[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 683

Public Law 109-270
109th Congress

An Act


 
To amend the Carl D. Perkins Vocational and Technical Education Act of
1998 to improve the Act.  NOTE: Aug. 12, 2006 -  [S. 250]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress  NOTE: Carl D. Perkins Career and
Technical Education Improvement Act of 2006. 20 USC 2301
note.  assembled,

SECTION 1. SHORT TITLE; AMENDMENT.

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

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

``(a)  NOTE: 20 USC 2301 note.  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.

[[Page 684]]
120 STAT. 684

``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.  NOTE: 20 USC 2301.  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

[[Page 685]]
120 STAT. 685

and training programs, the knowledge and skills needed to keep
the United States competitive.

``SEC. 3.  NOTE: 20 USC 2302.  DEFINITIONS.

``Unless otherwise specified, in this Act:
``(1) Administration.--The term `administration', when used
with respect to an eligible agency or eligible recipient, means
activities necessary for the proper and efficient performance of
the eligible agency or eligible recipient's duties under this
Act, including the supervision of such activities. Such term
does not include curriculum development activities, personnel
development, or research activities.
``(2) All aspects of an industry.--The term `all aspects of
an industry' means strong experience in, and comprehensive
understanding of, the industry that the individual is preparing
to enter, including information as described in section 118.
``(3) Area career and technical education school.--The term
`area career and technical education school' means--
``(A) a specialized public secondary school used
exclusively or principally for the provision of career
and technical education to individuals who are available
for study in preparation for entering the labor market;
``(B) the department of a public secondary school
exclusively or principally used for providing career and
technical education in not fewer than 5 different
occupational fields to individuals who are available for
study in preparation for entering the labor market;
``(C) a public or nonprofit technical institution or
career and technical education school used exclusively
or principally for the provision of career and technical
education to individuals who have completed or left
secondary school and who are available for study in
preparation for entering the labor market, if the
institution or school admits, as regular students,
individuals who have completed secondary school and
individuals who have left secondary school; or
``(D) the department or division of an institution
of higher education, that operates under the policies of
the eligible agency and that provides career and
technical education in not fewer than 5 different
occupational fields leading to immediate employment but
not necessarily leading to a baccalaureate degree, if
the department or division admits, as regular students,
both individuals who have completed secondary school and
individuals who have left secondary school.
``(4) Articulation agreement.--The term `articulation
agreement' means a written commitment--
``(A) that is agreed upon at the State level or
approved annually by the lead administrators of--
``(i) a secondary institution and a
postsecondary educational institution; or
``(ii) a subbaccalaureate degree granting
postsecondary educational institution and a
baccalaureate degree granting postsecondary
educational institution; and
``(B) to a program that is--

[[Page 686]]
120 STAT. 686

``(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

[[Page 687]]
120 STAT. 687

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--

[[Page 688]]
120 STAT. 688

``(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

[[Page 689]]
120 STAT. 689

``(B) has enrolled in the postsecondary education
component of a tech prep program at an institution of
higher education described in clause (i) or (ii) of
section 203(a)(1)(B).
``(24) School dropout.--The term `school dropout' means an
individual who is no longer attending any school and who has not
received a secondary school diploma or its recognized
equivalent.
``(25) Scientifically based research.--The term
`scientifically based research' means research that is carried
out using scientifically based research standards, as defined in
section 102 of the Education Sciences Reform Act of 2002 (20
U.S.C. 9501).
``(26) Secondary education tech prep student.--The term
`secondary education tech prep student' means a secondary
education student who has enrolled in 2 courses in the secondary
education component of a tech prep program.
``(27) Secondary school.--The term `secondary school' has
the meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965.
``(28) Secretary.--The term `Secretary' means the Secretary
of Education.
``(29) Special populations.--The term `special populations'
means--
``(A) individuals with disabilities;
``(B) individuals from economically disadvantaged
families, including foster children;
``(C) individuals preparing for non-traditional
fields;
``(D) single parents, including single pregnant
women;
``(E) displaced homemakers; and
``(F) individuals with limited English proficiency.
``(30) State.--The term `State', unless otherwise specified,
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
outlying area.
``(31) Support services.--The term `support services' means
services related to curriculum modification, equipment
modification, classroom modification, supportive personnel, and
instructional aids and devices.
``(32) Tech prep program.--The term `tech prep program'
means a tech prep program described in section 203(c).
``(33) Tribally controlled college or university.--The term
`tribally controlled college or university' has the meaning
given the term in section 2(a) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801(a)).
``(34) Tribally controlled postsecondary career and
technical institution.--The term `tribally controlled
postsecondary career and technical institution' means an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965, except that subsection (a)(2)
of such section shall not be applicable and the reference to
Secretary in subsection (a)(5) of such section shall be deemed
to refer to the Secretary of the Interior) that--
``(A) is formally controlled, or has been formally
sanctioned or chartered, by the governing body of an
Indian tribe or Indian tribes;

[[Page 690]]
120 STAT. 690

``(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.  NOTE: 20 USC 2303.  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.  NOTE: 20 USC 2304.  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.  NOTE: 20 USC 2305.  LIMITATION.

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

``SEC. 7.  NOTE: 20 USC 2306.  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.  NOTE: 20 USC 2306a.  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

[[Page 691]]
120 STAT. 691

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.  NOTE: 20 USC 2307.  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.  NOTE: 20 USC 2321.  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

[[Page 692]]
120 STAT. 692

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

[[Page 693]]
120 STAT. 693

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--



`
`
(
A
A
)

t
h
e

q
u
a
l
i
f
y
i
n
g

S
t
a
t
e
'
s

r
a
t
i
o

d
e
s
c
r
i
b
e
d

i
n

s
u
b
p
a
r
a
g
r
a
p
h

(
C
)

f
o
r

t
h
e

f
i
s
c
a
l

y
e
a
r

f
o
r

w
h
i
c
h

t
h
e

d
e
t
e
r
m
i
n
a
t
i
o
n

i
s

m
a
d
e
;

d
i
v
i
d
e
d

b
y





`
`
(
B
B
)

t
h
e

s
u
m

o
f

a
l
l

s
u
c
h

r
a
t
i
o
s

f
o
r

a
l
l

q
u
a
l
i
f
y
i
n
g

S
t
a
t
e
s

f
o
r

t
h
e

f
i
s
c
a
l

y
e
a
r

f
o
r

w
h
i
c
h

t
h
e

d
e
t
e
r
m
i
n
a
t
i
o
n

i
s

m
a
d
e
 


``(C) Ratio.--For purposes of subparagraph
(B)(ii)(II)(bb)(AA), the ratio for a qualifying State
for a fiscal year shall be 1.00 less the quotient of--
``(i) the amount the qualifying State was
allotted under paragraph (2) for fiscal year 2006
(as such paragraph was in effect on the day before
the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act of
2006); divided by
``(ii) \1/2\ of 1 percent of the amount
appropriated under section 9 and not reserved
under paragraph (1) for the fiscal year for which
the determination is made.
``(D) Definitions.--In this paragraph:
``(i) Additional funds.--The term `additional
funds' means the amount by which--
``(I) the sum appropriated under
section 9 and not reserved under
paragraph (1) for a fiscal year; exceeds
``(II) the sum of--
``(aa) the amount allotted
under paragraph (2) for fiscal
year 2006 (as such paragraph (2)
was in effect on the day before
the date of enactment of the
Carl D. Perkins Career and
Technical Education Improvement
Act of 2006);
``(bb) the amount reserved
under paragraph (1)(C) for
fiscal year 2006 (as such
paragraph (1)(C) was so in
effect); and
``(cc) $827,671.
``(ii) Qualifying state.--The term `qualifying
State' means a State (except the United States
Virgin

[[Page 694]]
120 STAT. 694

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.  NOTE: Regulations.  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

[[Page 695]]
120 STAT. 695

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.  NOTE: 20 USC 2322.  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.

[[Page 696]]
120 STAT. 696

``SEC. 113.  NOTE: 20 USC 2323.  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).

[[Page 697]]
120 STAT. 697

``(v) Student placement in postsecondary
education or advanced training, in military
service, or in employment.
``(vi) Student participation in and completion
of career and technical education programs that
lead to non-traditional fields.
``(B) Core indicators of performance for career and
technical education students at the postsecondary
level.--Each eligible agency shall identify in the State
plan core indicators of performance for career and
technical education students at the postsecondary level
that are valid and reliable, and that include, at a
minimum, measures of each of the following:
``(i) Student attainment of challenging career
and technical skill proficiencies, including
student achievement on technical assessments, that
are aligned with industry-recognized standards, if
available and appropriate.
``(ii) Student attainment of an industry-
recognized credential, a certificate, or a degree.
``(iii) Student retention in postsecondary
education or transfer to a baccalaureate degree
program.
``(iv) Student placement in military service
or apprenticeship programs or placement or
retention in employment, including placement in
high skill, high wage, or high demand occupations
or professions.
``(v) Student participation in, and completion
of, career and technical education programs that
lead to employment in non-traditional fields.
``(C) Additional indicators of performance.--An
eligible agency, with input from eligible recipients,
may identify in the State plan additional indicators of
performance for career and technical education
activities authorized under this title, such as
attainment of self-sufficiency.
``(D) Existing indicators.--If a State has
developed, prior to the date of enactment of the Carl D.
Perkins Career and Technical Education Improvement Act
of 2006, State career and technical education
performance measures that meet the requirements of this
section (as amended by such Act), the State may use such
performance measures to measure the progress of career
and technical education students.
``(E) State role.--Indicators of performance
described in this paragraph shall be established solely
by each eligible agency with input from eligible
recipients.
``(F) Alignment of performance indicators.--In the
course of developing core indicators of performance and
additional indicators of performance, an eligible agency
shall, to the greatest extent possible, align the
indicators so that substantially similar information
gathered for other State and Federal programs, or for
any other purpose, is used to meet the requirements of
this section.
``(3) State levels of performance.--
``(A) State adjusted levels of performance for core
indicators of performance.--
``(i) In general.--Each eligible agency, with
input from eligible recipients, shall establish in
the State

[[Page 698]]
120 STAT. 698

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

[[Page 699]]
120 STAT. 699

``(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  NOTE: Criteria.  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.

[[Page 700]]
120 STAT. 700

``(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.  NOTE: Criteria.  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

[[Page 701]]
120 STAT. 701

``(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  NOTE: Public
information.  report described in clause (i)
shall be made available to the public through a
variety of formats, including electronically
through the Internet.

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

[[Page 702]]
120 STAT. 702

``(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.  NOTE: 20 USC 2324.  NATIONAL ACTIVITIES.

``(a) Program Performance Information.--
``(1) In general.--The  NOTE: Reports.  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  NOTE: Reports.  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

[[Page 703]]
120 STAT. 703

``(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;

[[Page 704]]
120 STAT. 704

``(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

[[Page 705]]
120 STAT. 705

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  NOTE: Grants. Contracts. Establishment.  amounts
made available under subsection (e), the Secretary,
after consulting with the States, shall award a grant,
contract, or cooperative agreement, on a competitive
basis, to an institution of higher education, a public
or private nonprofit organization or agency, or a
consortium of such institutions, organizations, or
agencies to establish a national research center--
``(i) to carry out scientifically based
research and evaluation for the purpose of
developing, improving, and identifying the most
successful methods for addressing the education,
employment, and training needs of participants,
including special populations, in career and
technical education programs, including research
and evaluation in such activities as--
``(I) the integration of--
``(aa) career and technical
instruction; and
``(bb) academic, secondary
and postsecondary instruction;
``(II) education technology and
distance learning approaches and
strategies that are effective with
respect to career and technical
education;
``(III) State adjusted levels of
performance and State levels of
performance that serve to improve career
and technical education programs and
student achievement;
``(IV) academic knowledge and career
and technical skills required for
employment or participation in
postsecondary education; and
``(V) preparation for occupations in
high skill, high wage, or high demand
business and industry, including
examination of--
``(aa) collaboration between
career and technical education
programs and business and
industry; and
``(bb) academic and
technical skills required for a
regional or sectoral workforce,
including small business;
``(ii) to carry out scientifically based
research and evaluation to increase the
effectiveness and improve the implementation of
career and technical education programs that are
integrated with coherent and rigorous content
aligned with challenging academic standards,
including conducting research and development, and
studies, that provide longitudinal information or
formative evaluation with respect to career and
technical education programs and student
achievement;
``(iii) to carry out scientifically based
research and evaluation that can be used to
improve the preparation and professional
development of teachers, faculty, and
administrators, and to improve student learning in

[[Page 706]]
120 STAT. 706

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.  NOTE: Grants. 20 USC 2325.  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

[[Page 707]]
120 STAT. 707

``(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.  NOTE: 20 USC 2326.  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

[[Page 708]]
120 STAT. 708

section 7207 of the Native Hawaiian Education Act (20 U.S.C.
7517).

``(b) Program Authorized.--
``(1) Authority.--From  NOTE: Grants. Contracts.  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  NOTE: Plan.  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

[[Page 709]]
120 STAT. 709

this subsection may apply individually or as part of a
consortium with another such Indian tribe, tribal organization,
or Bureau-funded school.

``(c) Authorized Activities.--
``(1) Authorized programs.--Funds made available under this
section shall be used to carry out career and technical
education programs consistent with the purpose of this Act.
``(2) Stipends.--
``(A) In general.--Funds received pursuant to grants
or contracts awarded under subsection (b) may be used to
provide stipends to students who are enrolled in career
and technical education programs and who have acute
economic needs which cannot be met through work-study
programs.
``(B) Amount.--Stipends described in subparagraph
(A) shall not exceed reasonable amounts as prescribed by
the Secretary.

``(d) Grant or Contract Application.--In order to receive a grant or
contract under this section, an organization, tribe, or entity described
in subsection (b) shall submit an application to the Secretary that
shall include an assurance that such organization, tribe, or entity
shall comply with the requirements of this section.
``(e) Restrictions and Special Considerations.--The Secretary may
not place upon grants awarded or contracts entered into under subsection
(b) any restrictions relating to programs other than restrictions that
apply to grants made to or contracts entered into with States pursuant
to allotments under section 111(a). The Secretary, in awarding grants
and entering into contracts under this section, shall ensure that the
grants and contracts will improve career and technical education
programs, and shall give special consideration to--
``(1) programs that involve, coordinate with, or encourage
tribal economic development plans; and
``(2) applications from tribally controlled colleges or
universities that--
``(A) are accredited or are candidates for
accreditation by a nationally recognized accreditation
organization as an institution of postsecondary career
and technical education; or
``(B) operate career and technical education
programs that are accredited or are candidates for
accreditation by a nationally recognized accreditation
organization, and issue certificates for completion of
career and technical education programs.

``(f) Consolidation of Funds.--Each organization, tribe, or entity
receiving assistance under this section may consolidate such assistance
with assistance received from related programs in accordance with the
provisions of the Indian Employment, Training and Related Services
Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
``(g) Nonduplicative and Nonexclusive Services.--Nothing in this
section shall be construed--
``(1) to limit the eligibility of any organization, tribe,
or entity described in subsection (b) to participate in any
activity offered by an eligible agency or eligible recipient
under this title; or

[[Page 710]]
120 STAT. 710

``(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  NOTE: Grants. Contracts.  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.  NOTE: 20 USC 2327.  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.

[[Page 711]]
120 STAT. 711

``(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

[[Page 712]]
120 STAT. 712

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

[[Page 713]]
120 STAT. 713

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.  NOTE: 20 USC 2328.  OCCUPATIONAL AND EMPLOYMENT
INFORMATION.

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

[[Page 714]]
120 STAT. 714

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).

[[Page 715]]
120 STAT. 715

``(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.  NOTE: 20 USC 2341.  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.  NOTE: 20 USC 2342.  STATE PLAN.

``(a) State Plan.--

[[Page 716]]
120 STAT. 716

``(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

[[Page 717]]
120 STAT. 717

participate in State and local decisions that relate to
development of the State plan.

``(c) Plan Contents.--The State plan shall include information
that--
``(1) describes the career and technical education
activities to be assisted that are designed to meet or exceed
the State adjusted levels of performance, including a
description of--
``(A) the career and technical programs of study,
which may be adopted by local educational agencies and
postsecondary institutions to be offered as an option to
students (and their parents as appropriate) when
planning for and completing future coursework, for
career and technical content areas that--
``(i) incorporate secondary education and
postsecondary education elements;
``(ii) include coherent and rigorous content
aligned with challenging academic standards and
relevant career and technical content in a
coordinated, nonduplicative progression of courses
that align secondary education with postsecondary
education to adequately prepare students to
succeed in postsecondary education;
``(iii) may include the opportunity for
secondary education students to participate in
dual or concurrent enrollment programs or other
ways to acquire postsecondary education credits;
and
``(iv) lead to an industry-recognized
credential or certificate at the postsecondary
level, or an associate or baccalaureate degree;
``(B) how the eligible agency, in consultation with
eligible recipients, will develop and implement the
career and technical programs of study described in
subparagraph (A);
``(C) how the eligible agency will support eligible
recipients in developing and implementing articulation
agreements between secondary education and postsecondary
education institutions;
``(D) how the eligible agency will make available
information about career and technical programs of study
offered by eligible recipients;
``(E) the secondary and postsecondary career and
technical education programs to be carried out,
including programs that will be carried out by the
eligible agency to develop, improve, and expand access
to appropriate technology in career and technical
education programs;
``(F) the criteria that will be used by the eligible
agency to approve eligible recipients for funds under
this Act, including criteria to assess the extent to
which the local plan will--
``(i) promote continuous improvement in
academic achievement;
``(ii) promote continuous improvement of
technical skill attainment; and
``(iii) identify and address current or
emerging occupational opportunities;
``(G) how programs at the secondary level will
prepare career and technical education students,
including special

[[Page 718]]
120 STAT. 718

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;

[[Page 719]]
120 STAT. 719

``(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

[[Page 720]]
120 STAT. 720

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;

[[Page 721]]
120 STAT. 721

``(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.  NOTE: 20 USC 2343.  IMPROVEMENT PLANS.

``(a) State Program Improvement.--

[[Page 722]]
120 STAT. 722

``(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

[[Page 723]]
120 STAT. 723

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.  NOTE: 20 USC 2344.  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--

[[Page 724]]
120 STAT. 724

``(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

[[Page 725]]
120 STAT. 725

education curricula jointly with academic
teachers, to the extent practicable;
``(iii) develop a higher level of academic and
industry knowledge and skills in career and
technical education; and
``(iv) effectively use applied learning that
contributes to the academic and career and
technical knowledge of the student; and
``(E) are coordinated with the teacher certification
or licensing and professional development activities
that the State carries out under title II of the
Elementary and Secondary Education Act of 1965 and title
II of the Higher Education Act of 1965;
``(4) supporting career and technical education programs
that improve the academic and career and technical skills of
students participating in career and technical education
programs by strengthening the academic and career and technical
components of such career and technical education programs,
through the integration of coherent and relevant content aligned
with challenging academic standards and relevant career and
technical education, to ensure achievement in--
``(A) the core academic subjects (as defined in
section 9101 of the Elementary and Secondary Education
Act of 1965); and
``(B) career and technical education subjects;
``(5) providing preparation for non-traditional fields in
current and emerging professions, and other activities that
expose students, including special populations, to high skill,
high wage occupations;
``(6) supporting partnerships among local educational
agencies, institutions of higher education, adult education
providers, and, as appropriate, other entities, such as
employers, labor organizations, intermediaries, parents, and
local partnerships, to enable students to achieve State academic
standards, and career and technical skills, or complete career
and technical programs of study, as described in section
122(c)(1)(A);
``(7) serving individuals in State institutions, such as
State correctional institutions and institutions that serve
individuals with disabilities;
``(8) support for programs for special populations that lead
to high skill, high wage, or high demand occupations; and
``(9) technical assistance for eligible recipients.

``(c) Permissible Uses of Funds.--The leadership activities
described in subsection (a) may include--
``(1) improvement of career guidance and academic counseling
programs that assist students in making informed academic and
career and technical education decisions, including--
``(A) encouraging secondary and postsecondary
students to graduate with a diploma or degree; and
``(B) exposing students to high skill, high wage
occupations and non-traditional fields;
``(2) establishment of agreements, including articulation
agreements, between secondary school and postsecondary career
and technical education programs in order to provide
postsecondary education and training opportunities for students
participating in such career and technical education programs,
such as tech prep programs;

[[Page 726]]
120 STAT. 726

``(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);

[[Page 727]]
120 STAT. 727

``(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.  NOTE: 20 USC 2351.  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.

[[Page 728]]
120 STAT. 728

``(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

[[Page 729]]
120 STAT. 729

shall allocate funds to a local educational agency that serves
only elementary schools, but shall distribute such funds to the
local educational agency or regional educational agency that
provides secondary school services to secondary school students
in the same attendance area.
``(2) Special rule.--The amount to be allocated under
paragraph (1) to a local educational agency that has
jurisdiction only over secondary schools shall be determined
based on the number of students that entered such secondary
schools in the previous year from the elementary schools
involved.

``(e) Allocations to Area Career and Technical Education Schools and
Educational Service Agencies.--
``(1) In general.--Each eligible agency shall distribute the
portion of funds made available under section 112(a)(1) for any
fiscal year by such eligible agency for career and technical
education activities at the secondary level under this section
to the appropriate area career and technical education school or
educational service agency in any case in which the area career
and technical education school or educational service agency,
and the local educational agency concerned--
``(A) have formed or will form a consortium for the
purpose of receiving funds under this section; or
``(B) have entered into or will enter into a
cooperative arrangement for such purpose.
``(2) Allocation basis.--If an area career and technical
education school or educational service agency meets the
requirements of paragraph (1), then the amount that would
otherwise be distributed to the local educational agency shall
be allocated to the area career and technical education school,
the educational service agency, and the local educational agency
based on each school, agency or entity's relative share of
students who are attending career and technical education
programs (based, if practicable, on the average enrollment for
the preceding 3 years).
``(3) Appeals procedure.--The eligible agency shall
establish an appeals procedure for resolution of any dispute
arising between a local educational agency and an area career
and technical education school or an educational service agency
with respect to the allocation procedures described in this
section, including the decision of a local educational agency to
leave a consortium or terminate a cooperative arrangement.

``(f) Consortium Requirements.--
``(1) Alliance.--Any local educational agency receiving an
allocation that is not sufficient to conduct a program which
meets the requirements of section 135 is encouraged to--
``(A) form a consortium or enter into a cooperative
agreement with an area career and technical education
school or educational service agency offering programs
that meet the requirements of section 135;
``(B) transfer such allocation to the area career
and technical education school or educational service
agency; and
``(C) operate programs that are of sufficient size,
scope, and quality to be effective.
``(2) Funds to consortium.--Funds allocated to a consortium
formed to meet the requirements of this subsection shall be used
only for purposes and programs that are mutually

[[Page 730]]
120 STAT. 730

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.  NOTE: 20 USC 2352.  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.

[[Page 731]]
120 STAT. 731

``(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.  NOTE: 20 USC 2353.  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

[[Page 732]]
120 STAT. 732

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.  NOTE: 20 USC 2354.  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  NOTE: Requirements.  eligible agency shall
determine the requirements for local plans, except that each local plan
shall--
``(1) describe how the career and technical education
programs required under section 135(b) will be carried out with
funds received under this title;
``(2) describe how the career and technical education
activities will be carried out with respect to meeting State and
local adjusted levels of performance established under section
113;
``(3) describe how the eligible recipient will--
``(A) offer the appropriate courses of not less than
1 of the career and technical programs of study
described in section 122(c)(1)(A);
``(B) improve the academic and technical skills of
students participating in career and technical education
programs by strengthening the academic and career and
technical education components of such programs through
the integration of coherent and rigorous content aligned
with challenging academic standards and relevant career
and technical education programs to ensure learning in--
``(i) the core academic subjects (as defined
in section 9101 of the Elementary and Secondary
Education Act of 1965); and
``(ii) career and technical education
subjects;
``(C) provide students with strong experience in,
and understanding of, all aspects of an industry;

[[Page 733]]
120 STAT. 733

``(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,

[[Page 734]]
120 STAT. 734

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.  NOTE: 20 USC 2355.  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--

[[Page 735]]
120 STAT. 735

``(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--

[[Page 736]]
120 STAT. 736

``(A) work-related experiences for students, such as
internships, cooperative education, school-based
enterprises, entrepreneurship, and job shadowing that
are related to career and technical education programs;
``(B) adjunct faculty arrangements for qualified
industry professionals; and
``(C) industry experience for teachers and faculty;
``(4) to provide programs for special populations;
``(5) to assist career and technical student organizations;
``(6) for mentoring and support services;
``(7) for leasing, purchasing, upgrading or adapting
equipment, including instructional aids and publications
(including support for library resources) designed to strengthen
and support academic and technical skill achievement;
``(8) for teacher preparation programs that address the
integration of academic and career and technical education and
that assist individuals who are interested in becoming career
and technical education teachers and faculty, including
individuals with experience in business and industry;
``(9) to develop and expand postsecondary program offerings
at times and in formats that are accessible for students,
including working students, including through the use of
distance education;
``(10) to develop initiatives that facilitate the transition
of subbaccalaureate career and technical education students into
baccalaureate degree programs, including--
``(A) articulation agreements between sub-
baccalaureate degree granting career and technical
education postsecondary educational institutions and
baccalaureate degree granting postsecondary educational
institutions;
``(B) postsecondary dual and concurrent enrollment
programs;
``(C) academic and financial aid counseling for sub-
baccalaureate career and technical education students
that informs the students of the opportunities for
pursuing a baccalaureate degree and advises the students
on how to meet any transfer requirements; and
``(D) other initiatives--
``(i) to encourage the pursuit of a
baccalaureate degree; and
``(ii) to overcome barriers to enrollment in
and completion of baccalaureate degree programs,
including geographic and other barriers affecting
rural students and special populations;
``(11) to provide activities to support entrepreneurship
education and training;
``(12) for improving or developing new career and technical
education courses, including the development of new proposed
career and technical programs of study for consideration by the
eligible agency and courses that prepare individuals
academically and technically for high skill, high wage, or high
demand occupations and dual or concurrent enrollment
opportunities by which career and technical education students
at the secondary level could obtain postsecondary credit to
count towards an associate or baccalaureate degree;
``(13) to develop and support small, personalized career-
themed learning communities;

[[Page 737]]
120 STAT. 737

``(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.  NOTE: 20 USC 2371.  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.

[[Page 738]]
120 STAT. 738

``SEC. 202.  NOTE: 20 USC 2372.  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.  NOTE: 20 USC 2373.  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

[[Page 739]]
120 STAT. 739

``(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;

[[Page 740]]
120 STAT. 740

``(4) include in-service professional development for
teachers, faculty, and administrators that--
``(A) supports effective implementation of tech prep
programs;
``(B) supports joint training in the tech prep
consortium;
``(C) supports the needs, expectations, and methods
of business and all aspects of an industry;
``(D) supports the use of contextual and applied
curricula, instruction, and assessment;
``(E) supports the use and application of
technology; and
``(F) assists in accessing and utilizing data,
information available pursuant to section 118, and
information on student achievement, including
assessments;
``(5) include professional development programs for
counselors designed to enable counselors to more effectively--
``(A) provide information to students regarding tech
prep programs;
``(B) support student progress in completing tech
prep programs, which may include the use of graduation
and career plans;
``(C) provide information on related employment
opportunities;
``(D) ensure that students are placed in appropriate
employment or further postsecondary education;
``(E) stay current with the needs, expectations, and
methods of business and all aspects of an industry; and
``(F) provide comprehensive career guidance and
academic counseling to participating students, including
special populations;
``(6) provide equal access, to the full range of technical
preparation programs (including preapprenticeship programs), to
individuals who are members of special populations, including
the development of tech prep program services appropriate to the
needs of special populations;
``(7) provide for preparatory services that assist
participants in tech prep programs; and
``(8) coordinate with activities conducted under title I.

``(d) Additional Authorized Activities.--Each tech prep program
may--
``(1) provide for the acquisition of tech prep program
equipment;
``(2) acquire technical assistance from State or local
entities that have designed, established, and operated tech prep
programs that have effectively used educational technology and
distance learning in the delivery of curricula and services;
``(3) establish articulation agreements with institutions of
higher education, labor organizations, or businesses located
inside or outside the State and served by the consortium,
especially with regard to using distance learning and
educational technology to provide for the delivery of services
and programs;
``(4) improve career guidance and academic counseling for
participating students through the development and
implementation of graduation and career plans; and
``(5) develop curriculum that supports effective transitions
between secondary and postsecondary career and technical
education programs.

[[Page 741]]
120 STAT. 741

``(e) Indicators of Performance and Accountability.--
``(1) In general.--Each  NOTE: Reports.  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.  NOTE: 20 USC 2374.  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;

[[Page 742]]
120 STAT. 742

``(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.  NOTE: 20 USC 2375.  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.  NOTE: 20 USC 2376.  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.  NOTE: 20 USC 2391.  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.

[[Page 743]]
120 STAT. 743

``(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.  NOTE: 20 USC 2392.  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.  NOTE: 20 USC 2393.  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.  NOTE: 20 USC 2394.  VOLUNTARY SELECTION AND
PARTICIPATION.

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

[[Page 744]]
120 STAT. 744

``(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.  NOTE: 20 USC 2395.  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.  NOTE: 20 USC 2396.  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.  NOTE: 20 USC 2397.  PARTICIPATION OF PRIVATE SCHOOL
PERSONNEL AND CHILDREN.

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

``SEC. 318.  NOTE: 20 USC 2398.  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.

[[Page 745]]
120 STAT. 745

``PART B--STATE ADMINISTRATIVE PROVISIONS

``SEC. 321.  NOTE: 20 USC 2411.  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.  NOTE: 20 USC 2412.  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.  NOTE: 20 USC 2413.  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.

[[Page 746]]
120 STAT. 746

``SEC. 324.  NOTE: 20 USC 2414.  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

[[Page 747]]
120 STAT. 747

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'';

[[Page 748]]
120 STAT. 748

(4) in section 112(b)(8)(A)(iii) (29 U.S.C.
2822(b)(8)(A)(iii))--
(A) by striking ``postsecondary vocational education
activities'' and inserting ``career and technical
education activities at the postsecondary level''; and
(B) by striking ``Carl D. Perkins Vocational and
Applied Technology Education Act'' and inserting ``Carl
D. Perkins Career and Technical Education Act of 2006'';
(5) in section 121(b)(1)(B)(vii) (29 U.S.C.
2841(b)(1)(B)(vii))--
(A) by striking ``postsecondary vocational education
activities'' and inserting ``career and technical
education activities at the postsecondary level''; and
(B) by striking ``Carl D. Perkins Vocational and
Applied Technology Education Act'' and inserting ``Carl
D. Perkins Career and Technical Education Act of 2006'';
(6) in section 134(d)(2)(F) (29 U.S.C. 2864(d)(2)(F)), by
striking ``postsecondary vocational'' and all that follows
through ``Education Act'' and inserting ``career and technical
education activities at the postsecondary level, and career and
technical education activities available to school dropouts,
under the Carl D. Perkins Career and Technical Education Act of
2006'';
(7) in section 501(b)(2)(A) (20 U.S.C. 9271(b)(2)(A))--
(A) by striking ``secondary vocational education
programs'' and inserting ``career and technical
education programs at the secondary level''; and
(B) by striking ``Carl D. Perkins Vocational and
Applied Technology Education Act'' and inserting ``Carl
D. Perkins Career and Technical Education Act of 2006'';
(8) in section 501(b)(2)(B) (20 U.S.C. 9271(b)(2)(B))--
(A) by striking ``postsecondary vocational education
programs'' and inserting ``career and technical
education programs at the postsecondary level''; and
(B) by striking ``Carl D. Perkins Vocational and
Applied Technology Education Act'' and inserting ``Carl
D. Perkins Career and Technical Education Act of 2006'';
and
(9) in section 501(d)(2)(B) (20 U.S.C. 9271(d)(2)(B)), by
striking ``Carl D. Perkins Vocational and Applied Technology
Education Act'' and inserting ``Carl D. Perkins Career and
Technical Education Act of 2006''.

(i) Title 31.--Section 6703(a)(12) of title 31, United States Code,
is amended by striking ``Carl D. Perkins Vocational and Applied
Technology Education Act'' and inserting ``Carl D. Perkins Career and
Technical Education Act of 2006''.
(j) Title 40.--Section 14507(a)(1)(A)(iv) of title 40, United States
Code, is amended by striking ``Carl D. Perkins Vocational and Technical
Education Act of 1998'' and inserting ``Carl D. Perkins Career and
Technical Education Act of 2006''.
(k) Older Americans Act of 1965.--The Older Americans Act of 1965
(42 U.S.C. 3001 et seq.) is amended--
(1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)),
by striking ``Carl D. Perkins Vocational and Technical Education
Act of 1998'' and inserting ``Carl D. Perkins Career and
Technical Education Act of 2006'';
(2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), by
striking ``Carl D. Perkins Vocational and Technical Education
Act of 1998'' each place that term appears and inserting ``Carl
D. Perkins Career and Technical Education Act of 2006''; and

[[Page 749]]
120 STAT. 749

(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''.

Approved August 12, 2006.

LEGISLATIVE HISTORY--S. 250 (H.R. 366):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-25 accompanying H.R. 366 (Comm. on Education and
the Workforce) and 109-597 (Comm. of Conference).
SENATE REPORTS: No. 109-65 (Comm. on Health, Education, Labor, and
Pensions).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Mar. 10, considered and passed
Senate.
Vol. 152 (2006):
July 12, considered and passed
House, amended, in lieu of H.R.
366.
July 26, Senate agreed to conference
report.
July 27, 28, House considered and
agreed to conference report.