal year. 
     Amounts necessary for increasing such payments to States to 
     comply with the preceding sentence shall be obtained by 
     ratably reducing the amounts to be paid to other States.
       (B) Requirement.--No State, by reason of the application of 
     subparagraph (A), shall receive for a fiscal year more than 
     150 percent of the amount the State received under this 
     subsection for the preceding fiscal year.
       (C) Special rule.--
       (i) In general.--Subject to paragraph (5), no State, by 
     reason of the application of subparagraph (A), shall be 
     allotted for a fiscal year more than the lesser of--

       (I) 150 percent of the amount that the State received in 
     the preceding fiscal year; and
       (II) the amount calculated under clause (ii).

       (ii) Amount.--The amount calculated under this clause shall 
     be determined by multiplying--

       (I) the number of individuals in the State counted under 
     paragraph (2) in the preceding fiscal year; by
       (II) 150 percent of the national average per pupil payment 
     made with funds available under this section for that year.

       (4) Minimum allotment for years with additional funds.--
       (A) In general.--Subject to subparagraph (B) and paragraph 
     (5), for a fiscal year for which there are additional funds, 
     no State shall receive for such fiscal year under this 
     subsection less than \1/2\ of 1 percent of the amount 
     appropriated under section 9 and not reserved under paragraph 
     (1) for such fiscal year. Amounts necessary for increasing 
     such payments to States to comply with the preceding sentence 
     shall be obtained by ratably reducing the amounts to be paid 
     to other States.
       (B) Special rule.--In the case of a qualifying State, the 
     minimum allotment under subparagraph (A) for a fiscal year 
     for the qualifying State shall be the lesser of--
       (i) \1/2\ of 1 percent of the amount appropriated under 
     section 9 and not reserved under paragraph (1) for such 
     fiscal year; and
       (ii) the sum of--

       (I) the amount the qualifying State received under this 
     subsection for fiscal year 2006 (as such subsection was in 
     effect on the day before the date of enactment of the Carl D. 
     Perkins Career and Technical Education Improvement Act of 
     2006); and
       (II) the product of--

       (aa) \1/3\ of the additional funds; multiplied by
       (bb) the qualifying State's ratio described in subparagraph 
     (C) for the fiscal year for which the determination is made.
       (C) Ratio.--For purposes of subparagraph (B)(ii)(II)(bb), 
     the ratio for a qualifying State for a fiscal year shall be 
     1.00 less the quotient of--
       (i) the amount the qualifying State received under this 
     subsection for fiscal year 2006 (as such subsection was in 
     effect on the day before the date of enactment of the Carl D. 
     Perkins Career and Technical Education Improvement Act of 
     2006); divided by
       (ii) \1/2\ of 1 percent of the amount appropriated under 
     section 9 and not reserved under paragraph (1) for the fiscal 
     year for which the determination is made.
       (D) Definitions.--In this paragraph:
       (i) Additional funds.--The term ``additional funds'' means 
     the amount by which--

       (I) the sum appropriated under section 9 and not reserved 
     under paragraph (1) for a fiscal year; exceeds

[[Page H5793]]

       (II) the sum appropriated under section 8 and not reserved 
     under [subparagraph (A) or (B) of paragraph (1)] for fiscal 
     year 2006 (as such section 8 and [such subparagraphs (A) and 
     (B)] were in effect on the day before the date of enactment 
     of the Carl D. Perkins Career and Technical Education 
     Improvement Act of 2006).

       (ii) Qualifying state.--The term ``qualifying State'' means 
     a State (except the United States Virgin Islands) that, for 
     the fiscal year for which a determination under this 
     paragraph is made, would receive, under the allotment formula 
     under paragraph (2) (without the application of this 
     paragraph and paragraphs (3) and (5)), an amount that would 
     be less than the amount the State would receive under 
     subparagraph (A) for such fiscal year.
       (5) Hold harmless.--
       (A) In general.--No State shall receive an allotment under 
     this section for a fiscal year that is less than the 
     allotment the State received under part A of title I of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2311 et seq.) (as such part was in effect on 
     the day before the date of enactment of the Carl D. Perkins 
     Vocational and Applied Technology Education Amendments of 
     1998) for fiscal year 1998.
       (B) Ratable reduction.--If for any fiscal year the amount 
     appropriated for allotments under this section is 
     insufficient to satisfy the provisions of subparagraph (A), 
     the payments to all States under such subparagraph shall be 
     ratably reduced.
       (b) Reallotment.--If the Secretary determines that any 
     amount of any State's allotment under subsection (a) for any 
     fiscal year will not be required for such fiscal year for 
     carrying out the activities for which such amount has been 
     allotted, the Secretary shall make such amount available for 
     reallotment. Any such reallotment among other States shall 
     occur on such dates during the same year as the Secretary 
     shall fix, and shall be made on the basis of criteria 
     established by regulation. No funds may be reallotted for any 
     use other than the use for which the funds were appropriated. 
     Any amount reallotted to a State under this subsection for 
     any fiscal year shall remain available for obligation during 
     the succeeding fiscal year and shall be deemed to be part of 
     the State's allotment for the year in which the amount is 
     obligated.
       (c) Allotment Ratio.--
       (1) In general.--The allotment ratio for any State shall be 
     1.00 less the product of--
       (A) 0.50; and
       (B) the quotient obtained by dividing the per capita income 
     for the State by the per capita income for all the States 
     (exclusive of the Commonwealth of Puerto Rico and the United 
     States Virgin Islands), except that--
       (i) the allotment ratio in no case shall be more than 0.60 
     or less than 0.40; and
       (ii) the allotment ratio for the Commonwealth of Puerto 
     Rico and the United States Virgin Islands shall be 0.60.
       (2) Promulgation.--The allotment ratios shall be 
     promulgated by the Secretary for each fiscal year between 
     October 1 and December 31 of the fiscal year preceding the 
     fiscal year for which the determination is made. Allotment 
     ratios shall be computed on the basis of the average of the 
     appropriate per capita incomes for the 3 most recent 
     consecutive fiscal years for which satisfactory data are 
     available.
       (3) Definition of per capita income.--For the purpose of 
     this section, the term ``per capita income'' means, with 
     respect to a fiscal year, the total personal income in the 
     calendar year ending in such year, divided by the population 
     of the area concerned in such year.
       (4) Population determination.--For the purposes of this 
     section, population shall be determined by the Secretary on 
     the basis of the latest estimates available to the Department 
     of Education.
       (d) Definition of State.--For the purpose of this section, 
     the term ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, and the United States Virgin Islands.
       (71) Identical provisions.
     Legislative Counsel: similar or identical provision
       (72) Identical provisions.
     Legislative Counsel: similar or identical provision
       (73) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 112. Within State Allocation
       (74) The House bill provides for 88 percent of State funds 
     to be distributed to local grantees. The Senate bill provides 
     for 85 percent of State funds to be allocated to local 
     grantees.
     House recedes with amendment to read as follows:
       (a) In general.--From the amount allotted to each State 
     under section 111 for a fiscal year, the eligible agency 
     shall make available--
       (1) not less than 85 percent for distribution under section 
     131 or 132, of which not more than 10 percent of the 85 
     percent may be used in accordance with subsection (c);
       (75) The Senate bill combines State Leadership and State 
     Administration funding accounts.
     House and Senate recede with amendment to read as follows 
         note 77.
       (76a) The Senate bill, but not the House bill, removes the 
     cap on the use of funds for individuals in State institutions 
     and for services for preparing individuals for non-
     traditional fields.
     Senate recedes
       (76b) The Senate bill, but not the House bill, includes 
     language on supporting and developing State data systems.
     House recedes
       (77) The House bill reduces the set aside for State 
     Administration to 2 percent. The Senate bill has no similar 
     provision (see above).
     House and Senate recede with amendment to read as follows for 
         notes 75-77:

     SEC. 112. WITHIN STATE ALLOCATION.

       (a) In General.--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 make 
     available--
       (1) not less than 85 percent for distribution under section 
     131 or 132, of which not more than 10 percent of the 85 
     percent may be used in accordance with subsection (c);
       (2) not more than 10 percent to carry out State leadership 
     activities described in section 124 of which--
       (A) an amount equal to not more than one percent of the 
     amount allotted to the State under section 111 for the fiscal 
     year shall be made available to serve individuals in State 
     institutions, such as State correctional institutions and 
     institutions that serve individuals with disabilities; and
       (B) not less than $60,000 and not more than $150,000 shall 
     be available for services that prepare individuals for non-
     traditional fields.
       (3) An amount equal to not more than five 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;
       (E) providing technical assistance; and
       (F) supporting and developing State data systems relevant 
     to the provisions of this Act.
       (78) The House bill provides for States to use more funds 
     from the local program account for State Leadership 
     activities for any year in which the allocation of 10 percent 
     for State Leadership activities is less than the FY05 level 
     for State Leadership activities. States using funds for this 
     purpose cannot exceed the percentage of funds set aside for 
     State Leadership in FY05. The Senate bill contains no similar 
     provision.
     House recedes
       (79) Similar provisions.
     ESenate recedes
       (80) The Senate bill provides for eligible agencies to use 
     reserved funds for innovative statewide initiatives that 
     demonstrate benefits for eligible recipients and the 
     development and implementation of career pathways or career 
     clusters. The House bill preserves the requirement that 
     grants made under this subsection must serve at least two 
     categories described in paragraph (1). The Senate bill does 
     not include this provision.
     Senate recedes with amendment to read as follows:
       (c) Reserve.--
       (1) In general.--From amounts made available under 
     subsection (a)(1) to carry out this subsection, an eligible 
     agency may award grants to eligible recipients for career and 
     technical education activities described in section 135 in--
       (1) rural areas;
       (2) areas with high percentages of career and technical 
     education students; and
       (3) areas with high numbers of career and technical 
     students.
     Sec. 113. Accountability
       (81) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     Legislative Counsel: similar or identical provision
     House recedes on ``career.''
       (82) Similar provisions.
     House and Senate recede with amendment to read as follows:
       (b) State Performance Measures.--
       (1) In general.--Each eligible agency, with input from 
     eligible recipients, shall establish performance measures for 
     a State that consist of--
       (A) the core indicators of performance described in 
     subparagraphs (A) and (B) of paragraph (2);
       (B) any additional indicators of performance (if any) 
     identified by the eligible agency under paragraph (2)(C); and
       (C) a State adjusted level of performance described in 
     paragraph (3)(A) for each core indicator of performance, and 
     State levels of performance described in paragraph (3)(B) for 
     each additional indicator of performance.
       (83) The House bill requires eligible agencies to report on 
     core indicators of performance that are ``valid and 
     reliable,'' to the extent practicable.
     Senate recedes with amendment to read as follows:
       (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 education career and technical education students 
     that are valid and reliable and that include, at a minimum, 
     measures of each of the following:
       Report Language: The Conferees are concerned that many 
     States currently use measures of the core indicators of 
     performance that cannot generate valid and reliable data that 
     reflect real improvement of their CTE programs. The Conferees 
     intend, by imposing the explicit requirement that the States 
     must use ``valid and reliable'' measures of the core 
     indicators of performance, for the States to establish 
     measures that reflect

[[Page H5794]]

     high standards and that will show the extent of real 
     improvement in their CTE programs. The Conferees expect the 
     Department to provide expertise and technical assistance to 
     the States to ensure the validity and reliability of the 
     measures prior to reaching agreement with States on levels 
     for particular measures.
       (84) The Senate bill requires eligible agencies to report 
     on student achievement on technical skill assessments. The 
     House bill requires student attainment of vocational and 
     technical skill proficiencies. The Senate bill requires the 
     use of assessments described under ESEA.
     House and Senate recede with amendment to read as follows:
       (i) Student attainment of challenging academic content 
     standards and student academic achievement standards, as 
     adopted by a State in accordance with section 1111(b)(1) of 
     the Elementary and Secondary Education Act of 1965 and 
     measured by the State determined proficient level on the 
     academic assessments described in section 1111 (b)(3) of such 
     Act.
       Report Language: The Conferees intend that the amendments 
     to the core indicators requirements will ensure that the 
     States use measures that are valid and reliable and apply 
     these measures to all categories of students served by CTE 
     programs. The Conferees further intend that a State use the 
     same measures to report the academic achievement and the rate 
     of high school graduation of its secondary CTE students, as 
     the State uses under Title I of the Elementary and Secondary 
     Education Act of 1965 (ESEA)--rather than indirect measures 
     or approximations of these measures. Thus, for example, a 
     State must report the number or percentage of CTE students 
     scoring at the proficient level or above on its academic 
     assessments used under the ESEA to ensure that its CTE 
     students are held to the same academic achievement standards 
     as are all students.
       (85) Similar provisions. The Senate bill requires eligible 
     agencies to report on ``rates of attainment'' for a technical 
     skill proficiency, industry-recognized credential, 
     certificate, and degree. The House bill requires graduation 
     rates to be determined based on requirements in ESEA.
     House and Senate recede with amendment to read as follows:
       (ii) Student attainment of career and technical skill 
     proficiencies, including student achievement on technical 
     assessments, that are aligned with industry-recognized 
     standards, if available and appropriate.
       (iii) Student rates of attainment of--
       (I) a secondary school diploma;
       (II) a General Education Development (GED) credential, or 
     other State-recognized equivalent (including recognized 
     alternative standards for individuals with disabilities); and

       (III) a proficiency credential, certificate, or degree, in 
     conjunction with a secondary school diploma if such 
     credential, certificate, or degree is offered by the State in 
     conjunction with a secondary school diploma.

       (iv) Student graduation rates (as described in section 1111 
     (b)(2)(C)(vi) of the Elementary and Secondary Education Act 
     of 1965).
       (v) Student placement in postsecondary education or 
     advanced training, in military service, or in employment.
       (vi) Student participation in and completion of career and 
     technical education programs that lead to non-traditional 
     fields.
       (86) The House bill requires eligible agencies to report on 
     core indicators of performance that are ``valid and 
     reliable,'' to the extent practicable.
     House and Senate recede with amendment to read as follows:
       Each eligible agency shall identify in the State plan core 
     indicators of performance for postsecondary career and 
     technical education students that are valid and reliable, and 
     that include, at a minimum, measures of each of the 
     following:
       (87) The Senate bill requires eligible agencies to report 
     on student attainment on technical skill assessments.
     House and Senate recede with amendment to read as follows:
       (i) Student attainment of challenging career and technical 
     skill proficiencies, including student achievement on 
     technical assessments, that are aligned with industry-
     recognized standards, if available and appropriate.
       (88) The Senate bill requires eligible agencies to report 
     on student attainment of an industry-recognized credential, a 
     certificate, or a degree and includes placement in 
     apprenticeship programs.
     House recedes with amendment to read as follows:
       (ii) Student attainment of an industry-recognized 
     credential, a certificate, or a degree.
       (iii) Student retention in postsecondary education or 
     transfer to a baccalaureate degree program.
       (iv) Student placement in military service or 
     apprenticeship programs or placement or retention in 
     employment, including placement in high skill, high wage, or 
     high demand occupations or professions.
       (89) The Senate bill requires eligible agencies to report 
     on student participation in, and completion of, career and 
     technical education programs that lead to employment or self-
     employment in high skill, high wage, high demand occupations 
     or professions. The Senate bill requires eligible agencies to 
     report on increase in earnings, where available.
     House and Senate recede with amendment to read as follows:
       (v) Student participation in, and completion of, career and 
     technical education programs that lead to employment in non-
     traditional fields.
       (90a) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (90b) The Senate bill includes the ``attainment of self-
     sufficiency.''
     House recedes
       Report Language: The Conferees intend that the term `self-
     sufficiency' means a standard of economic independence that 
     considers a variety of demographic and geographic factors, as 
     adopted, calculated, or commissioned by a local area or 
     State.
       (91) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     House recedes on ``career;'' Senate recedes with amendment to 
         read as follows:
       (D) Existing Indicators.--If a State has developed, prior 
     to the enactment of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2006, State career and technical 
     education performance measures that meet the requirements of 
     this section (as amended by such Act) the State may use such 
     performance measures to measure the progress of career and 
     technical education students.
       (92) Similar provisions.
     Senate recedes
       (93) The House bill does not include a similar provision.
     House recedes with amendment to read as follows:
       (F) Alignment of performance indicators.--In the course of 
     developing core indicators of performance and additional 
     indicators of performance, States shall, to the greatest 
     extent possible, align the indicators so that substantially 
     similar information gathered for other State and Federal 
     programs, or for any other purpose, is used to meet the 
     requirements of this section.
       (94) Similar provisions. The Senate bill requires the 
     eligible agency to take into account local adjusted levels of 
     performance.
     Senate recedes
       (95) The House bill uses the term ``substantial.'' The 
     Senate bill uses the term ``significant.''
     Senate recedes with amendment to read as follows:
       (II) require the State to continually make progress toward 
     improving the performance of career and technical education 
     students.
       (96) The Senate bill uses the term ``career.''
     House recedes
       (97) Identical provisions.
     House and Senate recede with amendment to insert ``subject to 
         section 4,'' before ``each''.
       (98) Identical provisions.
     Legislative Counsel: similar or identical provision
       (99) Identical provisions.
     Legislative Counsel: similar or identical provision
       Report Language: The conferees expect that, prior to 
     reaching agreement with a State on its adjusted levels of 
     performance, the State will demonstrate that its measures for 
     the core indicators of performance are valid and reliable and 
     will agree on levels that require continuous improvement. The 
     conferees further expect that the agreed-upon State adjusted 
     performance levels will reflect high standards and real 
     improvement, including an increase in the rate of the 
     improvement, in the State's CTE programs.
       (100) Similar provisions.
     House recedes
       (101) The House bill uses the term ``substantial,'' the 
     Senate bill uses the term ``significant.''
     Senate recedes with amendment to read as follows:

       (II) the extent to which such levels of performance promote 
     continuous improvement on the indicators of performance by 
     such State.

       Report Language: The Conferees expect, in carrying out this 
     section, that the U.S. Department of Education not impose a 
     minimum or arbitrary across-the-board increase in any state 
     performance targets as the means for ensuring continuous 
     improvement. Instead, when the U.S. Department of Education 
     is negotiating state adjusted levels of performance with 
     eligible agencies, it should consider and benchmark an 
     individual state's performance against that state's prior 
     performance, as well as take into consideration state 
     improvement plans and changes in baseline data, measurement 
     methods and number of students. The Conferees expect that 
     eligible agencies provide the same considerations to eligible 
     recipients when negotiating local adjusted levels of 
     performance.
       (102) Similar provisions. The House bill refers to the 
     factors in clause (vi), the Senate bill refers to the factors 
     in clause (vi)(II).
     House and Senate recede with amendment to read as follows:
       (vii) Revisions.--If unanticipated circumstances arise in a 
     State resulting in a significant change in the factors 
     described in clause (vi), the eligible agency may request 
     that the State adjusted levels of performance agreed

[[Page H5795]]

     to under clause (iii) or (v) be revised. The Secretary shall 
     issue objective criteria and methods for making such 
     revisions.
       (B) Levels of performance for additional indicators.--Each 
     eligible agency shall identify in the State plan, State 
     levels of performance for each of the additional indicators 
     of performance described in paragraph 2(C). Such levels shall 
     be considered to be the State levels of performance for 
     purposes of this title.
       (103) Similar provisions. The Senate bill allows eligible 
     recipients to accept the State adjusted levels of 
     performance, or negotiate with the State to reach agreement 
     on local adjusted levels of performance. The Senate bill uses 
     the term ``career.''
     House recedes with amendment to read as follows:
       (3) State levels of performance.--
       (A) State adjusted levels of performance for core 
     indicators of performance.--
       (i) In general.--Each eligible agency, with input from 
     eligible recipients, shall establish in the State plan 
     submitted under section 122, levels of performance for each 
     of the core indicators of performance described in 
     subparagraphs (A) and (B) of paragraph (2) for career and 
     technical education activities authorized under this title. 
     The levels of performance established under this subparagraph 
     shall, at a minimum--
       (I) be expressed in a percentage or numerical form, so as 
     to be objective, quantifiable, and measurable; and
       (104) The House bill uses the term ``substantial.'' The 
     Senate bill uses the term ``significant.''
     Senate recedes with amendment to read as follows:

     (II) require the eligible recipient to continually make 
     progress toward improving the performance of career and 
     technical education students.

       (105) The House bill requires improvement in academic and 
     vocational and technical achievement. The Senate bill 
     requires improvement in career and technical achievement.
     Senate recedes with amendment to strike ``vocational'' and 
         insert ``career.''
       (106) Identical provisions.
     Legislative Counsel: similar or identical provision
       (107) Similar provisions.
     Legislative Counsel: similar or identical provision
       (108) Similar provisions.
     House recedes
       (109) Similar provisions.
     Legislative Counsel: similar or identical provision
       (110) The House bill uses the term ``substantial.'' The 
     Senate bill uses the term ``significant.''
     Senate recedes with amendment to read as follows:

       (II) the extent to which the local adjusted levels of 
     performance promote continuous improvement on the core 
     indicators of performance by the eligible recipient.

       (111) Similar provisions. The House bill refers to the 
     factors in clause (v), the Senate bill refers to the factor 
     in clause (v)(II).
     Senate recedes
       (112) Similar provisions.
     Legislative Counsel: similar or identical provision
       (113) The House bill requires eligible recipients that 
     receive an allotment under section 111 to report performance 
     on the core indicators of performance, and to disaggregate 
     data for each of the indicators according to categories 
     described under ESEA for both secondary and postsecondary 
     students. The House bill also requires eligible recipients to 
     report on the performance of tech prep participants, if 
     applicable. The Senate bill requires eligible recipients at 
     the secondary level that receive an allocation under section 
     131 to prepare an annual report.
     House and Senate recede with amendment to read as follows 
         note 117.
       (114) The House bill prohibits reporting in instances where 
     the numbers of students is too small to yield statistically 
     reliable information or in which the results would reveal 
     personally identifiable information about an individual 
     student.
     House and Senate recede with amendment to read as follows 
         note 117.
       (115) The House bill requires eligible recipients to make 
     data available publicly, through a variety of formats, 
     including the Internet.
     House and Senate recede with amendment to read as follows 
         note 117.
       (116) The Senate bill requires data to be disaggregated, 
     for postsecondary institutions, by special populations and 
     gender, and for secondary institutions, by the categories 
     described in ESEA section 1111. The House bill requires both 
     secondary and postsecondary institutions to report data 
     disaggregated by the categories described in ESEA Section 
     1111. Both bills prohibit reporting in instances where the 
     numbers of students is too small to yield statistically 
     reliable information or in which the results would reveal 
     personally identifiable information about an individual 
     student.
     House and Senate recede with amendment to read as follows 
         note 117.
       (117) The House bill, but not the Senate bill, requires 
     eligible agencies to report gaps in performance between any 
     such category and the aggregate score of all students served 
     by the eligible agency.
     House and Senate recede with amendment to read as follows for 
         notes 113-117:
       (C) Local report.--
       (i) Content of report.--Each eligible recipient that 
     receives an allocation described in section 112 shall 
     annually prepare and submit to the eligible agency a report, 
     which shall include the data described in clause (ii)(I), 
     regarding the progress of such recipient in achieving the 
     local adjusted levels of performance on the core indicators 
     of performance.
       (ii) Data.--Except as provided in clauses (iii) and (iv) 
     each eligible recipient that receives an allocation described 
     in section 112 shall--

       (I) disaggregate data for each of the indicators of 
     performance under paragraph (2) for the categories of 
     students described in section 1111(h)(1)(C)(i) of the 
     Elementary and Secondary Education Act of 1965 and section 
     3(29) that are served under this Act; and
       (II) identify and quantify any disparities or gaps in 
     performance between any such category of students and the 
     performance of all students served by the eligible recipient 
     under the Act.

       (iii) Nonduplication.--The eligible agency shall ensure 
     that each eligible recipient does not report duplicative 
     information under this section in a manner that is consistent 
     with the actions of the Secretary under subsection (c)(3).
       (iv) Rules for reporting of data.--The disaggregation of 
     data under clause (ii) shall not be required when the number 
     of students in a category is insufficient to yield 
     statistically reliable information or when the results would 
     reveal personally identifiable information about an 
     individual student.
       (v) Availability.--The report described in clause (i) shall 
     be made available to the public through a variety of formats, 
     including electronically through the Internet.
       (c) Report.--
       (1) In general.--Each eligible agency that receives an 
     allotment under section 111 shall annually prepare and submit 
     to the Secretary a report regarding--
       (A) the progress of the State in achieving the State 
     adjusted levels of performance on the core indicators of 
     performance; and
       (B) information on the levels of performance achieved by 
     the State with respect to the additional indicators of 
     performance, including the levels of performance for special 
     populations.
       (2) Data.--Except as provided in paragraphs (3) and (4) 
     each eligible agency under sections 111 or 201 shall--
       (A) disaggregate data for each of the indicators of 
     performance under subsection (b)(2) for the categories of 
     students described in section 1111(h)(1)(C)(i) of the 
     Elementary and Secondary Education Act of 1965 and section 
     3(29) that are served under this Act; and
       (B) identify and quantify any disparities or gaps in 
     performance between any such category of students and the 
     performance of all students served by the eligible agency 
     under the Act which shall include a quantifiable description 
     of the progress each such category of students served by the 
     eligible agency under the Act has made in meeting the State 
     adjusted levels of performance.
       (3) Nonduplication.--The Secretary shall ensure that each 
     eligible agency does not report duplicative information under 
     this section.
       (4) Rules for reporting of data.--The disaggregation of 
     data under paragraph (2) shall not be required when the 
     number of students in a category is insufficient to yield 
     statistically reliable information or when the results would 
     reveal personally identifiable information about an 
     individual student.
       (118) The House bill requires data to be disaggregated by 
     the populations described in section 3(25) and the 
     populations described in section 1111(h)(1)(C)(i) of ESEA. 
     The Senate bill changes the term ``vocational'' to 
     ``career.''
     House and Senate recede with amendment to read as follows 
         note 117.
       (119) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 114. National activities
       (120) The Senate bill changes ``vocational'' to ``career.''
     House recedes
       (121) The Senate bill requires an analysis of performance 
     data that is disaggregated for postsecondary institutions, by 
     special populations, and for secondary institutions, by 
     special populations and the categories described in ESEA 
     Section 1111. The Senate bill prohibits reporting in 
     instances where the numbers of students is too small to yield 
     statistically reliable information or in which the results 
     would reveal personally identifiable information about an 
     individual student.
     Senate recedes
       (122) The House bill limits international comparisons to 
     aggregate comparisons.
     Senate recedes
       (123) Identical provisions.
     Legislative Counsel: similar or identical provision
       (124) Identical provisions.
     Legislative Counsel: similar or identical provision
       (125) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (126) Similar provisions. The members of the advisory panel 
     differ between the House and Senate bills.
     House and Senate recede with amendment to read as follows:
       (2) Independent advisory panel.--

[[Page H5796]]

       (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 methodology of the studies 
     involved to ensure that the assessment adheres to the highest 
     standards of quality.
       (B) Members.--The advisory panel shall consist of--
       (i) educators, administrators, State directors of career 
     and technical education, and chief executives, including 
     those with expertise in the integration of academic and 
     career and technical education;
       (ii) experts in evaluation, research, and assessment;
       (iii) representatives of labor organizations and 
     businesses, including small businesses, economic development 
     entities, and workforce investment entities;
       (iv) parents;
       (v) career guidance and academic counseling professionals; 
     and
       (vi) other individuals and intermediaries with relevant 
     expertise.
       (127) The House bill requires the report to be transmitted 
     to the Secretary and to Congress. The Senate bill requires 
     the report to be transmitted to the Secretary and the 
     relevant committees of Congress.
     Senate recedes with amendment to read as follows:
       The advisory panel shall transmit to the Secretary, the 
     relevant committees of Congress, and the Library of Congress 
     an independent analysis of the findings and recommendations 
     resulting from the assessment described in paragraph (2).
       (128) The House bill requires the assessment to evaluate 
     the implementation of career and technical education programs 
     established under this Act. The Senate bill requires the 
     assessment to evaluate career and technical education 
     programs under this Act.
     House and Senate recede with amendment to read as follows 
         note 133.
       (129) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (130) The House bill deletes clauses (i), (ii), (iv) and 
     (vii) of current law. The Senate bill retains these sections.
     House and Senate recede with amendment to read as follows 
         note 133.
       (131) The Senate bill includes faculty preparation.
     House and Senate recede with amendment to read as follows 
         note 133.
       (132) Similar provisions (clauses (ii) in the House bill 
     and (v) in the Senate bill). The House bill includes the term 
     ``rigorous.'' The House bill includes careers in which math 
     and science skills are critical. The Senate bill includes 
     special populations in the evaluation of student preparation. 
     The Senate bill includes the number of students receiving a 
     high school diploma (IV).
     House and Senate recede with amendment to read as follows 
         note 133.
       (133) The Senate bill includes local adjusted levels of 
     performance and local levels of performance.
     House and Senate recede with amendment to read as follows for 
         notes 128-133:
       (3) Evaluation and assessment.--
       (A) In general.--From amounts made available under 
     subsection (e), the Secretary shall provide for the conduct 
     of an independent evaluation and assessment of career and 
     technical education programs under this Act, including the 
     implementation of the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2006, to the extent practicable, 
     through studies and analyses conducted independently through 
     grants, contracts, and cooperative agreements that are 
     awarded on a competitive basis.
       (B) Contents.--The assessment required under paragraph (1) 
     shall include, but not be limited to, descriptions and 
     evaluations of--
       (i) the extent to which State, local, and tribal entities 
     have developed, implemented, or improved State and local 
     career and technical education programs assisted under this 
     Act; (ii) the preparation and qualifications of teachers and 
     faculty of career and technical education (such as meeting 
     State established teacher certification or licensing 
     requirements), as well as shortages of such teachers and 
     faculty;
       (iii) academic and career and technical education 
     achievement and employment outcomes of career and technical 
     education, including analyses of--

       (I) the extent and success of integration of rigorous and 
     challenging academic and career and technical education, 
     including a review of the effect of such integration on the 
     academic and technical proficiency achievement of students 
     (including the number of students receiving a high school 
     diploma) for students participating in career and technical 
     education programs; and
       (II) the extent to which career and technical education 
     programs prepare students, including special populations, for 
     subsequent employment in high skill, high wage occupations 
     (including those in which math and science skills are 
     critical), for participation in postsecondary education;

       (iv) employer involvement in, and satisfaction with career 
     and technical education programs and career and technical 
     education students' preparation for employment;
       (v) participation of students in career and technical 
     education programs;
       (vi) the use of educational technology and distance 
     learning with respect to career and technical education and 
     tech prep programs; and
       (vii) the effect of State and local adjusted levels of 
     performance and State and local levels of performance on the 
     delivery of career and technical education services, 
     including the percentage of career and technical education 
     and tech prep students meeting the adjusted levels of 
     performance described in section 113.
       (134) The Senate bill requires the report to be submitted 
     to the relevant committees of Congress.
     House recedes with amendment to read as follows:

       (I) an interim report regarding the assessment on or before 
     January 1, 2010; and
       (II) a final report, summarizing all studies and analyses 
     that relate to the assessment and that are completed after 
     the interim report, on or before July 1, 2011.

       (135) The Senate bill would require the Secretary to award 
     grants and contracts to one institution of higher education 
     offering comprehensive graduate programs in career and 
     technical education.
     House and Senate recede with amendment to read as follows:
       (5) Research.--
       (A) In general.--From amounts made available under 
     subsection (e), the Secretary, after consulting with the 
     States, shall award a grant, contract, or cooperative 
     agreement on a competitive basis to an institution of higher 
     education, a public or private nonprofit organization or 
     agency, or a consortium of such institutions, organizations, 
     or agencies to establish a national research center--
       (136) The House bill requires the national center to carry 
     out ``scientifically based research.'' The Senate bill 
     requires ``research and evaluation.''
     House and Senate recede with amendment to read as follows:
       (i) to carry out scientifically based research and 
     evaluation for the purpose of developing, improving, and 
     identifying the most successful methods for addressing the 
     education, employment, and training needs of participants, 
     including special populations, in career and technical 
     education programs, including research and evaluation in such 
     activities as--
       (137) The Senate bill includes the requirements that 
     research include the education, employment, and training 
     needs of special populations.
     House recedes
       (138) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (139) The Senate bill, but not the House bill, requires the 
     Center to carry out research, including scientifically based 
     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.
     House and Senate recede with amendment to read as follows:

       (I) the integration of--

       (aa) career and technical instruction; and
       (bb) academic, secondary and postsecondary instruction;

       (II) education technology and distance learning approaches 
     and strategies that are effective with respect to career and 
     technical education;
       (III) State adjusted levels of performance and State levels 
     of performance that serve to improve career and technical 
     education programs and student achievement;
       (IV) academic knowledge and career and technical skills 
     required for employment or participation in postsecondary 
     education; and
       (V) preparation for occupations in high skill, high wage, 
     or high demand business and industry, including examination 
     of--

       (aa) collaboration between career and technical education 
     programs and business and industry; and
       (bb) academic and technical skills required for a regional 
     or sectoral workforce, including small business;
       (140) The House bill includes the term ``scientifically 
     based research'' and ``rigorous.''
     House and Senate recede with amendment to read as follows:
       (ii) to carry out scientifically based research and 
     evaluation to increase the effectiveness and improve the 
     implementation of career and technical education programs 
     that are integrated with coherent and rigorous content 
     aligned with challenging academic standards, including 
     conducting research and development, and studies, that 
     provide longitudinal information or formative evaluation with 
     respect to career and technical education programs and 
     student achievement;
       (141) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (142) The Senate bill requires research that improves the 
     integration of programs with academic content standards and 
     achievement standards adopted by States under ESEA.
     House recedes with amendment to read as follows note 144.
       (143) The Senate bill requires that research promoting 
     technical education be aligned with industry-based standards 
     and certifications to meet regional industry needs.
     House recedes with amendment to read as follows note 144.
       (144) The Senate bill requires that research to improve 
     preparation and professional development include the 
     recruitment and retention of career and technical education 
     teachers, faculty, counselors, principals, and 
     administrators, including individuals in

[[Page H5797]]

     groups underrepresented in the teaching professions.
     House and Senate recede with amendment to read as follows for 
         notes 142-144:
       (iii) to carry out scientifically based research that can 
     be used to improve preparation and professional development 
     of teachers, faculty, 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) coordinating technical education with industry-
     recognized certification requirements;

       (II) dissemination and training activities related to the 
     applied research and demonstration activities described in 
     this subsection, which may also include serving as a 
     repository for information on career and technical skills, 
     State academic standards, and related materials; and
       (III) the recruitment and retention of career and technical 
     education teachers, faculty, counselors, and administrators, 
     including individuals in groups underrepresented in the 
     teaching profession; and

       (145) Identical provisions.
     Legislative Counsel: similar or identical provision
       (146) The Senate bill refers to the ``relevant Committees 
     of Congress.''
     House recedes with amendment to read as follows:
       (B) Report.--The center conducting the activities described 
     in subparagraph (A) shall annually prepare a report of key 
     research findings of such center and shall submit copies of 
     the report to the Secretary, relevant committees of Congress, 
     the Library of Congress, and each eligible agency.
       (147) The House bill refers to one or more centers. The 
     Senate bill refers to one center.
     House and Senate recede with amendment to read as follows:
       (B) Report.--The center conducting the activities described 
     in subparagraph (A) shall annually prepare a report of key 
     research findings of such center and shall submit copies of 
     the report to the Secretary, relevant committees of Congress, 
     the Library of Congress, and each eligible agency.
       (148) The Senate bill, but not the House, would establish 
     an independent governing board to ensure that research and 
     dissemination activities are carried out by the center are 
     coordinated with the research activities carried out by the 
     Secretary.
     Senate recedes
       (149) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (150) The Senate bill retains the demonstration 
     partnership.
     Senate recedes
       (151) Identical provisions.
     Legislative Counsel: similar or identical provision
       (152) Similar provisions.
     Senate recedes with amendment to read as follows:
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2007 through 2012.
       (153) The House bill separates the Perkins incentive grant 
     funds from the incentive grant funds authorized under Title I 
     and Title II of WIA. The House bill awards incentive grants 
     without consideration of performance on WIA programs. The 
     Senate bill retains the current structure of the incentive 
     grants.
     House and Senate recede.
     Incentive grants removed as a part of the formula resolution. 
         See notes 68-70.
     Sec. 115. Assistance for Outlying Areas
       (154) The House bill, but not the Senate, would increase 
     grant amounts for the outlying areas. The Senate bill retains 
     PREL as the initial recipient of the ``remainder'' to 
     subsequently make grants. The House bill no longer includes 
     PREL.
     House and Senate recede with amendment to read as follows 
         note 160.
       (155) The Senate bill, but not the House, includes the 
     Republic of Palau in the ``Remainder'' provision of the bill. 
     However, the Senate bill no longer includes the Republic of 
     Palau in its definition of outlying areas. (See note 44).
     House and Senate recede with amendment to read as follows 
         note 160.
       (156) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (157) The Senate bill uses the term ``preparation,'' while 
     the House bill uses the phrase ``training and retraining.''
     House and Senate recede with amendment to read as follows 
         note 160.
       (158) The Senate bill, but not the House, includes 
     ``professional development for teachers, faculty, principals, 
     and administrators;''
     House and Senate recede with amendment to read as follows 
         note 160.
       (159) The House bill, but not the Senate, strikes this 
     provision from current law.
     House and Senate recede with amendment to read as follows 
         note 160.
       (160) Similar provisions.
     House and Senate recede with amendment to read as follows for 
         notes 154-160:

     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, subject to subsection (d).
       (b) Remainder.--
       (1) First year.--Subject to the provisions of subsection 
     (a), for the first year following the date of enactment of 
     the Carl D. Perkins Career and Technical Education 
     Improvement Act of 2006, the Secretary shall make a grant of 
     the remainder of funds reserved pursuant to section 
     111(a)(1)(A) to the Pacific Region Educational Laboratory in 
     Honolulu, Hawaii, to make grants for career and technical 
     education and training in Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, for the purpose 
     of providing direct career and technical educational 
     services, including--
       (A) teacher and counselor training and retraining;
       (B) curriculum development; and
       (C) the improvement of career and technical education and 
     training programs in secondary schools and institutions of 
     higher education, or improving cooperative education programs 
     involving secondary schools and institutions of higher 
     education.
       (2) Subsequent years.--Subject to subsection (a), for the 
     second fiscal year following the date of enactment of the 
     Carl D. Perkins Career and Technical Education Improvement 
     Act of 2006, and each subsequent year, the Secretary shall 
     make a grant of the remainder of funds reserved pursuant to 
     section 111(a)(1)(A) and subject to subsection (a), in equal 
     proportion, to each of Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be used to 
     provide direct career and technical educational services as 
     described in subparagraphs (A) through (C) of paragraph (1).
       (c) Limitation.--The Pacific Region Educational Laboratory 
     may use not more than 5 percent of the funds received under 
     subsection (b)(1) for administrative costs.
       (d) Restriction.--The Republic of Palau shall cease to be 
     eligible to receive funding under this section upon entering 
     into an agreement for extension of United States educational 
     assistance under the Compact of Free Association, unless 
     otherwise provided in such agreement.
     Sec. 116. Native American Programs
       (161) Identical provisions.
     Legislative Counsel: similar or identical provision
       (162) Identical provisions.
     Legislative Counsel: similar or identical provision
       (163) Identical provisions.
     Legislative Counsel: similar or identical provision
       (164) Identical provisions.
     Legislative Counsel: similar or identical provision
       (165) Identical provisions.
     Legislative Counsel: similar or identical provision
       (166) Identical provisions.
     Legislative Counsel: similar or identical provision
       (167) Identical provisions.
     Legislative Counsel: similar or identical provision
       (168) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (169) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (170) Identical provisions.
     Legislative Counsel: similar or identical provision
       (171) Identical provisions.
     Legislative Counsel: similar or identical provision
       (172) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (173) The Senate bill, but not the House, inserts a comma 
     after the word ``section.''
     Legislative Counsel: similar or identical provision
       (174) The Senate bill, but not the House, changes the word 
     ``paragraph'' to ``section.''
     Legislative Counsel: similar or identical provision
       (175) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (176) Identical provisions.
     Legislative Counsel: similar or identical provision
       (177) Identical provisions.
     Legislative Counsel: similar or identical provision
       (178) Similar provisions. The Senate bill does not require 
     recognition by the Governor of the State of Hawaii.
     House recedes with amendment to read as follows:
       (h) Native Hawaiian Programs.--From the funds reserved 
     pursuant to section

[[Page H5798]]

     111(a)(1)(B)(ii), the Secretary shall award grants to or 
     enter into contracts with community-based organizations 
     primarily serving and representing Native Hawaiians to plan, 
     conduct, and administer programs, or portions thereof, which 
     are authorized by and consistent with the provisions of this 
     section for the benefit of Native Hawaiians.
     Sec. 117. Tribally Controlled Postsecondary Career and 
         Technical Institutions
       (179) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (180) The House bill, but not the Senate, provides that 
     funds may be used for ``institutional support costs of the 
     grant, including the expenses described in subsection (e).''
     Senate recedes
       The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (181) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (182) Similar provisions.
     Senate recedes
       (183) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (184) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (185) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (186) The Senate bill requires the needs assessment to be 
     conducted annually. The House bill deletes the requirement 
     that the Secretary conduct a needs assessment.
     Senate recedes
       (187) The Senate bill, but not the House bill, maintains 
     the requirement that the Secretary conduct a detailed study 
     of the training, housing, and immediate facilities needs of 
     each institution eligible under this section.
     Senate recedes
       (188) The Senate bill, but not the House bill, maintains 
     the requirement that the Secretary provide for the conduct of 
     a long-term study of the facilities of each institution 
     eligible for assistance under this section.
     Senate recedes
       (189) The Senate bill, but not the House bill, requires the 
     Secretary to provide a tribally controlled postsecondary 
     career and technical institution with a hearing on the record 
     with respect to determinations of grant eligibility or 
     regarding the calculation of the amount of a grant awarded 
     under this section.
     House recedes with amendment to read as follows:
       (g) Complaint Resolution Procedure.--The Secretary shall 
     establish (after consultation with tribally controlled 
     postsecondary career and technical institutions) a complaint 
     resolution procedure for grant determination and calculations 
     under this section for tribally controlled postsecondary 
     career and technical institutions.
       (190) Identical provisions.
     Legislative Counsel: similar or identical provision
       (191) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes on ``career.''
     Senate recedes with amendment to read as follows:
       (2) Indian student count.--
       (A) In general.--The term `Indian student count' means a 
     number equal to the total number of Indian students enrolled 
     in each tribally controlled postsecondary career and 
     technical institution, as determined in accordance with 
     subparagraph (B).
       (B) Determination.--
       (i) Enrollment.--For each academic year, the Indian student 
     count shall be determined on the basis of the enrollments of 
     Indian students as in effect at the conclusion of--

       (I) in the case of the fall term, the third week of the 
     fall term; and
       (II) in the case of the spring term, the third week of the 
     spring term.

       (ii) Calculation.--For each academic year, the Indian 
     student count for a tribally controlled postsecondary career 
     and technical institution shall be the quotient obtained by 
     dividing--

       (I) the sum of the credit hours of all Indian students 
     enrolled in the tribally controlled postsecondary career and 
     technical institution (as determined under clause (i)); by
       (II) 12.

       (iii) Summer Term.--Any credit earned in a class offered 
     during a summer term shall be counted in the determination of 
     the Indian student count for the succeeding fall term.
       (iv) Students without secondary school degrees.--

       (I) In general.--A credit earned at a tribally controlled 
     postsecondary career and technical institution by any Indian 
     student that has not obtained a secondary school degree (or 
     the recognized equivalent of such a degree) shall be counted 
     toward the determination of the Indian student count if the 
     institution at which the student is enrolled has established 
     criteria for the admission of the student on the basis of the 
     ability of the student to benefit from the education or 
     training of the institution.
       (II) Presumption.--The institution shall be presumed to 
     have established the criteria described in subclause (I) if 
     the admission procedures for the institution include 
     counseling or testing that measures the aptitude of a student 
     to successfully complete a course in which the student is 
     enrolled.
       (III) Credits Toward Secondary School Degree.--No credit 
     earned by an Indian student for the purpose of obtaining a 
     secondary school degree (or the recognized equivalent of such 
     a degree) shall be counted toward the determination of the 
     Indian student count under this clause.

       (v) Continuing Education Programs.--Any credit earned by an 
     Indian student in a continuing education program of a 
     tribally controlled postsecondary career and technical 
     institution shall be included in the determination of the sum 
     of all credit hours of the student if the credit is converted 
     to a credit hour basis in accordance with the system of the 
     institution for providing credit for participation in the 
     program.
       (192) The Senate bill, but not the House bill, specifies an 
     authorization level for FY06 for the purposed of this 
     section.
     Senate recedes with amendment to read as follows:
       Authorization of Appropriations.--There are authorized to 
     be appropriated to carry out this section such sums as may be 
     necessary for each of fiscal years 2007 through 2012.
     Sec. 118. Occupational and Employment Information
       (193) Similar provisions.
     Legislative Counsel: similar or identical provision
       (194) The Senate bill includes specific contents for the 
     application.
     House recedes with amendment to read as follows:
       (b) State Application.--
       (1) In general.--A jointly designated State entity 
     specified in subsection (c) that desires to receive a grant 
     shall submit an application to the Secretary at the same time 
     the State submits its State plan under section 122, in such 
     manner, and accompanied by such additional information, as 
     the Secretary may reasonably require.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall include a description of how the jointly designated 
     State entity designated in subsection (c) will provide 
     information based on trends provided pursuant to section 15 
     of the Wagner-Peyser Act to inform program development.
       (195) The Senate bill includes academic achievement 
     standards adopted by the State under ESEA.
     House recedes with amendment to read as follows: (see note 
         194)
       (196) The Senate bill, but not the House bill, includes a 
     focus on high skill, high wage, or high demand occupations in 
     emerging or established professions.
     Senate recedes with amendment to read as follows:
       (c) State Level Activities.--In order for a State to 
     receive a grant under this section, the eligible agency and 
     the Governor of the State shall jointly designate an entity 
     in the State--
       (1) to provide support for career guidance and academic 
     counseling programs designed to promote improved career and 
     education decision making by students (and parents, as 
     appropriate) regarding education (including postsecondary 
     education) and training options and preparations for high 
     skill, high wage, or high demand occupations and non-
     traditional fields;
       (2) to make available to students, parents, teachers, 
     administrators, faculty, and career guidance and academic 
     counselors, and to improve accessibility with respect to, 
     information and planning resources that relate academic and 
     career and technical educational preparation to career goals 
     and expectations;
       (197) The Senate bill, but not the House bill, includes a 
     focus on high skill, high wage, or high demand occupations 
     and non-traditional fields, including occupations and fields 
     requiring a baccalaureate degree. The Senate bill includes an 
     emphasis on providing this information to special populations 
     underrepresented in certain careers.
     House recedes with amendment to read as follows:
       (3) to provide academic and career and technical teachers, 
     faculty, administrators, and career guidance and academic 
     counselors with the knowledge, skills, and occupational 
     information needed to assist parents and students, especially 
     special populations, with career exploration, educational 
     opportunities, education financing, and exposure to high 
     skill, high wage, or high demand occupations and non-
     traditional fields, including occupations and fields 
     requiring a baccalaureate degree;
       (198) The Senate bill, but not the House bill, includes a 
     focus on high skill, high wage, or high demand occupations in 
     emerging or established professions.
     House recedes with amendment to read as follows:
       (4) to assist appropriate State entities in tailoring 
     career related educational resources and training for use by 
     such entities, including information on high skill, high 
     wage, or high demand occupations in current or emerging 
     professions and on career ladder information.
       (199) The Senate bill, but not the House, requires the 
     entities receiving grants under this section to provide 
     information, if available, for each occupation on the average 
     earnings of the individual, the expected lifetime earnings, 
     and the expected future demand for the occupation.
     House and Senate recede with amendment to read as follows:
       (7) to provide readily available occupational information 
     such as--

[[Page H5799]]

       (A) information relative to employment sectors;
       (B) information on occupation supply and demand; and
       (C) other information provided pursuant to section 15 of 
     the Wagner-Peyser Act as the jointly designated State entity 
     considers relevant.
       (200) Similar provisions.
     Legislative Counsel: similar or identical provision
       (201) Similar provisions.
     Legislative Counsel: similar or identical provision
       (202) Similar provisions.
     Legislative Counsel: similar or identical provision
       (203) Similar provisions.
     Legislative Counsel: similar or identical provision

                        PART B--STATE PROVISIONS

     Sec. 121. State Administration
       (204) Identical provisions.
     Legislative Counsel: similar or identical provision
       (205) The Senate bill, but not the House, includes 
     ``teacher and faculty preparation programs'' and ``all types 
     of businesses'' in the consultation process.
     House recedes with amendment to read as follows:
       (2) consultation with the Governor and appropriate 
     agencies, groups, and individuals including parents, 
     students, teachers, teacher and faculty preparation programs, 
     representatives of businesses (including small businesses), 
     labor organizations, eligible recipients, State and local 
     officials, and local program administrators, involved in the 
     planning, administration, evaluation, and coordination of 
     programs funded under this title;
       (206) Identical provisions.
     Legislative Counsel: similar or identical provision
       (207) Identical provisions.
     Legislative Counsel: similar or identical provision
       (208) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 122. State plan
       (209) The Senate bill allows eligible agencies to submit 
     transition plans to meet the requirements of this section.
     House and Senate recede with amendment to read as follows:
       (a) State Plan.--
       (1) In general.--Each eligible agency desiring assistance 
     under this title for any fiscal year shall prepare and submit 
     to the Secretary a State plan for a 6-year period, together 
     with such annual revisions as the eligible agency determines 
     to be necessary, except that during the period described in 
     section 4, each eligible agency may submit a transition plan 
     that shall fulfill the eligible agency's obligation to submit 
     a State plan under this section for the first fiscal year 
     following the date of enactment of the Carl D. Perkins Career 
     and Technical Education Improvement Act of 2006.
       (210) Identical provisions.
     Legislative Counsel: similar or identical provision
       (211) The House bill, but not the Senate, includes charter 
     school authorizers and organizers, students, and community 
     organizations.
     Senate recedes with amendment to read as follows:
     groups (including charter school authorizers and organizers 
     consistent with State law, employers, labor organizations, 
     parents, students, and community organizations),
       (212) The Senate bill includes career guidance and academic 
     counselors, State tech prep coordinators and representatives 
     of tech prep consortia, the lead State agency officials with 
     responsibility for activities under the Workforce Investment 
     Act, and includes small businesses and economic development 
     entities in the business and industry category.
     House recedes with amendment to read as follows:
       (b) Plan Development.--
       (1) In general.--The eligible agency shall--
       (A) develop the State plan in consultation with--
       (i) academic and career and technical education teachers, 
     faculty, and administrators;
       (ii) career guidance and academic counselors;
       (iii) eligible recipients;
       (iv) charter school authorizers and organizers (consistent 
     with State law);
       (v) parents and students;
       (vi) institutions of higher education;
       (vii) the State tech prep coordinator and representatives 
     of tech prep consortia (if applicable);
       (viii) entities participating in activities under section 
     111 of P.L. 105-220;
       (ix) interested community members (including parent and 
     community organizations);
       (x) representatives of special populations;
       (xi) representatives of business and industry (including 
     representatives of small business); and
       (xii) representatives of labor organizations in the State; 
     and
       (B) consult the Governor of the State with respect to such 
     development.
       (213) Identical provisions.
     Legislative Counsel: similar or identical provision
       (214) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House and Senate recede with amendment to read as follows for 
         notes 214-230:
       (A) the career and technical programs of study, which may 
     be adopted by local educational agencies and postsecondary 
     institutions to be offered as an option to students (and 
     their parents as appropriate) when planning for and 
     completing future coursework, for career and technical 
     content areas that--
       (i) incorporate secondary education and postsecondary 
     education elements;
       (ii) include coherent and rigorous content aligned with 
     challenging academic standards and relevant career and 
     technical content in a coordinated, non-duplicative 
     progression of courses that align secondary education with 
     postsecondary education to adequately prepare students to 
     succeed in postsecondary education;
       (iii) may include the opportunity for secondary education 
     students to participate in dual or concurrent enrollment 
     programs or other ways to acquire postsecondary education 
     credits; and
       (iv) lead to an industry-recognized credential or 
     certificate at the postsecondary level, or an associate or 
     baccalaureate degree;
       (B) how the eligible agency, in consultation with eligible 
     recipients, will develop and implement the career and 
     technical programs of study described in subparagraph (A);
       (C) how the eligible agency will support eligible 
     recipients in developing and implementing articulation 
     agreements between secondary education and postsecondary 
     education institutions;
       (D) how the eligible agency will make available information 
     about career and technical programs of study offered by 
     eligible recipients;
       (E) the secondary and postsecondary career and technical 
     education programs to be carried out, including programs that 
     will be carried out by the eligible agency to develop, 
     improve, and expand access to appropriate technology in 
     career and technical education programs;
       (F) the criteria that will be used by the eligible agency 
     to approve eligible recipients for funds under this Act, 
     including criteria to assess the extent to which the local 
     plan will--
       (i) promote continuous improvement in academic achievement;
       (ii) promote continuous improvement of technical skill 
     attainment; and
       (iii) identify and address current or emerging occupational 
     opportunities;
       (G) how programs at the secondary level will prepare career 
     and technical education students, including special 
     populations, to graduate from secondary school with a 
     diploma;
       (H) how such programs will prepare career and technical 
     education students, including special populations, 
     academically and technically, for opportunities in 
     postsecondary education or entry into high skill, high wage, 
     or high demand occupations in current or emerging 
     occupations, and how participating students will be made 
     aware of such opportunities;
       (I) how funds will be used to improve or develop new career 
     and technical education courses--
       (i) at the secondary level that are aligned with rigorous 
     and challenging academic content standards and student 
     academic achievement standards adopted by the State under 
     section 1111 (b)(1) of the Elementary and Secondary Education 
     Act of 1965;
       (ii) at the postsecondary level that are relevant and 
     challenging; and
       (iii) that lead to employment in high skill, high wage, or 
     high demand occupations;
       (J) how the eligible agency will facilitate and coordinate 
     communication on best practices among successful tech prep 
     program grants under title II and eligible recipients to 
     improve program quality and student achievement;
       (K) how funds will be used effectively to link secondary 
     and postsecondary academic and career and technical education 
     at the secondary level and the postsecondary level in a 
     manner that increases student academic and career and 
     technical achievement; and
       (L) how the eligible agency will report on the integration 
     of coherent and rigorous content aligned with challenging 
     academic standards in career and technical education programs 
     in order to adequately evaluate the extent of such 
     integration.
       (215) The House and Senate bill use different terms. The 
     House bill requires the eligible agency to describe in the 
     plan how model sequences of courses will include secondary 
     and postsecondary components. The Senate bill requires the 
     eligible agency to describe how it will support eligible 
     recipients in developing or implementing career pathways and 
     in developing articulation agreements between secondary and 
     postsecondary institutions.
     House and Senate recede with amendment to read as follows 
         note 214.
       (216) The House bill requires a description of how the 
     model sequence of courses will include rigorous and 
     challenging content. The Senate bill requires a 
     description of how the eligible agency will support 
     eligible recipients in using labor market information to 
     identify career pathways that prepare individuals for high 
     skill, high wage, or high demand occupations.
     House and Senate recede with amendment to read as follows 
         note 214.
       (217) The House bill requires a description of how the 
     model sequence of courses will lead to a postsecondary 1-year 
     certificate, associate or baccalaureate degree, or a 
     proficiency credential in conjunction with a secondary school 
     diploma. The Senate bill requires a description of how the 
     eligible agency will make available information about career 
     pathways offered by eligible recipients.

[[Page H5800]]

     House and Senate recede with amendment to read as follows 
         note 214.
       (218) The House bill requires a description of how the 
     model sequence of courses 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. The Senate bill requires a 
     description of how the eligible agency will consult with 
     business and industry and use industry-recognized standards 
     and assessments, if appropriate, to develop career pathways.
     House and Senate recede with amendment to read as follows 
         note 214.
       (219) The House bill, but not the Senate bill, includes 
     language requiring a description of how the eligible agency 
     will distribute information identifying eligible recipients 
     that offer elements of the model sequence of courses.
     House and Senate recede with amendment to read as follows 
         note 214.
       (220) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes.
       (221) Similar provisions. The Senate bill, but not the 
     House bill, requires the local plan to identify and address 
     workforce needs.
     House and Senate recede with amendment to read as follows 
         note 214.
       The House bill requires the local plan to promote 
     continuous and substantial improvement.
     House and Senate recede with amendment to read as follows 
         note 214.
       (222) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows 
         note 214.
       (223) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.'' The Senate bill includes an 
     emphasis on special populations.
     House and Senate recede with amendment to read as follows 
         note 214.
     House recedes on ``career.''
       (224) The Senate bill is more specific. It requires that 
     new courses in high skill, high wage, or high demand 
     occupations are linked to business needs and industry 
     standards, where appropriate. It also requires that courses 
     at the secondary level are aligned with standards adopted by 
     the State under ESEA and that courses at the postsecondary 
     level are relevant and challenging.
     House and Senate recede with amendment to read as follows 
         note 214.
       (225) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes.
       (226) The House bill uses the term ``rigorous.''
     House and Senate recede with amendment to read as follows 
         note 214.
       (227) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 214.
       (228) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 214.
       (229) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 214.
       (230) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 214.
       (231) The Senate bill, but not the House bill, includes 
     principals in the professional development language.
     House and Senate recede with amendment to read as follows 
         note 267.
       (232) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes.
       (233a) The House bill includes the term ``rigorous.''
     House and Senate recede with amendment to read as follows 
         note 267.
       (233b) The House bill includes a provision to encourage 
     applied learning that contributes to the academic and 
     vocational and technical knowledge of the student.
     House and Senate recede with amendment to read as follows 
         note 267.
       (234) The Senate bill is more expansive in the requirements 
     for professional development.
     House and Senate recede with amendment to read as follows 
         note 267.
       (235) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows 
         note 267.
       (236) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows 
         note 267.
       (237) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows 
         note 267.
       (238) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.'' The Senate bill also includes 
     faculty, principals, administrators, counselors, business 
     intermediaries, State workforce investment boards, and local 
     workforce investment boards.
     House and Senate recede with amendment to read as follows 
         note 267.
       (239) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     House recedes on ``career.''
     House and Senate recede with amendment to read as follows 
         note 267.
       (240) The Senate bill, but not the House bill, includes a 
     new subparagraph (A) relating to the use of funds to improve 
     or develop new career and technical education courses in high 
     skill, high wage, or high demand occupations.
     House and Senate recede with amendment to read as follows 
         note 267.
       (241) The House bill refers to ESEA for definition of core 
     academic subjects.
     House and Senate recede with amendment to read as follows 
         note 267.
       (242) The Senate bill (subparagraph (D)), encourages 
     enrollment in challenging courses in core academic subjects. 
     The House bill (subparagraph (A)) requires the integration of 
     academics with vocational and technical education to ensure 
     learning in core academic subjects.
     House and Senate recede with amendment to read as follows 
         note 267.
       (243) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.'' The Senate bill requires 
     programs to be coordinated to promote lifelong learning.
     House recedes on ``career.''
     House and Senate recede with amendment to read as follows 
         note 267.
       (244) Similar provisions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (245) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows 
         note 267.
       (246) Similar provisions. House bill uses term 
     ``describe.'' Senate bill uses term ``describes.''
     House and Senate recede with amendment to read as follows 
         note 267.
       (247) Identical provisions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (248) The House bill, but not the Senate bill, adds a 
     specific restriction on the use of funds for purchasing 
     technology.
     House and Senate recede with amendment to read as follows 
         note 267.
       (249) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 267.
       (250) The Senate bill requires a description of how the 
     eligible agency will measure and report data.
     House and Senate recede with amendment to read as follows 
         note 267.
       (251) The Senate bill requires data to be reported for 
     specific career clusters.
     House and Senate recede with amendment to read as follows 
         note 267.
       (252) The Senate bill replaces the term ``vocational'' to 
     ``career.''
     House recedes
       (253) The Senate bill requires a description of how the 
     eligible agency will disaggregate data, depending on the type 
     of eligible recipient.
     House and Senate recede with amendment to read as follows 
         note 267.
       (254) Identical provisions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (255) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     House recedes on ``career.''
     House and Senate recede with amendment to read as follows 
         note 267.
       (256) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     House recedes on ``career.''
     House and Senate recede with amendment to read as follows 
         note 267.
       (257) The Senate bill, but not the House bill, includes 
     coordination with workforce investment programs.
     House and Senate recede with amendment to read as follows 
         note 267.
       (258) The Senate bill, but not the House bill, requires a 
     description of how funds will be used to promote preparation 
     for high skill, high wage, or high demand occupations. The 
     Senate bill also requires preparation for non-traditional 
     fields in emerging and established professions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (259) Identical provisions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (260) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 267.
       (261) No similar provision is included in S. 250.
     House and Senate recede with amendment to read as follows 
         note 267.
       (262) Identical provisions.

[[Page H5801]]

     House and Senate recede with amendment to read as follows 
         note 267.
       (263) Similar provisions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (264) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows 
         note 267.
       (265) Identical provisions.
     House and Senate recede with amendment to read as follows 
         note 267.
       (266) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes on ``career.''
       (267) Identical provisions.
     House and Senate recede with amendment to read as follows for 
         notes 231-267:
       (2) describes how comprehensive professional development 
     (including initial teacher preparation and activities that 
     support recruitment) for career and technical education 
     teachers, faculty, administrators, and career guidance and 
     academic counselors will be provided, especially professional 
     development that--
       (A) promotes the integration of coherent and rigorous 
     academic content standards and career and technical education 
     curricula, including through opportunities for the 
     appropriate academic and career and technical teachers to 
     jointly develop and implement curricula and pedagogical 
     strategies, as appropriate;
       (B) increases the percentage of teachers that meet teacher 
     certification or licensing requirements;
       (C) is high quality, sustained, intensive, focused on 
     instruction, and increases the academic knowledge and 
     understanding of industry standards, as appropriate, of 
     career and technical education teachers;
       (D) encourages applied learning that contributes to the 
     academic and career and technical knowledge of the student;
       (E) provides the knowledge and skills needed to work with 
     and improve instruction for special populations;
       (F) assists in accessing and utilizing data, including data 
     provided under section 118, student achievement data, and 
     data from assessments; and
       (G) promotes integration with professional development 
     activities that the State carries out under Title II of the 
     Elementary and Secondary Education Act of 1965 and Title II 
     of the Higher Education Act of 1965.
       (3) describes efforts to improve--
       (A) the recruitment and retention of career and technical 
     education teachers, faculty, and career guidance and academic 
     counselors, including individuals in groups underrepresented 
     in the teaching profession; and
       (B) the transition to teaching from business and industry, 
     including small business;
       (4) describes efforts to facilitate the transition of 
     subbaccalaureate career and technical education students into 
     baccalaureate degree programs at institutions of higher 
     education;
       (5) describes how the eligible agency will actively involve 
     parents, academic and career and technical education 
     teachers, administrators, faculty, career guidance and 
     academic counselors, local business (including small 
     businesses), and labor organizations in the planning, 
     development, implementation, and evaluation of such career 
     and technical education programs;
       (6) describes how funds received by the eligible agency 
     through the allotment made under section 111 will be 
     allocated--
       (A) among career and technical education at the secondary 
     level, or career and technical education at the postsecondary 
     and adult levels, or both, including the rationale for such 
     allocation; and
       (B) among any consortia that will be formed among secondary 
     schools and eligible institutions, and how funds will be 
     allocated among the members of the consortia, including the 
     rationale for such allocation;
       (7) describes how the eligible agency will--
       (A) improve the academic and technical skills of students 
     participating in career and technical education programs, 
     including strengthening the academic and career and technical 
     components of career and technical education programs through 
     the integration of academics with career and technical 
     education to ensure learning in--
       (i) the core academic subjects (as defined in section 9101 
     of the Elementary and Secondary Education Act of 1965); and
       (ii) career and technical education subjects;
       (B) provide students with strong experience in, and 
     understanding of, all aspects of an industry; and
       (C) ensure that students who participate in such career and 
     technical education programs are taught to the same 
     challenging academic proficiencies as are taught to all other 
     students;
       (8) describes how the eligible agency will annually 
     evaluate the effectiveness of such career and technical 
     education programs, and describe, to the extent practicable, 
     how the eligible agency is coordinating such programs to 
     ensure nonduplication with other Federal programs;
       (9) describes the eligible agency's program strategies for 
     special populations, including a description of how 
     individuals who are members of the special populations--
       (A) will be provided with equal access to activities 
     assisted under this Act;
       (B) will not be discriminated against on the basis of their 
     status as members of the special populations; and
       (C) will be provided with programs designed to enable the 
     special populations to meet or exceed State adjusted levels 
     of performance, and prepare special populations for further 
     learning and for high skill, high wage, or high demand 
     occupations;
       (10) describes--
       (A) efforts to ensure that eligible recipients are given 
     the opportunity to provide input in determining the State 
     adjusted levels of performance described in section 113; and
       (B) how the eligible agency, in consultation with eligible 
     recipients, will develop a process for the negotiation of 
     local adjusted levels of performance under section 113(b)(4) 
     if an eligible recipient does not accept the State adjusted 
     levels of performance under Section 113(b)(3);
       (11) provides assurances that the eligible agency will 
     comply with the requirements of this Act and the provisions 
     of the State plan, including the provision of a financial 
     audit of funds received under this Act which may be included 
     as part of an audit of other Federal or State programs;
       (12) provides assurances that none of the funds expended 
     under this Act will be used to acquire equipment (including 
     computer software) in any instance in which such acquisition 
     results in a direct financial benefit to any organization 
     representing the interests of the acquiring entity, the 
     employees of the acquiring entity, or any affiliate of such 
     an organization;
       (13) describes how the eligible agency will report data 
     relating to students participating in career and technical 
     education in order to adequately measure the progress of the 
     students, including special populations, and how the eligible 
     agency will ensure that the data reported to the eligible 
     agency from local educational agencies and eligible 
     institutions under this title and the data the eligible 
     agency reports to the Secretary are complete, accurate, and 
     reliable;
       (14) describes how the eligible agency will adequately 
     address the needs of students in alternative education 
     programs, if appropriate;
       (15) describes how the eligible agency will provide local 
     educational agencies, area career and technical education 
     schools, and eligible institutions in the State with 
     technical assistance;
       (16) describes how career and technical education relates 
     to State and regional occupational opportunities;
       (17) describes the methods proposed for the joint planning 
     and coordination of programs carried out under this title 
     with other Federal education programs;
       (18) describes how funds will be used to promote 
     preparation for high skill, high wage, or high demand 
     occupations and non-traditional fields;
       (19) describes how funds will be used to serve individuals 
     in State correctional institutions; and
       (20) contains the description and information specified in 
     sections 112(b)(8) and 121(c) of Public Law 105-220 
     concerning the provision of services only for postsecondary 
     students and school dropouts.
       (d) Plan Options.--
       (1) Single Plan.--An eligible agency not choosing to 
     consolidate funds under section 202 shall fulfill the plan or 
     application submission requirements of this section, and 
     section 201(c), by submitting a single State plan. In such 
     plan, the eligible agency may allow recipients to fulfill the 
     plan or application submission requirements of section 134 
     and subsections (a) and (b) of section 204 by submitting a 
     single local plan.
       (2) PLan Submitted as Part of 501 Plan.--The eligible 
     agency may submit the plan required under this section as 
     part of the plan submitted under section 501 of Public Law 
     105-220, if the plan submitted pursuant to the requirement of 
     this section meets the requirements of this Act.
       (e) Plan Approval.--
       (1) In General.--The Secretary shall approve a State plan, 
     or a revision to an approved State plan, unless the Secretary 
     determines that--
       (A) the State plan, or revision, respectively, does not 
     meet the requirements of this Act; or
       (B) the State's levels of performance on the core 
     indicators of performance consistent with section 113 are not 
     sufficiently rigorous to meet the purpose of this Act.
       (2) Disapproval.--The Secretary shall not finally 
     disapprove a State plan, except after giving the eligible 
     agency notice and an opportunity for a hearing.
       (3) Consultation.--The eligible agency shall develop the 
     portion of each State plan relating to the amount and uses of 
     any funds proposed to be reserved for adult career and 
     technical education, postsecondary career and technical 
     education, tech prep education, and secondary career and 
     technical education after consultation with the State agency 
     responsible for supervision of community colleges, technical 
     institutes, or other 2-year postsecondary institutions 
     primarily engaged in providing postsecondary career and 
     technical education, and the State agency responsible for 
     secondary education. If a State agency finds that a portion 
     of the final State plan is objectionable, the State agency 
     shall file such objections with the eligible agency. The 
     eligible agency shall respond to any objections of the State 
     agency in the State plan submitted to the Secretary.
       (4) Timeframe.--A State plan shall be deemed approved by 
     the Secretary if the Secretary has not responded to the 
     eligible agency regarding the State plan within 90 days of 
     the date the Secretary receives the State plan.
     Sec. 123. Improvement plans
       (268) The House bill requires that the improvement plan 
     give special consideration to performance gaps.
     House and Senate recede with amendment to read as follows 
         note 272.
       (269) Identical provisions.
     House and Senate recede with amendment to read as follows 
         note 272.
       (270a) The Senate bill has the caption heading ``FAILURE.''
     House and Senate recede with amendment to read as follows 
         note 272.
       (270b) The Senate bill specifies that action may be taken 
     if an eligible agency fails to

[[Page H5802]]

     meet more than one of the State adjusted levels of 
     performance for 2 or more consecutive years. The House bill 
     specifies that subsequent action may occur if an eligible 
     recipient does not meet the State adjusted levels of 
     performance and the purposes of the Act for 2 or more 
     consecutive years.
     House and Senate recede with amendment to read as follows 
         note 272.
       Report Language: In establishing separate indicators for 
     secondary and postsecondary programs, the Conferees 
     acknowledge the distinct activities carried out by secondary 
     and postsecondary recipients. By providing the Secretary with 
     the discretion to take subsequent action against an eligible 
     agency, as specified in Section 123(b)(4), the Conferees 
     intend that the Secretary withhold only those funds from the 
     eligible agency that are designated to support the activities 
     related to the core indicators for which the agency failed to 
     meet the adjusted levels of performance.
       (271) Identical provisions.
     House and Senate recede with amendment to read as follows 
         note 272.
       Report Language: The Conferees intend that, in determining 
     whether to impose sanctions, the Secretary consider the 
     number of, and the degree by which, a State recipient failed 
     to meet its State adjusted levels of performance.
       (272) Identical provisions.
     House and Senate recede with amendment to read as follows for 
         notes 268-272.

     SEC. 123. IMPROVEMENT PLANS.

       (a) State Program Improvement.--
       (1) Plan.--If a State fails to meet at least 90 percent of 
     an agreed upon State adjusted level of performance for any of 
     the core indicators of performance described in section 
     113(b)(3), the eligible agency shall develop and implement a 
     program improvement plan (with special consideration to 
     performance gaps identified under section 113(c)(2)) in 
     consultation with the appropriate agencies, individuals, and 
     organizations during the first program year succeeding the 
     program year for which the eligible agency failed to so meet 
     the State adjusted level of performance for any of the core 
     indicators of performance.
       (2) Technical assistance.--If the Secretary determines that 
     an eligible agency is not properly implementing the eligible 
     agency's responsibilities under section 122, or is not making 
     substantial progress in meeting the purposes of this Act, 
     based on the State's adjusted levels of performance, the 
     Secretary shall work with the eligible agency to implement 
     the improvement activities consistent with the requirements 
     of this Act.
       (3) Subsequent action.--
       (A) In general.--The Secretary may, after notice and 
     opportunity for a hearing, withhold from an eligible agency 
     all, or a portion, of the eligible agency's allotment under 
     paragraphs (2) and (3) of section 112(a) if the eligible 
     agency--
       (i) fails to implement an improvement plan as described in 
     paragraph (1);
       (ii) fails to make any improvement in meeting any of the 
     State adjusted levels of performance for the core indicators 
     of performance identified under paragraph (1) within the 
     first program year of implementation of its improvement plan 
     described in paragraph (1); or
       (iii) fails to meet at least 90 percent of an agreed upon 
     State adjusted level of performance for the same core 
     indicator of performance for 3 consecutive years.
       (B) Waiver for exceptional circumstances.--The Secretary 
     may waive the sanction in subparagraph (A) due to exceptional 
     or uncontrollable circumstances, such as a natural disaster 
     or a precipitous and unforeseen decline in the financial 
     resources of the State.
       (4) Funds resulting from reduced allotments.--The Secretary 
     shall use funds withheld under paragraph (3) for a State 
     served by an eligible agency to provide technical assistance 
     to assist in the development of an improved State improvement 
     plan, or for other improvement activities consistent with the 
     requirements of this Act for such State.
       (273) Similar provisions. The Senate bill changes the term 
     ``vocational'' to ``career.''
     House recedes
       (274) Similar provisions. The House bill, but not the 
     Senate bill, references a persistent or a widening of 
     performance gaps.
     House and Senate recede with amendment as follows note 279.
       (275) The Senate bill requires the assessment to include 
     special populations.
     Senate recedes
       (276) The Senate bill requires the eligible agency to 
     consult with principals, administrators, and faculty.
     Senate recedes
       (277) The Senate bill, but not the House, permits an 
     eligible recipient to request additional technical assistance 
     directly from the Secretary.
     House and Senate recede with amendment as follows note 279.
       Report Language: In establishing separate indicators for 
     secondary and postsecondary programs, the Conferees 
     acknowledge the distinct activities carried out by secondary 
     and postsecondary recipients. By providing a State with the 
     discretion to take subsequent action against an eligible 
     recipient, as specified in Section 123(b)(4), the Conferees 
     intend that the State withhold only those funds from the 
     eligible recipient that are designated to support the 
     activities related to the core indicators for which the 
     recipient failed to meet the adjusted levels of performance.
       (278a) The Senate bill has the caption heading ``FAILURE.''
     House and Senate recede with amendment as follows note 279.
       (278b) The Senate bill specifies that action may be taken 
     if an eligible recipient fails to meet more than one of the 
     local adjusted levels of performance for 2 or more 
     consecutive years. The House bill specifies that subsequent 
     action may occur if an eligible recipient does not meet the 
     local adjusted levels of performance and the purposes of the 
     Act for 2 or more consecutive years.
     House and Senate recede with amendment as follows note 279.
       Report Language: The conferees intend that, in determining 
     whether to impose sanctions, an eligible agency consider the 
     number of, and the degree by which, an eligible recipient 
     failed to meet its local adjusted levels of performance and 
     the impact, if any, on eligible recipient's reported 
     performance of the small size of its career and technical 
     education program.
       (279) The Senate bill, but not the House, includes 
     ``organizational structure'' as grounds for waiver of the 
     sanctions described.
     House and Senate recede with amendment as follows for notes 
         274-279:
       (2) Plan.--If, after reviewing the evaluation in paragraph 
     (1), the eligible agency determines that an eligible 
     recipient failed to meet at least 90 percent of an agreed 
     upon local adjusted level of performance for any of the core 
     indicators of performance described in section 113(b)(4), the 
     eligible recipient shall develop and implement a program 
     improvement plan (with special consideration to performance 
     gaps identified under section 113(b)(4)(C)(ii)(II)) in 
     consultation with the eligible agency, appropriate agencies, 
     individuals, and organizations during the first program year 
     succeeding the program year for which the eligible entity 
     failed to so meet any of the local adjusted levels of 
     performance for any of the core indicators of performance.
       (3) Technical assistance.--If the eligible agency 
     determines that an eligible recipient is not properly 
     implementing the eligible recipient's responsibilities under 
     section 134, or is not making substantial progress in meeting 
     the purposes of this Act, based on the local adjusted levels 
     of performance, the eligible agency shall work with the 
     eligible recipient to implement improvement activities 
     consistent with the requirements of this Act.
       (4) Subsequent action--
       (A) In general.--The eligible agency may, after notice and 
     opportunity for a hearing, withhold from the eligible 
     recipient all, or a portion, of the eligible recipient's 
     allotment under this title if the eligible recipient--
       (i) fails to implement an improvement plan as described in 
     paragraph (2);
       (ii) fails to make any improvement in meeting any of the 
     local adjusted levels of performance for the core indicators 
     of performance identified under paragraph (2) within the 
     first program year of implementation of its improvement plan 
     described in paragraph (2); or
       (iii) fails to meet at least 90 percent of an agreed upon 
     local adjusted level of performance for the same core 
     indicator of performance for 3 consecutive years.
       (B) Waiver for exceptional circumstances.--The eligible 
     agency may, in determining whether to impose sanctions under 
     subparagraph (A), waive imposing sanctions--
       (i) due to exceptional or uncontrollable circumstances, 
     such as a natural disaster or a precipitous and unforeseen 
     decline in the financial resources of the eligible recipient; 
     or
       (ii) based on the impact on the eligible recipient's 
     reported performance of the small size of the career and 
     technical education program operated by the eligible 
     recipient.
       (280) Similar provisions.
     Legislative Counsel: similar or identical provision
       Report Language: The conferees recognize that the possible 
     sanction of an eligible recipient could result in an 
     unnecessary disruption of services and activities. It is the 
     intention of the conferees that in the event of a sanction, 
     the services and activities to be provided through an 
     alternative arrangement should be provided by the state 
     agency or another eligible recipient.
     Sec. 124. State leadership activities
       (281) Similar provisions.
     Senate recedes
       (282) Identical provisions.
     Legislative Counsel: similar or identical provision
       (283) The Senate bill changes ``vocational'' to ``career.''
     House recedes
       (284) The Senate bill, but not the House, includes 
     ``further training,'' and ``high skill, high wage, or high 
     demand occupations.''
     House recedes
       (285) The House bill, but not the Senate, includes ``math 
     and science'' education.
     House and Senate recede with amendment to read as follows 
         note 288.
       (286) The Senate bill, but not the House, deletes 
     subparagraph (B) from current law.
     House and Senate recede with amendment to read as follows 
         note 288.
       (287) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (288) The Senate bill, but not the House, includes lifelong 
     learning and partnerships to link career and technical 
     education with businesses, workforce investment entities and 
     communications entities.

[[Page H5803]]

     House and Senate recede with amendment to read as follows for 
         notes 285-288:
       (2) developing, improving, or expanding the use of 
     technology in career and technical education that may 
     include--
       (A) training of career and technical education teachers, 
     faculty, career guidance and academic counselors, and 
     administrators to use technology, including distance 
     learning;
       (B) providing career and technical education students with 
     the academic and career and technical skills (including the 
     math and science knowledge that provides a strong basis for 
     such skills) that lead to entry into technology fields, 
     including non-traditional fields; or
       (C) encouraging schools to collaborate with technology 
     industries to offer voluntary internships and mentoring 
     programs;
       (289) The House bill, but not the Senate, includes a new 
     requirement that professional development include training on 
     the integration and use of rigorous and challenging 
     standards.
     House and Senate recede with amendment to read as follows:
       (3) professional development programs, including providing 
     comprehensive professional development (including initial 
     teacher preparation) for career and technical education 
     teachers, faculty, administrators, and career guidance and 
     academic counselors at the secondary and postsecondary 
     levels, that support activities described in section 122 
     and--
       (290a) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (290b) The Senate bill includes language on scientifically 
     based research and effective practices to improve parental 
     and community involvement.
     Senate recedes with amendment to read as follows:
       (A) provide in-service and preservice training in career 
     and technical education programs--
       (i) on effective integration and use of challenging 
     academic and career and technical education provided jointly 
     with academic teachers to the extent practicable;
       (ii) on effective teaching skills based on research that 
     includes promising practices;
       (iii) on effective practices to improve parental and 
     community involvement; and
       (iv) on effective use of scientifically based research and 
     data to improve instruction;
       Report Language: The Conferees believe that states should 
     look to the appropriate scientifically based research to 
     guide their professional development offerings in order to 
     promote promising practices at the local level.
       (291) The House bill, but not the Senate bill, includes a 
     new requirement that professional development activities be 
     ``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.''
     House and Senate recede with amendment to read as follows:
       
       (B) are high quality, sustained, intensive, and classroom-
     focused in order to have a positive and lasting impact on 
     classroom instruction and the teacher's performance in the 
     classroom, and are not 1-day or short-term workshops or 
     conferences;
       (C) will help teachers and personnel to improve student 
     achievement in order to meet the State adjusted levels of 
     performance established under section 113;
       (D) will support education programs for teachers of 
     vocational and technical education in public schools and 
     other public school personnel who are involved in the direct 
     delivery of educational services to career and technical 
     education students to ensure that teachers and personnel--
       (i) stay current with the needs, expectations, and methods 
     of industry;
       (ii) can effectively develop rigorous and challenging, 
     integrated academic and career and technical education 
     curricula jointly with academic teachers, to the extent 
     practicable;
       (iii) develop a higher level of academic and industry 
     knowledge and skills in career and technical education; and
       (iv) effectively use applied learning that contributes to 
     the academic and vocational and technical knowledge of the 
     student; and
       (E) are coordinated with the teacher certification or 
     licensing and professional development activities that the 
     State carries out under title II of the Elementary and 
     Secondary Education Act of 1965 and title II of the Higher 
     Education Act of 1965;
       (292) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (293) The House bill, but not the Senate, provides for the 
     provision of ``rigorous and challenging academics that are 
     integrated with vocational and technical education to ensure 
     achievement in the core academic subjects.''
     House recedes with amendment to read as follows:
       (4) supporting career and technical education programs that 
     improve the academic and career and technical skills of 
     students participating in career and technical education 
     programs by strengthening the academic and career and 
     technical components of such career and technical education 
     programs through the integration of coherent and relevant 
     content aligned with challenging academic standards and 
     relevant career and technical education to ensure achievement 
     in--
       (A) the core academic subjects (as defined in section 9101 
     of the Elementary and Secondary Education Act of 1965); and
       (B) career and technical subjects;
       (294) The Senate bill, but not the House, includes the 
     qualifying language: ``in emerging and established 
     professions, and other activities that expose students, 
     including special populations, to high skill, high wage 
     occupation.''
     House recedes with amendment to read as follows:
       (5) providing preparation for non-traditional fields in 
     current and emerging professions, and other activities that 
     expose students, including special populations, to high 
     skill, high wage occupations;
       (295) The Senate bill includes ``intermediaries.''
     House recedes
       (296) The Senate bill uses the term ``career pathways,'' 
     the House bill uses the term ``model sequence or courses.''
     Senate recedes with amendment to read as follows:
       (6) supporting partnerships among local educational 
     agencies, institutions of higher education, adult education 
     providers, and, as appropriate, other entities, such as 
     employers, labor organizations, intermediaries, parents, and 
     local partnerships, to enable students to achieve State 
     academic standards, and career and technical skills, or 
     complete career and technical programs of study, as described 
     in section 122(c)(1)(A);
       (297) Identical provisions.
     Legislative Counsel: similar or identical provision
       (298) Senate bill, but not the House, includes ``high 
     demand occupations.''
     House recedes
       (299) Identical provisions.
     Legislative Counsel: similar or identical provision
       (300) Identical provisions.
     Legislative Counsel: similar or identical provision
       (301) The Senate bill, but not the House bill, allows funds 
     to be used to encourage students to graduate with a diploma 
     or a degree, and expose student to high skill, high wage 
     occupations and non-traditional fields in emerging and 
     established professions.
     House recedes with amendment to read as follows:
       (1) improvement of career guidance and academic counseling 
     programs that assist students in making informed academic and 
     career and technical education decisions, including--
       (A) encouraging secondary and postsecondary students to 
     graduate with a diploma or degree; and
       (B) exposing students to high skill, high wage occupations 
     and non-traditional fields;
       The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (302) Similar provisions. The Senate bill specifically 
     mentions articulation agreements as a possible type of 
     agreement.
     House recedes
       (303) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (304) Identical provisions.
     Legislative Counsel: similar or identical provision
       (305) The Senate bill combines this provision into 
     paragraph (8) below.
     House recedes
       (306) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (307) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (308) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (309) Identical provisions.
     Legislative Counsel: similar or identical provision
       (310) The Senate bill allows partnerships between education 
     and business intermediaries. The Senate bill provides for 
     adjunct faculty arrangements at the secondary and 
     postsecondary levels. The Senate bill includes cooperative 
     education (see note 305).
     House recedes
       (311) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       The Senate bill allows the development of new initiatives. 
     The Senate bill includes career clusters, career academics, 
     and distance learning. The Senate bill also emphasizes high 
     skill, high wage, or high demand occupations.
     House recedes with amendment to read as follows:
       (9) support to improve or develop new career and technical 
     education courses and initiatives, including career clusters, 
     career academies, and distance education, that prepare 
     individuals academically and technically for high skill, high 
     wage, or high demand occupations;
       (312) The House bill includes preparation for current and 
     emerging occupations in demand.
     House recedes
       (313) The House bill, but not the Senate, stipulates 
     requirements for the award of performance incentive grants 
     beyond the requirements of section 113.

[[Page H5804]]

     House and Senate recede with amendment to read as follows:
       (10) awarding incentive grants to eligible recipients--
       (A) for exemplary performance in carrying out programs 
     under this Act, which awards shall be based on--
       (i) eligible recipients exceeding the local adjusted levels 
     of performance established under section 113(b) in a manner 
     that reflects sustained or significant improvement;
       (ii) eligible recipients effectively developing connections 
     between secondary education and postsecondary education and 
     training;
       (iii) the adoption and integration of coherent and rigorous 
     content aligned with challenging academic standards and 
     technical coursework;
       (iv) eligible recipients' progress in having special 
     populations who participate in career and technical education 
     programs meet local adjusted levels of performance;
       (v) other factors relating to the performance of the 
     eligible recipient under this Act as the eligible agency 
     determines are appropriate; or
       (B) if an eligible recipient elects to use funds as 
     permitted under section 135(c)(19).
       (314) No similar provision is included in S. 250.
     Senate recedes
       (315) The Senate bill, but not the House, provides for 
     coordination with State Adult Basic Education and Family 
     Literacy activities.
     House recedes with amendment to read as follows:
       (12) providing career and technical education programs for 
     adults and school dropouts to complete their secondary school 
     education, in coordination, to the extent practicable, with 
     activities authorized under the Adult Education and Family 
     Literacy Act.
       (316) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (317) The Senate bill, but not the House bill, provides for 
     collaboration with State workforce investment systems to help 
     individuals find employment or continue their education or 
     training.
     House recedes with amendment to read as follows:
       (13) providing assistance to individuals, who have 
     participated in services and activities under this title, in 
     continuing individuals' education or training or finding 
     appropriate jobs, such as through referral to the system 
     established under section 121 of Public Law 105-220 (29 
     U.S.C. 2801 et seq.);
       (318) No similar provision in included in H.R. 366.
     House recedes with amendment to read as follows:
       (14) developing valid and reliable assessments of technical 
     skills;
       (319) No similar provision is included in H.R. 366.
     House recedes
       (320) No similar provision is included in H.R. 366.
     House recedes with amendment to read as follows:
       (17) support for occupational and employment information 
     resources, such as those described in section 118.
       (321) No similar provision is included in H.R. 366.
     Senate recedes
       (322) Similar provisions.
     Senate recedes

                        PART C--LOCAL PROVISIONS

     Sec. 131. Distribution of funds to secondary school programs
       (323) Identical provisions.
     House and Senate recede with amendment to read as follows:
       (a) Distribution Rules.--Except as provided in section 133 
     and as otherwise provided in this section, each eligible 
     agency shall distribute the portion of funds made available 
     under section 112(a)(1) to carry out this section to local 
     educational agencies within the State as follows:
       (1) Thirty percent.--Thirty percent shall be allocated to 
     such local educational agencies in proportion to the number 
     of individuals aged 5 through 17, inclusive, who reside in 
     the school district served by such local educational agency 
     for the preceding fiscal year compared to the total number of 
     such individuals who reside in the school districts served by 
     all local educational agencies in the State for such 
     preceding fiscal year, as determined on the basis of the most 
     recent satisfactory--
       (A) data provided to the Secretary by the Bureau of the 
     Census for the purpose of determining eligibility under title 
     I of the Elementary and Secondary Education Act of 1965; or
       (B) student membership data collected by the National 
     Center for Education Statistics through the Common Core of 
     Data survey system.
       (2) Seventy percent.--Seventy percent shall be allocated to 
     such local educational agencies in proportion to the number 
     of individuals aged 5 through 17, inclusive, who reside in 
     the school district served by such local educational agency 
     and are from families below the poverty level for the 
     preceding fiscal year, as determined on the basis of the most 
     recent satisfactory data used under section 1124(c)(1)(A) of 
     the Elementary and Secondary Education Act of 1965, compared 
     to the total number of such individuals who reside in the 
     school districts served by all the local educational agencies 
     in the State for such preceding fiscal year.
       (3) Adjustments.--Each eligible agency, in making the 
     allocations under paragraphs (1) and (2), shall adjust the 
     data used to make the allocations to--
       (A) reflect any change in school district boundaries that 
     may have occurred since the data were collected; and
       (B) include local educational agencies without geographical 
     boundaries, such as charter schools and secondary schools 
     funded by the Bureau of Indian Affairs.
       (324) Identical provisions.
     Legislative Counsel: similar or identical provision
       (325) Identical provisions. The Senate bill changes the 
     term ``vocational'' to ``career.''
     Legislative Counsel: similar or identical provision
     House recedes on ``career.''
       (326) Identical provisions.
     Legislative Counsel: similar or identical provision
       (327) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (328) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (329) The Senate bill changes the term ``vocational'' to 
     ``career.'' Senate bill doesn't include ``d.''
     House recedes on ``career.'' Senate recedes on (d).
       (330) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 132. Distribution of funds for postsecondary education 
         career and technical education programs
       (331) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (332) The Senate bill adds language related to technical 
     skill proficiency, an industry-recognized credential, a 
     certificate, or an associate's degree.
     Senate recedes
       (333) Identical provisions.
     Legislative Counsel: similar or identical provision
       (334) Identical provisions.
     Legislative Counsel: similar or identical provision
       (335) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 133. Special rules for career and technical education
       (336) The Senate bill changes the term ``vocational'' to 
     ``career'' in the heading.
     House recedes
       (337) The House bill, but not the Senate bill strikes this 
     provision from current law.
     House recedes
       (338) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (339) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
     Sec. 134. Local plan for career and technical education 
         programs
       (340) The Senate bill changes the term ``vocational'' to 
     ``career'' in the heading. The Senate bill, but not the 
     House, includes workforce investment entities.
     House recedes with amendment to read as follows:
       (a) Local Plan Required.--Any eligible recipient desiring 
     financial assistance under this part shall, in accordance 
     with requirements established by the eligible agency (in 
     consultation with such other educational and training 
     entities as the eligible agency determines to be appropriate) 
     submit a local plan to the eligible agency. Such local plan 
     shall cover the same period of time as the period of time 
     applicable to the State plan submitted under section 122.
       (341) Identical provisions.
     Legislative Counsel: similar or identical provision
       (342) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (343) Similar provisions. The House bill refers to ``model 
     sequences of courses.'' The Senate bill refers to ``career 
     pathways.''
       Senate recedes with amendment to read as follows:
     career and technical programs of study
       (344) The House bill includes the term ``rigorous.''
       Senate recedes with amendment to read as follows:
       (B) improve the academic and technical skills of students 
     participating in career and technical education programs by 
     strengthening the academic and career and technical education 
     components of such programs through the integration of 
     coherent and rigorous content aligned with challenging 
     academic standards and relevant career and technical 
     education programs to ensure learning in--
       (i) the core academic subjects (as defined in section 9101 
     of the Elementary and Secondary Education Act of 1965); and
        (ii) career and technical education subjects;
       (C) provide students with strong experience in, and 
     understanding of, all aspects of an industry;
       (D) ensure that students who participate in such career and 
     technical education programs are taught to the same coherent 
     and rigorous content aligned with challenging academic 
     standards as are taught to all other students;
       (345) The House bill defines core academic subjects as 
     under ESEA.

[[Page H5805]]

     Senate recedes with amendment to read as follows:
       (E) encourage career and technical education students at 
     the secondary level to enroll in rigorous and challenging 
     courses in core academic subjects (as defined in section 9101 
     of the Elementary and Secondary Education Act of 1965);
       (346) The Senate bill refers to Section 122. The House bill 
     requires a description of professional development activities 
     that promote the integration of rigorous and challenging 
     academic and technical education (including curriculum 
     development).
     Senate recedes with amendment to read as follows:
       (4) describe how comprehensive professional development 
     (including initial teacher preparation) for career and 
     technical, academic, guidance, and administrative personnel 
     will be provided that promotes the integration of coherent 
     and rigorous content aligned with challenging academic 
     standards and relevant career and technical education 
     (including curriculum development);
       (347) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
     (348) The Senate bill includes faculty, principals, 
     administrators, counselors, representatives of tech prep 
     consortia, representatives of the local workforce investment 
     board, representatives or the local development entity, and 
     representatives of small business.
     House recedes with amendment to read as follows:
       (5) describe how parents, students, academic and career and 
     technical education teachers, faculty, administrators, career 
     guidance and academic counselors, representatives of tech 
     prep consortia (if applicable), representatives of the 
     entities participating in activities described in section 117 
     of Public Law 105-220 (if applicable), representatives of 
     business (including small business) and industry, labor 
     organizations, representatives of special populations, and 
     other interested individuals are involved in the development, 
     implementation, and evaluation of career and technical 
     education programs assisted under this title, and how such 
     individuals and entities are effectively informed about, and 
     assisted in understanding, the requirements of this title, 
     including career and technical programs of study;
       (349) The Senate bill specifically requires that all 
     individuals and entities are informed about career pathways.
     Senate recedes with amendment to read as follows:
      including career and technical programs of study;
       (350) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (351) Similar provisions. The House bill requires the 
     performance of the eligible recipient to be independently 
     evaluated.
     House recedes
       (352) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (353) The Senate bill combines subparagraphs (B) and (C) of 
     the House bill.
     Senate recedes with amendment to read as follows for notes 
         353-355:
       (8) describe how the eligible recipient will--
       (A) review career and technical education programs, and 
     identify and adopt strategies to overcome barriers that 
     result in lowering rates of access to or lowering success in 
     the programs, for special populations;
     (B) provide programs that are designed to enable the special 
     populations to meet the local adjusted levels of performance; 
     and
       (C) provide activities to prepare special populations, 
     including single parents and displaced homemakers, for high 
     skill, high wage, or high demand occupations that will lead 
     to self-sufficiency;
       (354) The House bill refers to State adjusted levels of 
     performance. The Senate bill refers to local adjusted level 
     of performance.
     Senate recedes with amendment to read as follows note 353.
       (355) The House bill specifically includes single parents 
     and displaced homemakers.
       Senatee recedes with amendment to read as follows note 353.
       (356) Identical provisions.
     Legislative Counsel: similar or identical provision
       (357) Similar provisions.
     House recedes
       (358) The House bill repeats language similar to paragraph 
     (4) above.
     House recedes
       (359) No similar provision is included in H.R. 366.
     House recedes with amendment to read as follows:
       (11) describe how career guidance and academic counseling 
     will be provided to career and technical education students, 
     including linkages to future education and training 
     opportunities; and
       (360) No similar provision is included in H.R. 366.
     House and Senate recede with amendment to read as follows:
       (12) describe efforts to improve the recruitment and 
     retention of career and technical education teachers, 
     faculty, career guidance and academic counselors, including 
     individuals in groups underrepresented in the teaching 
     profession, and the transition to teaching from business and 
     industry.
     Sec. 135. Local Uses of Funds
       (361) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (362a) The Senate bill specifies a coherent sequence of 
     courses, such as career pathways, while the House bill gives 
     specific mention to model sequences of courses.
     Senate recedes with amendment to read as follows:
     a coherent sequence of courses, such as career and technical 
     programs of study described in
       (362b) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (363) Similar provisions. The Senate bill includes 
     articulation agreements.
     House recedes with amendment to read as follows for notes 
         363-365:
       (2) link career and technical education at the secondary 
     level and career and technical education at the postsecondary 
     level, including by offering the relevant elements of not 
     less than one career and technical program of study described 
     in section 122(c)(1)(A).
       (364) The Senate bill requires that the elements of not 
     less than one career pathway be offered.
     House recedes with amendment to read as follows note 363.
       (365) The House bill requires model sequences of courses to 
     be offered.
     House recedes with amendment to read as follows note 363.
       (366) The House bill includes requirements for tech prep 
     activities under the required uses of funds. (The Senate 
     includes provisions for tech prep in Part D of the Act. See 
     note 412.)
     House recedes
       (367) Identical provisions.
     House and Senate recede with amendment to read as follows:
       (3) provide students with strong experience in and 
     understanding of all aspects of an industry, which may 
     include work-based learning experiences;
       (368a) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (368b) The House bill includes math and science education.
     Senate recedes with amendment to read as follows:
       (4) develop, improve, or expand the use of technology in 
     career and technical education, which may include--
       (369) The Senate bill deletes the reference to state-of-
     the-art technology.
     House recedes
       (370) The House bill includes providing students with the 
     academic and vocational and technical skills leading to entry 
     into high technology fields.
     Senate recedes with amendment to read as follows:
       (B) providing career and technical education students with 
     the academic and career and technical skills (including the 
     math and science knowledge that provides a strong basis for 
     such skills) that lead to entry into the technology fields; 
     or
       (C) encouraging schools to collaborate with technology 
     industries to offer voluntary internships and mentoring 
     programs, including programs that improve the mathematics and 
     science knowledge of students;
       (371) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (372) The Senate bill specifically includes faculty and 
     administrators.
     House and Senate recede with amendment to read as follows 
         note 377.
       (373) The Senate bill provides professional development for 
     individuals involved in integrated career and technical 
     education programs.
     House and Senate recede with amendment to read as follows 
         note 377.
       (374) The Senate bill deletes the reference to state-of-
     the-art programs and techniques.
     House recedes
       (375) The House bill includes the term rigorous and 
     requires effective teaching skills to be based on 
     scientifically based research.
     House and Senate recede with amendment to read as follows 
         note 377.
       (376) The House bill includes training to ensure teachers 
     and personnel stay current with all aspects of industry while 
     the Senate bill requires support of programs that provide 
     information on all aspects of industry.
     Senate recedes
       (377) The House bill includes the use and application of 
     technology. The Senate bill includes the use of instructional 
     technology.
     House and Senate recede with amendment to read as follows for 
         notes 372-377:
       (5) provide professional development programs that are 
     consistent with section 122 to secondary and postsecondary 
     teachers, faculty, administrators, and career guidance and 
     academic counselors who are involved in integrated career and 
     technical education programs, including--
       (A) in-service and preservice training on--
       (i) effective integration and use of challenging academic 
     and career and technical education provided jointly with 
     academic teachers to the extent practicable;

[[Page H5806]]

       (ii) effective teaching skills based on research that 
     includes promising practices;
       (iii) effective practices to improve parental and community 
     involvement; and
       (iv) effective use of scientifically based research and 
     data to improve instruction;
       (B) support of education programs for teachers of career 
     and technical education in public schools and other public 
     school personnel who are involved in the direct delivery of 
     educational services to career and technical education 
     students, to ensure that such teachers and personnel stay 
     current with all aspects of an industry;
       (C) internship programs that provide relevant business 
     experience; and
       (D) programs designed to train teachers specifically in the 
     effective use and application of technology to improve 
     instruction;
       (378) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (379) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       The Senate bill includes the phrase ``including relevant 
     technology.''
     House recedes
       (380) Identical provisions.
     Legislative Counsel: similar or identical provision
       (381) Similar provisions. The Senate bill includes high 
     demand occupations.
     Senate recedes with amendment to read as follows:
       (9) provide activities to prepare special populations, 
     including single parents and displaced homemakers who are 
     enrolled in career and technical education programs, for high 
     skill, high wage, or high demand occupations that will lead 
     to self-sufficiency.
       (382) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (383) The Senate bill permits funds to be used for 
     counseling that is based on current labor market indicators.
     House recedes with amendment to read as follows:
       (2) to provide career guidance and academic counseling, 
     which may include information described in section 118, for 
     students participating in career and technical education 
     programs that--
       (A) improves graduation rates and provides information on 
     postsecondary and career options, including baccalaureate 
     degree programs, for secondary students, which activities may 
     include the use of graduation and career plans; and
       (B) provides assistance for postsecondary students, 
     including for adult students who are changing careers or 
     updating skills;
       Report Language: A graduation and career plan is a written 
     plan for a secondary career and technical education student 
     that: is developed with career guidance and academic 
     counseling or other professional staff, in consultation with 
     parents, not later than in the first year of secondary school 
     or upon enrollment in career and technical education; is 
     reviewed annually and modified as needed; includes relevant 
     information on secondary school requirements for graduating 
     with a diploma, postsecondary education admission 
     requirements and high skill, high wage, or high demand 
     occupations and non-traditional fields in current and 
     emerging professions and labor market indicators; states the 
     student's secondary school graduation goals, postsecondary 
     education and training or employment goals; and identifies 
     one or more career pathways that correspond to the goals.
       (384) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (385) The Senate bill permits funds to be used for 
     counseling that improves graduation rates.
       House recedes (see note 383)
       (386) The Senate bill expands the use of funds to establish 
     partnerships with eligible recipients and businesses, local 
     workforce investment boards, or economic development 
     entities. The Senate bill also provides for adjunct faculty 
     arrangements and industry experience for teachers and 
     faculty.
     House and Senate recede with amendment to read as follows:
       (3) for local education and business (including small 
     business) partnerships, including for--
       (A) work-related experiences for students, such as 
     internships, cooperative education, school-based enterprises, 
     entrepreneurship, and job shadowing that are related to 
     career and technical education programs;
       (B) adjunct faculty arrangements for qualified industry 
     professionals; and
       (C) industry experience for teachers and faculty;
       (387) Identical provisions.
     Legislative Counsel: similar or identical provision
       (388) The House bill provides for qualified industry 
     professionals to serve as postsecondary faculty.
     House recedes (per note 386)
       (389) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (390) Identical provisions.
     Legislative Counsel: similar or identical provision
       (391) The Senate bill, but not the House, provides for 
     funds to support library resources.
     Senate recedes with amendment to read as follows:
       (7) for leasing, purchasing, upgrading or adapting 
     equipment, including instructional aids and publications 
     (including support for library resources) designed to 
     strengthen and support academic and technical skill 
     achievement;
       (392) The House bill refers to instructional aids. The 
     Senate bill refers to instructional equipment.
     Senate recedes with amendment to read as follows note 391.
       (393) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (394) The Senate bill, but not the House, includes times 
     and formats that are convenient and accessible for working 
     students.
     House recedes with amendment to read as follows:
       (9) to develop and expand postsecondary program offerings 
     at times and in formats that are accessible for students 
     (including working students) including through the use of 
     distance education;
       (395) The Senate bill refers to ``working students.''
     House recedes with amendment to read as follows note 394.
       (396) No similar provision is included in H.R. 366.
     House recedes
       (397) S. 250 includes entrepreneurship in (11).
     Senate recedes
       (398) The House bill, but not the Senate, includes the 
     development of model sequences of courses for consideration 
     by the eligible agency and courses that prepare individuals 
     academically and technically for 250.
     Senate recedes with amendment to read as follows:
       (12) for improving or developing new career and technical 
     education courses including development of new proposed 
     career and technical programs of study for consideration by 
     the eligible agency and courses that prepare individuals 
     academically and technically for high skill, high wage, or 
     high demand occupations and dual or concurrent enrollment 
     opportunities by which career and technical education 
     students at the secondary level could obtain postsecondary 
     credit to count towards an associate or baccalaureate degree;
       (399) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (400) The Senate bill refers to career pathways. The House 
     bill refers to model sequences of courses.
     Senate recedes with amendment to read as follows:
     career and technical programs of study
       (401) No similar provision is included in H.R. 366.
     House recedes
       (402) Identical provisions.
     Legislative Counsel: similar or identical provision
       (403) The Senate bill changes the term ``vocational'' to 
     ``career'' and includes upgrading technical skills.
     House recedes
       (404) The Senate bill, but not the House, includes 
     continuing education or training through collaboration with 
     the State workforce investment system.
     House recedes with amendment to read as follows:
       (16) to provide assistance to individuals who have 
     participated in services and activities under this Act in 
     continuing their education or training or finding an 
     appropriate job, such as through referral to the system 
     established under section 121 of Public Law 105-220 (29 
     U.S.C. 2801 et seq.);
       (405) The Senate bill refers to ``individuals.'' The House 
     bill refers to ``students.''
     Senate recedes
       (406) The Senate bill, but not the House, includes 
     mentoring and outreach.
     Senate recedes with amendment to read as follows:
       (17) to support training and activities (such as mentoring 
     and outreach) in non-traditional fields;
       (407) No similar provision is included in S. 250.
     House recedes
       Report Language: The Conferees recognize that special 
     populations, including single parents and displaced 
     homemakers, may need direct assistance to be able to 
     participate successfully in career and technical education. 
     These supportive services include such services as 
     transportation, child care, dependent care, tuition, books, 
     and supplies and other services necessary to enable an 
     individual to participate in career and technical education 
     activities. Consistent with administrative guidance and prior 
     interpretations of the Perkins Act, the Conferees believe 
     that eligible agencies and eligible recipients should retain 
     the flexibility to provide direct assistance to special 
     populations under certain, limited conditions.
       In providing direct assistance, recipients of the 
     assistance must be individuals who are members of special 
     populations who are participating in career and technical 
     education

[[Page H5807]]

     activities that are consistent with the goals and purposes of 
     the Perkins Act. Funds must be used to supplement, not 
     supplant, assistance that is otherwise available from non-
     Federal sources, and assistance may only be provided to an 
     individual to the extent that it is needed to address 
     barriers to the individual's successful participation in 
     career and technical education.
       (408) No similar provision is included in S. 250.
     House recedes
       (409) No similar provision is included in S. 250.
     Senate recedes with amendment to read as follows:
       (18) to provide support for training programs in automotive 
     technologies;
       Report Language: In an acknowledgement of the expanding 
     role of technology in numerous career and technical 
     occupations, the conference report allows, as a permissive 
     use of local funds, support for training programs in 
     automotive technologies such as diesel retrofitting, hybrid, 
     hydrogen, and alternative fuel.
       (410) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
     House and Senate recede with amendment to read as follows: 
         (tied to notes 80 and 313)
       (19) to pool a portion of such funds with a portion of 
     funds available to not less than 1 other eligible recipient 
     for innovative initiatives, which may include--
       (A) improving the initial preparation and professional 
     development of career and technical education teachers, 
     faculty, administrators, and counselors;
       (B) establishing, enhancing, or supporting systems for--
       (i) accountability data collection under this Act; or
       (ii) reporting data under this Act;
       (C) implementing career and technical programs of study 
     described in section 122(c)(1)(A); or
       (D) implementing technical assessments; and
       (20) to support other career and technical education 
     activities that are consistent with the purpose of this Act.
       (411) Identical provisions.
     Legislative Counsel: similar or identical provision
                     TITLE II--TECH PREP EDUCATION
       (412) The House bill, but not the Senate bill, repeals the 
     tech prep program.
     House and Senate recede with amendment to read as follows:

     SEC. 201. STATE ALLOTMENT AND APPLICATION.

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

     SEC. 202. CONSOLIDATION OF FUNDS.

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

     SEC. 203. TECH PREP PROGRAM.

       (a) Grant Program Authorized.--
       (1) In general.--From amounts made available to each 
     eligible agency under section 201, the eligible agency, in 
     accordance with the provisions of this title, shall award 
     grants, on a competitive basis or on the basis of a formula 
     determined by the eligible agency, for tech prep programs 
     described in subsection (c). The grants shall be awarded to 
     consortia between or among--
       (A) a local educational agency, an intermediate educational 
     agency, educational service agency, or area career and 
     technical education school, serving secondary school 
     students, or a secondary school funded by the Bureau of 
     Indian Affairs; and
       (B)(i) a nonprofit institution of higher education that--
       (I)(aa) offers a 2-year associate degree program, or a 2-
     year certificate program; and
       (bb) is qualified as an institution of higher education 
     pursuant to section 102 of the Higher Education Act of 1965, 
     including--

       (AA) an institution receiving assistance under the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801 et seq.); and
       (BB) a tribally controlled postsecondary career and 
     technical institution; or

       (II) offers a 2-year apprenticeship program that follows 
     secondary education instruction, if such nonprofit 
     institution of higher education is not prohibited from 
     receiving assistance under part B of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1071 et seq.) pursuant to 
     the provisions of section 435(a)(2) 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, if such proprietary 
     institution of higher education is not subject to a default 
     management plan required by the Secretary.
       (2) Special rule.--In addition, a consortium described in 
     paragraph (1) may include 1 or more--
       (A) institutions of higher education that award a 
     baccalaureate degree; and
       (B) employers (including small businesses), business 
     intermediaries or labor organizations;
       (b) Duration.--Each consortium receiving a grant under this 
     title shall use amounts provided under the grant to develop 
     and operate a 4- or 6-year tech prep education program 
     described in subsection (c).
       (c) Contents of Tech Prep Program.--Each tech prep program 
     shall--
       (1) be carried out under an articulation agreement between 
     the participants in the consortium;
       (2) consist of a program of study that--
       (A) combines--
       (i) at a minimum 2 years of secondary education (as 
     determined under State law); with--
       (ii)(I) a minimum of 2 years of postsecondary education in 
     a nonduplicative, sequential course of study; or
       (II) an apprenticeship program of not less than 2 years 
     following secondary education instruction; and
       (B) integrates academic and career and technical education 
     instruction, and utilizes work-based and worksite learning 
     experiences where appropriate and available;
       (C) provides technical preparation in a career field, 
     including high skill, high wage, or high demand occupations;
       (D) builds student competence in technical skills and in 
     core academic subjects (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965), as 
     appropriate, through applied, contextual, and integrated 
     instruction, in a coherent sequence of courses;
       (E) leads to technical skill proficiency, an industry-
     recognized credential, a certificate, or a degree, in a 
     specific career field;
       (F) leads to placement in high skill or high wage 
     employment, or to further education; and
       (G) utilizes career and technical education programs of 
     study, to the extent practicable;
       (3) include the development of tech prep programs for both 
     secondary and postsecondary, including consortium, 
     participants in the consortium that--
       (A) meet academic standards developed by the State;
       (B) link secondary schools and 2-year postsecondary 
     institutions, and if possible and practicable, 4-year 
     institutions of higher education through--
       (i) nonduplicative sequences of courses in career fields;
       (ii) the use of articulation agreements; and
       (iii) the investigation of opportunities for tech prep 
     secondary education students to enroll concurrently in 
     secondary and postsecondary coursework;
       (C) use, if appropriate and available, work-based or 
     worksite learning experiences in conjunction with business 
     and all aspects of an industry; and
       (D) use educational technology and distance learning, as 
     appropriate, to involve all the consortium partners more 
     fully in the development and operation of programs;
       (4) include in-service professional development for 
     teachers, faculty and administrators that--
       (A) supports effective implementation of tech prep 
     programs;
       (B) supports joint training in the tech prep consortium;
       (C) supports the needs, expectations, and methods of 
     business and all aspects of an industry;
       (D) supports the use of contextual and applied curricula, 
     instruction, and assessment;
       (E) supports the use and application of technology; and
       (F) assists in accessing and utilizing data, information 
     available pursuant to section 118, and information on student 
     achievement, including assessments;
       (5) include professional development programs for 
     counselors designed to enable counselors to more 
     effectively--
       (A) provide information to students regarding tech prep 
     education programs;
       (B) support student progress in completing tech prep 
     programs, which may include the use of graduation and career 
     plans;
       (C) provide information on related employment 
     opportunities;
       (D) ensure that students are placed in appropriate 
     employment or further postsecondary education;
       (E) stay current with the needs, expectations, and methods 
     of business and all aspects of an industry; and
       (F) provide comprehensive career guidance and academic 
     counseling to participating students, including special 
     populations;
       (6) provide equal access, to the full range of technical 
     preparation programs (including preapprenticeship programs), 
     to individuals who are members of special populations, 
     including the development of tech prep program services 
     appropriate to the needs of special populations;
       (7) provide for preparatory services that assist 
     participants in tech prep programs; and
       (8) coordinate with activities conducted under title I.

[[Page H5808]]

       (d) Additional Authorized Activities.--Each tech prep 
     program may--
       (1) provide for the acquisition of tech prep program 
     equipment;
       (2) acquire technical assistance from State or local 
     entities that have designed, established, and operated tech 
     prep programs that have effectively used educational 
     technology and distance learning in the delivery of curricula 
     and services;
       (3) establish articulation agreements with institutions of 
     higher education, labor organizations, or businesses located 
     inside or outside the State and served by the consortium, 
     especially with regard to using distance learning and 
     educational technology to provide for the delivery of 
     services and programs;
       (4) improve career guidance and academic counseling for 
     participating students through the development and 
     implementation of graduation and career plans; and
       (5) develop curriculum that supports effective transitions 
     between secondary and postsecondary career and technical 
     education programs.
       (e) Performance Indicators and Accountability.--
       (1) In general.--Each consortium shall establish and report 
     to the eligible agency indicators of performance for each 
     tech prep program for which the consortium receives a grant 
     under this title. The indicators of performance shall include 
     the following:
       (A) The number of secondary education and postsecondary 
     education tech prep students served.
       (B) The number and percent of secondary education tech prep 
     students enrolled in the tech prep program who--
       (i) enroll in postsecondary education;
       (ii) enroll in postsecondary education in the same field or 
     major as the secondary education tech prep students were 
     enrolled at the secondary level;
       (iii) complete a State or industry-recognized certification 
     or licensure;
       (iv) successfully complete, as a secondary school student, 
     courses that award postsecondary credit at the secondary 
     level; and
       (v) enroll in remedial mathematics, writing, or reading 
     courses upon entering postsecondary education.
       (C) The number and percent of postsecondary education tech 
     prep students who--
       (i) are placed in a related field of employment not later 
     than 12 months after graduation from the tech prep program;
       (ii) complete a State or industry-recognized certification 
     or licensure;
       (iii) complete a two-year degree or certificate program 
     within the normal time for completion of such program;
       (iv) complete a baccalaureate degree program within the 
     normal time for completion of such program.
       (2) Number and percent.--For purposes of subparagraphs (B) 
     and (C) of paragraph (1), the numbers and percentages shall 
     be determined separately with respect to each clause of each 
     subparagraph.

     SEC. 204. CONSORTIUM APPLICATIONS.

       (a) In General.--Each consortium that desires to receive a 
     grant under this title shall submit an application to the 
     eligible agency at such time and in such manner as the 
     eligible agency shall prescribe.
       (b) Plan.--Each application submitted under this section 
     shall contain a 6-year plan for the development and 
     implementation of tech prep programs under this title, which 
     plan shall be reviewed after the second year of the plan.
       (c) Approval.--The eligible agency shall approve 
     applications under this title based on the potential of the 
     activities described in the application to create an 
     effective tech prep program.
       (d) Special Consideration.--The eligible agency, as 
     appropriate, shall give special consideration to applications 
     that--
       (1) provide for effective employment placement activities 
     or the transfer of students to baccalaureate or advanced 
     degree programs;
       (2) are developed in consultation with business, industry, 
     institutions of higher education, and labor organizations;
       (3) address effectively the issues of school dropout 
     prevention and reentry, and the needs of special populations;
       (4) provide education and training in an area or skill, 
     including an emerging technology, in which there is a 
     significant workforce shortage based on the data provided by 
     the eligible entity in the State under section 118;
       (5) demonstrate how tech prep programs will help students 
     meet high academic and employability competencies; and
       (6) demonstrate success in, or provide assurances of, 
     coordination and integration with eligible recipients 
     described in part C of title I.
       (e) Performance Measures.--
       (1) In general.--Each consortium receiving a grant under 
     this title shall enter into an agreement with the eligible 
     agency to meet a minimum level of performance for each of the 
     performance indicators described in sections 113(b) and 
     203(e).
       (2) Resubmission of application; termination of funds.--An 
     eligible agency--
       (A) shall require consortia that do not meet the 
     performance levels described in paragraph (1) for 3 
     consecutive years to resubmit an application to the eligible 
     agency for a tech prep grant.
       (B) may choose to terminate the funding for the tech prep 
     program for a consortium that does not meet the performance 
     levels described in paragraph (1) for 3 consecutive years, 
     including when the grants are made on the basis of a formula 
     determined by the eligible agency.
       (f) Equitable Distribution of Assistance.--In awarding 
     grants under this title, the eligible agency shall ensure an 
     equitable distribution of assistance between or among urban 
     and rural participants in the consortium.

     SEC. 205. REPORT.

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

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

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

               PART A--FEDERAL ADMINISTRATIVE PROVISIONS

     Sec. 311. Fiscal requirements
       (413) Identical provisions.
     Legislative Counsel: similar or identical provision
       (414) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (415) The Senate bill, but not the House, shifts the 
     maintenance of effort to a three year rolling average.
     Senate recedes
       Report Language: The conferees intend that the provisions 
     described in section 211(b) be implemented in a manner that 
     does not impose undue hardship on states as a function of how 
     they administer and fund career and technical education 
     programs.
       (416) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
       (417) The House bill, but not the Senate, defines 
     ``preceding fiscal year.''
     House recedes
     Sec. 312. Authority to make payments
       (418) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 313. Construction
       (419) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 314. Voluntary selection and participation
       (420) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
     Sec. 315. Limitation for certain students
       (421) The Senate bill changes the term ``vocational'' to 
     ``career.''
     House recedes
     Sec. 316. Federal laws guaranteeing civil rights
       (422) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 317. Participation of private school personnel and 
         children
       (423) The House bill, but not the Senate bill, includes 
     provisions for the participation of private school children. 
     The Senate bill retains and modifies the current law section 
     on the participation of private school personnel. The House 
     bill also incorporates participation of private school 
     personnel into the new participation of private school 
     children language.
     House and Senate recede with amendment to read as follows:

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

       (a) Personnel.--An eligible agency or eligible recipient 
     that uses funds under this Act for in-service and preservice 
     career and technical education professional development 
     programs for career and technical education teachers, 
     administrators, and other personnel shall, to the extent 
     practicable, upon written request, permit the participation 
     in such programs of career and technical education secondary 
     teachers, administrators, and other personnel in nonprofit 
     private schools offering career and technical secondary 
     education programs located in the geographical area served by 
     such agency or recipient.
       (b) Student Participation.--
       (1) Student participation.--Except as prohibited by State 
     or local law, an eligible recipient may, upon written 
     request, use funds made available under this Act to provide 
     for the meaningful participation, in career and technical 
     education programs and activities receiving funding under 
     this Act, of secondary school students attending nonprofit 
     private schools who reside in the geographical area served by 
     the eligible recipient.
       (2) Consultation.--An eligible recipient shall consult, 
     upon written request, in a timely and meaningful manner with 
     representatives of nonprofit private schools in the 
     geographic area served by such recipient under paragraph (1) 
     regarding the meaningful participation, in career and 
     technical education programs and activities receiving funding 
     under this Act, of secondary school students attending 
     nonprofit private schools.
       Report Language: The Conferees do not intend for the 
     language in Sec. 217 (a) to preclude an eligible agency or 
     eligible recipient from offering professional development 
     programs to nonprofit private school personnel on their own 
     initiative, without a written request from the nonprofit 
     private school personnel.

                PART B--STATE ADMINISTRATIVE PROVISIONS

     Sec. 321. Joint funding
       (424) Identical provisions.
     Legislative Counsel: similar or identical provision
       (425) Identical provisions.
     Legislative Counsel: similar or identical provision
       (426) Identical provisions.

[[Page H5809]]

     Legislative Counsel: similar or identical provision
     Sec. 322. Prohibition on use of funds to induce out-of-State 
         relocation of businesses
       (427) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 323. State administrative costs
       (428) Identical provisions.
     Legislative Counsel: similar or identical provision
       (429) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 324. Limitation on federal regulations
       (430) Identical provisions.
     Legislative Counsel: similar or identical provision
     Sec. 325. Student assistance and other federal programs
       (431) Identical provisions.
     Legislative Counsel: similar or identical provision
       (432) The Senate bill changes ``vocational'' to ``career.''
     House recedes

     Howard P. ``Buck'' McKeon,
     Mike Castle,
     Mark Souder,
     Tom Osborne,
     Marilyn Musgrave,
     George Miller,
     Lynn Woolsey,
     Ron Kind,
                                Managers on the Part of the House.

     Michael B. Enzi,
     Judd Gregg,
     William H. Frist,
     Lamar Alexander,
     Richard M. Burr,
     Johnny Isakson,
     Mike DeWine,
     John Ensign,
     Orrin Hatch,
     Jeff Sessions,
     Pat Roberts,
     Ted Kennedy,
     Tom Harkin,
     Barbara A. Mikulski,
     Patty Murray,
     Jack Reed,
     Hillary Rodham Clinton,
     Managers on the Part of the Senate.

                          ____________________