Page:United States Statutes at Large Volume 120.djvu/773

 120 STAT. 742

PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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. 20 USC 2375.

‘‘SEC. 205. REPORT.

‘‘Each eligible agency that receives an allotment under this title annually shall prepare and submit to the Secretary a report on the effectiveness of the tech prep programs assisted under this title, including a description of how grants were awarded within the State. 20 USC 2376.

‘‘SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

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

‘‘TITLE III—GENERAL PROVISIONS ‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS 20 USC 2391.

‘‘SEC. 311. FISCAL REQUIREMENTS.

‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made available under this Act for career and technical education activities shall supplement, and shall not supplant, non-Federal funds expended to carry out career and technical education activities and tech prep program activities.

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