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94th Congress ~ JOINT COMMITTEE PRINT
1st Session
A COMPILATION OF FEDERAL
EDUCATION LAWS
As Amended Through December 31, 1974
PREPARED FOR THE USE OF THE
HOUSE COMMITTEE ON
EDUCATION AND LABOR
AND THE
SENATE COMMITTEE ON
LABOR AND PUBLIC WELFARE
w
FEBRUARY 1975
Printed for the use of the House Committee on Education and Labor and the
Senate Committee on Labor and Public Welfare
U.S. GOVERNMENT PRINTING OFFICE
44-078 0 WASHINGTON : 1975
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COMMITTEE ON EDUCATION AND LABOR
CARL D. PERKINS, Kentucky, Chairman
FRANK THOMPSON, Ja., New Jersey
JOHN H. DENT, Pennsylvania
DOMINICK V. DANIELS, New Jersey
JOHN BRADEMAS, Indiana
JAMES G. O'HARA, Michigan
AUGUSTUS F. HAWKINS, California
WILLIAM D. FORD, Michigan
PATSY T. MINK, Hawaii (on leave)
LLOYD MEEDS, Washington
PHILLIP BURTON, California
JOSEPH M. GAYDOS, Pennsylvania
WILLIAM "BILL" CLAY, Missouri
SHIRLEY CHISIIOLM, New York
MARIO BIAGGI, New York
IKE ANDREWS, North Carolina
WILLIAM LEHMAN, Florida
JAIME BENITEZ, Puerto Rico
MICHAEL BLOUIN, Iowa
ROBERT CORNELL, Wisconsin
TED RISENHOOVER, Oklahoma
PAUL SIMON, Illinois
EDWARD BEARD, Rhode Island
LEO ZEFERETTI, New York
GEORGE MILLER, California
RONALD MOTTL, Ohio
TIM HALL, Illinois
ALBERT H. QUIE, Minnesota
JOHN M. ASHBROOK, Ohio
ALPHONZO BELL, California
JOHN N. ERLENBORN, Illinois
MARVIN L. ESCH, Michigan
EDWIN D. ESHLEMAN, Pennsylvania
PETER A. PEYSER, New York
RONALD A. SARASIN, Connecticut
JOHN BUCHANAN, Alabama
JAMES ~ JEFFORDS, Vermont
LARRY PRESSLER, South Dakota
WILLIAM F. GOODLING, Pennsylvania
VIRGINIA SMITH, Nebraska
COMMITTEE ON LABOR AND PUBLIC WELFARE
HARRISON A. WILLIAMS, Ja., New Jersey, Chairman
JENNINGS RANDOLPH, West Virginia JACOB K. JAVITS, New York
CLAIBORNE PELL, Rhode Island RICHARD S. SCHWEIKER, Pennsylvauia
EDWARD M. KENNEDY, Massachusetts ROBERT TAFT, JR., Ohio
GAYLORD NELSON, Wisconsin J. GLENN BEALL, JR., Maryland
WALTER F. MONDALE, Minnesota ROBERT T. STAFFORD, Vermont
THOMAS F. EAGLETON, Missouri PAUL LAXALT, Nevada
ALAN CRANSTON, California
WILLIAM D. HATHAWAY, Maine
DoNALD ELISBURG, General Counsel
MAInrORIE M. WHITTAKER, Chief Clerk
JAY B. CUTLER, Minority Counsel
SUBCOMMITTEE ON EDUCATION
CLAIBORNE PELL, Rhode Island, Chairman
JENNINGS RANDOLPH, West Virginia J. GLENN BEALL, JR.. Maryland
HARRISON A. WILLIAMS, JR., New Jersey JACOB K. JAVITS, New York
EDWARD M. KENNEDY, Massachusetts RICHARD S. SWEIKER, Pennsylvania
WALTER F. MONDALE, Minnesota ROBERT T. STAFFORD, Vermont
THOMAS F. EAGLETON, Missouri ROBERT TAFT, JR., Ohio
ALAN CRANSTON, California
WILLIAM D. HATHAWAY, Maine
STEPHEN J. WEXLER, Counsel
RICHARD D. SnITH, Associate Counsel
GREGORY FusCO, Minority Professional Staff Member
(II)
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ALPHABETICAL TABLE OF STATUTES
Page
Adult Education Act - 583
Agricultural Trade Development and Assistance Act of 1954 557
Alcohol and Drug Abuse Education Act 464
Bankhead-Jones Act 442
Child Nutrition Act of 1966 656
Civil Rights Act of 1964 37
Title TV-Desegregation of Public Educatiom 37
Title VT-Nondiscrimination in Federally Assisted Programs 40
Clubs for Boys and Girls Interested in Science 254
Cooperative Research Act (Public Law 531, 83rd Cong.), as Amended~ 443
Educational Television Broadcasting Facilities 593
Grants for Noncommercial Educational Broadcasting 593
Education Amendments of 1972 41
Title VTTT-General Provisions Relating to the Assignment or Trans-
portation of Students 41
Title TX-Prohibition of Sex Discrimination 43
Education Amendments of 1974 48
Title IT-Equal Education Opportunities and the Transportation
of Students 48
Title VTT-Reading Improvement 469
Education of the Handicapped Act 605
Education Professions Development Act 358
Eisenhower College, Grants to 703
Elementary and Secondary Education Act:
Title I-Financial Assistance to Local Educational Agencies for
Education of Children from Low-Income Families 57
Title TI-School Library Resources, Textbooks, and Other Instruc-
tional Materials 85
Title ITT-Supplementary Educational Centers and Services; Guid-
ance, Counseling, and Testing 89
Title TV-Libraries, Learning Resources, Educational Tnnovation,
and Support 103
Title V-Grants to Strengthen State Departments of Education 113
Title VIT-Bilingual Education Programs 128
Title VITT-General Provisions 138
Title TX-Ethnic Heritage Program 148
Elementary and Secondary Education Amendments of 1966 46
Elementary and Secondary Education Amendments of 1969 47
Ellender, Allen J., Fellowship Program 699
Emergency Insured Student Loan Act of 1969 434
Emergency School Aid Act 154
Environmental Education Act 459
Foreign Assistance Act of 1961 573
Future Farmers of America 255
Gallaudet College 630
General Education Provisions Act 1
Higher Education Act of 1965:
Title I-Community Service and Continuing Education Programs~ - 260
Title TI-College Library Assistance and Library Training and
Research 268
Title ITT-Strengthening Developing Institutions 274
Title TV-Student Assistance 279
Title V-Education Professions Development 358
Title VT-Financial Assistance for the Improvement of Under-
graduate Instruction 379
(III)
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TV
Higher Education Act of 1965-Continued Page
Title VIT-Construction of Academic Facilities 386
Title VITI-Networks for Knowledge 404
Title IX-Graudate Programs 405
Title X-Community Colleges and Occupational Education 415
Title XI-Law School Clinical Experience Programs 429
Title XII-General Provisions 430
Higher Education Amendments of 1968 433
Hoover, Herbert MemoriaL 701
Immigration and Nationality Act, the 575
Impact Aid (Public Law 874 and Public Law 815) 80, 184, 220
Indian Education Act 150
International Education Act of 1966 543
Kendall School 635
Land-Grant Colleges 436
Library Services and Construction Act, the 527
Title I-Library Services 534
Title IT-Public Library Construction 536
Title TIT-Interlibrary Cooperation 537
Migration and Refugee Assistance Act of 1962 577
Model Secondary School for the Deaf 628
Morrifi Act First 436
Morrifi Act Second 439
Mutual Educational and Cultural Exchange Act of 1961 563
National Commission on Librarires and Information Sciences Act 539
National Defense Education Act of 1958 ~46
Title I-General Provisions 546
Title Ill-Financial Assistance for Strengthening Instruction in
Science, Mathematics, Modern Foreign Languages, and Other
Critical Subjects 241
Title V-Guidance, Counseling, and Testing; Identification and
Encouragement of Able Students 247
Title VI-Language Development 549
Title X-Miscellaneous Provisions 551
National Foundation on the Arts and the Humanities Act of 1965 670
National School Lunch Act 640
National Science Foundation Act of 1950 682
National Sea Grant College and Program Actof 1966 63~
National Technical Institute for the Deaf 62o
ParticipationinUNESCO. 019
Public Law 480, Agricultural Trade Development and Assistance Act of -
1954 o~7
Public Law 815, 81st Congress, School Construction in Areas Affected by
FederalActivities 220
Public Law 874, 81st Congress, Financial Assistance for Local Educational
Agencies in Areas Affected by Federal Activity 184
Title ITT-GeneraL 184
School Assistance in Federally Affected Areas (Public Law 874) 184
Title I-Financial Assistance for Local Educational Agencies in Areas
Affected by Federal Activity 184
Title IT-Financial Assistance to Local Educational Agencies for
Education of Children of Low-Income Families (Title I of the
Elementary and Secondary Education Act of 1965) 211
Title ITT-Financial Assistance to Local Educational Agencies for the
Education of Indian Chuldren 211
Title TV-General 80
School Construction in Areas Affected by Federal Activities (Public Law 211
815) 220
Smith-Hughes Act 517
SpecialProjectsAct 446
Truman, Harry S. Memorial Scholarship Act 693
U.S. Information and Educational Exchange Act of 1948 o52
Title TI-Interchange of Persons, Knowledge, and Skills 5o3
Title ITT-Assignment of Specialists 503
Title TV-Participation by Government Agencies
Title VIT-Approprk~tion~ 550
TitleVIII-AdmjnistratjveProcedures 558
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V
Page
Vocational Education Act of 1917 (Smith-Hughes Act) 517
Vocational Education Act of 1963:
Titlel-VocationalEducation 481
Part A-General Provisions 481
Part B-State Vocational Education Programs~ 490
Part C-Research and Training in Vocational Education 498
Part D-Exemplary Programs and Projects 500
Part E-Residental Vocational Education 503
Part F-Consumer and Homemaking Education 506
Part 0-Cooperative Vocational Education Programs 507
Part H-Work-Study Programs for Vocational Education
Students 510
Part I-Curriculum Development in Vocational and Technical
Education 512
Part J-Bilingual Vocational Training 513
Vocational Education Amendmentsof 1968 516
Title I-Amendments to the Vocational Education Act of 1963 516
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CONTENTS
PART I-THE EDUCATION DIVISION
Page.
General Education Provisions Act 1
Civil Rights Act of 1964 37
Title IV-Desegregation of Public Education 37
Title VI-Nondiscrimination in Federally Assisted Programs 40
Education Amendments of 1972 41
Title VIlI-General Provisions Relating to the Assignment or Trans.-
portation of Students 41
Title IX-Prohibition of Sex Discrimination 43
Elementary and Secondary Education Amendments of 1966 46
Compliance with Civil Rights Act of 1964 - 46
Elementary and Secondary Education Amendments of 1969 47
Policy with Respect to the Application of Certain Provisions of
Federal Law 47
Education Amendments of 1974 48
Title Il-Equal Education Opportunities and the Transportation of
Students 48
PART 11-ELEMENTARY AND SECONDARY PROGRAMS
Elementary and Secondary Education Act of 1965, as Amended 57
Title I-Financial Assistance to Local Educational Agencies for the
Education of Children of Low-Income Families 57
Title IV (P.L. 874)-General 80
Title Il-School Library Resources, Textbooks, and Other Instruc-
tional Materials 85
Title Ill-Supplementary Educational Centers and Services; Guid-
ance, Counseling, and Testing 89
Title IV-Libraries, Learning Resources, Educational Innovation,
andSupport 103
Title V-Strengthening State and Local Educational Agencies 113
Title VII-Bilingual Education Programs 128
Title VIlI-General Provisions 138
Title IX-Ethnic Heritage Program 148
Indian Education Act 150
Emergency School Aid Act 154
Public Law 874, 81st Congress 184
Public Law 815, 81st Congress 220
National Defense Education Act 237
Title I-General Provisions 238
Title Ill-Financial Assistance for Strengthening Instruction in
Science, Mathematics, Modern Foreign Languages, and Other
Critical Subjects 241
Title V-Guidance, Counseling, and Testing; Identification and
Encouragement of Able Students 247
Title X-Miscellaneous Provisions 250
Clubs for Boys and Girls Interested in Science 254
Future Farmers of America 255
(VII)
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viii:
PART ITT-HIGHER EDUCATION PROGRAMS
Page
Higher Education Act of 1965 260
Title I-Community Service and Continuing Education Programs~ 260
Title TI-College Library Assistance and Library Training and
Research 268
Title ITT-Strengthening Developing institutions 274
Title IV-Student Assistance 279
Title V-Education Professions Development 358
Title VT-Financial Assistance for the Improvement of Under-
graduate Instruction 379
Title Vu-Construction of Academic Facilities 386
Title VITI-Networks for Knowledge 404
Title IX-Graduate Programs 405
Title X-Community Colleges and Occupational Education 415
Title XI-Law School Clinical Experience Programs 429
Title XII-General Provisions 430
Higher Education Amendments of 1968 433
Section 506-Duplication of Benefits 434
Section 507-Financial Aid to Students not to be Treated as income
or Resources under Certain Programs 434
Emergency Insured Student Loan Act of 1969 434
First Morrill Act 436
Second Morrill Act 439
Bankhead-Jones Act 442
Land-Grant Status for the Virgin Islands and Guam 443
PART TV-EDUCATIONAL, RESEARCH, EXPERIMENTATION, AND
NATIONAL EDUcATION PRIORITIES
Cooperative Research Act 443
Special Projects Act 446
Environmental Education Act 459
Alcohol and Drug Abuse Education Act 464
National Reading improvement Program 469
PART V-EDUCATIONAL PERSONNEL TRAINING PROGRAMS
Higher Education Act of 1965 479
Title V-Education Professions Development 479
PART VT-VoCATIoNAL EDUCATION PROGRAMS
Vocational Education Act of 1963, as Amended 481
Vocational Education Amendments of 1968 516
Section 104-Use of Funds Available under the Smith-Hughes Act - -- 517
Vocational Education Act of 1917 (Smith-Hughes Aot) 517
PART Vu-PUBLIC LIBRARY PROGRAMS
Library Services and Construction Act 527
National Commission on Libraries and Information Sciences Act 539
PART VIII-INTERNATI0NAL EDUCATION PRO GRAMS
International Education Act of 1966 543
National Defense Education Act of 1958 546
Title I-General Provisions 546
Title VT-Language Development 549
Title X-Miscellaneous Provisions 551
United States Information and Educational Exchange Act of 1948 552
Agricultural Trade Development and Assistance Act of 1954 (P.L. 480,
83d Congress) 557
Mutual Educational and Cultural Exchange Act of 1961 563
Foreign Assistance Act of 1961 573
Immigration and Nationality Act 575
Migration and Refugee Assistance Act of 1962 577
Participation in UNESCO ~579
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Ix
PART TX-EDUCATION AND TRAINING OF ADULTS
Page
Adult Education Act 583
Communications Act of 1934 593
Title III, Part IV 593
Grants for Noncommercial Educational Broadcasting Facilities;
Corporation for Public Broadcasting 593
PART X-EDUCATION AND TRAINING OF THE HANDICAPPED
Education of the Handicapped Act 605
National Technical Institute for the Deaf Act 625
Model Secondary School for the Deaf Act 628
Gallaudet College 630
Kendall School 635
APPENDIX-TEXT OF SELECTED STATUTES
National Sea Grant College and Program Act of 1966 637
National School Lunch Act 640
Child Nutrition Act of 1966 655
National Foundation on the Arts and the Humanities Act of 1965 670
National Science Foundation Act of 1950 682
Allen J. Ellender Fellowship Program 699
Harry S. Truman Memorial Scholarship Act 693
Herbert Hoover Memorial 701
Grants to Eisenhower College and the Samuel Rayburn Library 703
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PART I-THE EDUCATION DIVISION
GENERAL PROVISIONS CONCERNING EDUCATION1
SHORT TITLE; APPLICABILITY; DEFINITIONS; APPROPRIATIONS
SEC. 400. (a) This title may be cited as the "General Education Pro-
visions Act."
(b) Except where otherwise specified, the provisions of this title
shall apply to any program for which an administrative head of an
education agency has administrative responsibility as provided by law
or by delegation of authority pursuant to law.
(c) (1) For the purposes of this title, the term-
(A) "applicable program" means any program to which this
title is, under the terms of subsection (b), applicable;
(B) "applicable statute" means-
(i) the Act or the title, part or section of an Act, as the
case may be, which authorizes the appropriation for an appli-
cable program;
(ii) this title; and
(iii) any other statute which under its terms expressly
controls the administration of an applicable program;
(C) "Assistant Secretary" means the Assistant Secretary of
Health, Education, and Welfare for Education;
(D) "Commissioner" means the Commissioner of Education;
(E) "Director" means the Director of the National Institute
of Education; and
(F) "Secretary" means the Secretary of Health, Education,
and Welfare.
(2) Nothing in this title shall be construed to affect the applica-
bility of the Civil Rights Act of 1964 to any program subject to the
provisions of this title.
(3) No Act making appropriations to carry out an applicable pro-
gram shall be considered an applicable statute.
(d) Except as otherwise limited in this title, there are authorized
to be appropriated for any fiscal year such sums as may be necessary
to carry out the provisions of this title.
(e) (1) The aggregate of the appropriations to the agencies in the
Education Division and to the Office of the Assistant Secretary for
any fiscal year shall not exceed the limitations set forth for that fiscal
year in subparagraph (2).
(2) (A) Except as is provided in subparagraph (B), the appro-
priations to which paragraph (1) applies-
(i) shall not exceed $7,500,000,000 for the fiscal year ending
June 30, 1975, $8,000,000,000 for the fiscal year ending June 30,
1976, and $9,000,000,000 for the fiscal year ending June 30, 1977;
and
~ Title IV of P.L. 90-247 as amended by P.L. 91-2~30, P.L. 92-318 and P.L. 93-380.
(1)
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2
(ii) shall not exceed such amounts as may be authorized by
the law and limited by this subparagraph.
(B) The limitations set forth in subparagraph (A) shall not
apply-
(i) to uncontrollable expenditures under obligations created
under part B of title IV of the Higher Education Act of 1965,
parts C and P of title VII of such Act, and the Emergency
Insured Student Loan Act of 1969; and
(ii) to any other expenditure under an obligation determined
by the Commissioner pursuant to, or in accordance with, law to
be an uncontrollable expenditure of the Office of Education.
(20 U.S.C. 1221) Enacted Jan. 2, 1968, P.L. 90-247, Title IV, sec. 401, 81 Stat.
814; amended Oct. 16, 1968, P.L. 90-576, Title III, sec. 301(a), 82 Stat. 1094;
amended April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a) (2), 84 Stat. 164; re-
numbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 326; amended
August 21, 1974, P~L. 93-380, sec. 505(a) (1), 88 Stat. 561, 562.
PART A-EDUCATION DnTIsIoN OF THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
THE EDUCATION DIVISION
SEC. 401. (a) There shall be, within the Department of Health, Edu-
cation, and Welfare, an Education Division, composed of the agencies
listed in subsection (b), which shall be headed by the Assistant
Secretary.
(b)(1) The Education Division shall be composed of the following
agencies:
(A) The Office of Education; and
(B) The National Institute of Education.
(2) In the Office of the Assistant Secretary there shall be a National
Center for Education Statistics.
(20 U.S.C. 1221 (a) Enacted June 23, 1972, P.L. 92_:318, sec. 301 (a) (2), 86 Stat.
327; amended August 21, 1974, P.L. 93-380, sec. 504(a), 88 Stat. 501.
ASSISTANT SECRETARY FOR EDUCATION
SEC. 402. (a) There shall be in the Department of Health, Education,
and Welfare an Assistant Secretary for Education, who shall be ap-
pointed by the President by and with the advice and consent of the
Senate. The Assistant Secretary for Education shall be compensated
at the rate specified for level IV of the Executive Schedule under sec-
titon 5315 of title 5, United States Code.
(b) The Assistant Secretary shall be the principal officer in the De-
partment to whom the Secretary shall assign responsibility for the
direction and supervision of the Education Division.
(20 U.S.C. 1221b) Enacted June 23, 1972, P.L. 92-318, sec. 301 (a) (2). 86 Stat.
327; amended August 21, 1974, P.L. 93-380, sec. 501 (a) (2) (A), 88 Stat. 560.
THE OFFICE OF EDUCATION
SEC. 403. (a) There shall be an Office of Education (hereinafter
In this section referred to as the `Office') which shall be the primary
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agency of the Federal Government responsible for the administration
of programs of financial assistance to educational agencies, institutions,
and organizations. The Office shall have such responsibilities and au-
thorities as may be vested in the Commissioner by law or delegated
to the Commissioner in accordance with law.
(b) The Office shall be headed by the Commissioner of Education
who shall be appointed by the President, by and with the advice and
consent of the Senate, and who shall be subject to the direction and
supervision of the Secretary.
(c) (1) The Office shall, consistent with such organization thereof
which is provided by law, be divided into bureaus, and such bureaus
shall be divided into divisions as the Commissioner determines
appropriate.
(2) (A) There shall be regional offices of the Office established in
such places as the Commissioner, after consultation with the Assistant
Secretary, shall determine. Such regional offices shall carry out such
functions as are specified in subparagraph (B).
(B) The regional offices shall serve as centers for the dissemination
of information about the activities of the agencies in the Education
Division and provide technical assistance to State and local educa-
tional agencies, institutions of higher education, and other educational
agencies, institutions, and organizations and to indviduals and other
groups having an interest in Federal education activities.
(C) The Commissioner shall not delegate to any employee in any
regional office any function which was not carried out, in accordance
with regulations effective prior to June 1, 1973, by employees in such
offices unless the delegation of such function to employees in regional
offices is expressly authorized by law enacted after the enactment of
the Education Amendments of 1974.1
(3) The Commissioner shall submit to the Committee on Labor and
Public Welfare of the Senate and the Committee on Education and
Labor of the House of Representatives not later than November 1 of
each year a report on the personnel needs and assignments of the Office.
Such report shall include a description (A) of the manner in which
the Office is organized and the personnel of the Office are assigned to
the various functions of that agency and (B) of personnel needs of
that agency in order to enable it to carry out its functions, as au-
thorized by law.
(20 U.S.C. 1221c) Enacted June 23, 1972, P.L. 92-318, sec. 301(a) (2), 86 Stat.
321; amended August 21, 1974, P.L. 93-380, sec. 503(a), 88 Stat. 560, 561.
SUPPORT FOR IMPROVEMENT OF POSTSECONDARY EDUCATION
SEC. 404. (a) Subject to the provisions of subsection (b), the Sec-
retary is authorized to make grants to, and contracts with, institutions
of postsecondary education (including combinations of such institu-
tions) and other public and private educational institutions and agen-
cies (except that no grant shall be made to an educational institution
or agency other than a nonprofit institution or agency) to improve
1 Sec. 503(b) of P.L. 93-380 provides that the provisions of limitation set forth in this
subsection shall be retroactive to June 1, 1973.
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postsecondary educational opportunities by providing assistance to
such educational institutions and agencies for-
(1) encouraging the reform, innovation, and improvement of
postsecondary education, and providing equal educational oppor-
tunity for all;
(2) the creation of institutions and programs involving new
paths to career and professional training, and new combinations
of academic and experimental learning;
(3) the establishment of institutions and programs based on
the technology of communications;
(4) the carrying out in postsecondary educational institutions
of changes in internal structure and operations designed to clarify
institutional priorities and purposes;
(5) the design and introduction of cost-effective methods of in-
struction and operation;
(6) the introduction of institutional reforms designed to ex-
pand individual opportunities for entering and reentering insti-
tutions and pursuing programs of study tailored to individual
needs;
(7) the introduction of reforms in graduate education, in the
structure of academic professions, and in the recruitment and
retention of faculties; and
(8) the creation of new institutions and programs for examin-
ing and awarding credentials to individuals, and the introduction
of reforms in current institutional practices related thereto.
(b) No grant shall be made or contract entered into under sub-
section (a) for a project or program with a.ny institution of postsec-
ondary education unless it has been submitted to each appropriate
State Commission established under section 1202 of the Higher Educa-
tion Act of 1965, and an opportunity afforded such Commission to sub-
mit its comments and recommendations to the Secretary.
(c) For the purposes of this section, the authority granted to the
Commissioner in part D of this Act shall apply to the Secretary.
(d) The Secretary may appoint, for terms not to exceed three years,
without regard to the provisions of title 5 of the United States Code
governing appointments in the competitive service, not more than five
technical employees to administer this section who may be paid with-
out regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General Schedule
pay rates.
(e) There are authorized to be appropriated $10,000,000 for the fis-
cal year ending June 30, 1973, $50,000,000 for the fiscal year ending
June 30, 1974, and $75,000,000 for the fiscal year ending June 30,
1975, for the purposes of this section.
(20 U.S.C. 1221d) Enacted June 23, 1972, P.L. 92-318, sec. 301(a) (2), 86 Stat.
327.
NATIONAL INSTITUTE OF EDUCATION
SEC. 405. (a) (1) The Congress hereby declares it to be the policy of
the United States to provide to every person an equal opportunity to
receive an education of high quality regardless of his race, color, reli-
gion, sex, national origin, or sooial class~ Although the American
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educational system has pursued this objective, it has not yet attained
that objective. Inequalities of opportunity to receive high quality edu-
cation remain pronounced. To achieve quality will require far more
dependable knowledge about the processes of learning and education
than now exists or can be expected from present research and experi-
mentation in this field. While the direction of the education system
remains primarily the responsibility of State and local governments
the Federal Government has a clear responsibility to provide leader-
ship in the conduct and support of scientific inquiry into the educa-
tional process.
(2) The Congress further declares it to be the policy of the IJnited
States to-
(i) help to solve or to alleviate the problems of, and promote
the reform and renewal of American education;
(ii) advance the practice of education, as an art, science, and
profession;
(iii) strengthen the scientific and technological foundations of
education; and
(iv) build an effective educational research and development
system.
(b) (1) In order to carry out the policy set forth in subsection (a),
there is established the National Institute of Education (hereinafter
referred to as the "Institute") which shall consist of a National Coun-
cil on Educational Research (referred to in this section as the
"Council") and a Director of the Institute (hereinafter referred to
as the "Director"). The Institute shall have only such authority as
may be vested therein by this section.
(2) The Institute shall, in accordance with the provi~ions of this
section, seek to improve education, including career education, in the
United States through-
(A) helping to solve or to alleviate the problems of, and
achieve the objectives of American education;
(B) advancing the practice of education, as an art, science,
and profession;
(C) the strengthening of the scientific and technological foun-
dations of education; and
(D) building an effective educational research and develop-
ment system.
(c) (1) The Council shall consist of fifteen members appointed by
the President, by and with the advice and consent of the Senate, the
Director, arid such other ex officio members who are officers of the
United States as the President may designate. Eight members of the
Council (excluding ex officio members) shall constitute a quorum.
The Chairman of the Council shall be designated from among its
appointed members by the President. Ex officio members shall not
have a vote on the Council.
(2) The term of office of the members of the Council (other than
ex officio members) shall be three years, except that (A) the members
first taking office shall serve as designated by the President, five for
terms of three years, five for terms of two years, and five for terms of
one year, and (B) any member appointed to fill a vacancy shall serve
for the remainder of the term for which his predecessor was appointed~
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Any appointed member who has been a member of the Council for
six counsecutive years shall thereafter be ineligible for appointment to
the Council during the two-year period following the expiration of
such sixth year.
(3) The Council shall-
(A) establish general policies for, and review the conduct of,
the Institute;
(B) advise the Assistant Secretary and the Director of the
Institute on development of programs to be carried out by the
Institute;
(C) present to the Assistant Secretary and the Director such
recommendations as it may deem appropriate for the strengthen-
ing of educational research, the improvement of methods of col-
lecting and disseminating the findings of educational research and
of insuring the implementation of educational renewal and reform
based upon the findings of educational research;
(D) conduct such studies as may be necessary to fulfill its func-
tions under this section;
(E) prepare an annual report to the Assistant Secretary on the
current status and needs of educational research in the. United
States;
(F) submit an annual report to the President on the activities
of the Institute, and on education and educational research in
general, (i) which shall include such recommendations and com-
ments as the Council may deem appropriate, and (ii) shall be sub-
mitted to the Congress not later than March 31 of each year; and
(G) meet a.t the call of the Chairman, except that it shall meet
(i) a least four times during each fiscal year, or (ii) whenever
one-third of the members request in writing that a. meeting be held.
The Director shall make available to the Council such information and
assistance as may be necessary to enable the Council to carry out its
functions.
(d) (1) The Director of the Institute shall be appointed by the
President, by and with the advice a.nd consent of the Senate. The
Director shall be compensated at the rate provided for level V of the
Executive Schedule under section 5316 of title 5, United States Code,
and shall perform such duties and exercise suc.h powers and authori-
ties as the Council, subject to the general supervision of the Assistant
Secretary, may prescribe. The Director shall be responsible to the
Assistant Secretary and shall report to the Secretary through the
Assistant Secretary and not to or through any other officer of the Dc-
partinent of Health, Education, and Welfare. The Director shall not
delegate any of his functions to any other officer who is not directly
responsible to him.
(2). There shall be a Deputy Director of the Institute (referred to
in this section as the "Deputy Director") who shall be appointed by
the President and shall serve a.t the Pleasure of the President. The
Deputy Director shall be compensated at the rate provided for grade
18 of the General Schedule set forth in section 5332 of title 5. tTnited
States Code, and shall act for the Director during the absence or dis-
ability of the Director and exercise such powers and authorities ~s the
Director may prescribe. The position created by this paragraph shall
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7
be in addition to the number of positions placed in grade 18 of the
General Schedule under section 5108 of title 5, United States Code.
(e) (1) In order to carry out the objectives of the Institute, the
Director is authorized, through the Institute, to conduct educational
research; collect and disseminate the findings of educational research;
train individuals in educational research; assist and foster such re-
search; collection, dissemination, or training through grant, or tech-
nical assistance to, or jointly financed cooperative arrangements with,
public or private organizations, institutions, agencies, or individuals;
promote the coordination of such research and research support within
the Federal Government; and may construct or provide (by grant or
otherwise) for such facilities as he determines may be required to
accomplish such purposes. As used in this subsection, the term "educa-
tional research" includes research (basic and applied), planning, sur-
veys, evaluations, investigations, experiments, developments, and
demonstrations in the field of education (including career education).
(2) Not less than 90 per centum of the funds appropriated pursuant
to subsection (h) for any fiscal year shall be expended to carry out this
section through grants or contracts with qualified public or private
agencies and individuals.
(3) The Director may appoint, for terms not to exceed three years,
without regard to the provisions of title 5 of the United States Code
governing appointment in the competitive service and may compensate
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General Schedule
pay rates, such technical or professional employees of the Institute as
he deems necessary to accomplish its functions and also appoint and
compensate without regard to such provisions not to exceed one-fifth
of the number of full-time, regular technical or professional employees
of the Institute.
(g) Where funds are advanced for a single project by more than
one Federal agency for the purposes of this section, the National
Institute of Education may act for all in administering the funds
advanced.
(h) There are hereby authorized to be appropriated, without fiscal
year limitations, $550,000,000, in the aggregate, for the period begin-
ning July 1, 1972, and ending June 30, 1975, to carry out the functions
of the Institute. Sums so appropriated shall, notwithstanding any
other provision of law unless enacted in express limitation of this sub-
section, remain available for the purposes of this subsection until
expended.
(20 U.S.C. 1221e) Enacted June 23, 1972, P.L. 92-318, sec. 301(a) (2), 86 Stat.
328, 332; amended August 21, 1974, P.L. 93-380, sec. 502(b) (2) (B), 88 Stat. 560.
NATIONAL CENTER FOR EDUCATION STATISTICS
SEC. 406. (a) There is established, within the Office of the Assistant
Secretary, a National Center for Education Statistics (hereafter in
this section referred to as the `Center'). The Center shall be headed by
an Administrator who shall be appointed by the Assistant Secretary in
accordance with the provisions of title 5, United States Code, relating
to appointements in the competitive service.
44-078 0 - 75 - 2
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(b) The purpose of the Center shall be to collect and disseminate
statistics and other data related to education in the United States and
in other nations. The Center shall-
(1) collect, collate, and, from time to time, report full and
complete statistics on the conditions of education in the United
States;
(2) conduct and publish reports on specialized analyses of the
meaning and significance of such statistics;
(3) assist State and local educational agencies in improving
and automating their statistical and data collection activities; and
(4) review and report on educational activities in foreign
countries.
(c) (1) There shall be an Advisory Council on Education Statistics
which shall be composed of 7 members appointed by the Secretary
and such ex officio members as are listed in subparagraph (2). Not
more than 4 of the appointed members of the Council may be members
of the same political party.
(2) The ex officio members of the Council shall be-
(A) the Commissioner of Education,
(B) the Director of the National Institute of Education,
(C) the Director of the Census, and
(D) the Commissioner of Labor Statistics.
(3) Appointed members of the Council shall serve for terms of 3
years, as determined by the Secretary, except that in the case of ini-
tially appointed members of the Council. they shall serve for shorter
terms to the extent necessary that the terms of office of not more than
3 members expire in the same calendar year.
(4) The Assistant Secretary shall serve as the non-voting presiding
officer of the Council.
(5) (A) The Council shall meet at the call of the presiding officer,
except that it shall meet-
(i) at least four times during each calendar year; and
(ii) in addition, whenever three voting members request in
writing that the presiding officer call a meeting.
(B) Six members of the Council shall constitute a quorum of the
Council.
(6) The provisions of section 448(b) of part D of this title shall
not apply to the Council established under this subsection.
(7) The Council shall review general policies for the operation of
the Center and shall be responsible for establishing standards to insure
that statistics and analyses disseminated by the Center are of high
quality and are not subject to political influence.
(d) (1) The Assistant Secretary shall, not later than March 1 of
each year, submit to the Congress an annual report which-
(A) contains a description of the activities of the Center dur-
ing the then current fiscal year and a projection of its activities
during the succeeding fiscal year;
(B) sets forth estimates of the cost of the projected activities
for such succeeding fiscal year; and
(C) includes a statistical report on the condition of education
in the United States during the two preceding fiscal years and a
projection, for the three succeeding fiscal years~ of estimated sta-
tistics related to education in the United States.
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(2) The Center shall develop and enforce standards designed to
protect the confidentiality of persons iii the collection, reporting, and
publication of data under this section. This subparagraph shall not be
construed to protect the confidentlal1ty of information about institu-
tions, organizations, and agencies receiving grants from or having
contracts with the Federal Government.
(e) In order to carry out the objectives of the Center, the Assistant
Secretary is authorized, either directly or by grant or contract, to
carry out the purposes set forth in subsection (b), and for that pur-
pose the Assistant Secretary is authorized to make grants to, and con-
tracts with public and private institutions, agencies, organizations
and individuals.
(f) (1) (A) The Center is authorized to furnish transcripts or copies
of tables and other statistical records of the Office of Education,
the Assistant Secretary, and the National Institute of Education to,
and to make special statistical compilations and surveys for, State
or local officials, public and private organizations, or individuals. The
Center shall furnish such special statistical compilations and surveys
as the Committees on Labor and Public Welfare and on Appropria-
tions of the Senate and the Committees on Education and Labor and
on Appropriations of the House of Representatives may request. Such
statistical compilations and surveys, other than those carried out pur-
suant to the preceding sentence, shall be made subject to the payment
of the actual or estimated cost of such work. In the case of nonprofit
organizations or agencies, the Assistant Secretary may engage in joint
statistical projects, the cost of which shall be shared equitably as de-
termined by the Assistant Secretary: Provided, That the purposes of
such projects are otherwise authorized by law.
(B) All funds received in payment for work or services enumerated
under subparagraph (A) shall be deposited in a separate account
which may be used to pay directly the costs of such work or services,
to repay appropriations which initially bore all or part of such costs,
or to refund excess sums when necessary.
(2) (A) The Center shall participate with other Federal agencies
having a need for educational data in forming a consortium for the
purpose of providing direct joint access with such agencies to all ed-
ucational data received by the Center through automated data process-
ing. The Library of Congress, General Accounting Office, and the
Committees on Labor and Public Welfare and Appropriations of the
Senate and the Committees on Education and Labor and Appropria-
tions of the House of Representatives shall, for the purposes of this
subparagraph, be considered Federal agencies.
(B) The Center shall, in accordance with regulations published for
the purpose of this paragraph, provide all interested parties, includ-
ing public and private agencies and individuals, direct access to data
collected by the Center for purposes of research and acquiring statis-
tical information.
(3) The Commissioner and the National Institute of Education are
directed to cooperate with the Center and make such records and data
available to the Center as may be necessary to enable the Center to
carry out its functions under this subsection.
(g) (1) The amount available for salaries and expenses of the Cen-
ter shall not exceed $5,000,000 for the fiscal sear ending June 30. 1975,
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$10,000,000 for the fiscal year ending June 30, 1976, and $14,000,000
for the fiscal year ending June 30, 1977.
(2) The amount available for grants and contracts by the Assistant
Secretary under subsection (e) shall not exceed $20,000,000 for the
fiscal year ending June 30, 1975, $25,000,000 for the fiscal year ending
June 30, 1976, and $30,000,000 for the fiscal year ending Jime 30, 1977.
(3) Sums appropriated for activities and expenses of the Center
which are not limited by paragraph (2) of this subsection ~shall be
appropriated apart from appropriations which are so limited, as sep-
arate line items.
(20 U.S.C. 1221-1) enacted August 21, 1974, P.L. 93-380, sec. 501(a), 88 Stat.
556, 558.
RULES FOR EDUCATION OFFICERS OF THE UNITED STATES
SEC. 407. (a) For the purposes of this section, the term "education
officer of the United States" means any person appointed by the Presi-
dent pursuant to this part, except members of commissions, councils,
and boards.
(b) Each education officer of the United States shall serve at the
pleasure of the President.
(c) No education officer of the United States shall engage in any
other business, vocation, or employment while serving in the position
to which he is appointed; nor may he, except with the express ap-
proval of the President in writing, hold any office in, or act in any
capacity for, or have any thiancial interest in, any organization, agen-
cy, or institution to which an agency in the Education Division makes
a grant or with which any such agency makes a contract or any other
financial arrangement.
(d) No person shall hold, or act for, more than one position as an
education officer of the United States for more than a 30 day period.
(20 U.S.C. 1221e-2) enacted August 21, 1974, P.L. 93-380, sec. 502(a) (1), 88
Stat. 559.
GENERAL AUTHORITY OF ADMINISTRATIVE HEADS OF EDUCATION AGENCIES
SEC. 408. (a) Each administrative head of an education agency, in
order to carry out functions otherwise vested in him by law, is, subject
to limitations as may be otherwise imposed by law, authorized-
(1) to make, promulgate, issue, rescind, and amend rules and
regulations governing the manner of operation of the agency of
which he is head;
(2) in accordance with those provisions of title 5, United States
Code, relating to the appointment and compensation of personnel
and subject to such limitations as are imposed in this pa.rt, to ap-
point and compensate such personnel as may be necessary to en-
able such agency to carry out its functions;
(3) to accept unconditional gifts or donations of services,
money, or property (real, personal, or mixed; tangible or in-
tangible);
(4) without regard for section 3648 of the Revised Statutes of
the United States (31 U.S.C. 529), to enter into and perform such
ç~n~ract~3 ~, cooper~itiyc~ ~tgr eni~nt~, cr Qther ~ as
may be necessary for the conduct of such agency;
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1~1
(5) with funds expressly appropriated for such purpose, to
construct such facilities as may be necessary to carry out func-
tions vested in him or in the agency of which he is head, and to
acquire and dispose of property; and
(6) to use the services of other Federal agencies and reim-
burse such agencies for such services.
(b) Any administrative head of an education agency is, subject to
any other limitations on delegations of authority provided by law,
authorized to delegate any of his functions under this section to an
officer or employee of that agency.
(c) For the purposes of this section, the term `administrative head
of an education agency' means the Commissioner `and the Director of
the National Institute of Education. To the extent that the Assistant
Secretary is directly responsible for the administration of a program
and to the extent that the Assistant Secretary is responsible for the
supervision of the National Center for Education Statistics, the Assist-
ant Secretary shall, for such purposes, be considered within the mean-
ing of such term.
(20 U.S.C. 1221e-3) Enacted August 21, 1974, P.L. 93-380, sec. 502(a) (1), 88
Stat. 559, 560.
PART B-APPROPRIATIONS AND EVALUATIONS
Subpart I-Appropriations
ADVANCE FUNDING
SEC. 411. To the end of affording the responsible State, local, and
Federal officers concerned adequate notice of available Federal finan-
cial assistance `for education, appropriations for grants, contracts, or
other payments under any applicable program are authorized to be
included in the appropriation Act for the fiscal year preceding the
fiscal year for which they are available for obligation. In order to
effect a transition to this method of timing appropriation action, the
preceding sentence shall apply notwithstanding that its initial appli-
cation under such program will result in the enactment in the same
year (whether in the same appropriation Act or otherwise) of two
separate appropriations, one for the then current fiscal year and one
for the succeeding fiscal year.
(20 U.S.C. 1223) Enacted Jan. 2, 1968, P.L. 90-247, Title IV, sec. 403, 81 Stat.
814; amended April 13, 1970, P.L. 92-230. Title IV, sec. 401(a) (4), 84 Stat. 165;
renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 326; redesignated,
August 21, 1974, P.L. 93-380, sec. 506(a) (1) (C), 88 Stat. 562.
AVAILABILITY OF APPROPRIATIONS ON ACADEMIC OR SCHOOL YEAR BASIS
SEC. 412. (a) Appropriations for any fiscal year for grants, loans,
contracts, or other payments to educational agencies or institutions
under any applicable program may, in accordance with regulations of
the Secretary, be made available for expenditure by the agency or
institution concerned on the basis of an academic or school year differ-
ing from such fiscal year.
(b) Notwithstanding any other provision of law, unless enacted in
specific limitation of the provisions of this subsection, any funds from
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appropriations to carry out any programs to which this title is appli-
cable during any fiscal year, ending prior to July 1, 1978, which are
not obligated and expended by educational agencies or institutions
prior to the beginning of the fiscal year succeeding the fiscal year of
which such funds were appropriated shall remain available for obliga-
tion and expenditure by such agencies and institutions during such
succeeding fiscal year.
(c) If any funds appropriated to carry out any applicable pro-
gram are not obligated pursuant to a spending plan submitted in
accordance with section 3679 (d) (2) of the Revised Statutes and be-
come available for obligation after the institution of a judicial pro-
ceeding seeking the release of such funds, then such funds shall be
available for obligation and expenditure until the end of the fiscal year
which begins after the termination of such judicial proceeding.
(20 U.S.C. 1225) Enacted Jan. 2, 1968, P.L. 90-247, Title I, sec. 405 81 Stat. 815;
amended April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a) (5), (7), (8), 84 Stat.
165; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86 Stat. 326, re-
designated and amended, August 21, 1974, P.L. 93-380, sec. 506(a) (1), 88 Stat.
562, 563.
AVAILABILITY OF APPROPRIATIONS
SEC. 413. Notwithstanding any other provision of law. unless ex-
pressly in limitation of the provisions of this title, funds appropri-
ated for any fiscal year to carry out any of the programs to which this
title is applicable shall remain available for obligation and expendi-
ture until the end of such fiscal year.
(20 U.S.C. 1226) Enacted Oct. 16, 1968, P.L. 90-576, Title III. sec. 301(b),
82 Stat. 1094; amended April 13, 1970, P.L. 91-230, Title IV, sec. 401(a) (9),
84 Stat. 166; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat.
326; amended August 21, 1974, P.L. 93-380, sec. 506(a) (2), 88 Stat. 503.
CONTINGENT EXTENSION OF PROGRAMS
SEC. 414. (a) Unless the Congress in the regular session which ends
prior to the beginning of the terminal fiscal year-
(1) of the authorization of appropriations for an applicable
program; or
(2) of the duration of an applicable program;
either-
(A) has passed or has formally rejected legislation which
would have the effect of extending the authorization or duration
(as the case may be) of that program; or
(B) by action of either the House of Representatives or the
Senate, approves a resolution stating that the provisions of this
sectioii shall no longer apply to such program;
such authorization or duration is hereby automatically extended for
one additional fiscal year. The amount appropriated for such addi-
tional year shall not exceed the amount which the Congress cou'd,
under the tern-is of the law for which the appropriation is made, have
appropriated for such program during such terminal year.
(b) (1) For the purposes of clause (A) of subsection (a), the. Con-
gress shall not have been deemed to have passed legislation unless
such legislation becomes law.
(2) In any case where the Commissioner is required under an ap-
plicable statute to carry out certain acts or make certain determina-
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tions which are necessary for the continuation of an applicable pro-
gram, if such acts or determinations are required during the terminal
year of such program, such acts and determinations shall be required
during any fiscal year in which that part of subsection (a) which
follows clause (B) thereof is in operation.
(20 U.S.C. 1226a) Enacted August 21, 1974, P.L. 93-380, Sec. 509(a) (2), 88
Stat. 563.
Subpart 2-Planning and Evaluation of
Federal Education Activities
PROGRAM PLANNING EVALUATION
SEC. 416. Sums appropriated pursuant to section 400(d) may in-
clude for any fiscal year for which appropriations are otherwise
authorized under any applicable program not to exceed $25,000,000
which shall be available to the Secretary, in accordance with regula-
tions prescribed by him, for expenses, including grants, contracts, or
other payments, for (1) planning for the succeeding year for any
such program, and (2) evaluation of such programs.
(20 U.S.C. 1226b) Enacted August 21, 1974, P.L. 93-380, sec. 506(a) (3) (C),
88 Stat. 563, 564.
ANNUAL EVALUATION REPORTS
SEC. 417. (a) (1) Not later than November 1 of each year, the Secre-
tary shall transmit to the Committee on Education and Labor of the
House of Representatives and the Committee on Labor and Public
Welfare of the Senate an annual evaluation report which evaluates
the effectiveness of applicable programs in achieving their legislated
purposes together with recommendations relating to such programs
for the improvement of such programs which will result in greater
effectiveness in achieving such purposes. In the case of any evaluation
report evaluating specific programs and projects, such report shall-
(A) set forth goals and specific objectives in qualitative and
quantitative terms for all programs and projects assisted under
the applicable program concerned and relate those goals and
objectives to the purposes of such program;
(B) contain information on the progress being made during
the previous fiscal year toward the achievement of such goals and
objectives;
(C) describe the cost and benefits of the applicable program
being evaluated during the previous fiscal year and identify which
sectors of the public receive the benefits of such program and bear
the costs of such program;
(D) contain plans for implementing corrective action and rec-
ommendations for new or amended legislation where warranted;
(E) contain a listing identifying the principal analyses and
studies supporting the major conclusions and recommendations in
the report; and
(F) be prepared in concise summary form with necessary
detailed data and appendices.
(2) In the case of programs and projects assisted under title I of
the Elementary and Secondary Education Act of 1965, the report
under this subsection shall include a survey of how many of the chil-
dren counted under section 103 (c) of such Act participate in such
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programs and projects, and how many of such children do not, and
a survey of how many educationally disadvantaged children partici-
pate in such programs and projects, and how many educationally dis-
advantaged children do not. For purposes of the preceding sentence,
the term `educationally disadvantaged children' refers to children who
are achieving Qne or more years behind the achievement expected at.
the appropriate grade level for such children.
(b) Each evaluation report submitted pursuant to subsection (a)
shall contain: (1) a brief description of each contract or grant for
evaluation of any program (whether or not such contract or grant was
made under section 416) any part of the performance of which
occurred during the preceding year, (2) the name of the firm or
individual who is to carry out the evaluation, and (3) the amount to
be paid under the contract or grant.
(20 U.S.C. 1226c) Enacted August 21, 1974, P.L. 93-380, sec. 500(a) (3) (C),
88 Stat. 504.
RENEWAL EVALUATION REPORTS
SEc. 418. (a) In the case of any applicable program for which-
(1) the authorization of appropriations expires; or
(2) the time during which payments or grants are to be made
expires;
not laterthan one year prior to the date of such expiration, the Assist-
ant Secretary shall submit to the Committee on Education and Labor
of the House of Representatives and the Committee on Labor and
Public Welfare of the Senate a comprehensive evaluation report on
such program.
(b) Any comprehensive evaluation report submitted pursuant to
subsection (a) shall contain-
(1) a history of the program concerned, including-
(A) a history of authorizations of appropriations, budget
requests, appropriations, and expenditures for such
programs;
(B) a history of legislative recommendations with respect
to such program made by the President and the disposition
of such recommendations, and
(C) a history of legislative changes made in applicable
statutes with respect to such program;
(2) assuming a continuation of such program, recommenda-
tions for improvements (including legislative changes and fund-
ing levels) in such program with a view toward achieving the
legislative purposes of such program;
(3) a compilation and summary of all evaluations of such
program; and
(4) a recommendation with respect to whether such program
should be continued, and the date of its expiration, and the rea-
sons for such recommendations."
(20 U.S.C. 1226d) Enacted August 21, 1974, P.L. 93~-380, see. 506(a) (3) (C),
88 Stat. 564, 565.
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EVALUATION BY THE COMPTROLLER GENERAL
SEC. 419. (a) The Comptroller General of the United States shall
review, audit, and evaluate any Federal education program upon
request by a committee of the Congress having jurisdiction of the
statute authorizing such program or, to the extent personnel are avail-
able, upon request by a member of such committee. Upon such request,
he shall (1) conduct studies of statutes and regulations governing
such program; (2) review the policies and practices of Federal agen-
cies administering such program; (3) review the evaluation proce-
dures adopted by such agencies carrying out such program; and (4)
evaluate particular projects or programs. The Comptroller General
shall compile such data as are necessary to carry out the preceding
functions and shall report to the Congress at such times as he deems
appropriate his findings with respect to such program and his recom-
mendations for such modifications in existing laws, regulations, proce-
dures and practices as will in his judgment best serve to carry out
effectively and without duplication the policies set forth in education
legislation relative to such program.
(b) In carrying out his responsibilites as provided in subsection
(a), the Comptroller General shall give particular attention to the
practice of Federal agencies of contracting with private firms, orga-
nizations and individuals for the provision of a wide range of studies
and services (such as personnel recruitment and training, program
evaluation, and program administration) with respect to Federal
education programs, and shall report to the heads of the agencies
concerned and to the Congress his findings with respect to the neces-
sity for such contracts and their effectiveness in serving the objectives
established in education legislation.
(c) In addition to the sums authorized to be appropriated under
section 400 (d), there are authorized to be appropriated such sums as
may be necessary to carry out the purposes of this section.
(20 U.S.C. 1227) Enacted June 23, 1972, P.L. 92-318, sec. 304, Stat. 333.
PROHIBITION AGAINST USE OF APPROPRIATED FUNDS FOR BUSING
SEC. 420. No funds appropriated for the purpose of carrying out
any applicable program may be used for the transportation of students
or teachers (or for the purchase of equipment for such transportation)
in order to overcome racial imbalance in any school or school system,
or for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to carry out a plan of
racial desegregation of any school or school system, except for funds
appropriated pursuant to title I of the Act of September 30, 1950
(P.L. 874, 81st Congress), but not including any portion of such funds
as are attributable to children counted under subparagraph (C) of
section 3(d) (2) or section 403(1) (C) of that Act.
(20 U.S.C. 1228) Enacted August 21, 1974, P.L. 93-380, sec. 252, 88 Stat. 519.
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PART C-GENERAL REQUIREMENTS AND Coxnmoxs CONCERNING THE
OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS; GENERAr
AUTHORITY OF THE CoM~nssIONER OF EDUCATION
APPLICABILITY
SEC. 421. The provisions of this part shall apply to any program for
which the Commissioner has administrative responsibility, as specified
by law or by delegation of authority pursuant to law.
(20 U.S.C. .1230) Enacted August 21, 1974, P.L. 93-380, sec. 507(a), 88 Stat.
565.
SUBPART 1-GENERAL AUTHORITY
ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 421A (a) The Commissioner is authorized to delegate any of
his functions under any applicable program, except the making of
regulations and the approval of State plans, to any officer or employee
of the Office of Education.
(b) In administering any applicable program, the Commissioner is
authorized to utilize the services and facilities of any agency of the
Federal Government and of any other public or nonprofit agency or
institution in accordance with appropriate agreements, and to pay for
such services either in advance or by way of reimbursement, as may
be agreed upon.
(c) (1) (A)' Except in the case of a law which-
(i) authorizes appropriations for carrying out. or controls the
administration of, an applicable program, or
(ii) is enacted in express limitation of the provisions of this
paragraph,
no provision of any law shall be construed to authorize the consolida-
tion of any applicable program with any other program. Where the
provisions of law governing the administration of an applicable pro-
gram permit the packaging or consolidation of applications for grants
or contracts to attain simplicity or effectiveness of administration,
nothing in this subparagraph shall be. deemed to interfere with such
packaging or consolidation.
(B) No provision of any law which authorizes an appropriation
for carrying out, or controls the administration of, an applicable pro-
gram shall be construed to authorize the consolidation of any such
program with any other program unless provision for such a consoli-
dation is expressly made thereby.
(C) For the purposes of this subsection, the term "consolidation"
means any agreement, arrangement, or the other procedure which re-
sults in-
(1) the commingling of funds derived from one appropriation
with those derived from another appropriation,
1 Section 302 (c) of P.L. 92-~318 provides as follows:
(c) The provisions of section 421 (c) of the General Education Provisions Act shall be
effective upon the date of enactment of this Act. No provision of any law which is ineon-
sistent with such section 421 (c) shall be effective nor shall any such provision control
to the extent of such inconsistency, unless such a law is enacted after the date of enactment
of this Act.
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(ii) the transfer of funds derived from an appropriation to
the use of an activity not authorized by the law authorizing such
appropriation,
(iii) the use of practices or procedures which have the effect of
requiring, or providing for, the approval of an application for
funds derived from different appropriations according to any
criteria other than those for which provision is made (either
expressly or implicitly) in the law which authorizes the appro-
priation of such funds, or this title, or
(iv) as a matter of policy the making of a grant or contract
involving the use of funds derived from one appropriation
dependent upon the receipt of a grant or contract involving the
use of funds derived from another appropriation.
(2) (A) No requirement or condition imposed by a law authorizing
appropriations for carrying out any applicable program, or con-
trolling the administration thereof, shall be waived or modified, unless
such a waiver or modification is expressly authorized by such law or
by a provision of this title or by a law expressly limiting the applica-
bility of this paragraph.
(B) There shall be no limitation on the use of funds appropriated
to carry out any applicable program other than limitations imposed
by the law authorizing the appropriation or a law controlling the
administration of such program; nor shall any funds appropriated to
carry out an applicable program be allotted, apportioned, allocated,
or otherwise distributed in any manner or by any method different
from that specified in the law authorizing the appropriation.
(3) No person holding office in the executive branch of the Govern-
ment shall exercise any authority which would authorize or effect any
activity prohibited by paragraph (1) or (2).
(4) The transfer of any responsibility, authority, power, duty, or
obligation subject to this title, from the Commissioner to any other
officer in the executive branch of the Government, shall not affect the
applicability of this title with respect to any applicable program.
(20 U.S.C. 1231) Enacted April 13, 1970, P.L. 91-230, sec. 401(a) (10), 84
Stat. 166; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 321;
subsection (c) added June 23, 1972, P.L. 02-318, sec. 302(a), 86 Stat. 332, 333;
heading of sec. 421 redesignated June 23, 1972, P.L. 92-318, sec. 302(b), 86 Stat.
333; redesignated August 21, 1974, P.L. 98-380, sec. 507(a), 88 Stat. 565.
COLLECTION AND DISSEMINATION OF INFORMATION
SEC. 422. (a) The Commissioner shall-
(1) prepare and disseminate to State and local educational
agencies and institutions informa.tion concerning applicable pro-
grams and cooperate with other Federal officials who administer
programs affecting education in disseminating information con-
cerning such programs;
(2) inform the public on federally supported education
programs;
(3) collect data and information on applicable programs for
the purpose of obtaining objective measurements of the effective-
ness of such programs in achieving their purposes; and
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18
(4) prepare and publish an annual reporf~ (to be referred to
as "the Commissioner's annual report") on (A) the condition of
education in the nation, (B) developments in the administration,
utilization, and impact of applicable programs, (C) results of
investigations and activities by the Office of Education, and (D)
such facts and recommendatipns as will serve the purpose for
which the Office of Education is established (as set forth in section
403 of this Act).
(b) The Commissioner's annual report shall be submitted to the
Congress not later than March 31 of each calendar year. The Commis-
sioner's annual report shall be made available to State and local educa-
tional agencies and other appropriate agencies and institutions and to
the general public.
(c) The Commissioner is authorized to enter into contracts with
public or private agencies, organizations, groups, or individuals to
carry out the provisions of this section.
(20 U.S.C. 1231a) Enacted April 13, 1970, P.L. 91-230, Tifle IV, sec. 401 (a) (10),
84 Stat. 166; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86 Stat.
326: amended June 23, 1972, P.L. 92-318, sec. 301(b) (2) (B), 86 Stat. 332.
CATALOG OF FEDERAL EDUCATION ASSISTANCE PROGRAMS
SEC. 423. The Commissioner shall prepare and make available in
such form as he deems appropriate a catalog of all Federal education
assistance programs whether or not such programs are administered
by him. The catalog shall-
(1) identify each such program, and include the name of the
program, the authorizing statute, the specific Federal administer-
ing officials, and a brief description of such program;
(2) set forth the availability of benefits and eligibility restric-
tionS in each such program;
(3) set forth the budget requests for each such program, past
appropriations, obligations incurred, and pertinent financial
information indicating (A) the size of each such program for
selected fiscal years, and (B) any funds remaining available;
(4) set forth the prerequisites, including the cost to the recipi-
ent of receiving assistance under each such program, and any
duties required of the recipient after receiving benefits;
(5) identify appropriate officials, in Washington, District of
Columbia, as well as in each State and locality (if applicable), to
whom application or reference for information for each such pro-
gram may be made;
(6) set forth the application procedures;
(7) contain a detailed index designed to assist the potential
beneficiary in identifying all education assistance programs
related to a particular need or category of potential beneficiaries;
(8) contain such other program information and data as the
Commissioner deems necessary or desirable in order to assist the
potential program beneficiary to understand and take advantage
of each Federal education assistance program; and
(9) be transmitted to Congress with the Commissioner's
annual report.
(20 U.S.C. 1231b) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401(a) (10),
84 Stat. 167; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86 Stat. 326.
PAGENO="0029"
1~
COMPILATION OF ASSISTED INNOVATIVE PROJECTS
SEC. 424. The Assistant Secretary shall publish annually a compila-
tion of all innovative projects assisted under programs administered
in the Education Division, including title III and part C of title IV
of the Elementary and Secondary Education Act of 1965, in any
year funds are used to carry out such programs. Such compilation
shall be indexed according to subject, descriptive terms, and locations.
(20 U.S.C. 1231b-1) Enacted August 21, 1974, P.L. 93-380, sec. 508(a), 88 Stat.
565, 566.
REVIEW OF APPLICATIONS
SEC. 425. (a) In the case of any applicable program under which
financial assistance is provided to (or through) a State educational
agency to be expended in accordance with a State plan approved by
the Commissioner, and in the case of the program provided for in title
I of the Elementary and Secondary Education Act of 1965, any appli-
cant or recipient aggrieved by the final action of the State educational
agency, and alleging a violation of State or Federal law; rules, regula-
tions, or guidelines governing the applicable program, in (1) disap-
proving or failing to approve its application or program in whole or
part, (2) failing to provide funds in amounts in accord with the re-
quirements of laws and regulations, or (3) terminating further assist-
ance for an approved program, may within thirty days request a hear-
ing. Within thirty days after it receives such a request, the State edu-
cational agency shall hold a hearing on the record and shall review
such final action. No later than ten days after the hearing the State
educational agency shall issue its written ruling, including reasons
therefor. If it determines such final action was contrary to Federal
or State law, or the rules, regulations, and guidelines, governing such
applicable program it shall rescind such final action.
(b) Any applicant or recipient aggrieved by the failure of a
State educational agency to rescind its final action after a review
under such subsection (a) may appeal such action to the Commis-
sioner. An appeal under this subsection may be taken only if notice
of such appeal is ified with the Commissioner within twenty days
after the applicant or recipient has been notified by the State educa-
tional agency of the results of its review under subsection (a). If, on
such appeal, the Commissioner determines the final action of the
State. educational agency was contrary to Federal law, or the rules,
regulations, and guidelines governing the applicable program, he. shall
issue an order t.o the State educational agency prescribing appropriate
action to be taken by such agency. On such appeal, findings of fact of
the State educational agency, if supported by substantial evidence,
shall he final. The Commissioner may also issue such interim orders to
State educational agencies as he may deem necessary and appropriate
~eriding appeal or review.
(c) Each State educational agency shall make available. at rea-
sonable times and places to cacTi applicant or recipient under a pro-
gram to which this section applies all records of such agency pertaining
to any review or appeal such applicant or recipient is conducting under
this section, including records of other applicants.
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20
(d) If any State educational agency fails or refuses to comply
with any provision of this section, or with any order of the Commis-
sioner under subsection (b), the Commissioner shall forthwith termi-
nate all assistance to the State educational agency under the. applicable
program affected.
(20 U.S.C. 1231b-2) Enacted August 21, 1974, P.L. 93-380, sec. 508(a), 88
Stat. 566.
TECHNICAL ASSISTANCE
SEC. 426. (a) For the purpose of carrying out more effectively
Federa.l education programs, the Commissioner is authorized, upon
request, to provide advice, counsel, and technical assistance to State
educational agencies, institutions of higher education, and, with the
approval of the appropriate State educational agency, elementary and
secondary schools-
(1) in determining benefits available to them under Federal
law;
(2) in preparing applications for, and meeting requirements
of applicable programs;
(3) in order to enhance the quality, increase the depth, or
broaden the scope of activities irncler applicable programs ; and
(4) in order to encourage simplification of applications,
reports, evaluations, and other administrative procedures.
(b) The Commissioner shall permit local educational agencies to
use organized and systematic approaches in determining cost alloca-
tion, collection, measurement, and reporting under any applicable pro-
gram, if he determines (1) that the use of such approaches will not in
any inanne.r lessen the effectiveness and impact of such program in
achieving purposes for which it is intended, (2.) that the agency will
use such procedures as will insure adequate evaluation of each of the
programs involved, and (3) that such approaches are consistent with
criteria prescribed by the Comptroller General of the United States for
the purposes of audit. For the purpose of this subsection a cost is
allocable to a particular cost objective to the extent of relative benefits
received by such objective.
(c) The Commissioner's annual report shall contain a statement
of the Commissioner's activities under this section.
(20 U.S.C. 1231c) Enacted April 13, 1970 P.L. 91-230. Title IV sec. 401(a) (10),
84 Stat. 167; renumbered June 23, 1972, P.L. 92-31S. sec. 301(a) (1), 86 Stat. 326,
redesigraited August 21, 1974, P.L. 93-380, sec. 508(a), 88 Stat. 565.
PARENTAL INVOLVEMENT AND DISSEMINATION
SEC. 427. In the case of any applicable progTam in which the Com-
missioner determines that parental participation at the State or local
level would increase the effectiveness of the. program in achieving its
purposes, he shall promulgate regulations with respect to such pro-
gram setting forth criteria designed to encourage such participation.
If the program for which such determination provides for payments
to loea.l educational agencies. applications for such payments shall-
(1) set forth such policies and Procedures as will ensure that
programs a.nd projects assisted under the application have been
planned and developed, and will be operated, in eon~ultation with,
PAGENO="0031"
21
and with the involvement of parents of, the children to be served
by such programs and projects;
(2) be submitted with assurance that such parents have had an
opportunity to present their views with respect to the applica-
tion; and
(3) set forth policies and procedures for adequate dissemina-
tion of program plans and evaluations to such parents and the
public.
(20 U.S.C. 1231d) Enacted April 13, 1970, P.L. 91-230, Title IV, see. 401(a)
(10), 84 Stat. 168; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86
Stat. 326; redesignated August 21, 1974, P.L. 93-380, sec. 508(a), 88 Stat. 565.
USE OF FUNDS WITHHELD FOR FAILURE TO COMPLY WITH OTHER
PROVISIONS OF FEDERAL LAW
SEC. 428. At any time that the Commissioner establishes an entitle-
ment, or makes an allotment or reallotment to any State, under any
applicable program, he shall reduce such entitlement, allotment, or
reallotment by such amount as he determines it would have been
reduced, had the data on which the entitlement, allotment, or reallot-
ment is based excluded all data relating to local educational agencies
of the State which on the date of the Commissioner's action are ineli-
gible to receive the Federal financial assistance involved because of a
failure to comply with title VI of the Civil Rights Act of 1964. Any
appropriated funds which will not be paid to a State as a result of
the preceding sentence may be used by the Commissioner for grants to
local educational agencies of that State in accordance with section
405 of the Civil Rights Act of 1964.
(20 U.S.C. 1231e) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401(a)
(10), 84 Stat. 168; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86
Stat. 326; redesignated August 21, 1974, Ph 93-380, sec. 508(a), 88 Stat. 565.
AUTHORIZATION TO FURNISH INFORMATION
SEC. 429. The Commiss~oner i~ authorized to transfer transcripts
or copies of other records of the Office of Education to State and local
officials, public and private organizations, and individuals.
(20 U.S.C. 1231f) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401(a)
(10), 84 Stat. 168; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86
* Stat. 326; amended August 21, 1974, P.L. 93-380, sec. 501(b), 88 Stat. 558; re-
designated August 21, 1974, P.L. 93-380, sec. 508 (a), 88 Stat. 565.
SUBPART 2-ADMINISTRATION: REQUIREMENTS AND LIMITATIONS
RULES: REQUIREMENTS AND ENFORCEMENT
SEC. 431. (a~ Rules, re~u1ations. guidelines, or other published
interpretations or orders issued by the Department of Health, Edu-
cation, and Welfare or the Office of Education, or by any official of
such agencies, in connection with, or affecting, the administration of
any applicable program shall contain immediately following each
substantive provision of such rules, regulations, guidelines, interpre-
tations, or orders, citations to the particular section or sections of
statutory law or other legal authority upon which such provision is
based.
PAGENO="0032"
22
(b) (1) No standard, rule, regulation, or requirement of general ap-
plicability prescribed for the administration of any applicable pro-
gram may take effect until thirty days after it is published in the
Federal Register.
(2) (A) During the thirty-day period prior to the date upon which
such standard, rule, regulation, or general requirement is to be effec.-
tive, the Commissioner shall. in accordance with the provisions of sec-
tion 553 of title 5, United States Code. offer any interested party an
opportunity to make comment upon, and take exception to, such stand-
ard, rule, regulation, or general requirement and shall reconsider any
such standard, rule, regulation, or general requirement upon which
comment is made or to which exception is taken.
(B) If the Commissioner determines that the thirty-day require-
ment in paragraph (1) will cause undue delay in the implementation
of a regulation, thereby causing extreme hardship for the intended
beneficiaries of an applicable program, he shall notify the Committee
on Education and Labor of the House of Representatives and the Com-
mittee on Labor and Public Welfare of t.he Senate. If neither commit-
tee disagrees with the determination of the Commissioner within 10
days after such notice, the Commissioner may waive such requirement
with respect to such regulation.
(c) All such rules, regulations, guidelines, interpret.ations~ or orders
shall be uniformly annlied and enfnreecl t.hrou~hout the fifty States.
(d) (1) Concurrently with the publication in the Federal Register
of any standard, rule, regulation, or requirement of general applica-
bility as required in subsection (b) of this sectionS such standard,
rule, regulation, or requirement shall be transmitted to the Sneaker
of the House of Representatives and the President of the Senate.
Such standard, rule, regulationS or requirement shall become effective
not less than forty-five days after such transmission unless the Con-
gress shall, by concurrent resolution, find that the standard, rule,
regulation, or requirement is inconsistent with the Act from which
it derives its authority, and disapprove such standard, rule, regulation,
or requirement.
(2) The forty-five-day period specified in paragraph (1' shall be
deemed to run without interruption except during periods when either
House is in adjournment sine die. in adjournment subject to the call
of the Chair, or in adjournment to a day certain for a period of more
than four consecutive days. In any such period of adjournment, the
forty-five days shall continue to run, but if such period of adjourn-
ment is thirty calendar days, or less, the forty-five-day period shall
not be deemed to have elapsed earlier than ten days after the end of
such adjournment. In any period of adjournment which lasts more
than thirty days, the forty-five-day period shall be deemed to have
elapsed after thirty calendar days has elapsed. unless, during those
thirty calendar clays, either the Committee on Education and Labor
of the House of Representatives1 or the Committee on Labor and Pub-
lic Welfare of the Senate, or both, shall have directed its chairman,
in accordance with said committee's rules~ and the rules of that House.
to transmit to the appropriate department or agency head a formal
statement of objection to the proposed standard, rule. re~ilation, or
requirement. Such letter shftll suspend the effective thte of the gtand-
PAGENO="0033"
23
ard, rule, regulation, or requirement until not less than twenty days
after the end of such adjournment, during which the Congress may
enact the concurrent resolution provided for in this subsection. In no
event shall the standard, rule, regulation, or requirement go into ef-
fect until the forty-five-day period shall have elapsed, as provided
for in this subsection, for both Houses of the Congress.
(e) Whenever a concurrent resolution of disapproval is enacted
by the Congress under the provisions of this section, the agency which
issued such standard, rule, regulation, or requirement may thereafter
issue a modified standard, rule, regulation, or requirement to govern
the same or substantially identical circumstances, but shall, in pub-
lishing such modification in the Federal Register and submitting it
to the Speaker of the House of Representatives and the President of
the Senate, indicate how the modification differs from the proposed
standard, rule, regulation, or requirement of general applicability
earlier disapproved, and how the agency believes the modification
disposes of the findings by the Congress in the concurrent resolution
of disapproval.
(f) For the purposes of subsections (d) and (e) of this section,
activities under sections 404, 405, and 406 of this title, and under title
IX of the Education Amendments of 1972 shall be deemed to be appli-
cable pro.grams.
(g) Not later than sixty days after the enactment of any part of
any Act affecting the administration of any applicable program, the
Commissioner shall submit to the Committee on Education and Labor
of the House of Representatives and the Committee on Labor and
Public Welfare of the Senate a schedule in accordance with which the
Commissioner has planned to promulgate rules, regulations, and guide~
lines implementing such Act or part of such Act. Such schedule shall
provide that all such rules, regulations, and guidelines shall be pro-
mulgated within one hundred and eighty days after the submission
of such schedule. Except as is provided in the following sentence, all
such rules, regulations, and guidelines shall be promulgated in accord-
ance with such schedule. If the Commissioner finds that, due to circum-
stances unforseen at the time of the submission of any such schedule, he
cannot comply with a schedule submitted pursuant to this subsection,
he shall notify such committees of such findings and submit a new
schedule. If both such committees notify the Commissioner of their
approval of such new schedule, such rules, regulations, and guidelines
shall be promulgated in accordance with such new schedule.
(20 U.S.C. 1232) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401(a)
(10), 84 Stat. 169; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86
Stat. 326, amended August 21, 1974, P.L. 93-380, sec. 509(a), 88 Stat. 566, 568.
PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION
SEC. 432. No provision of the Act of September 30, 1950, Public
Law 874, Eighty-first Congress: the National Defense Education Act
of 1958; the Act of September 23, 1950, Public Law 815, Eighty-first
Congress; the Higher Education Facilities Act of 1963; the Ele-
mentary and Secondary Education Act of 1965; the Higher Educa-
tion Act of 1965; the International Education Act of 1966; the Emer-
44-078 0 - 75 - 3
PAGENO="0034"
24
gency School Aid Act; or the Vocational Education Act. of 1963 shall
be construed to authorize any departmentS agency, officerS or employee
of the United States to exercise any direction. supervision, or control
over the curriculum, program of instruction, administration, or per-
sonnel of any educational institution, school, or school system, or
over the selection of library resources, textbooks, or other printed or
published instructional materials by any educational institution or
school system, or to require the assignment or transportation of stu-
dents or teachers in order to overcome racial imbalance.
(20 U.S.C. 1232a) Enacted April 13, 1970, P.L. 91-230 Title IV, sec. 401(a)
(10), 84 Stat. 169; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86
Stat. 326; amended June 23, 1972, P.L. 92-318, sec. 717(b), 86 Stat. 369..
LABOR STANDARDS
SEC. 433. Except for emergency relief under section 7 of the Act
of September 30, 1950 (Public Law 874, Eighty-first Congress), all
laboreres and mechanics employed by contractors or subcontractors on
all construction and minor remodeling projects assisted under any
applicable program shall be paid wages at rates not less than those
prevailing on similar construction and minor remodeling in the local-
ity as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secre-
tary of Labor shall have, with respect to the labor standards specified
in this section, the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 and section 2 of the Act of June 13,
1934, as amended (40 U.S.C. 276c).
(20 U.S.C. 1232b) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401(a)
(10), 84 Stat. 169; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86
Stat. 326.
ADMINISTRATION OP EDUCATION PROGRAMS AND PROJECTS
SEC. 434. (a) (1) Each recipient of Federal funds under any appli-
cable program through any grant. subgrant, contract, subcontract,
loan, or other arrangement entered into (other than by formal ad-
vertising) shall keep such records as the Assistant Secretary shall
prescribe, including records which fully disclose the amoimt and dis-
position by such recipient of the proceeds of such assistance, the total
cost of the project or undertaking in connection with which such funds
are given or used, the amount of that portion of the cost of the project
or undertaking supplied by other sources, and such other records as
will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, shall, until
the expiration of five years after the completion of the project or
undertaking to which reference is made in paragraph (1), have access,
for the purpose of audit and examination, to any books. documents,
papers, and records of such recipients which, in the opinion of the
Comptroller General, after consultation with the Assistant Secretary,
may be related,, or pertinent to, the grants, subgrants, contracts, sub-
PAGENO="0035"
25
contracts, loans, or other arrangements to which reference is made
in paragraph (1).
(b) (1) (A) In the case of any State which applies, contracts, or
submits a plan, for participation in any applicable program in which
Federal funds are made available for assistance to local educational
agencies through, or under the supervision of the State educational
agency of that State, such State shall submit to, and maintain on file
with, the Commissioner a general application meeting the require-
ments of this subsection. Such general application shall (i) provide
for the submission by the State and approval by the Commissioner of
an annual program plan with respect to the particular programs in
which the State desires to participate and (ii) provide assurances-
(I) that the State will, through its State educational agency,
provide for such methods of administration as are necessary for
the proper and efficient administration of the programs to which
the general application applies;
(II) that the State will make provision for such fiscal con-
trol and fund accounting procedures as may be necessary to assure
proper disbursement of, and accounting for, Federal funds paid
to the States under any applicable program;
(III) that the State will make provision for making such
reports as the Commissioner may require to carry out his
functions;
(IV) that the State will follow such policies and use such
methods and practices of administration as will insure that non-
Federal funds will not be supplant~d by Federal funds; and
(V) that the State will submit to, and have approved by, the
Commissioner an annual program plan in accordance with sub-
paragraph (B).
(B) The annual program plan submitted by any State for any fiscal
year with respect to any program to which this paragraph applies
shall-
(i) be prepared and administered in a manner consistent with
specific State plan requirements of the appropriate applicable
statutes affecting the program for which the annual program plan
is applicable;
(ii) set forth a statement describing the purposes for which
Federal funds will be expended during the fiscal year for which
the annual program plan is submitted; and
(iii) comply in all other respects with the specific requirements
of the appropriate applicable statutes.
(2) In accordance with determinations and regulations of the Com-
missioner, the requirements of paragraph (1) shall be in lieu of com-
parable requirements for State plans in applicable statutes authorizing
appropriatioiis for programs to which paragraph (1) applies.
(3) In the case of any application for assistance under any appli-
cable program to which paragraph (1) does not apply and with respect
to which the Commissioner determines that this section would sim-
~)lify the administration of an applicable program, each such appli-
cation shall be submitted to the Commissioner at such time, in such
PAGENO="0036"
26
manner, and containing such information as the Commissioner shall
prescribe by regulation and, as a precondition for approval, shall-
(A) provide for such methods of administration as are neces-
sary for the proper and efficient administration of the program or
project for which application is made;
(B) make provision for such fiscal control and fund account-
ing procedures as may be necessary to assure proper disbursement
of, and accounting for, Federal funds paid to the applicant under
the application; and
(C) provide for making such reports as the Commissioner may
require to carry out his functions.
(c) Whenever the Commissioner, after reasonable notice and an
opportunity for hearing, finds that there has been a failure, by any
recipient of funds under any applicable program, to comply substan-
tially with the terms to which such recipient has agreed in order to
receive such. funds, the Commissioner shall notify such recipient that
further payments will not be made to such recipient under that pro-
gram until lie is satisfied that such recipient no longer fails to comply
with such terms. Until the Commissioner is so satisfied, no further
payments shall be made to such recipient. Pending the outcome of any
termination proceeding initiated under this paragraph, the Commis-
sioner may suspend payments to such recipient, after such recipient
has been given reasonable notice and opportunity to show cause why
such action should not be taken.
(d) (1) If any State has submitted an application for funds under
any applicable program under which appropriations for such program
are, by the applicable statute, allotted or apportioned among the
States or under which the State (or local educational agencies in that
State) is entitled to a portion of an appropriation therefor and the
Commissioner disapproves such application, or if the Commissioner
withholds payments to a State under paragraph (1) of subsection
(c), that State shall be entitled to judicial review of the actions of the
Commissioner in accordance with the provisions of this paragraph.
(2) (A) If any State, under circumstances qualifying for judicial
review under this paragraph, desires judicial review of the Commis-
sion's action, such State may, within sixty days of such action, file
with. the United States Court of Appeals for the circuit in which such
State is located a petition for review of such action. A copy of the
petition shall be forthwith transmitted by the clerk of the court to
the Commissioner. The Commissioner thereupon shall file in the court
the record of the proceedings on which lie based the action brought
under this division, as provided in section 2112 of title 28, United
States Code.
(B) The findings of fact by the Commissioner, if supported by
substantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further
evidence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action. and shall certify
to the court the record of the further proceedings. Such new or moth-
PAGENO="0037"
27
fled findings of fact shall likewise be conclusive if supported by sub-
stantial evidence.
(C) The court shall have jurisdiction to affirm the action of the
Commissioner or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(e) For the purposes of this section, the term "application"
includes-
(1) an application for a grant;
(2) an offer to make a contract;
(3) a State plan for the administration of an applicable
program;
(4) State assurances with respect to the administration of such
a program; and
(5) any other methods for seeking Federal funds from the
Commissioner of Education;
under which an agency, institution, organization, or other organized
entity may become the recipient of Federal funds.
(20 U.S.C. 1232c) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401(a) (10),
84 Stat. 169; renumbered June 23, 1972, P.L. 92_318, sec. 301(a) (1), 86 Stat. 326;
subsection (b) added June 23, 1972, P.L. 92-318, sec. 501, 86 Stat. 345; amended
August 21, 1974, P.L. 93-380, sec. 510, 88 Stat. 568, 571.
PAYMENTS
SEc. 435. Payments pursuant to grants or contracts under any appli-
cable program may be made in installments, and in advance or by
way of reimbursement, with necessary adjustments on account of
overpayments or underpayments, as the Commissioner may determine.
(20 U.S.C. 1232d) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a) (10),
84 Stat. 170; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 326.
AUTHORITY TO VEST TITLE TO EQUIPMENT
SEc. 436. The authority of the Commissioner of Education to make
a grant to or contract with a local educational agency or State educa-
tional agency as such agencies are defined in sections 801 (f) and
801 (k) of the Elementary and Secondary Education Act of 1965, under
any applicable program, shall include discretionary authority, when-
ever he determines that it would be in the public interest, to vest title
to equipment purchased with gra.nt or contract funds in such agency
(or waive accountability to the United States for such equipment)
without further obligation to the Government or on such terms or
conditions as the Commissioner deems appropriate. The authority pro-
vided by this section shall be applicable to equipment purchased with
funds provided by grants or contracts made on, before, or after the
date of the enactment of this section.
(20 U.S.C. 1232e) Enacted April 13, 1970, P.L. 91-230, Title IV, see. 401 (a)
(10), 84 Stat. 170; renumbered June 23, 1972, P. L. 92-318, sec. 301(a) (1), 86
Stat. 326.
PAGENO="0038"
28
RESPONS~U~ITY OF STATES TO FURNISH INFORMATION
SEC. 437. (a) The Commissioner shall require that each State sub-
mit to him, within sixty days after the end of any fiscal year, a report
on the uses of Federal funds in that State under any applicable pro-
gram for which the State is responsible for administration. Such re-
port shall-
(1) list all grants and contracts made under such program to
the local educational agencies and other public and private agen-
cies and institutions within such State during such year;
(2) include the total amount of funds available to the State
under each such program for such fiscal year and specify from
which appropriation Act or Acts these funds were available;
(3) with respect to the second prece.ding fiscal year, include a
compilation of reports from local educational agencies and other
public and private agencies and institutions within such State
which sets for the amount of such Federal funds received by
each such agency and the purposes for which such funds were
expended;
(4) with respect to such second preceding fiscal year, include
a statistical report on the individuals served or affected by pro-
grams, projects, or activities assisted with such Federal funds; and
(5) be made readily available by the State to local educational
agencies and other public and private agencies and institutions
within the State, and to the public.
(b) On or before October 15 of each year, the Commissioner shall
submit to the Committee on Labor and Public Welfare of the Senate
and to the Committee on Education and Labor of the House of Rep-
resentatives an analysis of these reports and a compilation of statisti-
cal data derived therefrom.
(20 U.S.C. 1232f) Enacted August 21, 1974, P.L. 93-380, sec. 512(a), 88 Stat.
571.
PROTECTION OF THE RIGHTS AND PRIVACY OF PARENTS AND STUDENTS1
SEC. 438. (a) (1) (A) No funds shall be made available under any
applicable program to any educational agency or institution which
has a policy of denying, or which effectively prevents, the parents of
students who are or have been in attendance at a school of such agency
or at such institution, as the case may be, the right to inspect and re-
view the educational records of their children. If any material or
document in the education record of a studeut includes information on
more than one student, the parents of one of such students shall have
the right to inspect and review only such part of such material or
document as relates to such student or to be informed of the specific
information contained in such part of such material. Each educational
agency or institution shall establish appropriate procedures for the
granting of a request by parents for access to the education records of
their children with1n a reasonable period of time, but in no case more
than forty-five days after the request has been made.
`This section may be cited as the "Family Educational Rights and Privacy Act of 1974".
PAGENO="0039"
29
(B) The first sentence of subparagraph (A) shall not operate to
make available to students in institutions of postsecondary education
the following materials:
(i) financial records of the parents of the student or any infor-
mation contained therein;
(ii) confidential letters and statements of recommendation,
which were placed in the education records prior to January 1,
1975, if such letters or statements are not used for purposes other
than those for which they were specifically intended;
(iii) if the student has signed a waiver of the student's right
of access under this subsection in accordance with subparagraph
(C), confidential recommendations-
(I) respecting admission to any educational agency or
institution.
(II) respecting an application for employment, and
(III) respecting the receipt of an honor or honorary
recognition.
(C) A student or a person applying for admission may waive his
right of access to confidential statements described in clause (iii) of
subparagraph (B), except that such waiver shall apply to recom-
mendations only if (i) the student is, upon request, notified of the
names of all persons making confidential recommendations and (ii)
such recommendations are used solely for the purposes for which they
were specifically intended. Such waivers may not be required as a con-
dition for admission to, receipt of ~Einancial aid from, or receipt of any
other services or benefits from such agency or institution.
(2) No funds shall be made available under any applicable program
to any educational agency or instii~ution unless the parents of students
who are or have been in attendance at a school of such agency or at such
institution are provided an opportunity for a hearing by such agency
or institution, in accordance with regulations of the Secretary, to chal-
lenge the content of such student's ~ducational records, in order to in-
sure that the records are not inaccurate, misleading, or otherwise in
violation of the privacy or other rights of students, and to provide an
opportunity for the correction or deletion of any such inaccurate, mis-
leading, or otherwise inappropriate data contained therein and to
insert into such records a written explanation of the parents respecting
the content of such records.
(3) For the purposes of this section the term "educational agency or
institution" means any public or private agency or institution which is
the recipient of funds under any applicable program.
(4) (A) For the purposes of this section, the term "education rec-
ords means, except as may be provided otherwise in subparagraph
(B), those records, files, documents, and other materials, which-
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution, or
by a person acting for such agenc~ or institution.
(B) The term "education records" d~es not include-
(i) records of instructional, supervisory, and administrative
personnel and educational personnel ancillary thereto which are
in the sole possession of the maker thereof and which are not ac-
cessible or revealed to any other person except a substitute;
PAGENO="0040"
30
(ii) if the personnel of a law enforcement unit do not have
access to education records under subsection (b) (1). the records
and documents of such law enforcement unit which (I). are kept
apart from records described in subparagraph (A) (II) are
maintained solely for law enforcement purposes, and (III) are
not made available to persons other than law enforcement officials
of the same jurisdiction;
(iii) in the case of persons who are employed by an educa-
tional agency or institution but who are not in attendance at such
agency or institution, records made and maintained in the normal
course of business which relate exclusively to such person in that
person's capacity as an employee a.nd are not available for use
for any other purpose; or
(iv) records on a student who is eighteen years of age or older,
or is attending an institution of postsecondary education, which
are made or maintained by a physician, psychiatrist, psychologist,
or other recognized professional or paraprofessional acting in his
professional or paraprofessional capacity, or assisting in that ca-
pacity, and which are made, maintained, or used only in connec-
tion with the provision of treatment to the student, and are not
available to anyone other than persons providing such treatment,
except that such records can be personally reviewed by a physician
or other appropriate professional of the student's choice.
(5) (A) For the purposes of this section the term "directory infor-
mation" relating to a student includes the following: the student's
name, address, telephone listing, date and Place of birth, major field
of study, participation in officially recognized activit.ies and sports,
weight and height of members of athletic teams, dates of attendance,
degrees and awards received, and the most recent previous educational
agency or institution attended by the student.
(B) Any educational agency or institution making public directory
information shall give public notice of the categories of information
which it has designated as such information with respect to each stu-
dent attending the institution or agency and shall allow a reasonable
period of time after such notice has been given for a parent to inform
the institution or agency that any or all of the information designated
should not be released without the parent's prior consent.
(b) (1) No funds shall be made available under any applicable pro-
gram to any educational agency or institution which has a policy or
practice of permitting the release of education records (or personally'
identifiable information contained therein other than directory in-
formation as defined in paragraph (5) of subsection (a)) of students
without tle written consent of their parents to any individual, agency,
or organization, other than to the following-
(A) other school officials, including teachers within the educa-
tional institution or local educational agency, who have been
determined by such agency or institution to have. legitimate ecluca-
tional interests;
(B) officials of other schools or school systems in which the
student seeks or intends to enroll, upon condition that the student's
parents be notified of the transfer, receive a copy of the record if
PAGENO="0041"
31
desired, and have an opportunity for a hearing to challenge the
content of the record;
(C) authorized representatives of (i) the Comptroller Gen-
eral of the United States, (ii) the Secretary, (iii) an administra-
tive head of an education agency (as defined in section 408(c),
or (iv) State educational authorities, under the conditions set
forth in paragraph (3) of this subsection;
(D) in connection with a student's application for, or receipt
of, financial aid;
(E) State and local officials or authorities to whom such infor-
mation is specifically required to be reported or disclosed pur-
suant to State statute adopted prior to November 19, 1974;,
(F) organizations conducting studies for, or on behalf of,
educational agencies or institutons for the purpose of developing,
validating, or administering predictive tests, administering stu-
dent aid programs, and improving instruction, if such studies are
conducted in such a manner as will not permit the personal identi-
fication of students and their parents by persons other than repre-
sentatives of such organizations and such information will be
destroyed when no longer needed for the purpose for which it is
conducted;
(G) accrediting organizations in order to carry out their ac-
crediting functions;
(H) parents of a dependent student of such parents, as defined
in section 152 of the Internal Revenue Code of 1954; and
(I) subject to regulations of the Secretary, in connection with
an emergency, appropriate persons if the knowledge of such in-
formation is necessary to protect the health or safety of the stu-
dent or other persons.
Nothing in clause (E) of this paragraph shall prevent a State from
further limiting the number or type of State or local officials who will
continue to have access thereunder.
(2) No funds shall be made available under any applicable pro-
gram to any educational agency or institution which has a policy or
practice of releasing, or providing access to, any personally identifi-
able information in education records other than directory informa-
tion, or as is permitted under paragraph (1) of this subsection.
(A) there is written consent from the student's parents speci-
fying records to be released, the reasons for such release, and to
whom, and with a copy of the records to be released to the stu-
dent's parents and the student if desired by the parents, or
(B) such information is *furnished in compliance with judi-
cial order, or pursuant to any lawfully issued subpoena, upon con-
dition that parents and the students are notified of all such orders
or subpoenas in advance of the compliance therewith by the educa-
tional institution or agency.
(3) Nothing contained in this section shall preclude authorized
representatives of (A) the Comptroller General of the United States,
(B) the Secretary, (C) an administrative head of an education agency
or (D) State educational authorities from having access to student
or other records which may be necessary in connection with the audit
and evaluation of Federally-supported education program, or in con-
nection with the enforcement of the Federal legal requirements which
PAGENO="0042"
32
relate to such programs: Provided, That except when collection of
personally identifiable information is specifically authorized by Fed-
eral law, any data collected by such officials shall be prot.ected in a
manner which will not permit the personal identification of students
and their parents by other than those officials, and such personally
identifiable data shall be destroyed when no longer needed for such
audit, evaluation, and enforcement of Federal legal requirements.
(4) (A) Each educational agency or institution shall maintain a
record, kept with the education records of each student, which will
indicate all individuals (other than those specified in paragraph (1)
(A) of this subsection), agencies, or organizations which have re-
quested or obtained access to a student's education records maintained
by such educational agency or institution, and which will indicate
specifically the legitimate interest that each such person, agency, or
organization has in obtaining this information. Such record of access
shall be available only to parents, to the school official and his assist-
ants who are responsible for the custody of such records, and to per-
sons or organizations authorized in, and uiider the conditions of,
clauses (A) and (C) of paragraph (1) as a means of auditing the
operation of the system.
(B) With respect to this subsection, personal information shall
only be transferred to a third party on the condition that such party
will not permit any other party to have access to such information
without the written consent of ~he parents of the student.
(c) The Secretary shall adopt appropriate regulations to protect
the rights of privacy of students and their families in connection with
any surveys or data-gathering activities conducted. assisted, or au-
thorized by the Secretary or an administrative head of an education
agency. Regula~tions established under this subsection shall include
provisions controlling the use, dissemination, and protection of such
data. No survey or data-gathering activities shall be conducted by
the Secretary, or an administrative head of an education agency under
an applicable program, unless such activities are authorized by law.
~(d) For the purposes of this section, whenever a student has at-
tained eighteen years of age, or is attending an institution of post-
secondary education the permission or consent required of and the
rights accorded to the parents of the student shall thereafter only be
required of and accorded to the student.
(e) No funds shall be made available under any applicable pro-
gram to any educational agency or institution unless such agency or
institution informs the parents of students, or the students, if they are
eighteen years of age or older, or are attending an institution of post-
secondary education, of the rights accorded them by this section.
(f) The Secretary, or an administrative head of an education
agency, shall take appropriate actions to enforce provisions of this
section and to deal with violations of this section~ according to the
provisions of this Act, except that action to terminate assistance may
be taken only if the Secretary finds there has been a failure to comply
with the provisions of this section, and lie has determined that compli-
ance cannot be secured by voluntary means.
(g) The Secretary shall establish or designate an office and review
board within the Department of Health, Education, and Welfare for
PAGENO="0043"
the purpose of investigating, processing, reviewing, and adjudicating
violations of the provisions of this section and complaints which may
be filed concerning alleged violations of this section. Except for the
conduct of hearings, none of the functions of the Secretary under this
section shall be carried out in any of the regional offices of such
Department.
(20 U.S.C. 1232g) Enacted Atigust 21, 1974, P.L. 93-380, sec. 513(a), 88 Stat.
571, 574; amended December 31, 1974, P.L. 93-568, sec. 2, 88 stat. 1858, 1860.
PROTECTION OF PUPIL RIGHTS
SEc. 439. All instructional material, including teacher's manuals,
films, tapes, or other supplementary instructional material which will
be used in connection with any research or experimentation program
or project shall be available for inspection by the parents or guardians
of the children engaged in such program or project. For the purpose
of this section "research or experimentation program or project" means
any program or project in any applicable program designed to explore
or develop new or unproven teaching methods or techniques.
(20 U.S.C. 1232h) Enacted August 21, 1974, P.L. 93-380, sec. 514(a), 88 Stat.
574.
LIMITATION ON WITHHOLDING OF FEDERAL FUNDS
SEc. 440. Except as provided in section 438(b) (1) (D) of this Act,
the refusal of a State or local educational agency or institution of
higher education, community college, school, agency offering a pre-
school program, or other educational institution to provide personally
identifiable. data on students or their families, as a part of any applica-
ble program, to ~a.ny Federal office, agency, department, or other third
party, on the grounds that it constitutes a violation of the right to
privacy and confidentiality of students or their parents, shall not con-
stitute sufficient grounds for the suspension or termination of Federal
assistance. Such a refusal shall also not constitute sufficient grounds for
a denial of, a refusal to consider, or a delay in the consideration of,
funding for sueh a recipient in succeeding fiscal years. In the case of
any dispute arising under this section, reasonable notice and oppor-
tunity for a hearing shall be afforded the applicant.
(20 U.S.C. 1232i) Enacted August 21, 1974, P.L. 93-380, sec. 515(a), 88
Stat. 574.
PART D-ADVISoRY COUNCILS
DEFINITIONS
SEc. 441. As used in this part, the term-
(1) "advisory council" means any committee, board, commis-
sion, council, or other similar group (A) established or organized
pursuant to any applicable statute, or (B) established under the
authority of section 442; but such term does not include State
advisory councils or commissions established pursuant to any such
statute;
(2) "statutory advisory council" means an advisory council
established by, or pursuant to, statute to advise and make recom-
PAGENO="0044"
34
mendations with respect to the administration or improvement of
an applicable program or other related matter;
(3) "nonstatutory advisory council" means an advisory co~mdil
which is (A) established under the authority of section 442, or
(B) established to advise and make recommendations with respect
to the approval of applications for grants or contracts as required
by statute;
(4) "Presidential advisory council" means a statutory advisory
council, the members of which are appointed by the President;
(5) "Secretarial advisory council" means a statutory advisory
council, the members of which are appointed by the Secretary;
(6) "Commissioner's advisory council" means a statutory ad-
visory council, the members of which are appointed by the Com-
missioner;
(`7) "applicable statute" means any statute (or title, part, or
section thereof) which authorizes an applicable program or con-
trols the administration of any such program.
(20 U.S.C. 1233) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a) (10),
84 Stat. 170; ienumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 326.
AUTHORIZATION FOR NECESSARY ADVISORY COUNCILS
SEC. 442. (a) The Commissioner is authorized to create, and appoint
the members of, such advisory councils as he determines in writing
to be necessary to advise him with respect to-
(1) the organization of the Office of Education and its con-
duct in the administration of applicable programs;
(2) recommendations for legislation regarding education pro-
grams and the means by which the educational needs of the Na-
tion may be met; and
(3) special problems and areas of special interest in education.
(b) Each advisory council created under the authority of subsec-
tion (a) shall terminate not later than one year from the date of its
creation unless the Commissioner determines in writing not more than
thirty days prior to the expiration of such one year that its existence
for an additional period, not to exceed one year, is necessary in order
to complete the recommendations or reports for which it was created.
(c) The Commissioner shall include in his report submitted pursu-
ant to section 448 a statement on all advisory councils created or
extended under the authority of this section and their activities.
(20 U.S.C. 1233a) Enacted April 13, 1970, P.L. 91-230, Title IV. sec. 401(a) (10),
84 Stat. 171; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 326.
MEMBERSHIP AND REPORTS OF STATUTORY ADVISORY COUNCILS
SEC. 443. (a) Notwithstanding any other provision of law unless ex-
pressly in limitation of the provisions of this section, each statutory
advisory council-
(1) shall be composed of the number of members provided by
statute who may be appointed, without regard to the provisions of
title 5, United States Code, governing appointment in the com-
petitive service, and shall serve for terms of not to exceed three
PAGENO="0045"
35
years, which in the case of initial members, shall be staggered;
and
(2) shall make an annual report of its activities, findings and
recommendations to the Congress not later than March 31 of each
calendar year, which shall be submitted with the Commissioner's
annual report.
The Commissioner shall not serve as a member of any such advisory
council.
(b) ~Where the President fails to appoint a member to fill a vacancy
in the membership of a Presidential advisory council within sixty days
after it occurs (or after the effective date of the statute creating such
council), then the Secretary shall immediately appoint a member to
fill such vacancy.
(20 U.s.c 1233b) Enacted April 13, 1970, PL. 91-230, Title IV, sec. 401 (a) (10),
84 Stat. 171; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86 Stat. 326;
amended August 21, 1974, P.L. 93-380, sec. 516(a), 88 Stat. 575.
COMPENSATION OF MEMBERS OF ADVISORY COIJNCILS
SEC. 444. Members of all advisory councils to which this part is
applicable who are not in the regular full-time employ of the United
States shall, while attending meetings or conferences of the advisory
council or otherwise engaged in the business of the advisory council,
be entitled to receive compensation at a rate fixed by the Conimis-
sioner, but not exceeding the rate specified at the time of such service
for grade GS-18 in section 5332 of title 5, United States Code, includ-
ing traveltime, and while so serving on the business of the advisory
council away from their homes or regular places of business, they may
be allowed travel expenses, including per diem in lieu of subsistence,. as
authorized by section 5703 of title 5, United States Code, for persons
employed intermittently in the Government service.
(20 U.S.C. 1233c) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a) (10),
84 Stat. 171; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86 Stat. 326.
PROFESSIONAL, TECHNICAL~ AND CLERICAL STAFF; TECHNICAL ASSISTANCE
SEC. 445. (a) Presidential advisory councils are authorized t.o ap-
point, without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, or otherwise obtain
the services of, such professional, technical, and clerical personnel as
may be necessary to enable them to carry out their functions, as
prescribed by law.
(b) The Assistant Secretary shall engage such personnel and tech-
nical assistance as may be required to permit Secretarial and Assistant
Secretary's advisory councils to carry out their function as prescribed
by law.
(c) Subject to regulations of the Assistant Secretary, Presidential
advisory councils are authorized to procure temporary and intermit-
tent services of such personnel as are necessary to the extent authorized
by section 3109 of title 5, United States Code, but at rates not to exceed
the rate specified at the time of such service for grade GS-18 in section
5332 of such title.
PAGENO="0046"
36
(d) No employee of an advisory council, appointed and cornpen-
sated pursuant to this section, shall be compensated at a rate in excess
of that which such employee would receive if such employee were
appointed subject to the appropriate provisions of title 5, United
States Code, regarding appointments to, and compensation with
respect to, the competitive service, except that-
(1) executive directors of Presidential advisory co~mcils shall
be compensated at the rate specified for employees placed in
grade 18 of the General Schedule set forth in section 5332 of such
title 5;
(2) executive directors of all other statutory advisory councils
shall be compensated at the rate provided for employees in grade
15 of such General Schedule; and
(3) in accordance with regulations promulgated by the Assist-
ant Secretary, other employees of advisory councils shall be com-
pensated at such rates as may be necessary to enable such advisory
councils to accomplish their purposes.
(20 U.S.C. 1233d) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a)
(10), 84 Stat. 171; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86
Stat. 326; amended August 21, 1974, P.L. 93-380, see. 517(a), 88 Stat. 575.
MEETINGS OF ADVISORY COUNCILS
SEC. 446. (a) Each statutory advisory council shall meet at the
call of the chairman thereof but not less than two times each year.
Nonstatutory advisory councils shall meet in accordance with regula-
tions promulgated by the Commissioner.
(b) Minutes of each meeting of each advisory council shall be kept
and shall contain a record of the persons present, a description of mat-
ters discussed and conclusions reached, and copies of all reports re-
ceived, issued, or approved by the advisory council. The accuracy of
all minutes shall be certified to by the chairman of the advisory
council.
(20 U.S.C. 1233e) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a)
(10), 84 Stat. 172; renumbered June 23, 1972, P.L. 92-318, sec. 301 (a) (1), 86
Stat. 326:
AUDITING AND REVIEW OF ADVISORY COUNCIL ACTIVITIES
SEC. 447. (a) Each statutory advisory council shall be subject to
such general regulations as the Commissioner may promulgate re-
specting the governance of statutory advisory councils and shall keep
such records of its activities as will fully disclose the disposition of
any funds which may be at its disposal and the nature and extent of
its activities in carrying out its functions.
(b) The Comptroller General of the United States, or any of his
duly authorized representatives, shall have access, for the purpose of
audit and examination, to any books, documents. papers, and records
of each advisory council which is subject to the operation of this part.
(20 U.S.C. 1233f) Enacted April 13, 1970. P.L. 91-230. Title IV. sec. 401 (a)
(10), 84 Stat. 172; renumbered June 23, 1972. P.L. 92-318. sec. 301 (a) (1), 86
Stat. 326; amended August 21, 1974, P.L. 93-380, sec. 517(b), 88 Stat. 575.
PAGENO="0047"
37
REPORT BY THE COMMISSIONER OF EDuCATION
SEC. 448. (a) Not later than March 31 of each calendar year after
1970, the Commissioner shall submit, as a part of the Commissioner's
annual report, a report on the activities of the advisory councils which
are subject to this part to the Committee on Labor and Public Welfare
of the Senate and the Committee on Education and Labor of the House
of Representatives. Such report shall contain, at least, a list of all
such advisory councils, the names and affiliations of their members, a
description of the function of each advisory council, and a statement
of the dates of the meetings of each such advisory council.
(b) If the Commissioner determines that a statutory advisory
council is not needed or that the functions of two or more statutory
advisory councils should be combined, he shall include in the report a
recommendation that such advisory council be abolished or that such
functions be combined. Unless there is an objection to such action by
either the Senate or the House of Representatives within ninety days
after the submission of such report, the Commissioner is authorized
to abolish such advisory council or combine the functions of two or
more advisory councils as recommended in such report.
(20 U.S.C. 1233g) Enacted April 13, 1970, P.L. 91-230, Title IV, sec. 401 (a)
(10), 84 Stat. 172; renumbered June 23, 1972, P.L. 92-318, sec. 301(a) (1), 86
Stat. 326.
RELATION TO OTHER LAWS
SEC. 449. (a) No provision of any law establishing, authorizing the
establishment of, or controlling the operation of, an advisory council
which is not consistent with the provisions of this part shall apply to
any advisory council to which this part applies.
(b) The provisions of subsections (e) and (f) of section 10 of the
Federal Advisory Committee Act shall not apply to Presidential
advisory councils (as defined in section 441).
(20 U.S.C. 1233h) Enacted August 21, 1974, P.L. 93-380, sec. 518(a), 88 Stat.
575.
CIVIL RIGHTS ACT OF 1964
(P.L. 88-352)
TITLE TV-DESEGREGATION OF PuBLIC EDUCATION
DEFINITIONS
SEC. 401. As used in this title-
(a) "Commissioner" means the Commissioner of Education.
(b) "Pesegregation" means the assignment of students to public
schools and within such schools without regard to their race, color,
religion, sex, or national origin, but "desegregation" shall not mean
the assignment of students to public schools in order to overcome racial
imbalance.
(c) "Public school" means any elementary or secondary educational
institution, and "public college" means any institution of higher edu-
cation or any technical or vocational school above the secondary
PAGENO="0048"
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school level, provided that such public school or public college is
operated by a State, subdivision of a State, or governmental agency
within a State, or operated wholly or predominantly from or through
the use of governmental funds or property, or funds or property de-
rived from a governmental source.
(d) "School board" means any agency or agencies which adminis-
ter a system of one or more public schools and any other agency which
is responsible for the assignment of students to or within such system.
SURVEY AND REPORT OP EDUCATIONAL OPPORTUNITIES
SEC. 402. The Commissioner shall conduct a survey and make a re-
port to the President and the Congress, within two years of the enact-
ment of this title, concerning the lack of availability of equal educa-
tional opportunities for individuals by reason of race, color, religion,
or national origin in public educational institutions at all levels in the
Tinited States, its territories and possessions, and the District of
Columbia.
TECHNICAL ASSISTANCE
SEC. 403. The Commissioner is authorized, upon the application of
any school board, State, municipality, school district, or other gov-
ernmental unit legally responsible for operating a public school or
schools, to render technical assistance to such applicant in the prepara-
tion, adoption, and implementation of plans for the desegregation of
public schools. Such technical assistance may, among other activities,
include making available to such agencies information regarding ef-
fective methods of coping with special educational problems occa-
sioned by desegregation, and making available to such agencies per-
sonnel of the Office of Education or other persons specially equipped
to advise and assist them in coping with such problems.
ThAINING INSTITUTES
SEC. 404. The Commissioner is authorized to arrange, through
grants or contracts, with institutions of higher education for the oper-
ation of short-term or regular session institutes for special training
designed to improve the ability of teachers, supervisors, counselors,
and other elementary or secondary school personnel to deal effectively
with special educational problems occasioned by desegregation. Indi-
viduals who attend such an institute on a full-time basis may be paid
stipends for the period of their attendance at such institute in amounts
specified by the Commissioner in regulations, including allowances for
travel to attend such institute.
GRANTS
SEC. 405. (a) The Commissioner is authorized, upon application of
a school board, to make grants to such board to pay, in whole or in
part, the cost of-
(1) giving to teachers and other school personnel inservice
training in dealing with problems incident to desegregation, and
(2) employing specialists to advise in problems incident to
desegregation.
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(b) In determining whether to make a grant, and in fixing the
amount thereof and the terms and conditions on which it will be made,
the Commissioner shall take into consideration the amount available
for grants under this section and the other applications which are
pending before him; the financial condition of the applicant and the
other resources available to it; the nature, extent, and gravity of its
problems incident to desegregation; and such other factors as he finds
relevant.
PAYMENTS
SEO. 406. Payments pursuant to a grant or contract under this title
may be made (after necessary adjustments on account of previously
made overpayments or underpayments) in advance or by way of reim-
bursement, and in such installments, as the Commissioner may
determine.
SUITS BY THE ATTORNEY GENERAL
SEc. 407. (a) Whenever the Attorney General receives a complaint
in writing-
(1) signed by a parent or group of parents to the effect that his
or their minor children, as members of a class of persons similarly
situated, are being deprived by a school board of the equal protec-
tion of the laws, or
(2) signed by an individual, or his parent, to the effect that he
has been denied admission to or not permitted to continue in
attendance at a public college by reason of race, color, religion,
sex, or national origin
and the Attorney General believes the complaint is meritorious and
certifies that the signer or signers of such complaint are unable, in his
judgment, to initiate and maintain appropriate legal proceedings for
relief and that the institution of an action will materially further the
orderly achievement of desegregation in public education, the Attorney
General is authorized, after giving notice of such complaint to the
appropriate school board or college authority and after certifying that
he is satisfied that such board or authority has had a reasonable time
to adjust the conditions alleged in such complaint, to institute for or
in the name of the United States a civil action in any appropriate
district court of the United States against such parties and for such
relief as may be appropriate, and such court shall have and shall exer-
cise jurisdiction of proceedings instituted pursuant to this section, pro-
vided that nothing herein shall empower any official or court of the
United States to issue any order seeking to achieve a racial balance in
any school by requiring the transportation of pupils or students frorri
one school to another or one school district to another in order to
achieve such racial balance, or otherwise enlarge the existing power of
the court to insure compliance with constitutional standards. The
Attorney General may implead as defendants such additional parties
as are or become necessary to the grant of effective relief hereunder.
(b) The Attorney General may deem a person or persons unable
to initiate and maintain appropriate legal proceedings within the
meanmg of subsection (a) of this section when such person or persons
are unable, either directly or through other interested persons or
44-078 0 - 75 - 4
PAGENO="0050"
40
organizations, to bear the expense of the litigation or to obtain effective
legal representation; or whenever he is satisfied that the mstitution
of such litigation would jeopardize the personal safety, employment,
or economic standing of such person or persons, their families, or their
property.
(c) The term "parent" as used in this section includes any person
standing in loco parentis. A "complaint" as used in this section is a
writing or document within the meaning of section 1001, title 18,
United States Code.
SEC. 408. In any action or proceeding under this title the Lrnted
States shall be liable for costs the same as a private person.
SEC. 409. Nothing in this title shall affect adversely the right of any
person to sue for or obtain relief in any court against discrimination
in public education.
SEC. 410. Nothing in this title shall prohibit classification and assign-
merit for reasons other than race, color, religion, sex, or national
origin.
(42 U.S.C. 2000e-2000c-9) Enacted July 2, 1964, P.L. 88-352, Title IV, 78
Stat. 246; amended June 23, 1972, P.L. 92-318, sec. 906(a), 86 Stat. 375.
CIVIL RIGHTS ACT OF 1964
(P.L. 88-352)
TITLE VI-Noi~msCRIMINA'rIoN Ix FEDERALLY ASSISTED PROGRAMS
SEC. 601. No person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
SEC. 602. Each Federal department and agency which is empowered
to extend Federal financial assistance to any program or activity, by
way of grant, loan, or contract other than a contract of insurance
or guaranty, is authorized and directed to effectuate the provisions of
section 601 with respect to such program or activity by issuing rules,
regulations, or orders of general applicability which shall be consist-
ent with achievement of the objectives of the statute authorizing the
financial assistance in connection with which the action is taken.
No such rule, regulation, or order shall become effective unless and
until approved by the President. Compliance with any requirement
adopted pursuant to this section may be effected (1) by the termina.-
tion of or refusal to grant or to continue assistance under such pro-
gram or activity to any recipient as to whom there has been au express
finding on the record, after opportunity for hearing, of a. failure to
comply with such requirement, but such termination or refusal shall
be limited to the particular political entity, or part. thereof~ or other
recipient as to whom such a finding has been made and, shall be limited
in its effect to the particular program, or part thereof, in which such
noncompliance has been so found, or (2) by any other means author-
ized by law: Provided, however, That no such action shall be taken
until the department or agency concerned has advised the appropriate
person or persons of the failure to comply with the requirement and
has determined that compliance cannot be secured by voluntary means.
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In the case of any action terminating, or refusing to grant or continue,
assistance because of failure to comply with a requirement imposed
pursuant to this section, the head of the Federal department or agency
shall file with the committees of the House and Senate having legis-
lative jurisdiction over the program or activity involved a full written
report of the circumstances and the grounds for such action. No such
action shall become effective until thirty days have elapsed after the
filing of such report.
SEC. 603. Any department or agency action taken pursuant to sec-
tion 602 shall be subject to such judicial review as may otherwise be
provided by law for similar action taken by such department or
agency on other grounds. In the case of action, not otherwise subject
to judicial review, terminating or refusing to grant or to continue
financial assistance upon a finding of failure to comply with any re-
quirement imposed pursuant to section 602, any persoii aggrieved (in-
cluding any State or political subdivision thereof and any agency of
either) may obtain judicial review of such action in accordance with
section 10 of the Administrative Procedure Act, and such action shall
not be deemed committed to unreviewable agency discretion within the
meaning of that section.
SEC. 604. Nothing contained in this title shall be construed to
authorize action under this title by any department or ageiicy with
respect to any employment practice of any employer, employment
agency, or labor organization except where a primary objective of the
Federal financial assistance is to provide employment.
SEC. 605. Nothing in this title shall add to or detract from any
existing authority with respect to any program or activity under
which Federal financial assistance is extended by way of a contract of
insurance or guaranty.
(42 U.S.C. 2000d-2000d-4) Enacted July 2, 1964, P.L. 88-352, Title VI, 78
Stat. 252.
EDUCATION AMENDMENTS OF 1~72
*
TITLE VIlI-GENERAL PRovISIoNS RELATING TO THE
ASSIGNMENT OR TIL&NSPORTATION OF STUDENTS1
PROHIBITION AGAINST ASSIGNMENT OR TRANSPORTATION OF STUDENTS TO
OVERCOME RACIAL IMBALANCE
SEC. 801. No provision of this Act shall be construed to require the
assignment or transportation of students or teachers in order to over-
come racial imbalance.
(20 U.S.C. 1651) Enacted June 23, 1972, P.L. 92-318, sec. 801, 86 Stat. 371.
PROHIBITION AGAINST USE OF APPROPRIATED FUNDS FOR BUSING
SEC. 802(a). No funds appropriated for the purpose of carrying out
any applicable program may be used for the transportation of students
or teachers (or for the purchase of equipment for such transportation)
in order to overcome racial imbalance in any school or school system, or
`Title VIII of P.L. 92-318.
PAGENO="0052"
42
for the transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to carry out a plan of
racial desegregation of any school or school system, except on the
express written voluntary request of appropriate local school officials.
No such funds shall be made available for transportation when the time
or distance of travel is so great as to risk the health of the children or
significantly impinge on the educational process of such children, or
where the educational opportunities available at the school to which it
is proposed that any such student be transported will be substantially
inferior to those opportunities offered at the school to which such stu-
dent would otherwise be assigned under a nondiscriminatory system of
school assignments based on geographic zones established without dis-
crimination on account of race, religion, color, or national origin.
(b) No officer, agent, or employee of the Department of Health,
Education, and Welfare (including the Office of Education), the
Department of Justice, or any other Federal agency shall, by rule,
regulation, order, guideline, or otherwise (1) urge, persuade, induce,
or require any local education agency, or any private nonprofit agency,
institution, or organization to use any funds derived from any State
or local sources for any purpose, unless constitutionally required, for
which Federal funds appropriated to carry out any applicable pro-
gram may not be used, as provided in this section, or (2) condition
the receipt of Federal funds under any Federal program upon any
action by any State or local public officer or employee which would
be prohibited by clause (1) on the part of a Federal officer or employee.
No officer, agent, or employee of the Department of Health, Education,
and Welfare (including the Office of Education) or any other Federal
agency shall urge, persuade, induce, or require any local education
agency to undertake transportation of any student where the time or
distance of travel is so great as to risk the health of the child or sig-
nificantly impinge on his or her educational process: or where the
educational opportunities available at the school to which it is proposed
that such student be transported will be substantially inferior to those
offered at the school to which such student would otherwise be
assigned under a nondiscriminatory system of school assignments based
on geographic zones established without discrimination on account of
race, religion, color, or national origin.
(c) An applicable program means a program to which the General
Education Provisions Act applies.
(20 U.S.C. 1652) Enacted rune 23, 1972, P.L. 92-318, sec. 802, 86 Stat. 371, 372.
PROVISION RELATING TO COtTRT APPEALS
SEC. 803. Notwithstanding any other law or provision of law, in
the case of any order on the part of any United States district court
which requires the transfer or transport of any student or students
from any school attendance area prescribed by competent State or
local authority for the purposes of achieving a balance among students
with respect to race, sex, religion, or socioeconomic status, the effective-
ness of such order shall be postponed until all appeals in connection
with such order have been exhausted or, in the event no appeals are
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43
taken, until the time for such appeals has expired. This section shall
expire. at midnight on January 1, 1974.
(20 U.S.C. 1653) Enacted June 23, 1972, P.L. 92-318, sec. 803, 86 Stat. 372.
PROVISION AUTHORIZING INTERVENTION IN COURT ORDERS
SEC. 804. A parent or guardian of a child, or parents or guardians
of children similarly situated, transported to a public school in accord-
ance with a court order, may seek to reopen or intervene in the further
implementation of such court order, currently in effect, if the. time. or
distance of travel is so great as to risk the health of the student or
significantly impinge on his or her educational process.
(20 U.S.C. 1654) Enacted June 23, 1972, P.L. 92-318, sec. 804, 86 Stat. 372.
PROVISION REQUIRING THAT RULES OF EVIDENCE BE UNIFORM
SEC. 805. The rules of evidence required to prove that State or local
authorities are practicing racial discrimination in assigning students
to public schools shall be uniform throughout the United States.
(20 U.S.C. 1655) Enacted June 23, 1972, P.L. 92-318, sec. 805, 86 Stat. 372.
APPLICATION OF PROVISO OF SECTION 407 (~) OF THE CIVIL RIGHTS ACT OF
1964 TO THE ENTIRE UNITED STATES
SEC. 806. The proviso of section 407(a) of the Civil Rights Act of
1964 providing in substance that no court or official of the United
States shall be empowered to issue any order seeking to achieve a racial
balance in any school by requiring the transportation of pupils or stu-
dents from one school to another or one school district to another in
order to achieve such racial balance, or otherwise enlarge the existing
power of the court to insure compliance with constitutional standards
shall apply to all public school pupils and to every public school sys-
tem, public school and public school board, as defined by title IV,
under all circumstances and conditions and at all times in every State,
district, territory, Commonwealth, or possession of the United States
regardless of whether the residence of such public school pupils or the
principal offices of such public school system, public school or public
school board is situated in the northern, eastern, western, or southern
part of the United States.
(20 U.S.C. 165G) Enacted June 23, 1972, P.11. 92-318, see. 806, 86 Stat. 373.
TITLE TX-PROHIBITION OF SEX DISCRIMINATION 1
SEX DISCRIMINATION PROHIBITED
SEC. 901. (a) No person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the benefits of, orbe
subjected to discrimination under any education program or activity
receiving Federal financial assistance, except that:
(1) in regard to admissions to educational institutions, this
section shall apply only to institutions of vocational education,
professional education, and graduate higher education, and to
public institutions of undergraduate higher education;
~ Title IX of P.L. 92-318.
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* (2) in regard to admissions to educational institutions, this
section shall not apply (A) for one year from the date of enact-
ment of this Act, nor for six years after such date in the case of an
educational institution which has begun the lrocess of changing
from being an institution which admits only students of one sex
to being an institution which admits students of both sexes, but
only if it is carrying out a plan for such a change which is
approved by the Commissioner of Education or (B) for seven
years from the date an educational institution begins the process of
changing from being an institution which admits only students
of only one sex to being an institution which admits students of
both sexes, but only if it is carrying out a plan for such a change
which is approved by the Commissioner of Education, whichever
is the later;
(3) this section shall not apply to an educational institution
which is controlled by a religious organization if the application
of this subsection would not be consistent with the religious tenets
of such organization;
(4) this section shall not apply to an educational institution
whose primary purpose is the training of individuals for the mili-
tary services of the United States, or the merchant marine; and
(5) in regard to admissions this section shall not apply to any
public institution of undergraduate higher education which is an
institution that traditionally and continually from its establish-
ment has had a policy of admitting only students of one sex.
(b) Nothing contained in subsection (a) of this section shall be
interpreted to require any educational institution to grant preferential
or disparate treatment to the members of one sex on account of an
imbalance which may exist with respect to the total number or percent-
age of persons of that sex participating in or receiving the benefits
of any federally supported program or activity, in comparison with
the total number or percentage of persons of that sex in any commu-
nity, State, section, or other area: Provided, That this subsection shall
not be construed to prevent the consideration in any hearing or pro-
ceeding under this title of statistical evidence tending to show that
such an imbalance exists with respect to the participation in. or receipt
of the benefits of, any such program or activity by the members of
one sex.
(c) For purposes of this title an educational institution means any
public or private preschool, elementary. or secondary school, or any
institution of vocational, professional, or higher education, except that
in the case of an educational institution composed of more than one
school, college, or department which are administratively separate
units, such term means each such school, college, or department.
(20 u.S.C. 1681) Enacted J~une 23, 1972, P.L. 92-318, sec. 901, 86 Stat. 373, 374.
FEDERAL ADMINISTRATIVE ENFORCEMENT
SEC. 902. Each Federal department and agency which is empowered
to extend Federal financial assistance to any education program of
activity, by way of grant, loan, or contract other than a contract of
PAGENO="0055"
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insurance or guaranty, is authorized and directed to effectuate the
provisions of section 901 with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the statute
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become effective
unless and until approved by the President. Compliance with any
requirement adopted pursuant to this section may be effected (1) by
the termination of or refusal to grant or to continue assistance under
such program or activity to any recipient as to whom there has been
an express finding on the record, after opportunity for hearing, of a
failure to comply with such requirement, but such termination or
refusal shall be limited to the particular political entity, or part there-
of, or other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or part thereof,
in which such noncompliance has been so found, or (2) by any other
means authorized by law: Provided, however, That no such action shall
be taken until the department or agency concerned has advised the ap-
propriate person or persons of the failure to comply with the require-
ment and has determined that compliance cannot be secured by volun-
tary means. In the case of any action terminating, or refusing to grant
or continue, assistance because of failure to comply with a requirement
imposed pursuant to this section, the head of the Federal department
or agency shall file with the committees of the House and Senate having
legislative jurisdiction over the program or activity involved a full
written report of the circumstances and the grounds for such action.
No such action shall become effective until thirty days have elapsed
after the filing of such report.
(20 U.S.C. 1682) Enacted June 23, 1972, P.L. 92-318, sec. 002, 86 Stat. 374.
,TUDICIAL REVIEW
SEC. 903. Any department or agency action taken pursuant to sec-
tion 1002 1 shall be subject to such judicial review as may otherwise be
provided by law for similar action taken by such department or agency
on other grounds. In the case of action, not otherwise subject to judicial
review, terrninatin~ or refusing to grant or to continue financial
assistance upon a finding of failure to comply with any requirement
imposed pursuant to section 902, any person aggrieved (including any
State or political subdivision thereof and any agency of either) may
obtain judicial review of such action in accordance with chapter 7 of
title 5, United States Code, and such action shall not be deemed com-
mitted to unreviewable agency discretion within the meaning of sec-
tion 701 of that title.
(20 U.S.C. 1683) Enacted June 23, 1972, P.I~. 92-318, sec. 903, 86 Stat. 374, 375.
PROHIBITION AGAINST DISCRIMINATION AGAINST THE BLIND
SEC. 904. No person in the United States shaTi, on the ground of
blindness or severely impaired vision, be denied admission in any
course of study by a recipient of Federal financial assistance for any
1 Apparent error; should be 902.
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educational program or activity, but nothing herein shall be construed
to require any such institution to provide any special services to such
person because of his blindness or visual impairment.
(20 U.S.C. 1684) Enacted June 23, 1972, P.L. 92-318, sec. 904, 86 Stat. 375.
EREECT ON OT~R LAWS
SEC. 905 Nothing in this title shall add to or detract from any
existing authority with respect to any program or activity under
which Federal financial assistance is extended by way of a contract of
insurance or guaranty.
(20 U.S.C. 1685) Enacted June 23, 1972, P.L. 92-318, sec. 905, 86 Stat. 375.
(SEC. 906 makes conforming amendments to other provisions of
law.)
INTERPRETATION WITH RESPECT TO LIVING FACILITIES
SEC. 907. Notwithstanding anything to the contrary contained in
this title, nothing contained herein shall be construed to prohibit any
educational institution receiving funds under this Act, from main-
taining separate living facilities for the different sexes.
(20 U.S.C. 1686) Enacted June 23, 1972, P.L. 92-318, sec. 907, 86 Stat. 375.
ELEMENTARY AND SECONDARY EDUCATION AMEND-
MENTS OF 1966
(P.L. 89-750)
AN ACT To strengthen and improve programs of assistance for elementary and
secondary schools, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assemb7ed, That this Act may
be cited as the "Elementary and Secondary Education Amendments
of 1966".
TITLE I-AMENDMENT TO `rm~ ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
* *
PART H-RACIAL IMBALANCE AND COMPLIANCE WITH CIVIL RIGHTS
ACT OF 1964
* * *
COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964
SEC. 182. The Commissioner of Education shall not defer action or
order action deferred on any application by a local educational agency
for funds authorized to be appropriated by this Act, by the Elemen-
tary and Secondary Education Act of 1965, by the Act of Septem-
ber 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of
September 23, 1950 (Public Law 815, Eighty-first Congress), or by
PAGENO="0057"
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the Cooperative Research Act, on the basis of alleged noncompliance
with the provisions of title VI of the Civil Rights Act of 1964 for
more than sixty days after notice is given to such local agency of such
deferral unless such local agency is given the opportunity for a hear-
ing as provided in section 602 of title VI of the Civil Rights Act of
1964, such hearing to be held within sixty days of such notice, unless
the time for such hearing is extended by mutual consent of such local
agency and the Commissioner, and such deferral shall not continue
for more than thirty days after the close of any such hearing unless
there has been an express finding on the record of such hearing that
such local educational agency has failed to comply with the provisions
of title VI of the Civil Rights Act of 1964: Provided, That, for the
purpose of determining whether a local educational agency is in com-
pliance with title VI of the Civil Rights Act of 1964 (Public Law
88-352), compliance by such agency with a final order or judgment
of a Federal court for the desegregation of the school or school system
operated by such agency shall be deemed to be compliance with such
title VI, insofar as the matters covered in the order or judgment are
concerned.
(42 U.S.C. 2000d-5) Enacted Nov. 3, 1966, P.L. 89-750, 80 Stat. 1209; amended
Jan. 2, 1968, P.L. 90-247, Title I, sec. 112, 81 Stat. 1787.
* * * * * * *
ELEMENTARY AND SECONDARY EDUCATION AMEND-
MENTS OF 1969
(P.L. 91-230)
AN ACT To extend programs of assistance for elementary and secondary
education and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
POLICY WITH RESPECT TO THE APPLICATION OF CERTAIN PROVISIONS OF
FEDERAL LAW
SEC. 2. (a) It is the policy of the United States that guidelines and
criteria established pursuant to title VI of the Civil Rights Act of
1964 and section 182 of the Elementary and Secondary Education*
Amendments of 1966 dealing with conditions of segregation by race,
whether de jure or de facto, in the schools of the local educational
agencies of any State shall be applied uniformly in all regions of the
United States whatever the origin or cause of such segregation.
(b) Such uniformity refers to one policy applied uniformly to de
jure segregation wherever found and such other policy as may be pro-
vided pursuant to law applied uniformly to de facto segregation
wherever found.
(c) Nothing in this section shall be construed to diminish the
obligation of responsible officials to enforce or comply with such
guidelines and criteria in order to eliminate discrimination in fed-
erally assisted programs and activities as required by title VI of the
Civil Rights Act of 1964.
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48
(d) It is the sense of the Congress that the Department of Justice
and the Department of Health, Education, a.nd Welfare should
request such additional funds as may be necessary to apply the policy
set forth in this section throughout the United States.
Enacted April 13, 1970, P.L. 91-230, see. 2, 84 Stat. 121.
TITLE IT-EQUAL EDUCATIONAL OPPoRTuxrrlIs AND
THE TRANSPORTATION OF STUDENTS 1
SHORT TITLE
SEC. 201. This title may be cited as the "Equal Educational Oppor-
tunities Act of 1974".
PART A-EQUAL EDUCATIONAL OPPORTUNITIES
Subpart 1-Policy and Purpose
DECLARATION OF POLICY
SEC. 202. (a) The Congress declares it to be the policy of the United
States that-
(1) all children enrolled in public schools are entitled to equal
educational opportunity without regard to race, color, sex, or na-
tional origin; and
(2) the neighborhood is the appropriate basis for determining
public school assignments.
(b) In order to carry out this policy, it is the purpose of this part
to specify appropriate remedies for the orderly removal of the vestiges
of the dual school system.
(20 U.S.C. 1701) Enacted August 21, 1974, P.L. 93-380, sec. 202, 88 Stat. 514.
FINDINGS
SEC. 203. (a) The Congress finds that-
(1) the maintenance of dual school systems in which students
are assigned to schools solely on the basis of race, color, sex, or
national origin denies to those students the equal protection of
the laws guaranteed by the fourteenth amendment;
(2) for the purpose of abolishing dual school systems and elim-
inating the vestiges thereof, many local educational agencies have
been required to reorganize their school systems, to reassign stu-
dents, and to engage in the extensive transportation of students;
(3) the implementation of desegregation plans that require
extensive student transportation has, in many cases, required local
educational agencies to expend large amount of funds, thereby
depleting their financial resources available for the maintenance
or improvement of the quality of educational facilities and
instruction provided;
(4) transportation of students which creates serious risks to
their health and safety, disrupts the educational process carried
`Title H of P.L. 93-380.
PAGENO="0059"
49
out with respect to such students, and impinges significantly on
their educational opportunity, is excessive;
(5) the risks and harms created by excessive transportation are
particularly great for children enrolled in the first six grades;
and
(6) the guidelines provided by the courts for fashioning reme-
dies to dismantle dual school systems have been, as the Supreme
Court of the United States has said, "incomplete and imperfect,"
and have not established, a clear, rational, and uniform standard
for determining the extent to which a local educational agency is
required to reassign and transport its students in order to elim-
inate the vestiges of a dual school system.
(b) For the foregoing reasons, it is necessary and proper that
the Congress, pursuant to the powers granted to it by the Constitution
of the United States, specify appropriate remedies for the elimination
of the vestiges of dual school systems, except that the provisions of
this title are not intended to modify or diminish the authority of the
courts of the United States to enforce fully the fifth and fourteenth
amendments to the Constitution of the United States.
(20 U.S.C. 1702) Enacted August 21, 1974, P.L. 93-380, sec. 203, 88 Stat. 514,
515.
Subpart 2-Unlawful Practices
DENTAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED
SEC. 204. No State shall deny equal educational opportunity to an
individual on account of his or her race, color, sex, or national origin,
by-
(a) the deliberate segregation by an educational agency of
students on the basis of race, color, or national origin among or
within schools;
(b) the failure of an educational agency which has formerly
practiced such deliberate segregation to take affirmative steps,
consistent with subpart 4 of this title, to remove the vestiges of
a dual school system;
(c) the assignment by an educational agency of a student to
a school, other than the one closest to his or her place of residence
within the school district in which he or she resides, if the assign-
ment results in a greater degree of segregation of students on the
basis of race, color, sex, or national origin among the schools of
such agency than would result if such student were assigned to the
school closest to his or `her place of residence within the school
district of such agency providing the appropriate grade level
and type of education for such student;
(d) discrimination by an educational agency on the basis of
race, color, or national origin in the employment, employment
conditions, or assignment to schools of its faculty or staff, except
to fulfill the purposes of subsection (f) below;
(e) the transfer by an educational agency, whether voluntary
or otherwise, of a student from one school to another if the
purpose and effect of such transfer is to increase segregation of
students on the basis of race, color, or national origin among the
schools of such agency; or
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(f) the failure by an educational agency to take appropriate
action to overcome language barriers that impede equal partici-
pation by its students in its instructional programs.
(20 U.S.C. 1703) Enacted August 21, 1974, P.L. 93-380, see. 204, 88 Stat. 515.
BALANCE NOT REQUIRED
SEC. 205. The failure of an educational agency to attain a balance,
on the basis of race, color, sex, or national origin, of students among
its schools shall not constitute a denial of equal educational oppor-
tunity, or equal protection of the laws.
(20 U.S.C. 1704) Enacted August 21, 1974, P.L. 93-380, sec. 205, 88 Stat. 515.
ASSIGNMENT ON NEIGHBORHOOD BASIS NOT A DENIAL OF EQUAL
EDUCATIONAL OPPORTITNITY
SEC. 206. Subject to the other provisions of this part, the assignment
by an educational agency of a student to the school nearest. his place
of residence which provides the appropriate grade level and type. of
education for such student is not a~ denial of equal educational oppor-
tunity or of equal protection of the laws unless such assignment is for
the purpose of segregating students on the basis of race, color, sex, or
national origin, or the school to which such student is assigned was
located on its site for the purpose of segregating students on such
basis.
(20 U.S.C. 1705) Enacted August 21, 1974, P.L. 93-380, sec. 206, 88 Stat. 515,
516.
Subpart 3-Enforcement
CIVIL ACTIONS
SEC. 207. An individual denied an equal educational opportunity, as
defined by this part may institute a civil action in an appropriate dis-
trict court of the United States against such parties, and for such
relief, as may be appropriate. The Attorney General of the United
States (hereinafter in this title referred to as the "Attorney General"),
for or in the name of the United States, may also institute such a civil
action on behalf of such an individual.
(20 U.S.C. 1706) Enacted August 21, 1974, P.L. 93-380, sec. 207, 88 Stat. 516.
EFFECT OF CERTAIN POPULATION CHANGES ON CERTAIN ACTIONS
SEC. 208. When a court of competent jurisdiction determines that a
school system is desegregated, or that it meets the constitutional
requirements, or that it is a unitary system, or that it has no vestiges
of a dual system, and thereafter residential shifts in population occur
which result in school population changes in any school within such
a desegregated school system, such school population changes so occur-
ring shall not, per se, constitute a cause for civil action for a new plan
of desegregation or for modification of the court approved plan.
(20 U.S.C. 1707) Enacted August 21, 1974, P.L. 93-380, sec. 208, 88 Stat 516.
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JURISDICTION OF DISTRICT COURTS
SEC. 209. The appropriate district court of the United States shall
have and exercise jurisdiction of proceedings instituted under section
207.
(20 U.S.C. 1708) Enacted August 21, 1974, P.L. 93-380, sec. 209, 88 Stat. 516.
INTERVENTION BY ATI'ORNEY GENERAL
SEC. 210. Whenever a civil action is instituted under section 207 by
an individual, the Attorney General may intervene in such action upon
timely application.
(20 U.S.C. 1709) Enacted August 21, 1974, P.L. 93-380, sec. 210, 88 Stat. 516.
SUITS BY THE ATTORNEY GENERAL
SEC. 211. The Attorney General shall not institute a civil action
under section 207 before he-
(a) gives to the appropriate educational agency notice of the
condition or conditions which, in his judgment, constitute a
violation of subpart 2 of this part; and
(b) certifies to the appropriate district court of the United
States that he is satisfied that such educational agency has not,
within a reasonable time after such notice, undertaken appro-
priate remedial action.
(20 U.S.C. 1710) Enacted August 21, 1974, P.L. 93-380, sec. 211, 88 Stat. 516.
Subpart 4-Remedies
FORMULATING REMEDIES; APPLICABILITY
SEC. 213. In formulating a remedy for a denial of equal educational
opportunity or a denial of the equal protection of the laws, a court,
department, or agency of the United States shall seek or impose only
such remedies as are essential to correct particular denials of equal
educational opportunity or equal protection of the laws.
(20 U.S.C. 1712) Enacted August 21, 1974, P.L. 93-380, sec. 213, 88 Stat. 516.
PRIORITY OF REMEDIES
SEC. 214. In formulating a remedy for a denial of equal educational
opportunity or a denial of the equal protection of the laws, which may
involve directly or indirectly the transportation of students, a court,
department, or agency of the United States shall consider and make
specific findings on the efficacy in correcting such denial of the follow-
ing remedies and shall require implementation of the first of the
remedies set out below, or of the first combination thereof which would
remedy such denial:
(a) assigning students to the schools closest to their places of
residence which provide the appropriate grade level and type of
education for such students, taking into account school capacities
and natural physical barriers;
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(b) assigning students to the schools closest to their places of
residence which provide the appropriate grade level and type of
education for such students, taking into account only school
capacities;
(c) permitting students to transfer from a school in which a
majority of the students are of their race, color, or national origin
to a school in which a minority of the students are of their race,
color, or national origin;
(ci) the creation or revision of attendance zones or grade struc-
tures without requiring transportation beyond that described in
section 215;
(e) the construction of new schools or the closing of inferior
schools;
(f) the construction or establishment of magnet schools; or
(g) the development and implementation of any other plan
which is educationally sound and administratively feasible, sub-
ject to the provisions of sections 215 and 216 of this part.
(20 U.S.C. 1713) Enacted August 21, 1974, P.L. 93-380, sec. 214. SS Stat. 517.
TRANSPORTATION OF STUDENTS
SEC. 215. (a) No court, department, or agency of the United States
shall, puirsuaiut to section 214, order the implementation of a plan that
would require the transportation of any student to a school other than
the school closest or next closest to his place of residence which pro-
vides the appropriate grade level and type of education for such
student.
(b) No court, department, or agency of the United States shall
require directly or indirectly the transportation of any student if such
transportation poses a risk to the health of such student or constitutes
a significant impingement on the educational process with respect to
such student.
(c) ~Then a court of competent jurisdiction determines that a school
system is desegregated, or that it meets the constitutional requirements,
or that it is a unitary system, or that it has no vestiges of a dual sys-
tem, and thereafter residential shifts in population occur which result
in school population changes in any school within such a. desegregated
school system, no educational agency because of such shifts shall be
required by any court, department, or agency of the United States
to formulate, or implement any new desegregation plan, or modify or
implement any modification of the court approved desegregation phan~
which would require transportation of students to compensate wholly
or in part for such shifts in school population so occurring.
(20 U.S.C. 1714) enacted August 21, 1974, P.L. 93-380, sec. 215, 88 Stat. 517.
DISTRICT LINES
SEC. 216. In the formulation of remedies under section `213 or 214
of this part the lines drawn by a State, subdividing its territory into
separate school districts, shall not be ignored or altered except where
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it is established that the lines were drawn for the purpose, and had the
effect, of segregating children among public schools on the basis of
race, cOlor, sex, or national origin.
(20 U.S.C. 1715) Enacted August 21, 1974, P.L. 93-380, sec. 216, 88 Stat. 518.
VOLUNTARY ADOPTION OF REMEDIES
SEC. 217. Nothing in this part prohibits an educational ageffcy from
proposing, adopting, requiring, or implementing any plan of desegre-
gation, otherwise lawful, that is at variance with the standards set out
in this part nor shall any court, department, or agency of the Uuited
States be prohibited from approving implementation of a plan which
goes beyond what can be required under this part, if such plan is
voluntarily proposed by the appropriate educational agency.
(2~ U.S.C. 1716) Enacted August 21, 1974, P.L. 93-380, sec. 217, 88 Stat. 518.
REOPENING PROCEEDINGS
SEC. 218. A parent or guardian of a child, or parents or guardians
of children similarly situated, transported to a public school in accord-
ance with a court order, or an educational agency subject to a court
order or a desegregation plan under title VI of the Civil Rights Act
of 1964 in effect on the date of the enactment of this part and intended
to end segregation of students on the basis of race, color, or national
origin, may seek to reopen or intervene in the further implementation
of such court order, currently in effect, if the time or distance of
travel is so great as to risk the health of the student or significantly
impinge on his or her educational process.
(20 U.S.C. 1717) Enacted August 21, 1974, P.L. 93-380, sec. 218, 88 Stat. 518.
LIMITATION ON ORDERS
~ 219. Any court order requiring, directly or indirectly, the
transportation of students for the purpose of remedying a denial of
the equal protection of the laws may, to the extent of such transpor-
tation, be terminated if the court finds the defendant educational
agency has satisfied the requirements of the fifth or fourteenth amend-
ments to the Constitution, whichever is applicable, and will continue
to be in compliance with the requirements thereof. The court of
initial jurisdiction shall state in its order the basis for any decision
to terminate an order pursuant to this section, and the termination
of any order pursuant to this section shall be stayed pending a final
appeal or, in the event no appeal is taken, until the time for any such
appeal has expired. No additional order requiring such educational
agency to transport students for such purpose shall be entered unless
such agency is found not to have satisfied the requirements of the fifth
or fourteenth amendments to the Constitution, whichever is applicable.
(20 U.S.C. 1718) Enacted August 21, 1974, P.L. 93-380, sec. 219, 88 Stat. 518.
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Subpart 5-Definitions
SEC. 221. For the purposes of this part-
(a) The term "educational agency" means a local educational
agency or a "State educational agency" as defined by section 801 (k)
of the Elementary and Secondary Education Act of 1965.
(b) The term "local educational agency" means a local educational
agency as defined by section 801(f) of the Elementary and Secondary
Education Act of 1965.
(c) The term "segregation" means the operation of a school system
in which students are wholly or substantially separated among the
schools of an educational agency on the basis of race, color, sex, or
national origin or within a school on the basis of race, color, or national
origin.
(d) The term "desegregation" means desegregation as defined by
section 401 (b) of the Civil Rights Acts of 1964.
(e) An educational agency shall be deemed to transport a student
if any part of the cost of such student's transportation is paid by such
agency.
(20 U.S.C. 1720) Enacted August 21, 1974, P.L. 94-380, sec. 221, 88 Stat. 518, 519.
Subpart 6-Miscellaneous Provisions
REPEALER
SEC. 222. Section 709 (a) (3) of the Emergency School Aid Act is
hereby repealed.
SEPARABILITY OF PROVISIONS
SEC. 223. If any provision of this part or of any amendment made
by this part, or the application of any such provision to any person or
circumstance, is held invalid, the remainder of the previsions of this
part and the amendments made by this part and the application of
such provision to other persons or circumstances shall not be affected
thereby.
(20 U.S.C. 1721) Enacted August 21, 1974, P.L. 93-380, sec. 223, 88 Stat. 519.
PART B-OTHER PROVISIONS RELATING TO TEl ASSIGNMENT AND
TRANSPORTATION OF STUDENTS
PROHIBITION AGAINST ASSIGNMENT OR TRANSPORTATION OF STUDENTS
TO OVERCOME RACIAL IMBALANCE
SEC. 251. No provision of this Act shall be construed to require the
assignment or transportation of students or teachers in order to over-
come racial imbalance.
(20 U.S.C. 1751) Enacted August 21, 1974, P.L. 93-380, sec. 251, 88 Stat. 519.
(Sec. 252 is an amendment to sec. 420 of the General Education Provisions Act,
20 U.S.C. 1228).
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PROVISION RELATING TO COURT APPEALS
SEC. 253. Notwithstanding any other law or provision of law, in the
case of any order on the part of any United States district court which
requires the transfer or transportation of any student or students from
any school attendance area prescribed by competent State or local
authority for the purposes of achieving a balance among students with
respect to race, sex, religion, or socioeconomic status, the effectiveness
of such order shall be postponed until all appeals in connection. with
such order have been exhausted or, in the event no appeals are taken,
until the time for such appeals has expired. This section shall expire
at midnight on June 30, 1978.
(20 U.S.C. 1752) Enacted August 21, 1974, P.L. 93-380, sec. 253, 88 Stat. 519, 520.
PROVISION REQUIRING THAT RULES OF EVIDENCE BE UNIFORM
SEC. 254. The rules of evidence required to prove that State or local
authorities are practicing racial discrimination in assigning students
to public schools shall be uniform throughout the United States.
(20 U.S.C. 1753) Enacted August 21, 1974, P.L. 93-380, sec. 254, 88 Stat. 520.
APPLICATION OF PROVISO OF SECTION 407 (~) OF THE CIVIL RIGHTS ACT
OF 1064 TO THE ENTIRE UNITED STATES
SEC. 255. The proviso of section 407 (a) of the Civil Rights Act of
1964 providing in substance that no court or official of the United
States shall be empowered to issue any order seeking to achieve a
racial balance in any school by requiring the transportation of pupils
or students from one school to another or one school district to another
in order to achieve such racial balance, or therwise enlarge the exist-
ing power of the court to insure compliance with constitutional stand-
ards shall apply to all public school pupils and to every public school
system, public school and public school board, as defined by title IV,
under all circumstances and conditions and at all times in every State,
district, territory, Commonwealth, or possession of the United States,
regardless of whether the residence of such public school pupils or
the principal offices of such public school system, public school or pub-
lic school board is situated in the northern, eastern, western, or south-
ern part of the United States.
(20 U.S.C. 1754) Enacted August 21, 1974, P.L. 93-380, sec. 255, 88 Stat. 520.
ADDITIONAL PRIORITY OF REMEDIES
SEC. 256. Notwithstanding any other provision of law, after June
30, 1974 no court of the United States shall order the implementation
of any plan to remedy a finding of de lure segregation which involves
the transportation of students, unless the court first finds that all al-
ternative remedies are inadequate.
(20 U.S.C. 1755) Enacted August 21, 1974, P.L. 93-380, sec. 256, 88 Stat. 520.
44-078 0 - 75 -
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REMEDIES WITH RESPECT TO SCHOOL DISTRICT LINES
SEC. 257. In tile formulation of reilledieS under this title tile lines
drawn by a State subdividing its territory into separate school dis-
tricts, shall not be ignored or altered except where it is established
that tile lines were drawn, or maintained or crossed for the purpose,
and had the effect of segregating children among public schools on
tile basis of race, color, sex, or national origin, or where it is established
that, as a result of discriminatory actions within the school districts,
the lines have had the effect of segregating children among public
schools on the basis of race, color, sex, or national origin.
(20 U.S.C. 1756) Enacted August 21, 1974, P.L. 93-380, sec. 257, 88 Stat. 520.
PROHIBITION OF FORCED BUSING DURING SCHOOL YEAR
SEC. 258. (a) The Congress finds that-
(1) the forced transportation of elementary and secondary
school students in implementation of the constitutional reqmre-
ment for the desegregation of such schools is controversial and
difficult under the best planning and administration; and
(2) the forced transportation of elementary and secondary
school students after the commencement of an academic school
year is educationally unsound and administratively inefficient.
(b) Notwithstanding any other provisions of law, no order of a
court, department, or agency of the United States, requiring the trans-
portation of any student incident to the transfer of that student from
one elementary or secondary school to another such school in a local
educational agency purs~aiit to a plan requiring such transportation
for the racial desegregation of any school in that agency. shall be
effective until the beginning of an academic school year.
(c) For the purpose of this section, the term "academic school year"
means, pursuant to regulations promulgated by the Commissioner,
the customary beginning of classes for the school year at an elementary
or secondary school of a local educational agency for a school year
that occurs not more often than once in any twelve-month period.
(d) The provisions of this section apply to any order which was
not implemented at the beginning of the 1974-1975 academic year.
(20 U.S.C. 1757) Enacted August 21, 1974. P.L. 93-380. sec. 258. 88 Stat. 520, 521.
REASONABLE TIME FOR DEVELOPING VOLUNTARY PLAN FOR DESEGREGATING
SCHOOLS
SEC. 259. Notwithstanding any other law or provision of law, no
court or officer of the United States shall enter. as a remedy for a
denial of equal educational opportumty or a denial of equal protection
of the laws, any order for enforcement of a. plan of desegregation or
modification of a court-approved plan, until such time as ~he local
educational agency to be affected by such order has been provided
notice of the details of the violation and given a reasonable opportunity
to develop a voluntary remedial plan. Such time shall permit the
local educational agency sufficient opportumt.v for community partici-
pation in the development of a remedial plan.
(20 U.S.C. 1758) Enacted August 21, 1974, P.L. 93-380, sec. 259, 88 Stat. 521.
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PART 11-ELEMENTARY AND SECONDARY PROGRAMS
Elementary and Secondary Education Act of 1965
TITLE I-FINANCIAL ASSISTANCE TO LOCAL EDTJCA-
TIONAL AGENCIES FOR THE EDUCATION OF CHIL-
DREN OF LOW-INCOME FAMILIES
DECLARATION OF POLICY
SEC. 101. In recognition of the special educational needs of children
of low-income families and the impact that concentrations of low-
income families have on the ability of local educational agencies
to support adequate educational programs, the Congress hereby
declares it to be the policy of the United States to provide financial
assistance (as set forth in the following parts of this title) to local
educational agencies serving areas with concentrations of children
from low-income families to expand and improve their educational
programs by various means (including preschool programs) which
contribute particularly to meeting the special educational needs of
educationally deprived children.
(20 TJ.S.tJ. 241a) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat. 27;
redesignated and amended January 2, 1968, P.L. 90-247, Title I, sees. 108(a) (2),
110, 81 State, 786, 787; amended April 13, 1970, P.L. 91-230, sec. 113(b) (2),
84 Stat. 126.
DURATION OF ASSISTANCE
SEC. 102. During the period beginning July 1, 1973, and ending
June 30, 1978, the Commissioner shall, in accordance with the provi-
sions of this title, make payments to State educational agencies for
grants made on the basi~ of entitlements created under this title.
(20 U.S.C. 241b) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat. 27;
amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 101, 80 Stat. 1191; redesignated
and amended Jan. 2, 1968, P.L. 90-247, Title I, sees. 108(a) (2), 110, Title III,
sec. 301(a), 81 Stat. 786, 787, 813; amended April 13, 1970, P.L. 91-230, sees.
101(a), 113(b) (3), 84 Stat. 121, 126; amended August 21, 1974, P.L. 93-380,
sec. 101(a) (1), 88 Stat. 488.
PART A-BASIC GRANTS 1
Subpart 1-Grants to Local Educational Agencies
GRANTs-AMOUNT AND ELIGIBILITY
SEC. 103. (a) (1) There is authorized to be appropriated for each
fiscal year for the purpose of this paragraph 1 per centum of the
amount appropriated for such year for payments to States under
section 143 (a) (other than payments under such section to jurisdic-
tions excluded from the term "State" by this subsection, and payments
pursuant to section 124), and there shall be authorized to be appro-
1 Sec. 101(a) (10) of P.L. 93-~380 provides as follows:
"(10) There is authorized to be appropriated for each fiscal year a sum not to exceed
$15,700,000 to be allocated at the discretion of the Commissioner to assist those local
education agencies whose total allocation under part A of title I of the Elementary and
Secondary Education Act of 1965 is 90 per centum or less than such allocation under
such part A during the preceding fiscal year."
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priated such additional sums as will assure at least the same level of
funding under this title as in fiscal year 1973 for Guam, American
Samoa, the Virginia Islands, the Trust Territory of the Pacific Islands,
and to the Secretary of the Interior for payments pursuant to para-
graphs (1) and (2) of subsection (ci). The amount appropriated pur-
suant to this paragraph shall be allotted by the Commissioner (A)
among Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands according to their respective need for
grants under this part, and (B) to the Secretary of the Interior in the
amount necessary (i) to make. payments pursuant to paragraph (1)
of subsection (1), and (ii) to make payments pursuant to paragraph
(2) of subsection (d). The grant which a local educational agency in
Guam, American Samoa, the Vii~gin Islands, and the Trust Territory
of the Pacific Islands is eligible to receive shall be determined pur-
suant to such criteria as the Commissioner determines will best carry
out the purposes of this title.
(2) In any case in which the Commissioner determines that satis-
factory data for that purpose are available, the grant which a local
educational agency in a State shall be eligible to receive under this sub-
part for a fiscal year shall (except as provided in paragraph (3)) be
determined by multiplying the number of children counted under sub-
section (c) by 40 per centurn of the amount determined under the next
sentence. The amount determined under this sentence shall be the
average per pupil expenditure in the State except that (A) if the
average per pupil expenditure in the State is less than 80 per centurn
of the average per pupil expenditure in the United States, such amount
shall be 80 per centum of the average per pupil expenditure in the
United States, or (B) if the average per pupil expenditure in the State
is more than 120 per centum of the. average per pupil expenditure in
the United States, such amount shall be 120 per centum of the average
per pupil expenditure in the United States. In any case in which such
data are not available, subject to paragraph (3), the grant for any
local educational agency in a State shall be determined on the basis of
the aggregate amount of such grants for all such agencies in the county
or counties in which the school district of the particular agent is
located, which aggregate amount shall be equal to the aggregate
amount determined under the two preceding sentences for such county
01 counties, and shall be allocated among those agencies upon such
equitable basis as may be determined by the State educational agency
in accordance with basic criteria prescribed by the Commissioner.
(3) (A) Upon determination by the State educational agency that
a local educational agency in the State is unable or unwilling to pro-
vide for the special educational needs of children described in clause
(C) of paragraph (1) of subsection (c), who are living in institutions
for neglected or delinquent children, the State educational agency
shall, if it assumes responsibility for the special educational needs of
such local educational agency which is attributable to such neglected
or delinquent children, but if the State educational agency does not
assume such responsibility, any other State or local public agency, as
determined by regulations established by the Commissioner, which
does assume such responsibility shall be eligible to receive such portion
of the allocation.
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(B) In the case of local educational agencies which serve in whole
or in part the same geographical area, and in the case of a local educa-
tional agency which provides free public education for a substantial
number of children who reside in the school district of another local
educational agency, the State educational agency may allocate the
amount of the grants for those agencies among them in such manner as
it determines will best carry out the purposes of this title.
(C) The grant which Puerto Rico shall be eligible to receive under
this subpart for a fiscal year shall be the amount arrived at by multi-
plying the number of children counted under subsection (c) by 40 per
centum of (i) the average per pupil expenditure in Puerto Rico or
(ii) in the case where such average per pupil expenditure is more
than 120 per centum of the average per pupil expenditure in the
TJnited States, 120 per centum of the average per pupil expenditure in
the United States.
(4) For purposes of this subsection, the term "State" does not
include Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(b) A local educational agency shall be eligible for a basic grant
for a fiscal year under this part only if it meets the following require-
ments with respect to the number of children counted under subsec-
tion (c)
(1) In any case (except as provided in paragraph (3) in which
the Commissioner determines that satisfactory data for the
purpose of this subsection as to the number of such children are
available on a school district basis, the number of such children
in the school district of such local educational agency shall be at
least ten.
(2) In any other case, except as provided in paragraph (3),
the number of such children in the county which includes such
local educational agency's school district shall be at least ten.
(3) In any case in which a county includes a part of the school
district of the local educational agency concerned and the Com-
missioner has not determined that satisfactory data for the pur-
pose of this subsection are available on a school district basis for
all the local educational agencies for all the counties into which
the school district of the local educational agency concerned
extends, the eligibility requirement with respect to the number
of such children for such local educational agency shall be deter-
mined in accordance with regulations prescribed by the Com-
missioner for the purposes of this subsection.
(c) (1) The number of children to be counted for purposes of this
section is the aggregate of (A) the number of children aged five to
seventeen, inclusive, in the school district of the local educational
agency from families below the poverty level as determined under
paragraph (2) (A), (B) two-thirds of the number of children aged
five to seventeen, inclusive, in the school district of such agency from
families above the poverty level as determined under paragraph (2)
(B), and (C) the number of children aged five to seventeen, inclusive,
in the school district of such agency living in institutions for neglected
or delinquent children (other than such institutions operated by the
United States) but not counted pursuant to section 123 for the pur-
poses of a grant to a State agency, or being supported in foster homes
with public funds.
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(2) (A) For the purposes of this section, the Commissioner shall
determine the number of children aged five, to seventeen, inclusive,
from families below the poverty level on the basis of the most recent
satisfactory data available from the Department of Commerce for
local educational agencies (or, if such data are not available for such
agencies, for counties) ; and in determining the families which are
below the poverty level, the Commissioner shall utilize the criteria of
poverty used by the Bureau of the Census in compiling the 1670
decennial census.
(B) For purposes of this section. the Secretary of Health. Educa-
tion, and Welfare shall determine the number of children aged five to
seventeen, inclusive, from families above the poverty level on the basis
of the number of such children from families receiving an annual
income, in excess of the current criteria of poverty, from pay~~ents
under the program of aid to families with dependent children under
a State plan approved under title IV of the Social Security Act: and
in making such determinations the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in compiling the 1970
decennial census for a nonfarm family of four in such form as those
criteria have been updated by increases in the Consumer Price Index.
The Secretary shall determine the nunTher of such children and the
number of children of such ages living in institutions for neglected or
delinquent children, or being supported in foster homes with public
funds, on the basis of the caseload data for the month of January of
the preceding fiscal year (using, in the case of children described in the
preceding sentence, the criteria of poverty and the form of such criteria
required by such sentence which were determined for the second cal-
endar year preceding such month of .Jauuary) or, to the extent that
such data are not available to him before April 1 of the calendar year
in which the Secretary's determination is made, then on the basis of
the most recent reliable data available to him at the time of such
determination.
(C) ~Then requested by the Cornmissioner~ the Secretary of Corn-
merce shall make a special estimate of the number of children of such
ages who are from families below the poverty level (as determined
under paragraph (A) of this subsection) in each county or school
district, and the Commissioner is authorized to pay (either in advance
or by way of reimbursement) the Secretary of Commerce the cost of
making this specia.l estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a State for the
collection of additional census information. For purposes of this sec-
tion, the Secretary shall consider all children who are in correctional
institutions to be living in institutions for delinquent children.
(d) (1) From the amount allotted for payments to the Secretary
of the Interior under clause (B) (i) in the second sentence of sub-
section (a) (1), the Secretary of the Interior shall make payments to
local educational agencies, upon such terms as the Commissioner deter-
mines will best carry out the purposes of this title. with respect to
out-of-State Indian children in the elementary and secondary schools
of such agencies under special contracts with the Department of the
Interior. The amount of such payment may not exceed. for each such
child, 40 per centum of (A) the average per pupil expenditure in the
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State in which the agency is located or (B) 120 per centum of such
expenditure in the United States, whichever is the greater.
(2) The amount allotted for payments to the Secretary of the
Interior under clause (B) (ii) in the second sentence of subsection (a)
(1) for any fiscal year shall be, as determined pursuant to criteria
established by the Commissioner, the amount necessary to meet the
special educational needs of educationally deprived Indian children
on reservations serviced by elementary and secondary schools operated
for Indian children by the Department of the Interior. Such pay-
ments shall be made pursuant to an agreement between the Commis-
sioner and the Secretary containing such assurances and terms as the
Commissioner determines will best achieve the purposes of this title.
Such agreement shall contain (A) an assurance that payments made
pursuant to this subparagraph will be used solely for programs and
projects approved by the Secretary of the Interior which meet the
applicable requirements of section 141 (a) and that the Department of
the Interior will comply in all other respects with the requirements
of this title, and (B) provision for carrying out the applicable pro-
visions of sections 141(a) and 142(a) (3).
(20 U.S.C. 241c) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat.
28; amended July 21, 1965, P.L. 89-77, sec. 3, 79 Stat. 243; amended Nov. 1,
1965, P.L. 89-313, sec. 6(a), 79 Stat. 1161; amended Nov. 3, 1966, P.L. 89-750,
Title I, sees. 102, 103(a), 104-108, 113(b), 117, 80 Stat. 1191-1198; redesignated
and amended Jan. 2, 1968, P.L. 90-247, Title I, sees. 101, 103(a), 104, 105, 107,
108(a), 81 Stat. 783-787; amended Oct. 16, 1968, P.L. 90-576, Title III, sec. 307,
82 Stat. 1097; amended April 13, 1970, P.L. 91-230, sees. 101(b), 103, 104, 105, 106,
107, 113, 84 Stat. 121-124, 126; amended and subsection 103 (a) (1) (C) added
June 23, 1972, P.L. 92-318, sec. 411(b), 86 Stat. 338; amended August 21, 1974,
P.L. 93-380, sec. 101, 88 Stat. 488, 491.
Subpart 2-State Operated Programs
PROGRAMS FOR HANDICAPPED CHILDREN
SEC. 121. (a) A State agency which is directly responsible for pro-
viding free public education for handicapped children (including
mentally retarded, hard of hearing, deaf, speech impaired, visually
handicapped, seriously emotionally disturbed, crippled, or other health
impaired children who by reason thereof require special education),
shall be eligible to receive a grant under this section for any fiscal year.
(b) Except as provided in sections 124 and 125, the grant which
an agency (other than the agency for Puerto Rico) shall be eligible
to receive under this section shall be an amount equal to 40 per centum
of the average per pupil expenditure in the State (or (1) in the case
where the average per pupil expenditure in the State is less than 80
per centum of the average per pupil expenditure in the United States,
of 80 per centum of the average per pupil expenditure in the United
NoTE-Sec. 843(d) of P.L. 93-380 provides as follows:
"(d) Notwithstanding any provision of part A of title I of the Elementary and
Secondary Education Act of 1965, the amount which the Commomvealth of Puerto Rico
is eligible to receive under subpart 1 of such part A or under sections 121, 122, or 123
for the fiscal year ending June 30, 1975, shall not exceed 50 per centum of the full amount
the Commonwealth of Puerto Rico would receive (after required ratable reductions) under
such subpart or section but for this subsection, and for the fiscal years ending June 30,
1976, June 30, 1977, and June 30, 1978, such amount shall not exceed 75 per centum of the
full amount the Commonwealth of Puerto Rico would receive (after required ratable
reductions) under such subpart or section but for this subsection."
PAGENO="0072"
62
States, or (2) in the case where the average per pup11 expenditure in
the State is more than 120 per centum of the average pupil expencli-
ture in the United States, of 120 per centum of the average per pupil
expenditure in the United States), multiplied by the number of such
children in average daily attendance, as determined by the Commis-
sioner, at schools for handicapped children operated or supported by
the State agency, including schools providing special education for
handicapped children under contract or other arrangement with such
State agency, in the most recent fiscal year for which satisfactory data
are available. The grant which Puerto Rico shall be eligible to receive
under this section shall be the amount arrived at by multiplying the
number of children in Puerto Rico counted as provided in the preced-
ing sentence by 40 per centurn of (1) the average per pupil expenditure
in Puerto Rico or (2) in the case where such average per pupil ex-
penditure is more than 120 per centum of the average per pupil ex-
penditure in the United States, 120 per centum of the average per
pupil expenditure in the United States.
(c) A State agency shall use the payments made under this section
only for programs and projects (including the acquisition of equip-
ment and, where necessary, the construction of school facilities) which
are designed to meet the special educational needs of such children,
and the State agency shall provide assurances to the Commissioner
that each such child in average daily attendance counted under sub-
section (b) will be provided with such a program, commensurate
with his special needs, during any fiscal year for which such payments
are made.
(d) In the case where such a child leaves an educational program
for handicapped children operated or supported by the State agency
in order to participate in such a program operated or supported by a.
local educational agency, such child shall be counted under subsection
(b) if (1) he continues to receive an appropriately designed educa-
tional program and (2) the State agency transfers to the local educa-
tional agency in whose program such child participates an amount
equal to the sums received by such State agency under this section
which are attributable to such child, to he. used for the purposes set
forth in subsection (c).
(20 TJ.S.C. 241c-2) Enacted August 21, 1974; P.L. 93-380. sec. 101, 88 Stat.
491, 492.
PROGRAMS FOR MIGRATORY CHILDREX
SEC. 122. (a) (1) A State educational agency or a combination of
such agencies, upon application, shall be entitled to receive a grant for
any fiscal year under this section to establish or improve, either cli-
rectly or through local educational agencies. programs of education for
migratory children of migratory agricultural workers or of migratory
fishermen. The Commissioner may approve such an application only
upon his determination-
(A) that payments will be used for programs and projects
(including the acquisition of equipment and where necessary the
construction of school facilities) which are designed to meet the
special educational needs of migratory children of migratory ag-
ricultural workers or of migratory fishermen. and to coordinate
PAGENO="0073"
`63
these programs and projects with similar programs and projects
in other States, including the transmittal of pertinent informa-
tion with respect to school records of such children;
(B) that in planning and carrying out programs and projects
there has been and will be appropriate coordination with programs
administered under part B of tide III of the Economic Oppor-
tunity Act of 1964;
(C) that such programs and projects will be administered and
carried out in a manner consistent with the basic objectives of
clauses (1) (B) and (3) through (12) of section 141 (a) ; and
(D) that, in planning and carrying out programs and projects,
there has been adequate assurance that provision will be made for
the preschool educational needs of migratory children of migra-
tory agricultural workers or of migratory fishermen, whenever
such agency determines that compliance with this clause will not
detract from the operation of programs and projects described in
clause (A) of this paragraph after considering the funds available
for this purpose.
The Commissioner shall not finally disapprove an application of a
State educational agency under this paragraph except after reasonable
notice and opportunity for a hearing to the State educational agency.
(2) If the Commissioner determines that a State is unable or un-
willing to conduct educational programs for migratory children of
migratory agricultural workers or of migratory fishermen, or that it
would result in more efficient and economic administration, or that it
would add substantially to the welfare or educational attainment of
such children, he may make special arrangements with other public or
nonprofit private agencies to carry out the purposes of this section in
one or more States, and for this purpose he may use all or part of the
total of grants available for any such State under this section.
(3) For purposes of this section, with the concurrence of his parents,
a migratory child of a migratory agricultural worker or of a migra-
tory fisherman shall be deemed to continue to be such a child for a
period, not in excess of five years, during which he resides in the area
served by the agency carrying on a program or project under this sub-
section. Such children who are presently migrant, as determined pur-
suant to regulations of the Commissioner, shall be given priority in
this consideration of programs and activities contained in applications
submitted under this subsection.
(b) Except as provided in sections 124 and 125, the total grants
which shall be made available for use in any State (other than Puerto
Rico) for this section shall be an amount equal to 40 per centum of
the average per pupil expenditure in the State (or (1) in the case
where the average per pupil expenditure in the State is less than 80
per centum of the average per pupil expenditure in the United States,
of 80 per centum of the average per pupil expenditure in the United
States, or (2) in the case where the average per pupil expenditure in
the State is more than 120 per centum of the average per pupil expendi-
ture in the United States, of 120 per centurn of the average per pupil
expenditure in the TJnited States) multiplied by (1) the estimated
number of such migratory children aged five to seventeen, inclusive,
who reside in the State full time, and (2) the full-time equivalent of
PAGENO="0074"
64
the estimated number of such migratory children aged five to seventeen,
inclusive, who reside in the State part time, as determined by the
Commissioner in accordance with regulations, except that if, in the case
of any State, such amount exceeds the amount required under sub-
section (a.), the Commissioner shall allocate such excess, to the extent
necessary, to other States whose total of grants under this sentence
would otherwise be insufficient for all such children to be served in such
other States. The total grant which shall be made available for use in
Puerto Rico shall be arrived at by multiplying the number of children
in Puerto Rico counted as provided in the preceding sentence by 40
per centum of (1) the average per pupil expenditure in Puerto Rico
or (2) in the case where such average per pupil expenditure is more
than 120 per centum of the average per pupil expenditure in the
United States, 120 per centum of the average per pupil expenditure in
the United States. In determining the number of migrant children for
the purposes of this section the Commissioner shall use stat.istics made
available by the migrant student record transfer system or such other
system as he may determine most accurately and fully reflects the
actual number of migrant students.
(20 U.S.C. 241c-2) Enacted August 21, 19T4, P.L. 93-380, sec. 101, 88 Stat.
492, 494.
PROGRAMS FOR NEGLECTED OR DELINQtTENT CHILDREN
SEC. 123. (a) A State agency which is directly responsible for pro-
viding free public education for chulclren in institutions for neglected
or delinquent children or in adult correctional institutions shall be
entitled to receive a grant under this section for any fiscal year (but
only if grants received under this section are used only for children
in such institutions).
(b) Except as provided in sections 124 and 1~25, the grant which
such an agency (other than the agency for Puerto Rico) shall be eli-
gible to receive shall be an amount equal to 40 per centuin of the aver-
age per pupil expenditure in the State (or (1) in the case where the
average per pupil expenditure in the State is }ess than 80 per centum
of the average per pupil expenditure in the United States, of 80 per
centum of the average per pupil expenditure in the United States, or
(2) in the case where the average per pupil expenditure in the State is
more than 120 per ceritum of the average per pupil expenditure in the
United States, of 120 per centurn of the average per pupil expenditure
in the United States) multiplied by the number of such children in
average daily attendance, as determined by tile Commissioner, at
schools for such children operated or supported by that agency, iimlucl-
ing schools providing education for such children mlder contract or
other arrangement with such agency, in the most recent fiscal year for
which satisfactory data are available. The grant which Puerto Rico
shall be eligible to receive under this section shall be the amount
arrived at by multiplying the number of children in Puerto Rico
counted as provided in the preceding sentence by 40 per centum of
(1) the average per pupil expenditure in Puerto R.ico or (2) in the
case where such average per pupil expenditure is more than 120 per
centurn of the average per pupil expenditure in the United States.
120 per centum of the average per pupil expenditure in the United
States.
PAGENO="0075"
65
(c) A State agency shall use payments under this section only for
programs and projects (including the acquisition of equipment and
where necessary the construction of school facilities) which are
designed to meet the special educational needs of such children.
(20 U.S.C. 241c-3) Enacted August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 494.
RESERVATION OF FUNDS FOR TERRITORIES
SEC. 124. There is authorized to be appropriated for each fiscal
year for purposes of each of section 121, 122, and 123, an amount equal
to not more than 1 per centum of the amount appropriated for such
year for such sections for payments to Guam, American Samoa, the
Virgin Islands, and the Trust Territory of the Pacific Islands under
each such section. The amounts appropriated for each such section
shall be allotted among Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands according to their
respective need for such grants, based on such criteria as the Commis-
sioner determines will best carry out the purposes of this title.
(20 U.S.C. 241c-4) Enacted August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 494.
MINIMUM PAYMENTS FOR STATE OPERATED PROGRAMS
SEC. 125. Except as provided in section 843 of the Education
Amendments of 1974, no State agency shall receive in any fiscal year
prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount
which is less than 100 per centum of the amount which that State
agency received in the prior fiscal year pursuant to such section 121,
122, or 123, respectively.
(20 U.S.C. 241c-5) Enacted August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 495.
PART B-SPECIAL INCENTIVE GRANTS
MAXIMUM ENTITLEMENT
SEC. 126. (a) In the case of any fiscal year ending after June 30,
1969, each State shall be entitled to a special incentive grant if such
State has an effort index for the second preceding fiscal year that
exceeds the national effort index for such year.
(b) The maximum amount of a special incentive grant for which a
State is eligible for any fiscal year shall be determined by multiplying
the amount of $1 for each 0.01 per centum by which the effort index
of that State for the second preceding fiscal year exceeds the national
effort index for such year times the aggregate number of children
counted for the purposes of entitled local educational agencies within
such State to basic grants in accordance with clauses (2), (5), (6),
and (7) of section 103(a), except that no State shall be eligible to
receive a special incentive grant under this part, in an amount in
excess of 15 per centum of the total amount available for grants under
this part.
(20 U.S.C. 241d) Enacted Sept. 30, 1950, c. 1124, Title I, § 121, formerly Title
II, § 221, as added and redesignated Jan. 2, 1968, P.L. 90-247, Title 1, sees. 108
(a) (5), 110, 81 Stat. 786, 787; amended April 13, 1970, P.L. 91-230, Title I, sec.
113(b) (6), 84 Stat. 126; redesignated August 21, 1974, P.L. 93-380, sec. 101
(a) (3), 85 Stat. 495.
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66
APPLICATION; USE OF FUNDS
SEC. 127. Any State desiring the special incentive grant to which
it is entitled under this part for any fiscal year shall make applica-
tion therefor, in accordance with the requirements set forth in section
142, to the Commissioner. Such application shall be submitted at
such time and contain such information as the Commissioner shall
require by regulation and shall contain a statement of such policies
and procedures as will insure that funds granted to the State under
this part will be (1) made available to local educational agencies
within that State which have the greatest need for assistance under
this title, and (2) used, in accordance with the applicable provisions
of this title, for programs and projects designed to meet the special
educational needs of educationally deprived children.
(20 15.5.0. 241d-1) Enacted Sept. 30, 1950, c. 1124, Title I, § 121, formerly
Title II, § 221, as added and redesignated Jan. 2, 1968, P.L. 90-247, Title I. secs.
108(a) (5), 110, 81 Stat. 786, 787; amended April 13, 1910, 7.L. 91-230, Title I,
sec. 113(b) (6), 84 Stat. 126; redesignated August 21, 1974, P.L. 93-3S0, see.
101(a) (3), 88 Stat. 495.
DEFINITIONS
SEC. 128. For the purpose of this part the term "effort index" when
applied to States, means the per centum expressing the ratio of ex-
penditures from all non-Federal sources in a State for public ele-
mentary and secondary education to the total personal income in
such State, and the term "national effort index" means the per centum
expressing the ratio of such expenditures in all States to the total
personal income in all States; and the term "State" means the fifty
States and the District of Columbia.
(20 ILS.0. 241d-2) Enacted Sept. 30, 1950, c. 1154. Title I. § 121. formerly
Title II, § 221, as added and redesignated Jan; 2. 1968, P.L. 90-241. Title I, sees.
108(a) (5), 110, 81, Stat. 786, 787; amended April 13, 1970. P.L. 91-230. Title I,
sec. 113(b) (6), 84 Stat. 127; redesignated August 21, 1914, P.L. 93-380, sec.
101(a) (3), 88 Stat. 495.
PART C-SPECIAL GRANTS1
ELIGIBILITY AND MAXIMUM AMOUNT OF SPECIAL GRANTS
SEC. 131. (a) Each local educational agency in a State which is eli-
gible for a grant under this title for any fiscal year shall be. entitled to
an additional grant for that fiscal year if it meets the requirements of
subsection (b). The amount of such grant. shall be determined in ac-
cordance with subsection (c).
(b) (1) A local cci acational agency shall be entitled to a grant under
this part for any fiscal year if the school district of such agency iS lo-
cated in a county in which-
(A) the number of children described in paragraph (2) for
such year amounts to at least 200 per centum of the average
number of such children in all counties in the State in which such
agency is located for that fiscal year; or
(B) the number of children so described in such county for
such year is 10,000 and amounts to 5 per centum of the total nurn-
her of children in such county.
`Section 101 (a) (4) (B) of P.L. 93-380 repeals Part C, e~ect1ve July 1, 1975.
PAGENO="0077"
67
(2) For the purposes of paragraph (1), the children counted with
respect to a local educational agency shall be those children in the such
county who are-
(A) in families having an annual income of $3,000 or less; or
(B) in families receiving an annual income in excess of $3,000
from payments under the program of aid to families with de-
pendent children under a State plan approved under title IV of
the Social Security Act; or
(C) living in institutions for neglected or delinquent children
or being supported in foster homes with public funds.
(3) (A) Determinations with respect to numbers of children in any
county under paragraph (2) shall be made by the Commissioner on
the basis of the most recent satisfactory data available to him.
(B) (i) The number of children determined with respect to one
or more counties shall be allocated by the Commissioner, for the pur-
poses of paragraph (2), among the local educational agencies with
school districts located in such county or counties.
(ii) In any case where-
(I) two or more local educational agencies serve, in whole or
in part, the same geographical area; or
(II) a local educational agency provides free public education
for a substantial number of children who reside in the school
district of another local educational agency,
the Commissioner may allocate the number of children determined
under this subsection among such agencies in such a manner as will
best achieve the purposes of this section.
(C) (i) For the purposes of paragraph (2), the Commissioner shall
determine the number of children from families having an annual
income of $3,000 or less on the basis of the most recent satisfactory
data available from the Department of Commerce. At any time such
data for a county are available in the Department of Commerce, such
data shall be used in making calculations under this subsection.
(ii) For the purposes of this subsection, the Secretary of Health,
Education, and Welfare shall determine the number of children from
families receiving an annual income in excess of $3,000 from pay-
ments under the program of aid to families with dependent children
under a State plan approved under title IV of the Social Security Act
and the number of children living in institutions for neglected or
delinquent children or being supported in foster homes with public
funds, on the basis of caseload data for the month of January of the
preceding fiscal year, or to the extent that such data are not available
to him before April 1 of the calendar year in which the determination
is made, then on the basis of the most recent data available to him
at the time of such determination. For the purposes of this subsection,
the Secretary shall consider all children who are in correctional insti-
tutions to be living in institutions for delinquent children.
(c) The amount of the grant to which a local educational agency
shall be entitled for any fiscal year shall be-
(A) the number of children determined with respect to such
agency under subsection (b);
multiplied by-
(B) ~0 per centum of the average per pupil expenditure of
all the local educational agencies in the State in which. such
agency is located.
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68
(d) Notwithstanding any other provision of this section. no pay-
ments for any fiscal year under this part to the local ecthcational
agencies in a single State shall exceed 12 per centum of the aggregate
payments to all local educational agencies in that year under this part.
(e) (1) The aggregate of the amount for which all local educational
agencies are eligible under this part shall not exceed $75,000,000 for
any fiscal year. If, for any fiscal year, such aggregate, as computed
without regard to the preceding sentence, exceeds $75,000,000, the
amount for which each local educational agency is eligible shall be
reduced ratably until such aggregate does not exceed such limitation.
(2) For the purpose of making payments under this part there
are authorized to be appropriated not in excess of $75,000,000 for the
fiscal year ending June 30, 1975.
(f) For the purposes of this section, the term-
(1) "State" means the fifty States and the District of Columbia;
and
(2) "children" includes all children aged 5 through 17, inclusive.
(20 TJ.S.O. 241 d-11) Enacted August 21, 1974, P.L. 93-380, sec. 101, 88 Stat.
495, 496.
PART D.-GENERAL PRovIsIoNs
APPLICATION
SEC. 141 (a) A local educational agency may receive a grant under
this title for any fiscal year only upon application therefor approved
by the appropriate State educational agency, upon its determination
(consistent with such basic criteria as the Commissioner may
establish) -
(1) that payment under this title will be used for the excess
costs of programs and projects (including the acquisition of
equipment, payments to teachers of amounts in excess of regular
salary schedules as a bonus for service in schools eligible for
assistance under this title, the training of teachers. and, where
necessary, the construction of school facilities and plans made or
to be made for such programs, projects, and facilities) (A) which
are designed to meet the special educational needs of educationally
deprived children in school attendance areas having high con-
centrations of children from low-income families (and at the dis-
cretion of the local educational agency, in any school of such
agency not located in such a school attendance area, at which the
proportion of children in actual average daily attendance from
low-income families is substantially the same as the proportion of
such children in such an area of that agency) and (B) which are
of sufficient size, scope, and quality to give reasonable promise of
substantial progress toward meeting those needs and to this end
involve an expenditure of not less than $2,500, except that the
State educational agency may with respect to any applicant re-
duce the $2~500 requirement if it determines that it would be
impossible, for reasons such as distance or difficulty of travel, for
the applicant to join effectively with other local educational agen-
cies for the purpose of meeting the requirement; and nothing
herein shall be deemed to preclude two or more local educational
PAGENO="0079"
69
iigencies from entering into agreements, at their option, for carry-
ing out jointly operated programs and projects under this title:
Provided, That the amount used for plans for any fiscal year shall
not exceed 1 per centum of the amount determined for that agency
for that year pursuant to section 103 or $2,000, whichever is
greater;
(2) that the local educational agency has provided satisfac-
tory assurance that section 141A will be complied with;
(3) That (A) the total educational agency has provided satis-
factory assurance that the control of funds provided under this
title, and title to property derived therefrom, shall be in a public
agency for the uses and purposes provided in this title, and that
a public agency will administer such funds and property, (B)
Federal funds made available under this title will be so used (i)
as to supplement and, to the extent practical, increase the level
of funds that would, in the absence of such Federal funds, be made
available from non-Federal sources for the education of pupils
participating in programs and projects assisted under this title,
and (ii) in no case, as to supplant such funds from non-Federal
sources, and (C) State and local funds will be used in the district
of such agency to provide services in project areas which, taken
as a whole, are at least comparable to services being provided in
areas in such district which are not receiving funds under this
title: Provided, That any finding of noncompliance with this
clause shall not affect the payment of funds to any local educa-
tional agency until the fiscal year beginning July 1, 1972, and Pro-
vided further, That each local educational agency receiving funds
under this title shall report on or before July 1, 1971, and on or
before July 1 of each year thereafter with respect to its com-
pliance with this clause;'
(4) In the case of any project for construction of school fa-
cilities, that the project is not inconsistent with overall State
plans for the construction of school facilities and that the require-
ments of section 433 of the General Education Provisions Act will
be complied with on all such construction projects;
(5) In the case of an application for payments for planning,
(A) that the planning was or will be directly related to programs
or projects to be carried out under this title and has resulted, or is
reasonably likely to result in a program or project which will be
carried out under this title, and (B) that planning funds are
needed because of the innovative nature of the program or project
or because the local educational agency lacks the resources neces-
sary to plan adequately for programs and projects to be carried
out under this title;
(6) That effective procedures, including provisions for appro-
priate objective measurements of educational achievement, will
be adopted for evaluating at least annually the effectiveness of
1 Sec. 109 (b) of Public Law 91-230 reads as follows:
"(b) The amendment made by subsection (a) shall be effective with respect to all
applications submitted to State educational agencies after thirty days after the date of
enactment of this Act. Nothing in this section shall be construed to authorize the supplant-
ing of State and local funds with Federal funds prior to the effective date of the amend.
meat made by this section."
PAGENO="0080"
70
the programs in meeting the special educational needs of edu-
cationally deprived children;
(7) That the local educational agency will make an annual
report and such other reports to the State educational agency, in
such form and containing such information (which in the case of
reports relating to performance is in accordance with specific
performance criteria related to program objectives), as may be
reasonably necessary to enable the State educational agency to
perform its duties under this title, including information relating
to the educational achievement of students participating in pro-
grams carried out under this title, and will keep such records and
afford such access thereto as the State educational agency may
find necessary to assure the correctness and verification of such
reports;
(8) That the local educational agency is making the application
and all pertinent documents related thereto available to parents
and, other members of the general public and that all evaluations
and reports required under paragraph (7) shall be public
information;
(9) In the case of a project for the construction of school
facilities, that, in developing plans for such facilities clue con-
sideration has been given to compliance with such standards as
the Secretary may prescribe or approve in order to insure that
facilities constructed with the use of Federal funds under this
title shall be, to the extent appropriate in view of the uses to
be made of the facilities, accessible to and usable by handicapped
persons;
(10) That effective procedures will be adopted for acquiring
and disseminating to teachers and administrators significant
information derived from educational research, demonstration,
and similar projects, and for adopting, where appropriate,
promising educational practices developed through such projects;
(11) In the case of a project for the construction of school
facilities, that, in developing plans for such facilities, due con-
sideration has been given to excellence of architecture and de-
sign, and to the inclusion of works of art (not representing more
than 1 per centum of the cost of the project)
(12) In the case of projects involving the use of education aides,
the local educational agency sets forth well-developed plans pro-
viding for coordinated programs of training in which education
aides and the professional staff whom they are assisting will par-
ticipate together;
(13) That, where a school attendance area does not meet the
requirement of paragraph (1) (A) of this subsection for a fiscal
year, or in the case of a local educational agency electing to allo-
cate funds under section 140, where such an area does not meet
the requirement of that section, but did meet the appropriate
requirement in either of the two preceding fiscal years, that school
attendance area shall be considered to meet the applicable crite-
rion for that fiscal year; and
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(14) That the local educational agency shall establish an advi-
sory council for the entire school district and shall establish an
advisory council for each school of such agency served by a pro-
gram or project assisted under section 143 (a) (2), each of which
advisory councils-
(A) has as a majority of its members parents of the chil-
dren to be served,
(B) is composed of members selected by the parents in
each school attendance area,
(C) has been given responsibility by such agency for ad-
vising it in the planning for, and the implementation and
evaluation of, such programs and projects, and
(D) is provided by such agency, in accordance with regu-
lations of the Commissioner, with access to appropriate in-
formation concerning such programs and projects.
(b) It is the intent of the Congress to encourage, where feasible,
the development for each educationally deprived child participating
in a program under this title of an individualized written educational
plan (maintained and periodically evaluated), agreed upon jointly
by the local educational agency, a parent or guardian of the child, and
when appropriate, the child.
(c) The State educational agency shall not finally disapprove in
whole or in part any application for funds under this title without
first affording the local educational agency submitting the application
reasonable notice and opportunity for a hearing.
(20 U.S.C. 241e) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 7 Stat. 30;
amended Nov. 3, 1966, P.L. 89-750, Title I, sees. 103 (b), 108(b) (1), (2), 110,
111 (a)-(e), 80 Stat. 1192, 1195, 1106; redesignated and amended Jan 2, 1908,
P.L. 90-247, Title I, sees. 103(b), 106, 108 (a) (2), 109, 110, 81 Stat. 783, 784, 786,
787; redesignated and amended April 13, 1970, P.L. 01-230, Title I, sees. 108,
109(a), 110, 111(b), 113(b) (3), (4), (7), 84 Stat. 124-120, 128; amended June
23, 1972, P.L. 92-318, sec. 507(a) and (b), 86 Stat. 352; amended August 21,
1974, P.L. 93-380, sec. 101, 88 Stat. 490, 497.
PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
SEC. 141A. (a) To the extent consistent with the number of educa-
tionally deprived children in the school district of the local educational
agency who are enrolled in private elementary and secondary schools,
such agency shall make provision for including special educational
services and arrangements (such as dual enrollment, educational radio
and television, and mobile educational services and equipment) in
which such children can participate and meeting the requirements of
clauses (A) and (B) of paragraph (1) of subsection (a) of section
141, paragraph (2) of subsection (a) of such section, and clauses (A)
and (B) of paragraph (3) of subsection (a) of such section 141.
(b) (1) If a local educational agency is prohibited by law from pro-
viding for the participation in special programs for educationally de-
prived children enrolled in private elementary and secondary schools
as required by subsection (a), the Commissioner shall waive such re-
quirement and the provisions of section 141 (a) (2), and shall arrange
44-078 0 - 75 - 0
PAGENO="0082"
72
for the provision of services to such children through arrangements
which shall be subject to the requirements of subsection (a).
(2) If the Commissioner determines that a local educational agency
has substantially failed to provide for the participation on an equitable
basis of educationally deprived children enrolled in private elementary
and secondary schools as required by subsection (a), he shall arrange
for the provision of services to such children through arrangements
which shall be subject to the requirements of subsection (a). upon
which determination the provisions of paragraph (a) and section 141
(a) (2) shall be waived.
(3) When the Commissioner arranges for services pursuant to this
section, he shall, after consultation with the appropriate public and
private school officials, pay the cost of such services from the appro-
priate allocation or allocations under this title.
(4) (A) the Commissioner shall not take any final action under
this section until he has afforded the State educational agency and
local educational agency affected by such action at least sixty days
notice of his proposed action and an opportunity for a hearing with
respect thereto on the record.
(B) If a State or local educational agency is dissatisfied with the
Commissioner's final action after a hearing under subparagraph (A)
of this paragraph, it may within sixty days after notice of such action,
file with the United States court of appeals for the circuit in which
such State is located a petition for review of that action. A copy of
the petition shall be forthwith transmitted by the clerk of the court to
the Commissioner. The Commissioner thereupon shall file in the court
the record of the proceedings on which he based his action, as provided
in section 2112 of title 28, United States Code.
(C) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action~ and shall file in
the court the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by substantial
evidence.
(D) Upon the filing of such petition, the court shall have juris-
diction to affirm the action of the Commissioner or to set it asideS in
whole or in part. The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari or certifica-
tion as provided in section 1254 of title 28, United States Code.
(20 U.S.C. 241e-1) Enacted August 21, 1974, P.L. 93-380, see. 101, 88 Stat.
497, 498.
ASSURANCES FROM STATES
SEc. 142. (a) Any State desiring to participate under this title
(except with respect to the program provided for in section 122 relat-
ing to migratory children of migratory agricultural workers) shall
submit through its State educational agency to the Commissioner an
application, in such detail as the Commissioner deems necessary, which
provides satisfactory assurance-
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(1) that, excep~ as provided in section 143(b), payments under
this title will be used only for programs and projects which have
been approved by the State educational agency pursuant to sec-~
tion 141 (a) and which meet the applicable requirements of that
section and of section 121 and that such agency will in all other
respects comply with the provisions of this title, including the
enforcement of any obligations imposed upon a lOcal educational
agency under section 141(a);
(2) that such fiscal control and fund accounting procedures
will be adopted as may be necessary to assure proper disburse-
ment of, and accounting for, Federal funds paid to the State (in-
cluding such funds paid by the State to local educational agen-
cies) under this title; and
(3) that the State educational agency will make to the Com-
missioner (A) periodic reports (including the results of objective
measurements required by section 141 (a) (6) and of research and
replication studies) evaluating the effectiveness of payments
under this title and of particular programs assisted under it in
im~proving the educational attainment of educationally deprived
children, and (B) such other reports as may be reasonably neces-
sary to enable the Commissioner to perform his duties under this
title (including such reports as he may require to determine the
amounts which the local educational agencies of that State are
eligible to receive for any fiscal year), and ass arance that such
agency will keep such records and afford such access thereto as
the Commissioner may find necessary to assure the correctness
and verification of such reports.
(b) The Commissioner shall approve an application which meets
the requirements specified in subsection (a), and he shall not finally
disapprove an application except after reasonable notice and opportu-
nity for a hearing to the State educational agency.
(20 U.S.C. 241f) Enacted April 11, 1965, P.L. 89-40, Title I, sec. 2, 79 Stat. 31;
amended Nov. 1, 1965, P.L. 89-313, sec. 6(b), 79 Stat. 1162; amended Nov. 3,
1966, P.L. 89-750, Title I, sec. 103 (c) (1), 80 Stat. 1193; redesignated and
amended Jan. 2, 1968, P.L. 90-247, Title I, secs. 103(c), 108(a) (2), 110, 81 Stat.
783, 786, 787; redesignated and amended April 13, 1970, P.L. 91-230, Title I, sees.
111(a), 113(b) (3), (4), 84 Stat. 125, 126.
PAYMENT
SEC. 143. (a) (1) The Commissioner shall, subject to the provisions of
section 144, from time to time pay tO each State, in advance or other-
wise, the amount which it and the local educational agencies of that
State are eligible to receive under this title. Such payments shall take
into account the extent (if any) to which any previous payment to
such State educational agency under this title (whether or not in the
same fiscal year) was greater or less than the amount which should
have been paid to it.
(2) From the funds paid to it pursuant to paragraph (1) each State
educational agency shall distribute to each local educational agency
of the State which is not ineligible by reason of section. 103(h) and
which has submitted an application approved pursuant to ~t~rtioi~
141 (a) the amount for which such application has been arrnr~w~ c~.
PAGENO="0084"
74
cept that this amount shall not exceed the amount determined for that
agency pursuant to section 103.
(b) The Commissioner is authorized to pay to each State~ amounts
equal to the amounts expended by it for the proper and efficient per-
formance of its duties under this title (including technical assistance
for the measurements and evaluations required by section 141(a) (6)
except that the total of such payments in any fiscal year shall not
exceed-
(1) .1 per centum of the amount allocated to the State and its local
educational agencies as determined for that year under this title; or
~2) $150,000, or $25,000 in the case of Guam, American Samoa, the
Virgin Islands, or the Trust Territory of the Pacific Islands, which-
ever is the greater.
(c) (1) No payments shall be made under this title for any fiscal
year to a State which has taken into consideration payments under this
title in determining the eligibility of any local educational agency in
that State for State aid, orthe amount of that aid, with respect to the
free public education of children during that year or the preceding
fiscal year.
(2) No payments shall be made under this title to any local educa-
tional agency for any fiscal year unless the State educational agency
finds that the combined fiscal effort (as determined in accordance with
regulations of the Commissioner) of that agency and the State with
respect to the provision of free public education by that agency for
the preceding fiscal year was not less than such combined fiscal effort
for that purpose for the second preceding fiscal year.
(20 P.5.0. 241g) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat.
32; amended Nov. 1, 1965, P.L. 89-313, sec. 7(a), 79 Stat. 1182; amended Nov. 3,
1966, P.L. 89-750, Title I, sees. 103 (c) (2), 108(b) (3), 112, 113(a), 80 Stat.
1193, 1195, 1197; redesignated and amended Jan. 2, 1968, P.L. 90-247, Title I,
sees. 102, 103(c), 108 (a) (2), 110, 81 Stat. 783, 786, 787; redesignated and
amended April 13, 1970, P.L. 91-230, Title I, sees. 113(b) (3), (4), (8), 114. 84
Stat. 126, 129, 130.
ADJUSTMENTS WhERE NECESSITATED BY APPROPRIATIONS
SEc. 144. If the sums appropriated for any fiscal year for making
the payments provided in this title are not sufficient to pay in full the
total amounts which all local and State educational agencies are en-
titled to receive under this title for such year, the amount available for
each grant to a State agency eligible for a grant under section 121, 122,
or 123 shall be equal to the total amount of the grant as computed
under each such section. If the remainder of such sums available after
the application of the preceding sentence is not sufficient to pay in full
the' total amounts which all local educational agencies are entitled to
receive under part A of this title fOr such year, the allocations to
such agencies and allocations under part B shall, subject to adjust-
ments under the next sentence, be ratably reduced to the extent neces-
sary to bring the aggregate of such allocations within the limits of
the amount so appropriated, except that entitlements imder such part
B shall be taken. ~into consideration only to the extent that appropria-
tions for such title I (excluding part Q thereof) exceed $1,396,975,000
PAGENO="0085"
`75
for any fiscal year and such entitlements shall not exceed $50,000,000
in any fiscal year. The allocation of a local educational agency which
would be reduced under the preceding sentence to less than 85 per
centum of its allocation under part A for the preceding fiscal year,
shall be increased to such amount, the total of the increases thereby
required being derived by proportionately reducing the allocations of
the remaining local educational agencies, under the preceding sentence,
but with such adjustments as may be necessary to prevent the alloca-
tion to any remaining local educational agency from being thereby
reduced to less than 85 per centum of its allocation for such year. If
the aggregate of the amounts to which all States are entitled under such
part B exceeds $50,000,000 the entitlement of each State shall be re-
duced ratably until such aggregate does not exceed $50,000,000 in such
fiscal year.
In case additional funds become available for making payments
under this title or that year, such reduced amounts shall be increased
on the same basis that they were reduced. In order to permit the most
effective use of all appropriations made to carry out this title, the Com-
missioner may set dates by which (1) State educational agencies must
certify to him the amounts for which the applications of educational
agencies have been or will be approved by the State, and (2) State
educational agencies referred to in section 122 must file applications.
If the maximum grant a local educational agency or an agency refer-
red to in section 122 would receive (after any ratable reduction which
may have been required under the first sentence of this section) is
more than an amount which the State educational agency determines,
in accordance with regulations prescribed by the Commissioner, such
agency will use, the excess amount shall be made available first to
educational agencies in that State. Determinations of the educational
agencies to which such excess amounts shall be made available shall
be made by the State educational agency in furtherance of the pur-
poses of this title in accordance with criteria prescribed by the Com-
missioner which are designed to assure that such excess amounts will
be made available to other eligible educational agencies with the great-
est need, for the purpose of, where appropriate, redressing inequities
inherent in, or mitigating hardships caused by, the application of the
provisions of paragraph (2) of section 103 (a) as a result of such
factors as population shifts and changing economic circumstances.
In the event excess amounts remain after carrying out the preceding
two sentences of this section, such excess amounts shall be distributed
among the other States as the Commissioner shall prescribe for use by
local educational agencies in such States for the j~urposes of this title
in such manner as the respective State educational agencies shall
prescribe.
(20 U.S.C. 24th) Enacted April 11, 1965, P.L. 89-10, sec. 2, 79 Stat. 33;
amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 114, 80 Stat. 1197; redesignated
and amended Jan. 2, 1968, P.L. 90-247, Title 1, sees. 107(b), 110, 81 Stat. 785, 787;
redesignated and amended April 13, 1970, P.L. 91-230, Title I, sec. 113(b) (3), (4)
(c), and (d), 84 Stat. 126, 129; amended August 21, 1974, P.L. 93-380, sec. 101,
88 Stat. 498, 499.
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WITHHOLDINGS
SEc. 146. Whenever the Commissioner~ after reasonable notice and
opportunity for hearing to any State educational agency, finds that
there has been a failure to comply substantially with any assurance
set forth in the application of that State approved under section 122
or 142(b) the Commissioner shall notify the agency that further
payments will not be made to the State under this title (or, in his
discretion, that the State educational agency shall not make further
payments under this title to specified local educational agencies
affected by the failure) until he is satisfied that there is no longer any
such failure to comply. Until he is so satisfied, no further payments
shall be made to the State under this title, or payments by the State
educational agency under this title shall be limited to local educational
agencies not affected by the failure, as the case may be.
(20 U.S.C. 241j) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2. 79 Stat. 33;
amended Nor. 3, 1966, P.L. 89-750, Title I, sec. 103(c) (3), 80 Stat. 1193; redes-
ignated and amended Jan. 2, 1968, P.L. 90-247, Title I, sees. 108(a) (4), (b), 110,
81 Stat. 786, 787; amended and redesignated April 13, 1970, P.L. 91-230, Title I,
sec. 113(b) (4), (9), 84 Stat. 126, 129.
JtDIOIAL REV~W
SEC. 147. (a) If any State is dissatisfied with the Commissioner's
final action with respect to the approval of its application submitted
under section 122 or 142(b) or with his final action under section 146,
such State may, within sixty days after notice of such action, file
with the United States court of appeals for tile circuit in which such
State is located a petition for review of that action. A copy of the
petition shall be forthwith transmitted by tile clerk of the court to tile
Commissioner. The Commissioner thereupon shall file in the court the
record of the proceedings on which he based his action, as provided
in section 2112of title 28, United States Code.
(b) The findings of fact by the Commissioner, if supuorted by sub-
stantial evidence, shall be conclusive; but tile court, for good cause
shown, may remand the case to the Commissioner to take further
evidence, and the Commissioner may thereupon make new or morlifled
findings of fact and may modify his previous action. and shall flip ~
the court the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by substantial
evidence.
(c') Upon the filin~ of such petition, the court shall have iuri~diction
to affirm the action of the Commissioner or to set it aside, in whole or
in part. The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or certification as
provided in section 1254 of title 28, United States Code.
(20 U.S.C. 241k) Enacted April 11, 1965, P.L. S9-10. Title I. sec. 2. 79 Stat. 33;
amended Nov. 3, 1966, P.L. 89-750. Title I. see. 10~(c) (4). 80 Stat. 1193: redes~-
nated and amended Jan. 2. 1068. P.L. 90-247. Title I, set~s. 108(a) (4). (b). 110,
81 Stat. 786, 787; amended and redesignated April 13, 1970, P.L. 91-230, Title I,
sec. 113(b) (4), (10), 84 Stat. 125, 129.
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NATIONAL ADVISORY COUNCIL
SEC. 148. (a) There shall be a National Advisory Council on the
Education of Disadvantaged Children (hereinafter in this section
referred to as the "National Council") consisting of fifteen members
appointed by the President, without regard to the provisions of title
5, United States Code, governing appointment in the competitive serv-
ice, for terms of three years, except that (1) in the case of initial
members, five shall be appointed for terms of one year each and five
shall be appointed for terms of two years each, and (2) appointments
to fill vacancies shall be only for such terms as remain unexpired. The
National Council shall meet at the call of the Chairman.
(b) The National Council shall review and evaluate the adminis-
tration and opera.tion of this title, including its effectiveness in im-
proving the educational attainment of educationally deprived chil-
dren, including the effectiveness of programs to meet their occupational
and career needs, and make recommendations for the improvement
of this title and its administration and operation. These recommenda-
tions shall take into consideration experience gained under this and
other Federal educational programs for disadvantaged children and,
to the extent appropriate, experience gained under other public and
private educational programs for disadvantaged children.
(c) The National Council shall make such reports of its activities,
findings, and recommen dations (including recommendations for
changes in the provisions of this title) as it may deem appropriate and
shall make an annual report to the President and the Congress not
later than March 31 of each calendar year. Such annual report shall
include a report specifically on which of the various compensatory
education programs funded in whole or in part under the provisions
of this title, and of other public and private educational programs for
educationally deprived children, hold the highest promise for raising
the educational attainment of these educationally deprived children.
The President is requested to transmit to the Congress such comments
and recommendations as he may have with respect to such report.
Subject to section 448 (b) of the General Education Provisions Act, the
National Council shall continue to exist until July 1, 1978.
(20 U.S.C. 2411) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat.
34; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 115, 80 Stat. 1197; redesig-
nated and amended Jan. 2, 1968, P.L. 90-247, Title I, sees. 108(a) (4), 110, 114, 81
Stat. 786-788; amended and redesignated April 13, 1970, P.L. 91-230, Title I,
sees. 112, 113(b) (4), 84 Stat. 125, 126; amended August 21, 1974, P.L. 93-380,
sec. 845(a), 88 Stat. 612.
TREATMENT OF EARNINGS FOR PURPOSES OF AID TO FAMILIES WITH
DEPENDENT CHILDREN
SEC. 149. (a) Notwithstanding the provisions of title IV of the
Social Security Act, a State plan approved under section 402 of ~uch
Act shall provide that for a period of not less than twelve months,
and may provide that for a period of not more than twenty-four
months, the first $85 earned by any person in any month for services
rendered to any program assisted under this title of this Act shall
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78
not be regarded (A) in determining the need of such person under
such approved State plan or (B) in d~etermining the need of any other
inchvidual under such approved State plan.
(h) Notwithstanding the provisions of subsection (a) of this sec-
tion, no funds to which a State is otherwise entitled under title IV of
Social Security Act for any period before the fourth month after the
adjournment of the. State's first regular legislative session which ad-
journs more than sixty days after enactment of the Elementary and
Secondary Education Amendments of 1966, shall be withheld by
reason of any action taken pursuant to a State statute which prevents
such State from complying with the requirements of subsection (a.)
of this section.
(20 U.S.C. 241m) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 109, 80 Stat.
1195; redesignated Jan. 2, 1968, P.L. 90-247, Title I, sees. 108(a) (4), 110, 81
Stat. 786, 787; redesignated April 13, 1970, P.L. 91-230, Title I. sec. 113(b) (4),
84 Stat. 126.
ALLOCATION OF FUNDS WITHIN THE SCHOOL DISTRICT OF A LOCAL
EDUCATIONAL AGENCY
SEC. 150. (a) For any fiscal year not more than 20 local educational
agencies selected for the purpose of section 821 (a) (5) of the Educa-
tion Amendments of 1974 may elect, with the approval of the district-
wide parent advisory council which is required to be established under
section 141 (a) (14) of this title, to allocate funds received from pay-
ments under this title on the basis of a method or combination of
methods other than the method provided under section 141 (a) (1) (A).
Any method selected pursuant to this section shall be so designed and
administered as to be free from racial or cultural discrimination.
(b) Any local educational agency to which this section applies shall
submit such reports to the Director of the National Institute of Educa-
tion at such time and in such manner as the Director may reasonably
require to carry out his responsibilities nuder section 821 (a) (5) of
the Education Amendments of 1974.
(20 U.S.C. 241n) Enacted August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 499.
PROGRAM EVALUATION
SEC. 151. (a) The Commissioner shall provide for independent
evaluations which describe and measure the impact of programs and
projects assisted under this title. Such evaluations may be provided by
contract or other arrangements, and all such evaluations shall be made
by competent and independent persons, and shall include, whenever
possible, opinions obtained from program or project pai~ticipants about
the strengths and weaknesses of such programs or projects.
(b) The Commissioner shall develop and publish standards for
evaluation of program or project effectiveness in achieving with objec-
tives of this title. .
(c) The Commissioner shall, where appropriate, consult with State
agencies in order to provide for jointly sponsored objective evaiuation
studies of programs and projects assisted under this title within a
State. .
(d) The Commissioner shall provide to State educational agencies.
models for evaluations of all programs conducted under this title, for
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70
their use in carrying out their functions under section 143(a), which
shall include uniform procedures and criteria to be utilized by local
educational agencies, as well as by the State agency in the evaluation
of such programs.
(e) The Commissioner shall provide such technical and other
assistance as may be necessary to State educational agencies to enable
them to assist local educational agencies in the development and appli-
cation of a systematic evaluation of programs in accordance with the
models developed by the Commissioner.
(f) The models developed by the Commissioner shall specify
objective criteria which shall be utilized in the evaluation of all pro-
grams and shall outline techniques (such as longitudinal studies of
children involved in such programs) and methodology (such as the use
of tests which yield comparable results) for producing data which are
comparable on a statewide and nationwide basis.
(g) The Commissioner shall make a report to the respective com-
mittees of the Congress having legislative jurisdiction over programs
authorized by this title and the respective Committees on Appropria-
tions concerning his progress in carrying out this section not later
than January 31, 1975, and thereafter he shall report to such commit-
tees no later than January 31 of each calendar year the results of the
evaluations of programs and projects required under this section,
which shall be comprehensive and detailed, as up-to-date as possible,
and based to the maximum extent possible on objective measurements,
together with any other related findings and evaluations, and his
recommendations with respect to legislation.
(h) The Commissioner shall also develop a system for the gather-
ing and dissemination of results of evaluations and for the identifica-
tion of exemplary programs and projects, or of particularly effective
elements of programs and projects, and for the dissemination of
information concerning such programs and projects or such elements
thereof to State and local educational agencies responsible for the
design and conduct of programs and projects under this title, and
to the education profession and the general public.
(i) The Commissioner is authorized, out of funds appropriated to
carry out this title in any fiscal year, to expend such sums as may be
necessary to carry out the provisions of this section, but not to exceed
one-half of 1 per centum of the amount appropriated for such pro-
gram, of which $5~OOO,OOO for each fiscal year ending prior to July 1,
1977, shall be available only for the surveys and studies authorized by
section 821 of the Education Amendments of 1974.
(20 U.S.C. 241o) Enacted August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 499,
500:
SHORT TITLE
SEC. 152. This title my be cited as "Title I of the Elementary and
Secondary Education Act of 1965."
Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 116, 80 Stat. 1198; redesignated
Jan. 2, 1968, P.L. 90-247, Title I, sees. 108(a) (4), 110, 81 Stat. 786, 787; redesig-
nated April 13, 1970, P.L. 91-230, see. 113(b) (4), 84 Stat. 126; redesignated
August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 499.
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TITLE IV (P.L. 81-874)-GENERAL
ADMINISTRATION
SEC. 401.1 (a) (Repealed).
(b) The Commissioner shall administer this Act, and he may make
such regulations and perform such other functions as he finds neces-
sary to carry out the provisions of this Act.
(c) The Commissioner shall include in his annual report to the Con-
gress a full report of the administration of his functions under this
Act, including a detailed statement of receipts and disbursement.
(20 U.S.C. 242) Enacted Sept. 30, 1950, c. 1124, P.L. 874. 81st Cong., sec. 7. 64
Stat. 1107; redesignated as Title III, sec. 301, April 11. 1965. P.L. 89-10. Title I,
sec. 3(c) (1), 79 Stat. 35; amended Nov. 3, 1966, P.L. 89-750, Title II. sec. 205, 80
Stat. 1212; subsection (a) repealed April 13, 1970, P.L. 91-230, Title IV, sec.
401(f) (1) and superseded by sec. 422 of P.L. 90-247, Title IV, as amended (20
U.S.C. 1232a) ; redesignated June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 334.
uSE OF OTHER FEDERAL AGENCIES; TRANSFER AND AVAILABILITY OF
APPROPRIATIONS
SEC. 402. (a) In carrying out his functions under this Act. the Com-
missioner is authorized, pursuant to proper agreement with any other
Federal department or agency, to utilize the services and facilities
of such department or agency, and, when he deems it necessary or
appropriate, to delegate to any officer or employee thereof the function
under section 6 of making arrangements for providing free public
education. Payment to cover the cost of such utilization or of carrying
out such delegated function shall be made either in advance or by
way of reimbursement, as may be provided in such agreement.
(b) All Federal departments or agencies administering Federal
property on which children reside, and all such departments or
agencies principally responsible for Federal activities which may oc-
casion assistance under title I, shall to the maximum extent practi-
cable comply with requests of the Commissioner for information lie
may require in carrying out the purposes of title I.
(c) Such portion of the appropriations of any other department or
agency for the fiscal year ending June 30, 1951, as the Director of the
Bureau of the Budget determines to be available for the same purposes
as title I, shall, except to the extent necessary to carry out during such
year contracts made prior to the enactment of title I. he transferred
to the Commissioner for use by him in carrying out such purposes.
(d) No appropriation to any department or agency of the United
States, other than an appropriation to carry out this Act, shall be
available for the employment of teaching personnel for the proVision
of free public education for children in any State or for payments to
any local educational agency (directly or through the State educational
agency) for free public education for children. except t.hat nothing
in the foregoing provisions of this subsection shall affect the avail-
1 Title IV and section 401 of the Act of Sept. 30. 19.90. P.L. 81-574. References In this
title to Title I of the Elementary and Secondary Education Act of 196.9, are to its original
designation on enactment. "Title IT" of Public Law 81-874.
Provisions of this title (as well as provisions of other ncts) repealed by P.L. 91-230
are superseded by provisions of the General Education Provisions Act, as added by Title
IV of P.L. 91-230. amendments to Title IV of P.L. 90-247.
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ability of appropriations for the maintenance and operation of school
facilities (1) on Federal property under the control of the Atomic
Energy Commission or (2) by the Bureau of Indian Affairs, or the
availability of appropriations for the making of payments directed
to be made by section 91 of the Atomic Energy Community Act of
1955, as amended, or the availability of appropriations under the Act
of April 16, 1934, commonly referred to as the Johnson-O'Malley Act
(25 U.S.C., sec. 452).
(20 U.S.C. 243) Enacted Sept. 30, 1950, c. 1124, P.L. 874, 81st Cong., Title III,
sec. 302, formerly sec. 8, 64 Stat. [108; amended Aug. 8, 1953, c. 402, P.L. 248, 83c1
Cong., sec. 9, 67 Stat. 536; amended Aug. 4, 1955, c. 543, c. 11, P.L. 221, 84th Cong.,
sec. 202, 69 Stat. 485; amended Aug. 12, 1955, c. 868, P.L. 382, 84th Cong., sec. 1, 69
Stat. 713; amended Aug. 3, 1956, c. 915, P.L. 949, 84th Cong., Title II, sec. 210, 70
Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 204, 72 Stat. 560; re-
designated and amended April 11, 1965, P.L. 89-10, Title I, sec. 3(c), 79 Stat. 35,
amended April 13, 1970, P.L. 91-230, Title IV, sec. 401 (c) (1), 84 Stat. 173.
Repealed provision superseded by sec. 411 of P.L. 90-247, Title IV, as amended
(20 U.S.C. 1231(a)) ; redesignated June 23, 1972, P.L. 92-318, sec. 411, 86 Stat.
334.
DEFINITIONS
SE0. 403. For the purposes of this Act-
(1) The term "Federal property" means real property which is
owned by the United States or is leased by the United States, and
which is not subject to taxation by any State or any political sub-
division of a State or by the District of Columbia. Such term includes
(A) except for purposes of section 6, real property held in trust by
the United States for individual Indians or Indian tribes, and real
property held by individual Indians or Indian tribes which is subject
to restrictions on alienation imposed by the United States, (B) for
one year beyond the end of the fiscal year in which occurred the sale
or transfer thereof by the TJnited States, any property considered
prior to such sale or transfer to be Federal property for the purposes
of this act, (C) any low-rent housing whether or not owned by the
United States which is part of a low-rent housing project assisted
under the United States Housing Act of 1937, section 516 of the
Housing Act of 1949, or part B of title III of the Economic Oppor-
tunity Act of 1964, and (D) any school which is providing flight
training to members of the Air Force under contractual arrangements
with the Department of the Air Force at an airport which is owned
by a State or a political subdivision of a State. Such term also includes
any interest in Federal property (as defined in the foregoing provisions
of this paragraph) under an easement, lease, license, permit, or other
arrangement, as well as any improvements of any nature (other than
pipelines or utility lines) on such property even though such interests
or improvements are subject to taxation by a State or political subdivi-
sion of a State or by the District of Columbia. Notwithstanding the
foregoing provisions of this paragraph, such term does not include
any real property under the jurisdiction of the Post Office Depart-
ment and used primarily for the provision of postal services.
(2) The term "child," except as used in title II, means any child who
is within the age limits for which the applicable State provides free
public education.
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(8). The term "parent" includes a. legal guardian or other person
standing in loco parentis.
(4) The term "free public education" means education which is
provided at public expense, under public supervision and direction.
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State, except that for the
purposes of title TI such term does not include any education provided
beyond grade 12.
(5) The term "current expenditures" means expenditures for free
public education, including expenditures for administration, instruc-
tion, attendance. and health services, pupil transportation services,
operation and maintenance of plant, fixed charges, and net expendi-
tures to cover deficits for food services and student body activities,
but not including expenditures for community services, capital outlay,
and debt service, or any expenditures made from funds granted under
title II of this Act or title II or ITT of the Elementary and Secondary
Education Act of 1965.
(6) (A) For purposes of title I, the term "local educational agency"
means a board of education or other legally constituted local school
authority having administrative control and direction of free public
education in a county, township, independent, or other school district
located within a State. Such term includes any State agency which
directly operates and maintains facilities for providing free public
education.
(B) For purposes of title II, the term "local educational agency"
inea.ns a public board of education or other public authority legally
constituted within a State for either administrative control or direc-
tion of, or to perform a service function for, public elementary or
secondary schools in a city, county, township, school district, or other
political subdivision of a State, or such combination of school districts
or counties as are recognized in a State as an administrative agency
for. its public elementary or secondary schools. Such term includes
any other public institution or agency having administrative control
and. direction of a public elementary or secondary school, and it also
includes (except for purposes of sections 203(a) (2), 203(b), and
.205 (a) (1)) any State agency which is directly responsible for pro-
.viding free~ public education for handicapped children (mcluding
mentally retarded, hard of hearing, dea.f, speech impaired, visually
handicapped, seriously emotionally disturbed, crippled, or other health
impaired children who by reason thereof require s~ecia.l education)
or for children in institutions for neglected or delinquent children.
(7) The term"State educational agency" means the officer or agency
primarily responsible for the State supervision of public elementary
and secondary schools.
(8) The. term "State" means a State, Puerto Rico, Wake Island,
Guam, the District of Columbia., American Samoa, or the Virgin
Islands, and for purposes of title II, such term mcludes the Trust
Territory of the Pacific Islands. . .
(9) The terms "Commissioner of Education" a.nd "Commissioner'
means the United States Commissioner of Education.
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(10) Average daily attendance shall be determined in accordance
with State law, except that (A) the average daily attendance of
children with respect to whom payment is to be made under section
3 or 4 of this Act shall be determined in accordance with regulations of
the Commissioner, and (B) not withstanding any other provision of
this Act, where the local educational agency of the school district in
which any child resides makes or contracts to make a tuition payment
for the free public education of such child in a school situated in
another school district, for purposes of this Act the attendance of such
child at such school shall be held and considered (i) to be attendance
at a school of the local educational agency so making or contracting
to make such tuition payment, and (ii) not to be attendance at a school
of the local educational agency receiving such tuition payment or
entitled to receive such payment under the contract.
(11) The term "county" means those divisions of a State utilized by
the Secretary of Comnierce in compiling and reporting data regarding
counties.
(12) The term "construction" includes the preparation of drawings
and specifications for school facilities; erecting, building, acquiring,
altering, remodeling, improving, or extending school facilities; and the
inspection and supervision of the construction of school facilities.
(13) The term "school facilities" means classrooms and related
facilities (including initial equipment) for free public education and
interests in land (including site, grading, and improvements) on which
such facilities are constructed, except that such term does not include
those gymnasiums and similar facilities intended primarily for exhibi-
tions for which admission is to be charged to the general public.
(14) The term "equipment" includes machinery, utilities, and built-
in equipment and any necessary enclosures or structures to house them,
and includes all other items necessary for the functioning of a particu-
lar facility as a facility for the provision of educational services, in-
cluding items such as instructional equipment and necessary furniture,
printed, published, and audio-visual instructional materials, and books,
periodicals, documents, and other related materials.
(15) For the purpose of title IT, the term "elementary school" means
a day or residential school which provides elementary education, as
determined under State law, and the term "secondary school" means a
day or residential school which provides secondary education, as deter-
mined under State law, except that it does not include any education
provided beyond grade 12.
(16) For purposes of title IT, the "average per pupil expenditure"
in a State, or in the United States, shall be the aggregate current
expenditures, during the second fiscal year preceding the fiscal year
for which the computation is made (or if satisfactory data for that
year are not available at the time of computation, then during the
most recent preceding fiscal year for which satisfactory data are
available, of all local educational agencies as defined in section
403(6) (B) in the State, or in the United States (which for the pur-
poses of this subsection means the fifty States, and the District of
Columbia), as the case may be, plus any direct current expenditures
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by the State for operation of such agencies (without regard to the
source of funds from which either of such expenditures are made),
divided by the aggregate number of children in average daily attend-
ance to whom such agencies provided free public education during
such preceding year.
(17) For the purposes of title 11, "excess costs" means those costs
directly attributable to programs and projects which exceed the aver-
age per pupil expenditure of a local educational agency in the most
recent year for which satisfactory data are available for pupils in the
grade or grades included in such programs or projects (but not includ-
ing expeditures for any comparable State or local special programs, for
educationally deprived children or expenditures for bilingual pro-
grams or special education for handicapped children or children with
specific learning disabilities, if such expenditures for bilingual educa-
tion and special education are used to provide, to children of limited
English-speaking ability and handicapped children, and children with
specific learning disabilities who reside in title I project areas, services
which are comparable to those provided to similarly disadvantaged
children residing in nonproject areas).
(20 U.S.C. 244) Enacted Sept. 3Q,: 1950, c. 1124, P.L. 874, 81st Cong., Title III,
sec. 303, formerly sec. 9, 64 Stat. 1108; amended Aug. 8, 1953, c. 402, P.L. 248. 83d
Cong., sec. 10, 67 Stat. 536; amended Aug. 1, 1956, c. 852, P.L. 896, 84th Cong., sec.
10,70 Stat. 909; amended Aug. 3, 1956, c. 915, P.L. 949, 84th Cong., Title II, sec. 211,
70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 205, 72 Stat. 560;
amended June 25, 1959, P.L. 86-70, sec. 18(d) (4), 73 Stat. 145; amended July 12,
1960, P.L. 86-624, sec. 14(d) (4), 74 Stat. 414; amended Oct. 16, 1964, P.L. 88-
665, Title XI, sec. 1102(b), 78 Stat. 1109; redesignated, and amended April 11,
1965, P.L. ~89-10, Title I, secs. 3(c) (1), 4(a)-(c), (d) (1), (e), 79 Stat. 35;
amended Nov. 1, 1965, P.L. 89-313, sec. 6(c), 79 Stat. 1162; amended Nov. 3,
1966, P.L. 89-750, Title I, sec. 117(a) (1), (b), Title II, sec. 206. 80 Stat. 1198,
1199, 1213; amended Jan. 2, 1968, P.L. 90-247, Title II, sec. 201. 81 Stat. 806;
amended April 13, 1970, P.L. 91-230, Title II, sec. 203(b), 84 Stat. 156. Amend-
ment effective after June 30, 1970; redesignated June 23, 1972, P.L. 92-318, sec.
411, 86 Stat. 334; amended August 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 501.
Elementary and Secondary Education Act of 1965
(P.L. 89-10)
Trnus II, III, V, VII. AND VIII
AN ACT To strengthen and improve educational quality and educational
opportunities in the Nation's elementary and secondary schools
Be is enacted b?J the Senate and Howse of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Elementary and Secondary Education Act of 1965".
TITLE I-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENC~S FOR
THE EDUCATION OF CHILDREN OF LOW-INcOME FAMILIES AND EXTEN-
SION OF PUBLIC LAw 874, EIGHTY-FIRST CONGRESS
* * * * *
(NoTE-Title I is an amendment to P.L. 874, 81st Cong., and is included herein
on p. 57as a separate program.)
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TITLE TI-SCHOOL LIBRARY RESOURCES, TEXTBOOKS
AND OTHER INSTRUCTIONAL MATERIALS 1
APPROPRIATIONS AUTHORIZED
SEc. 201. (a) The Commissioner shall carry out a program for
makiiig grants for the acquisition of school library resources, text-
books, and other printed and published instructional materials for the
use of children and teachers in public and private elementary and
secondary schools.
(b) For the purpose of making grants under this title, there are
hereby authorized to be. appropriated the sum of $100,000,000 for the
fiscal year ending June 30, 1966, $125,000,000 for the fiscal year ending
June 30, 1967, $150,000,000 for the fiscal year ending June 30, 1968,
$162,500,000 for the fiscal year ending June 30, 1969, $200,000,000 for
each of the fiscal years ending June 30, 1970, and June 30, 1971,
$210,000,000 for the fiscal year ending June 30, 1972, and $220,000,000
for the fiscal year ending June 30, 1973, and each of the five succeeding
fiscal years, except that no funds are authorized to be appropriated for
obligation by the Commissioner during any year for which funds are
available for obligation by the Commissioner for carrying out part B
of title IV.
(20 U.S.C. 821) Enacted April 11, 1065, P.L. 89-10, Title II, sec. 201, 79 Stat.
36; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 121, 80 Stat. 1199; amended
Jan. 2, 168, P.L. 90-247, Title III, sec. 301(b), 81 Stat. 813; amended April 13,
1970, P.L. 91-230, Title I, sec. 121(a), 84 Stat. 130; amended Aug. 21, 1974,
P.L. 93-380, sec. 102(a), 88 Stat. 501.
ALLOTMENT TO STATES
SEc. 202. (a) (1) There is hereby authorized to be appropriated
for each fiscal year for the purposes of this paragraph an amount equal
to not more than 1 per centuin of the amount appropriated for such
year for payments to States under section 201 (b). The Commissioner
shall allot the amount appropriated pursuant to this paragraph among
Guam, American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands according to their respective needs for assistance
under this title. In addition, he shall allot from such amount to (A)
the Secretary of the Interior the amount necessary for such assistance
for children and teachers in elementary and secondary schools oper-
ated for Indian children by the Department of the Interior, and (B)
the Secretary of Defense the amount necessary for such assistauce for
children and teachers in the overseas dependents schools of the Depart-
ment of Defense. The terms upon which payments for such purpose
shall be made to the Secretary of Interior and the Secretary of Defense
1 Section 519 of P.L. 93-380 provides as follows:
SEC. 519. (a) There is established, in the Office of Education, an Office of Libraries
and Learning Resources (hereafter in this section referred to as the "Office") through
which the Commissioner shall `administer all programs in the Office of Education related
to `assistance for, and encouragement of, libraries and information centers and education
technology.
(b) The Office shall be headed by a Director, to whom the Commissioner shall delegate
his delegable functions with respect to the programs administered through the Office.
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shall be determined pursuant to such criteria as the Commissioner
determines will best carry out the purpose of this title.
(2) From the sums appropriated for carrying out this title for any
fiscal year pursuant to section 201 (b), the Commissioner shall allot
to each State an amount which bears the same ratio to the total of
such sums as the number of children enrolled in the public and private
elementary and secondary schools of that State bears to the total
number of children so enrolled in such schools in all of the States.
The number of children so enrolled shall be determined by the Com-
missioner on the basis of the most recent satisfactory data available
to him. For purposes of this subsection, the term "Stat&' shall not in-
clude Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be required
for such fiscal year shall be available for reallotnient from time to time,
on such dates during such year as the Commissioner may fix, to other
States in proportion to the original allotments to such States under
subsection (a) for that year but with such proportionate amount for
any of such other States being reduced to the extent it exceeds the
sum the Commissioner estimates such State needs and will be able to
use for such year; aiid the. total of such reduction shall he similary
realloted among the States whose proportionate amounts were not
so reduced. Any amounts rea.llotted to a State under this subsection
during a year from funds appropriated pursuant to section 201 shall
be deemed part of its allotment under section (a) for such year.
(20 U.S.C. 822) Enacted April 11, 1965. P.L. 89-10, Title IL sec. 202, 79 Stat.
36; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 122, 80 Stat. 1199; amended
Jan. 2, 1968, P.L. 90-247, Title I. sec. 121, 81 Stat. 788; amended April 13. 1970,
P.L. 91-230, Title I, sec. 121(b), 84 Stat. 130: amended June 23. 1972. P.L.
92-318, sec. 421(b) (1) (A), 86 Stat. 341; amended August 21, 1974, P.L. 93-380,
sec. 102(b), 88 Stat. 502.
STATE PLANS
SEc. 203 (a) Any State which desires to receive grants under this
title shall submit to the Commissioner a State. plan, in such detail as
the Commissioner deems necessary, which-
(1) designates a State agency which shall. either directly or
through arrangements with other State or local public agencies,
act as the sole agency for administration of the State plan;
(2) sets forth a program under which funds paid to the State
from its allotment under section 202 will be expended solely for
(A) acquisition of library resources (which for the Imrposes of
this title means books, periodicals, docmnents, audio-visual mate-
rials, and other. related library materials), textbooks, and other
printed and published instructional materials for the use of
children and teachers in public and private elementary and
secondary schools in the State, and (B) administration of the
State plan, including (i) the development and revision of stand-
ards relating to library resources. textbooks, and other printed and
published instructional materials furnished for the use of children
and teachers in the public elementary and secondary schools of
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the State, and (ii) the distribution and control by a local educa-
tional agency of such library resources, textbooks, and other in-
structional materials in carrying out such State plan for the use of
children and teachers in schools referred to in clause (A), except
that the amount used for administration of the State plan for any
fiscal year shall not exceed an amount equal to 5 per centum of
the amount paid to the State under this title for that year or
$50,000, whichever is greater;
(3) sets forth the criteria to be used in allocating library
resources, textbooks, and other printed and published instruc-
tional materials provided under this title among the children and
teachers of the State, which criteria shall-
(A) take into consideration the relative need, as determined
from time to time, of the children and teachers of the State
for such library resources, textbooks, or other instructional
materials,
(B) provide assurance that to the extent consistent with
law such library resources, textbooks, and other instructional
materials will be provided on an equitable basis for the use
of children and teachers in private elementary and secondary
schools in the State which comply with the compulsory at-
tendance laws of the State or are otherwise recognized by it
through some procedure customarily used in the State,
(C) provide assurance that, in order to secure the effective
and efficient use of Federal funds, there will be appropriate
coordination at both State and local levels between the pro-
gram carried out under this title with respect to library re-
sources and the program (if any) carried out under the
Library Services and Construction Act (20 U.S.C. ch. 16),
and
(D) provide assurance that equal consideration shall be
given to the needs of elementary and secondary schools for
library resources, textbooks, and other printed and published
materials utilized for instruction, orientation, or guidance
and counseling in occupational education.
(4) sets forth the criteria to be used in selecting the library
resources, textbooks, and other instructional materials to be pro-
vided under this title and for determining the proportions of the
State's allotment for each fiscal year which will be expended for
library resources, textbooks, and other printed and published
instructional materials, respectively, and the terms by which such
library resources, textbooks, and other instructional materials will
be made available for the use of children and teachers in the
schools of the State;
(5) sets forth policies and procedures designed to assure that
Federal funds made available under this title for any fiscal year
will be so used as to supplement and, to the extent practical,
increase the level of State. local, and private school funds that
would in the absence of such Federal funds be made available for
library resources, textbooks, and other printed and published
instructional materials, and in no case supplant such State, local,
and private school funds;
44-078 0 - 75 - 7
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((I) sets forth such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of,
and accounting for, Federal funds paid to the State (including
any such funds paid by the State to any other public agency)
under this title; and
(7) provides for making such reports, in such form and con-
taining such information, as the Commissioner may reasonably
require to carry out his functions under this title. and for keeping
such records and for affording such access thereto as the Commis-
sioner may find necessary to assure the correctness and verification
of such reports.
(b) The Comrnissio~er shall approve any State plan and any modi-
fication thereof whichcomplies with the provisions of subsection (a).
(20 U.S.C. 823) Enacted April 11, 1965, P.L. 89-10, Title II, sec. 203, 79 Stat.
37; amended Nov. 3, 1966, P.L. 89-750, Title I, see. 123, 80 Stat. 1200; amended
June 23, 1972, P.L. 92-318, sec. 509(a) (1), 86 Stat. 353.
PAYMENTS TO STATES
SEC. 204. (a) From the amounts allotted to each State imder section
202 the Commissioner shall pay to that State an amount equal to the
amount expended by the State in carrying out its State plan. Such
payments may be made in installments, and in advance or by way of
reimbursement, with necessary adjustments on accoirnt of overpay-
ments or underpayments.
(b) In any State which has a State plan approved under section
203 (b) and in which no State agency is authorized by law to provide
library resources, textbooks, or other printed and published instruc-
tional materials for the use of children and teachers in any one or
more elementary or secondary school in such State, the Commissioner
shall arrange for the provision on an equitable basis of such library
resources, textbooks, or other instructional materials for such use and
shall pay the cost thereof for any fiscal year ending prior to July 1,
1973, out of that State's allotment.
(20 U.S.C. 824) Enacted Apr11 11, 1965, P.L. 89-10, Title II, sec. 204, 79
Stat. 38; amended April 13, 1970, P.L. 91-230, Title I, see. 121(c), 84, Stat. 130.
PUBLIC CONTROL OF LIBRARY RESOURCES, TExTBOoKS, AND OTHER
INSTRUCTIONAL MATERIAL AND TYPES WHICH MAY BE MADE AVAIL-
ABLE
SEC. 205. (a) Title to library resources, textbooks, and other printed
and published instructional materials furnished pursuant to this title,
and control and administration of their use, shall vest only in a public
agency.
(b) The library resources, textbooks, and other printed and pub-
lished instructional materials made available pursuant to this title for
use of children and teachers in any school in any State shall be limited
to those which have been approved by an appropriate State or local
educational authority or agency for use, or are used. in a public ele-
mentary or secondary school of that State.
(20 U.S.C. 825) Enacted April 11, 1965, P.L. 89-10, Title II, sec. 205, 79 Stat.
38.
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89
ADMINISTRATION OF STATE PLANS
SEC. 206. (a) The Commissioner shall not finally disapprove any'
State plan submitted under this title, or any modification thereof,
without first affording the State agency administering the plan
reasonable notice and opportunity for a hearing.
(b) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to such State agency, finds-
(1) that the State plan has been so changed that it no longer
complies with the provisions of section 203 (a), or
(2) that in the administration of the plan there is a failure to
comply substantially with any such provisions,
the Commissioner shall notify such State agency that the State will
not be regarded as eligible to participate in the program under this
title until he is satisfied that there is no longer any such failure to
comply.
(20 U.S.C. 826) Enacted April 11, 1965, P.L. 89-10, Title II, sec. 206, 79 Stat. 39.
JTJDICIAL REVIEW
SEC. 207. (a) If any State is dissatisfied with the Commissioner's
final action with respect to the approval of its State plan submitted
under section 203 (a) or with his `final action under section 206 (b),
such State may, within sixty days after notice of such action, file with
the United States court of appeals for the circuit in which such State
is located a petition for review of that action. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the Commis-
sioner. The Commissioner thereupon shall file in the court the record
of the proceedings. on which he based his action, as provided in section
2112 of title 28, United States Code.
(b) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further
evidence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of the further proceedings. Such new or
modified. findings of fact shall likewise be conclusive if supported by
substantial evidence.
(c) The court shall have jurisdiction to affirm the action of the Com-
missioner or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
(20 U.S.C. 827) Enacted April 11, 1965, P.L. 89-10, Title II, sec. 207, 79 Stat. 39.
TITLE 111-SUPPLEMENTARY EDUCATIONAL CENTERS
AND SERVICES; GUIDANCE, COUNSELING, AND TEST-
ING
APPROPRIATIONS AtITHORIZED
SEC. 301. (a) The Commissioner shall carry out a program for mak-
ing grants for supplementary educational centers and services, to
stimulate and assist in the provision of vitaly needed educational
PAGENO="0100"
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services not available in sufficient quantity or quality, and to stimulate
and assist in the development and establishment, of exemplary ele-
mentary and secondary school educational programs to serve as models
for regular school programs. and to assist the States in establishing
and maintaining programs of testing and guidance and counseling.
(b) For the purpose of making grants under this title. there is
here.by authorized to be appropriated the sum of $550.000.000 for the
fiscal year ending June 30, 1971, $575,000,000 for the fiscal year ending
June 30, 1972, and $605,000,000 for the fiscal year ending June 30,
1973, and each of the five succeeding fiscal years. except that no funds
are authorized to be appropriated for obligation by the Commissioner
during any year for which funds are available for obligation by the
Commissioner for carrying out part C of title IV. In addition. there.
are hereby authorized to be appropriated for the fiscal year ending
June 30, 1971, and each of the succeeding fiscal years. such sums as
may be necessary for the administration of State plans, the activities
of advisory councils, and the evaluation and dissemination activities
required under this title.
(20 U.S.C. 841) Enacted April 11, 19~5, P.L. 89-10, Title ilL sec. 301. 79
Stat. 39; amended Nov 3, 1966, P.L. 89-750, Title I. sec. 131, 80 Stat. 1201;
amended Jan. 2, 1968, P.L. 90-247, Title I, sec. 131. 81 Stat. 788: amended April 13.
1970, P.L. 91-230, Title I, sec. 131(a) (1), 84 Stat. 130; amended August 21. 1974,
P.L. 93-380, sec. 103(a), 88 Stat. 502.
ALLOTMENT AMONG STATES
SEc. 302. (a) (1) There is hereby authorized to be appropriated for
each fiscal year for the purposes of this paragraph an amount eciual to
not more than 1 per centum of the amount appropriated for such year
for grants under this title. The Commissioner shall allot the amount
appropriated pursuant to this paragraph among Guam. American
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands according to their respective needs for acsistance under this
title. In addition, he shall allot from such amount to (A) the Secre-
tary of the Interior the amount necessary to pro~-ide pro~rams and
projects for the purpose of this title for individuals on reservations
serviced by elementary and secondary schools onerated for Indian
children by the Department of the Interior, and (B) the Secretary of
Defense the amount necessary for such assistance for children and
teachers in the overseas dependents schools of the Department of
Defense. The terms upon which payments for such purpose shall be
made to the Secretary of the Interior and the Secretary of Defense.
shall be determined pursuant to such criteria as the Commissioner de-
termines will best carry out the purnoses of this title.
(2) From the sums appropriated for making grants under this title
for any fiscal year pursuant to section 301 (h). the Commissioner shall
allot $200,000 to each State and shall allot the remainder of such sums
among the States as follows:
(A) He shall allot to each State an amount which bears the
same ratio to 50 per centum of such remainder as the number of
children aged five to seventeen. inclusive, in the State bears to the
number of such children in all t.he States, and
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(13) He shall allot to each State an amount which bears the
same ratio to 50 per centum of such remainder as the population
of the State bears to the population of all the States.
For the purposes of this subsection, the term "State" does not include
Guam, American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands.
(b) The number of children aged five to seventeen, inclusive, and
the total population of a State and of all the States shall be determined
by the Commissioner on the basis of the most recent satisfactory datft
available to him.
(c) The amount allotted to any State under subsection (a) for any
fiscal year, which the Commissioner determines will not be required
for the period for which that amount is available, shall be available
for grants pursuant to section 306 in such State, and if not so needed
may be reallotted or used for grants pursuant to section 306 in other
States. Funds available for reallotment may be reallotted from time to
time, on such dates during that period as the Commissioner may fix,
among other States in proportion to the amounts originally allotted
among those States under subsection (a) for that year, but with the
proportionate amount for any of the other States being reduced to the
extent it exceeds the sum the Commissioner estimates that State needs
and will be able to use for that period; and the total of these reduc-
tions may be similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amount reallotted to a State under
this subsection from funds appropriated pursuant to section 301 for
any fiscal year shall be deemed to be a part of the amount allotted to it
under subsection (a) for that year.
(d) The amounts made available under the first sentence of sub-
section (c) for any fiscal year shall remain available for grants during
the next succeeding fiscal year.
(20 U.S.C. 842) Enacted April 11, 1965, P.L. 89-10, Title III, sec. 302, 79
Stat. 40; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 132, 80 Stat. 1201;
amended Jan. 2, 1968, P.L. 90-247, Title I, sec. 131, 81 Stat. 789; amended
April 13, 1970, P.L. 91-230, Title I, sec. 131 (a) (1), 84 Stat. 131; amended June
23, 1972, P.L. 92-318, sec. 421(b) (1) (B), 86 Stat. 341.
USES OF FEDERAL FErNDS
SEC. 303. (a) It is the purpose of this title to combine within a
single authorization, subject to the modifications imposed by the provi-
sions and requirements of this title, the programs formerly authorized
by this title and title V-A of the National Defense Education Act of
1958, and except as expressly modified by this title, Federal funds may
be used for the same purposes and the funding of the same types of
programs previously authorized by those titles.
(b) Funds appropriated pursuant to section 301 shall be available
only for grants in accordance with applications approved pursuant
to this title for-
(1) planning for and taking other steps leading to the develop-
ment of programs or projects designed to provide supplementary
educational activities and services described in paragraphs (2)
and (3), including pilot projects designed to test the effectiveness
of plans so developed;
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(2) the establishment or expansion of exemplary and innova-
tive educational programs (including dual-enrollment programs
and the lease or construction of necessary facilities) for the pur-
pose of stimulating the adoption of new educational programs
(including those described in section 503(4) and special programs
for handicapped children) in the schools of the State; and
(3) the establishment, maintenance, operation, and expansion
of programs or projects, including the lease or construction of
necessary facilities and the acquisition of necessary equipment,
designed to enrich the programs of local elementary and second-
ary schools and to offer a diverse range of educational experience
to persons of varying talents and needs by providing, especially
through new and improved approaches, supplementary educa-
tional services and activities, such as-
(A) remedial instruction, and school health, physical edu-
cation, recreation, psychological, social work, and other serv-
ices designed to enable and encourage persons to enter, remain
in, or reenter educational programs, including the provision
of special educational programs and study areas during peri-
ods when schools are not regularly in session;
(B) comprehensive academic services and, where appro-
priate, vocational guidance and counseling, for continuing
adult education;
(C) programs designed to encourage the development in
elementary and secondary schools of occupational informa-
tion and counseling and guidance, and instruction in occupa-
tional education on an equal footing with traditional
academic education;
(D) specialized instruction and equipment for students
interested in studying advanced scientific subjects, foreign
languages, and other academic subjects which are not taught
in the local schools or which can be provided more effectively
on a centralized basis, or for persons who are handicapped or
of preschool age;
(E) making available modern educational equipment and
specially qualified personnel, including artists and musicians,
on a temporary basis for the benefit of children in public and
other nonprofit schools, organizations, and institutions;
(F) developing, producing, and transmitting radio and
television programs for classroom and other educational use;
(G) in the case of any local educational agency which is
making a reasonable tax effort but which is nevertheless
unable to meet critical educational needs (including preschool
education), because some or all of its schools are seriously
overcrowded, obsolete, or unsafe, initiating and carrying out.
programs or projects designed to meet those needs. particu-
larly those which will result in more effective use of existing
facilities;
(H) providing special educational and related services for
persons who are in or from rural areas or who are or have
been otherwise isolated from normal educational opl?Ortufli-
ties, including, where appropriate, the provision of mobile
educational services and equipment, special home study
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courses, radio, television, and related forms of instruction,
bilingual education methods and visiting teachers' programs;
(I) encouraging community involvement in educational
programs;
(J) providing programs for gifted and talented children;
and
(K) other specially designed educational programs or
projects which meet the purposes of this title; and
(4) programs for testing students in the public and private ele-
mentary and secondary schools and in junior colleges and techni-
cal institutes in the State, and programs designed to improve
guidance and counseling services at the appropriate levels in such
schools.
(c) In addition to the uses specified in subsection (b), funds appro-
priated for carrying out this title may be used for-
(1) proper and efficient administration of State plans;
(2) obtaining technical, professional, and clerical assistance
and the services of experts and consultants to assist the advisory
councils authorized by this title in carrying out their responsibili-
ties; and
(3) evaluation of plans, programs, and projects, and dissemina-
tion of the results thereof.
(20 U.S.C. 843) Enacted April 11, 1965, P.L. 89-10, Title III, sec. 303, 79 Stat.
40; amended Nov. 3, 1966,P.L. 89-750, Title I, see 152(b), 80 Stat. 1203, amended
Jan. 2, 1968, P.L. 90-247, Title I, sec. 131, 81 Stat. 790; amended April 13, 1970,
Title I, P.L. 91-230, sec. 131(a) (1), 84 Stat. 132; renumbered and clause (c)
added June 23, 1972, P.L. 92-318, see. 509(a) (2), 86 Stat. 353.
APPLICATION FOR GRANTS; CONDITIONS FOR APPROVAL
SEC. 304. (a) A grant under this title pursuant to an approved
State plan or by the Commissioner for a supplementary educational
center or service program or project may be made only to a local educa-
tional agency or agencies, and then only if there is satisfactory assur-
ance that, in the planning of that program or project there has been,
and in the establishment and carrying out thereof there will be,
participation of persons broa dlv representative of the cultural and
educational resources of the area to be served. The term "cultural and
educational resources" includes State educational agencies, institutions
of higher education, nonprofit private schools, public and nonprofit
private agencies such as libraries, museums, musical and artistic orga-
nizations, educational radio and television, and other cultural and
educational resources. Such grants may be made only upon applica-
tion to the appropriate State educational agency or to the Commis-
sioner, as the case may be, at such time or times, in such manner, and
containing or accompanied by such information as the Commissioner
deems necessary. Such application shall-
(1) provide that the activities and services for which assistance
under this title is sought will be administered by or under the
supervision of the applicant;
(2) set forth a program for carrying out the purposes set forth
in section 303 (b) and provide for such methods of administration
as are necessary for the proper and efficient operation of the
programs;
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94
(3) set forth policies and procedures which assure that Federal
funds made available under this title for any fiscal year will be
so used as to supplement and, to the extent practical, increase the
level of funds that would, in the absence of such Federal ftmds,
be made available by the applicant for the purposes described in
section 303 (b), and in no case supplant such funds;
(4) provide, in the case of an application for assistance under
this title which includes a project for the construction of necessary
facilities, satisfactory assurance that-
(A) reasonable provision has been made. consistent with
the other uses to be made of the facilities, for areas in such
facilities which are adaptable for artistic and cultural
activities,
(B) upon completion of the construction, title to the facili-
ties will be in a State or local educational agency, and
(C) in developing plans for such facilities (i) due consid-
eration will be given to excellence of architecture and design
and to the inclusion of works of art (not representing more
than 1 per centum of the cost of the project), and (ii) there
will be compliance with such standards as the Secretary may
prescribe or approve in order to insure that. to the extent
appropriate in view of the uses to be made of the facilities,
such facilities are accessible to and usable by handicapped
persons;
(5) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under thi~
title; ai~d
(6) provide for making an annual report, and such other re-
ports, in such form and containing such information, as the Com-
missioner may reasonably require to carry out his functions under
this title and to determine the extent to which funds provided
under this title have been effective in improving the educational
opportunities of persons in the area served, and for keeping such
records and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
(b) An application by a local educational agency for a grant under
this title may be approved only if it is consistent with the applicable
provisions of this title and-
(1) meets the requirements set forth in subsection (a)
(2) provides that the program or project for which application
is made-
(A) will utilize the best available talents and resources
and will substantially increase the educational opportunities
in the area to be served by the applicant, and
(B) to the extent consistent with the number of children
enrolled in nonprofit private schools in the area to be served
whose educational needs are of the type provided by the pro-
gram or project, makes provision for the participation of
such children; and
(3) has been reviewed by a panel of experts.
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95
(c) Amendments of applications shall, except as the Commissioner
may otherwise provide by or pursuant to regulations, be subject to
approval in the same manner as original applications.
(20 U.S.C. 844) Enacted April 11, 1965, P.L. 89-10, Title III, sec. 304, 79 Stat.
41; amended Nov. 3, 1966, P.L. 89-750, Title I, secs. 133, 134, 80 Stat. 1201, 1202;
amended Jan. 2, 1968, P.L. 90-247, Title I, sec. 131, 81 Stat. 791; amended April
13, 1970, P.L. 91-230, Title I, sec. 131 (a) (1), 84 Stat. 133.
STATE PLANS
SEC. 305. (a) (1) Any State desiring to receive payments for any
fiscal year to carry out a State plan under this title shall (A) establish
within its State educational agency a State advisory council (herein-
after referred to as the State advisory council) which meets the
requirements of this subsection, (B) set dates before which local edu-
cational agencies must have submitted applications for grants to the
State educational agency, and (C) submit to the Commissioner,
through its State educational agency, a State plan at such time and
in such detail as the Commissioner may deem necessary. The Commis-
sioner may, by regulation, set uniform dates for the submission of
State plans and applications.
(2) The State advisory council, established pursuant to paragraph
(1) shall-
(A) be appointed by the State educational agency, and be
broadly representative of the cultural and educational resources
of the State (as defined in section 304(a)) and of the public, in-
cluding persons representative of-
(i) elementary and secondary schools,
(ii) institutions of higher education, and
(iii) areas of professional competence in dealing with chil-
dren needing special education because of physical or mental
handicaps;
(B) advise the State educational agency on the preparation of,
and policy matters arising in the administration of, the State
plan, including the development of criteria for approval of ap-
plications under such State plan;
(C) review, and make recommendations to the State educa-
tional agency on the action to be taken with respect to, each ap-
plication for a grant under the State plan;
(ID) evaluate programs and projects assisted under this title;
and
(E) prepare and submit through the State educational agency
a report of its activities, recommendations, and evaluations, to-
gether with such additional comments as the State educational
agency deems appropriate, to the Commissioner and to the Na-
tional Advisory Council, established pursuant to this title, at such
times, in such form, and in such detail, as the Secretary may
prescribe.
(3) Not less than ninety days prior to the beginning of any fiscal
year in which a State desires to receive a grant under this title, such
State shall certify the establishment of, and membership of, its State
advisory counc~l to the Commissioner.
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96
(4) Each State advisory council shall meet within thirty days after
certification has been accepted by the Commissioner and select from
its membership a chairman. The time, place, and manner of meeting
shall be as provided by such council, except that such council shall
have not less than one public meeting each year at which the public
is given opportunity to express views concermng the administration
and operation of this title.
(5) State advisory councils shall be authorized to obtain the serv-
ices of such professiollal, technical, and clerical persom~e1 as may be
necessary to enable them to carry out their functions under this title
and to contract for such services as may be necessary to enable them
to carry out their evaluation functions.
(b) The Commissioner shall approve a State plan, or modification
thereof, if he determines that the plan submitted for that fiscal year-
(1) (A) except in the case of funds available for the purpose
described in paragraph (4) of section 303(b) ,~ sets forth a pro-
gram (including educational needs, and their basis, and the man-
ner in which the funds paid to the State under this title shall be
used in meeting such educational needs) under which funds paid
to the State under section 307(a) will be expended solely for the
improvement of education in the State through grants to local
educational agencies for programs or projects in accordance with
sections 303 and 304: Provided, That, in the case of a State educa-
tional agency that also is a local educational agency, its approval
of a program or project to be carried out by it in the latter capacity
shall, for the purposes of this title, be deemed an award of a grant
by it upon application of a local educational agency if the State
plan contains, in addition to the provisions otherwise required by
this section, provisions and assurances (applicable to such pro-
grams or project) that are fully equivalent to those otherwise
required of a local educational agency;
(B) in the case of funds available for the purPose described in
paragraph (4) of section 303 (b), sets forth-
(i) a program for testing students in the public elementary
and secondary schools of such State or in the public junior
colleges and teclmical institutes of such State, and, if author-
ized by law, in other elementary and secondary schools amil
in other junior colleges and technical institutes in such State,
to identify students with outstanding aptitudes and ability,
and the means of testing which will be utilized in carrying
out such program; and
(ii) a program of guidance and collnsehng at the appro-
priate levels in the public elementary and secondary schools
or public junior colleges and teelmical institutes of such
State, (A) to advise students of courses of study best suited
to their ability, aptitudes and skills, (B) to advise students in
1 Sec. 131(b) of Public Law 91-230 provIdes as follows:
`(b) In the case of any fiscal year ending prior to July i, 1973. each State submitting
a State plan under title III of the Elementary and Secondary Educiition Act of 1985
shall assure the Commissioner of Education that it will expend for the purpose described
in paragraph (4) of section 303(b) of such title III an amount at least equal to 50 per
centum of the amount expended by that State for the purposes of title V-A of the
National Defense Education Act of 1958 from funds appropriated pursuant to such title
V-A for the fiscal year ending June 30, 1970."
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97
their decisions as to the type of educational program they
should pursue, the vocation they train for and enter, and the
job opportunities in the various fields, and (C) to encourage
students with outstanding aptitudes and ability to complete
their secondary school education, take the necessary courses
for admission to institutions of higher education, and enter
such institutions and such programs may include, at the
discretion of such State agency, short-term sessions for
persons engaged in guidance and counseling in elementary
and secondary schools, junior colleges, and technical institutes
in such State;
(2) sets forth the administrative organization and procedures,
including the qualifications for personnel having responsibilities
in the administration of the plan in such detail as the Commis-
sioner may prescribe by regulation;
(3) sets forth criteria for achieving an equitable distribution of
assistance under this title, which criteria shall be based on con-
sideration of (A) the size and population of the State, (B) the
geographic distribution and density of the population within the
State, and (C) the relative need of persons in different geographic
areas and in different population groups within the State for the
kinds of services and activities described in section 303, and the
financial ability of the local educational agencies serving such
persons to provide such services and activities;
(4) provides for giving special consideration to the application
of any local educational agency which is making a reasonable tax
effort but which is nevertheless unable to meet critical educational
needs, including preschool education for four- and five-year-olds
and including where appropriate bilingual education, because
some or all of its schools are seriously overcrowded (as a result of
growth or shifts in enrollment or otherwise), obsolete, or unsafe;
(5) provides that, in approving applications for grants for
programs or projects, applications proposing to carry out pro-
grams or projects planned under this title will receive special
consideration;
(6) provides for adoption of effective procedures (A) for the
evaluation, at least annually, of the effectiveness of the programs
and projects, by the State advisory council, supported under the
State plan in meeting the purposes of this title (B) for appropri-
ate dissemination of the results of such evaluations and other
information pertaining to such programs or projects, and (C) for
adopting, where appropriate, promising educational practices
developed through such programs or projects;
(7) provides that not less than 50 per centum of the amount
which such State receives to carry out the plan in such fiscal year
303b used for purposes of paragraphs (1) and (2) of section
(8) ~rovides that not less than 15 per centum of the amount
which such State receives to carry out the plan in such fiscal year
shall be used for special programs or projects for the education
of handicapped children;
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(9) sets forth policies and procedures which give satisfactory
assurance that Federal funds made available under this title for
any fiscal year (A) will not be commingled with State funds, and
(B) will be so used as to supplement and, to the extent practical,
increase the fiscal effort (determined in accordance with criteria
prescribed by the Commissioner, by regulation) that would, in the
absence of such Federal funds, be made by the applicant for edu-
cational purposes;
(10) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the State under this title;
(11) provides for making an annual report and such other
reports, in such form and containing such information, as the
Commissioner may reasonably require to carry out his functions
under this title and to determine the extent to which funds pro-
vided under this title have been effective in improving the educa-
tional opportunities of persons in the areas served by the programs
or projects supported under the State plan and in the State as a
whole, including reports of evaluations made in accordance with
objective measurements under the State plan pursuant to para-
graph (6), and for keeping such records and for affording such
access thereto as the Commissioner may find necessary to assure
the correctness and verification of such reports;
(12) provides that final action with respect to any application
(or amendment thereof) regarding the proposed final disposition
thereof shall not be taken without first affording the local educa-
tional agency or agencies submitting such application reasonable
notice and opportunity for a hearing; and
(13) contains satisfactory assurance that, in determining the
eligibility of any local educationa.l agency for State aid or the
amount of such aid, grants to that agency under this title shall
not be taken into consideration.
(c) The Commissioner may, if he finds that a State plan for any
fiscal year ending prior to July 1, 1978, is in substantial compliance
with the requirements set forth in subsection (b), approve that part
of the plan which is in compliance with such requirements and make
available (pursuant to section 307) to that State that part of the
State's allotment which he determines to be necessary to carry out that
part of the plan so approved. The remainder of the amount which
such State is eligible to receive under this section may be made avail-
able to such State only if the unapproved portion of that State plan
has been so modified as to bring the plan into compliance with such
requirements: P~'ovided, That the amoiuit made available to a State
pursuant to this subsection shall not be less than 50 per centum of
the maximum amount which the State is eligible to receive under this
section.
(d)1 A State which has had a State plan approved for any fiscal
year may receive for the purpose of carrying out such plan, an amount
not in excess of 85 per centum of its allotment pursuant to section 302.
1 Repealed effective July 1, i975 (sec. 402(c) (2), P.L. 93-380).
PAGENO="0109"
99
(e) (1) The Commissioner shall not finally disapprove any plan sub-
mitted under subsection (a), or any modification thereof, without first
affording the State educational agency submitting the plan reasonable
notice and opportunity for a hearing.
(2) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearings to any State educational agency, finds that there
has been a failure to comply substantially with any requirement set
forth in the plan of that State approved under section 305 or with any
requirement set forth in, the application of a local educational agency
approved pursuant to section 304, the Commissioner shall notify the
agency that further payments will not be made to the State under this
title (or, in his discretion, that the State educational agency shall not
make further payments under this title to specified local educational
agencies affected by the failure) until he is satisfied that there is no
longer any such failure to comply. Until he is so satisfied, no further
payments shall be made to the State under this title, or payments by
the State educational agency under this title shall be limited to local
educational agencies not affected by the failure, as the case may be.
(3) (A) If any State is dissatified with the Commissioner's final
action with respect to the -approval of a plan submitted under subsec-
tion (a) or with his final action under paragraph (2), such State may,
within 60 days after notice of such action, file with the United States
court of appeals for the circuit in which such State is located a petition
for review of that action. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Commissioner. The Com-
missioner thereupon shall file in the court the record of the proceed-
ings on which he based his action as provided in section 2112 of title 28,
United States Code.
(B) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of the further proceedings.
(C) The court ~shall have jurisdiction to affirm the action of the
Commissioner or -to set it aside, in whole or in part. The judgment of
the court shall be - subject - to review by the Supreme Court of the
United -States upon certiorari or certification - as provided in section
1254 of title 28, United States Code.
(f) (1) If any local educational agency is dissatisfied with the final
action of the State educational agency with -respect to approval of
an application of such local agency for a grant pursuant to this title,
such local agency may, within sixty days after such final action or
- notice -thereof, whichever -is later, file with the United States court
of appeals for the -circuit in which the State is located a petition for
review of -that action. A copy of -the petition shall be forthwith trans-
mitted by the clerk of the cou-rt to the State educational agency. The
State educational agency thereupon shall file in the court the record
of the proceedings on which the State educational agency based its
action as provided in section 2112 of title 28, United States Code.
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100
(2) The findings of fact by the State educational agency, if sup-
ported by substantial evidence shall be conclusive; but the court, for
good cause shown, may remand the case. to the State educational
agency to take further evidence, and the State educational agency may
thereupon make new or modified findings of fact and may modify its
previous action, and shall certify to the court the record of the fi~rther
proceedings.
(3) The court shall have jurisdiètion to affirm the action of the
State educational agency or to set it aside, in whole or in part. The
judgment of the court shall be subject to review by the Supreme Court
of the United States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
(20 U.S.C. 844a) Enacted Jan. 2, 1968, P.L. 90-247, Title I. sec. 131, 81 Stat.
792; amended April 13, 1970, P.L. 91-230, Title I, sec. 131(a) (1) 84 Stat. 135.
SPECIAL PROGRAMS AND PROJECTS 1
SEc. 306. (a) From the amount allotted to any State pursuant to
section 302 which is not available to that State under a State plan
approved pursuant to section 305, the Commissioner is authorized,
subject to the provisions of section 304, to make grants to local
educational agencies in such State for programs or projects which meet
the purposes of section 303 and which, in the case. of a local educational
agency in a State which has a State plan approved, hold promise of
making a substantial contribution to the solution of critical educa-
tional problems common to all or several States. The Commissioner
may not approve an apnlication under this section unless the apphca-
tion has been submitted to the appropriate State educational agency
for comment and recommendation with respect to the action to
be taken by the Commissioner regarding the disposition of the
application.
(b) Not less than 15 per centum of the funds granted pursuant to
this section in any fiscal year shall be used for programs or projects
designed to meet the special educational needs of handicapped
children.
(20 U.S.C. 844b) Enacted Jan. 2, 1968, P.L. 90-247, Title I, see. 131. 81 Stat.
796; amended April 13, 1970, P.L. 91-230, Title I, sec. 131(a) (1), 84 Stat. 139.
PAYMENTS
SEC. 307. (a) From the allotment to each State pursuant to section
302, for any fiscal year, the Commissioner shall pay to each State~
which has had a plan approved pursuant to section 305 for that fiscal
year, the amount necessary to carry out its State plan as approved.
(b) The Commissioner is authorized to pay to each State amounts
necessary for the activities described in section 303(c). during any
fiscal year, except that (1) the total of such payments shall not be in
excess of an amount equal to ~½ per centum of its allotment for that
fiscal year or, $150,000 ($50,000 in the case of Guam, American Samoa,
the Virgin Islands, and the Trust Territory of the Pacific Islands),
whichever is greater, and (2) in such payment, the amount paid for
`Section 300 i~ repealed, effective July 1, 1975 (sec. 402(e) (2)7 P.L. 93-380).
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the administration of the State plan for any fiscal year shall not
exceed an amount equal to 5 per centurn of its allotment for that fiscal
year or $100,000 ($35,000 in the case of Guam, American Samoa, the
Virgin Islands, and the Trust Territory of the Pacific Islands), which-
ever is greater.
(c)1 The Commissioner shall pay to each applicant which has an
application approved pursuant to section 306 the amount necessary
to carry out the program or project pursuant to such application.
(d) Payments under this section may be made in installments and
in advance or by way of reimbursement, with necessary adjustments
on account of overpayments or underpayments.
(e) No payments shall be made under this title to any local educa-
tional agency or to any State unless the Commissioner finds, in the case
of a local educational agency, that the combined fiscal effort of that
agency and the State with respect to the provision of free public edu-
cation by that agency for the preceding fiscal year was not less than
such combined fiscal effort for that purpose for the second preceding
fiscal year or, in the case of a State, that the fiscal effort of that State
for State aid (as defined by regulation) with respect to the provision
of free public education in that State for the preceding fiscal year was
not less than such fiscal effort for State aid for the second preceding
fiscal year.
(f) (1) In any State which has a State plan approved under section
305 (c) and in which no State agency is authorized by law to provide,
or in which there is a substantial failure to provide, for effective par-
ticipation on an equitable basis in programs authorized by this title
by children enrolled in any one or more private elementary or second-
ary schools of such State in the area or areas served by such programs,
the Commissioner shall arrange for the provision, on an equitable
basis, of such programs and shall pay the costs thereof for any fiscal
year out of that State's allotment. The Commissioner may arrange for
such programs through contracts with institutions of higher education,
or other competent nonprofit institutions or organizations.
(2) In determining the amount to be withheld from any State's
allotment for the provision of such programs, the Commissioner shall
take into account the number of children and teachers in the area or
areas served by such programs who are excluded from participation
therein and who, except for such exclusion, might reasonably have
been expected to participate.
(g) (1) The Commissioner shall not take any final action under
subsection (f) until he has afforded the State educational agency and
the local educational agency affected by such action at least sixty days
notice of his proposed action and an opportunity for a hearing with
respect thereto on the record.
(2) If a State or local educational agency is dissatified with the
Commissioner's final action after a hearing under paragraph (1) of
this paragraph, it may, within sixty days after notice of such action,
file with the United States court of appeals for the circuit in which
such State is located a petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of the court to
the Commissioner. The Commissioner thereupon shall file in the court
1 Subsection (c) repealed, effective July 1. 1975 (sec. 402(c) (2), P.L. 93-380).
PAGENO="0112"
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the record of the proceedings on which he based his action, as provided
in section 2112 of title 28, United States Code.
(3) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall file in
the court the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by substan-
tial evidence.
(4) Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Commissioner or to set it aside, in whole
or in part. The judgment of the court sh~ll be subject to review by
the Supreme Court of the United States upon certiorari or certification
as provided in section 1254 of title 28, United States Code.
(20 U.S.C. 845) Enacted April 11, 1965, P.L. 89-10, Title III, sec. 307, formerly
sec. 305, 79 Stat. 43; redesignated and amended Jan. 2, 1968, P.L. 90-247, Title I,
sec. 131 81 Stat. 796; amended April 13, 1970, P.L. 91-230, T1ti~ I, sec. 131 (a) (i),
84 Stat. 139; amended August 21, 1974, P.L. 93-380, sec. 103(d), 88 Stat. 502.
RECOVERY OF PAYMENTS
SEC. 308. If within twenty years after completion of any construc-
tion for which Federal funds have been }?aid under this title-
(a) the owner of the facility shall cease to be a State or local
educational agency, or
(b) the facility shall cease to be used for the educational and
related purposes for which it was constructed, unless the Com-
missioner determines in accordance with regulations that there is
good cause for releasing the applicant or other owner from the
obligation to do so,
the United States shall be entitled to recover from the applicant or
other owner of the facility an amount which bears to the then value of
the facility (or so much thereof as constituted an approved project or
projects) the same ratio as the amount of such Federal funds bore to
the cost of the facility financed with the aid of such funds. Such value
shall be determined by agreement of the parties or by action brought
in the United States district court for the district in which the facility
is situated.
(20 U.S.C. 847) Enacted A~pril 11, 1965, P.L. 89-10, Title III, sec. 308, formerly
sec. 307, 79 Stat. 44; redesignated Jan. 2, 1968, P.L. 90-247, Title I, sec. 131,
81 Stat. 797; amended April 13, 1970, P.L. 91-230, Title I, sec. 131 (a) (1), 84
Stat. 140.
NATIONAL ADVISORY COUNCIL
SEC. 309. (a) The President shall appoint a. National Advisory
Council on Supplementary Centers and Services which shall-
(1) review the administration of, general regulations for, and
operation of this title, including its effectiveness in meeting the
purposes set forth in section 303;
(2) review, evaluate, and transmit to the Congress and the
President the reports submitted pursuant to section 305 (a) (2)
(E);
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103
(3) evaluate programs and projects carried out under this
title and disseminate the results thereof; and
(4) make recommendatioris for the improvement of this title,
and its administration and operation.
(b) The Council shall be appointed by the President without
regard to the civil service laws and shall consist of twelve members, a
majority of whom shall he broadly representative of the educational
and cultural resources of the United States including at least one per-
son who has professional competence in the area of education of handi-
capped children. Such members shall be appointed for terms of 3
years except that (1) in the case of the initial members, four sh.all be
appoilited for terms of 1 year each and four shall be appointed for
terms of 2 years each, and (2) appointments to fill the unexpired
portion of any terms shall be for such portion only. MThen requested
by the President, the Secretary of Health, Education, and Welfare
shall engage such technical and professional assistance as may be
required to carry out the functions of the Council, and shall make
available to the Council such secretarial, clerical and other assistance
and such pertinent data pre.pared by the Department of Health, Edu-
cation, and Welfare as it may require to carry out its functions,
(c) The. Council shall make an annual report of its findings and
recommendations (including recommendations for changes in the pro-
visions of this title) to the President and the Congress not later than
January 20 of each year. The President is requested to transmit to the
Congress such comments and recommendations as he may have with
respect to such report. Subject to section 448(b) of the General
Education Provisions Act, the Council shall continue to exist until
July 1, 1978. except that the Council shall riot exist during any year
for which funds are available for obligation by the Commissioner for
carrying out title TV.
(20 U.S.C. 847a) Enacted Jan. 2, 1968, P.L. 90-247, Title I, sec. 131, 81 Stat.
797; amended April 13, 1970, P.L. 91-230, Title I, sec. 131 (a) (1), 84 Stat. 140;
amended August 21, 1974, P.L. 93-380, sec. 845(b), 88 Stat. 612.
TITLE TV-LIBRARIES, LEARNING RESOURCES, EDUCA-
TIONAL INNOVATION, AND SUPPORT
PART A-GENERAL PRovIsIoNs
AUTHORIZATION OF APPROPRIATIONS
SEC. 401. (a) (1) Subject to the provisions of paragraph (2), there
is authorized to be appropriated the sum of $395~000.000 for obligation
by the Commissioner during the fiscal year ending June 30, 1976, and
such sums as may be necessary for obligation by the Commissioner
during each of the two succeeding fiscal years, for the purpose of mak-
ing grants under part B (Libraries and Learning Resources) of this
title.
(2) No funds are authorized to be appropriated under this sub-
section for obligation by the Commissioner during any fiscal year
unless-
(A) (i) aggregate amount which would be appropriated under
this subsection is at least equal to the aggregate amount appro-
44-078 0 - 75 - 8
PAGENO="0114"
104
priated for obligation by the Commissioner during the preceding
fiscal year in which part B was in effect, or
(ii) in the case of appropriations under this subsection for
the first fiscal year in which part B is effective, such amount is at
least equal to the aggregate amount appropriated for obligation
by the Commissioner for the fiscal year ending June 30, 19T4, or
for the preceding fiscal year, whichever is higher, under title II
and so much of title III as relates to testing, guidance, and
counseling of this Act, and under title III (except for section 305)
of the National Defense Education Act of 1958. and
(B) the sums appropriated pursuant to this subsection are in-
cluded in an Act making appropriations for the fiscal year prior
to the fiscal year in which such sums will be obligated, and are
made available for expenditure prior to the beginning of such
fiscal year.
(b) (1) Subject to the provisions of paragraph (2). there is author-
ized to be appropriated the sum of $350,000,000 for obligation by the
Commissioner during the fiscal year ending June 30, 1976, and such
sums as may be necessary for obligation by the Commissioner during
each of the two succeeding fiscal years, for the purpose of making
grants under part C (Educational Innovation and Support) of this
title.
(2) No funds are authorized to be appropriated under this sub-
section for obligation by the Commissioner during any fiscal year
unless-
(A) (i) the aggregate amount which would be appropriated
under this subsection is at least equal to the aggregate amount
appropriated for obligation by the Commissioner during the pre-
ceding fiscal year in which part C was in effect, or
(ii) in the case of appropriations under this subsectio~ for the
first fiscal year in which part C is effective. such amount is at least
equal to the aggregate amount appropriated for obligation by the
Commissioner for fiscal year ending June 30, 1974. or for the pre-
ceding fiscal year, whichever is higher. under title III (excent for
programs of testing~ guidance, and counseling), title V. and sec-
tions 807 and 808 of this Act, and
(B) the sums appropriated pursuant to this subsection are in-
cluded in an Act making appropriations for the first year prior
to the fiscal year in which such sums will be obli~ated. and are
made available for expenditure prior to the beginning of such
fiscal year.
(c) (1) In the first fiscal year in which appropriations are made
pursuant to pare B. 50 per centum of t.he funds so appropriated shall
he available to the States to carry out part B of this title. The remain-
der of such funds shall be availahie to the States and shall be allotted
to the States, or to the Commissioner. a~ the ease may be. in sucb
year. pursuant to title II and so much of title III as relates to testing.
~uidance~ and counsehin~ under this Act., and under title ITT (excent
for section 305) of the National Defense Education Act of 19.~8. for
each such pro~ram in an amount which bears the. same ratio to such
remainder as the amount appropriated for each such program for the
fiscal yea.r ending .Tune 30, 1974. or for the fiscal year preceding the
PAGENO="0115"
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fiscal year for which ~e determination is made., whichever is higher,
bears to the aggregate of such appropriated amounts. The amounts
made available under the second sentence of this paragraph shall be
subject to the provisions of law governing each such program.
(2) In the first fiscal year in which appropriations are made pur-
suant to part C, 50 per centum of the funds so appropriated shall be
available to carry out part C of this title. The remainder of such funds
shall be available to the States and shall be allotted to the States, or
to the Commissioner, as the case may be, in such year, pursuant to title
III (except for programs of testing, guidance, and counseling), title
V, and sections 807 and 808 of this Act, for each such program in an
amount which bears the same ratio to such remainder as the amount
appropriated for each such program for the fiscal year ending June 30,
1974, or for the fiscal year preceding the fiscal year for which the de-
termination is made, whichever is higher, bears to the aggregate of
such appropriated amounts. The amount made available under the
second sentence of this paragraph shall be subject to the provisions of
law governing each such program.
(20 U.S.C. 1801) Enacted August 21, 1974, P.L. 93-380, see. 401, 88 Stat. 535,
537.
ALLOTMENT TO THE STATES
SEc. 402. (a) (1) There is hereby authorized to be appropriated
for each fiscal year for the purposes of this paragraph amounts equal
to not more than 1 per centum of each of the amounts appropriated for
such year under subsections (a) or (b), or both, of section 401. The
Commissioner shall allot each of the amounts appropriated pursuant
to this paragraph among Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands according to their re-
spective needs for assistance under part B or part C, or both, of this
title. In addition, for each fiscal year he shall allot from each of such
amounts to (A) the Secretary of the Interior the amounts necessary
for the programs authorized by each such part for children and
teachers in elementary and secondary schools operated for Indian chil-
dren by the Department of the Interior, and (B) the Secretary of
Defense the amounts necessary for the programs authorized by each
such part for children and teachers in the overseas dependents schools
of the Department of Defense. The terms upon which payment for
such purposes shall be made to the Secretary of the Interior and the
Secretary of Defense shall be determined pursuant to such critemia as
the Commissioner determines will best carry out the purposes of this
title.
(2) From the amounts appropriated to carry out part B or part C,
or both, of this title for any fiscal year pursuant to subsections (a) and
(b) of section 401, the Commissioner shall allot to each State from
each such amount an amount which bears the same ratio to such amount
as the number of children aged five to seventeen, inclusive, in the State
bears to the number of such children in all the States. For the purposes
of this subsection, the term `State' shall not include Guam, American
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands. The number of children aged five to seventeen, inclusive, in a
PAGENO="0116"
106
State and in all the States shall be determined by the Commissioner on
the basis of the most recent satisfactory data available to him.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year to carry out part B or C which the Commissioner deter-
mines will not be required for such fiscal year to carry out such part
shall be available for reallotment from time to time, on such dates dur-
ing such year as the Commissioner may fix, to othe.r States in propor-
tion to the original allotments to such States under subsection (a) for
that year but with such proportionate amount for any of such other
States being reduced to the extent it exceeds the sum the Commissioner
estimates such State needs and will be able to use for such year; and the
total of such reductions shall be similarly reallotted among the States
whose proportionate amounts were not so reduced. Any amounts real-
lotted to a State under this subsection during a year from funds appro-
priated pursuant to section 401 shall be deemed a part of its allotment
under subsection (a) for such year.
(20 U.S.C. 1802) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 537, 538.
STA~ PLANS
SEc. 403. (a) Any State which desires to receive grants under this
title shall establish an advisory council as provided by subsection (b)
and shall submit to the Commissioner a State plan, in such detail as
the Commissioner deems necessary, which-
(1) designates the State educational agency as the State agency
which shall, either directly or through arrangements with other
State or local public agencies, act as the sole agency for the admin-
istration of the State plan;
(2) sets forth a program under which funds paid to the State
from its. allotments under section 402 will be expended solely for
the programs and purposes authorized by parts B and C of this
title, andfor administration of the State plan;
(3) provides assurances that the requirements of section 406
(relating to the participation of pupils and teachers in nonpublic
elementary and secondary schools) will be met, or certifies that
such requirements cannot legally be met in such State;
(4) provides assurances that (A) funds such agency receives
from appropriations made under section 401(a) will be distrib-
uted among local educational agencies according to the enroll-
ments in public and nonpublic schools within the school districts
of such agencies, except that substantial funds will be provided
to (i) local educational agencies whose tax effort for education
is~ substantially greater than the State average ta.x effort for edu-
cation, but whose per pupil expenditure (excluding payments
made under title I of this Act) is no greater than the average per
pupil expenditure in the State, and (ii) local educational agencies
which have the greatest numbers of percentages of children whose
education imposes a higher than average cost per child, such as
children from low-income families, children living in sparsely
populated areas, and children from families in which English is
not the dominant language; and (B) ftmds such agency receives
from appropriations made under section 401(b) will be clistrib-
PAGENO="0117"
107
uted among local educational agencies on an equitable basis rec-
ognizing the competitive nature of the grantmaking except that
the State educational agency shall provide assistance in formu-
lating proposals and in operating programs to local educational
agencies which are less able to compete due to small size or lack
of local financial resources; and the State plan shall set forth the
specific criteria the State educational agency has developed and
will apply to meet the requirements of this paragraph;
(5) provides that each local educational agency will be given
complete discretion (subject to the provisions of section 406) in
determining how the funds it receives from appropriations made
under section 401 (a) will be divided among the various programs
described in section 421, except that, in the first year in which
appropriations are made pursuant to part B, each local educational
agency will be given complete discretion with respect to 50 per
centum of the funds appropriated for that part attributable to
that local educational agency;
(6) provides for the adoption of effective procedures (A) for
an evaluation by the State advisory council, at least annually, of
the effectiveness of the program and projects assisted under the
State plan, (B) for the appropriate dissemination of the results
of such evalutions and other information pertaining to such pro-
grams or projects, and (C) for the adoption, where appropriate,
of promising educational practices developed through innovative
programs supported under part C;
(7) provides that local educational agencies applying for funds
under any program under this title shall be required to submit
only one application for such funds any one fiscal year;
(8) provides-
(A) that, of the funds the State receives under section 401
for the first fiscal year for which such funds are available,
such agency will use for administration of the State plan
not to exceed whichever is greater (i) 5 per centum of the
amount so received ($50,000 in the case of Guam, American
Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands), excluding any part of such amount used for
purposes of section 431 (a) (3), or (ii) the amount it received
for the fiscal year ending June 30, 1973, for administration of
the programs referred to in sections 421 (b) and 431(b), and
that the remainder of such funds shall be made available to
local educational agencies to be used for the purposes of parts
B and C, respectively; and that, of the funds the State re-
ceives under section 401 for fiscal years thereafter, it will
use for administration of the State plan not to exceed which-
ever is greater (i) 5 per centum of the amount so received
($50,000 in the case of Guam, American Samoa, the Virgin
Islands, and the Trust Territory of the Pacific Islands),
excluding any part of such amount used for purposes of sec-
tion 431 (a) (3), or (ii) $225,000, and that the remainder of
such funds shall be made available to local educational agen-
cies to be used for purposes of parts B and C, respectively.
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108
*(B) that not less than 15 per centum of the amount re-
ceived pursuant to section 401 (b) in any fiscal year (not in.-
eluding any amount used for purposes of section 431 (a) (3))
shall be used for special programs or projects for the educa-
tion of children with specific learning disabilities and handi -
capped children, and
(C) that not more than the greater of (i) 15 per centurn
of the amount which such Sta.te receives pursuant to section
401(b) in any fiscal year, or (ii) the amount available by
appropriation to such State in the fiscal year ending June
* 30, 1973, for purposes covered by section 431 (a) (3). shall
be used for purposes of section 431 (a) (3) (relating to
strengthening State and local educational agencies);
(9) provides assurances that in the case of any project for the
repair, remodeling, or construction of facilities, that the facili-
ties shall be accessible to and usable by handicapped persons;
(10) sets forth policies and procedures which give satisfactory
assurance that Federal funds made available under this title for
any fiscal year will not be commingled with State funds; and
(11) gives satisfactory assurance that the aggregate amount
to be expended by the State and its local educational agencies
from funds derived from non-Federal sources for programs de-
scribed in section 421 (a) for a fiscal year will not be less than
the amount so expended for the preceding fiscal year.
(b) (1) The State advisory council, established pursuant to subsec-
tion (a), shall-
(A) be appointed by the State educational agency or as other-
wise provided by State law and be broadly representative of the
cultural and educational resources of the State (as defined in
section 432) and of the public, including persons representative
of-
(i) public and private elementary and secondary schools,
(ii) institutions of higher education, and
(iii) fields of professional competence in dealing with
children needing special education because of physical or
mental handicaps, specific learning disabilities, severe educa-
tional disadvantage, and limited English-speaking ability or
* because they are gifted or talented, and of professional com-
petence in guidance and counseling;
(B) advise the State educational agency on the prena.ration
of, and policy matters arising in the administration of. the State
plan, including the development of criteria, for the distribution
of funds and the approval of applications for assistance under this
title;
(C) evaluate all programs and projects assisted under this
title; and
(D) `prenare at least annually and submit through the State
educational agency a renort of its a etivities. recommendathrns. and
evaluations, together with such additional comments as the State
educational agency deems appropriate, to the Commissioner.
(2) Not less than ninety days prior to the bednnin~ of a~v fiscal
year for which funds will be available for carrying out this title, each
PAGENO="0119"
109
State shall certify the establishment of, and membership of (includ-
ing the name of the person designated as Chairman), its State advisory
council to the Commissioner.
(3) Each State advisory council shall meet within thirty days
after certification has been accepted by the Commissioner and estab-
lish the time, place, and manner of its future meetings, except that
such council shall have not less than one public meeting each year at
which the public is given an opportunity to express views concerning
the administration and operation of this title.
(4) Each State advisory council shall be auhorized to obtain the
services of such professional, technical, and clerical personnel, and to
contract for such other services as may be necessary to enable them to
carry out their functions under this title, and the Commisioner shall
assure that funds sufficient for these purposes are made available to
each council from funds available for administration of the State
plan.
(c) The Commissioner shall approve any State plan and any modi-
fication thereof which complies with the provisions of subsections (a)
and (b) of this section.
(20 U.S.C. 1803) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 538,
540.
ADMINISTRATION OF STATE PLANS
SEc. 404. The Commissioner shall not finally disapprove any State
plan submitted under this title, or any modification thereof, without
first affording the State educational agency reasonable notice and
opportunity for a hearing.
(20 U.S.C. 1504) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 540.
PAYMENTS TO STATES
SEC. 40~S. From the amounts allotted to each State under section
402 for carrying out the programs authorized by parts B and C,
respectively, the Commissioner shall pay to that State an amount
equal to the amount expended by the State in carrying out its State
plan (after withholding any amount necessary pursuant to section
406(f)).
(20 U.S.C. 1805) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 541.
PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
SEC. 406. (a) To the extent consistent with the number of children
in the school district of a local educational agency (which is a recipi-
ent of funds under this title or which serves the area in which a pro-
gram or project assisted under this title is located) who are enrolled
in private nonprofit elementary and secondary schools, such agency,
after consultation with the appronriate private school officials, shall
provide for the benefit of such children in such schools secular, neutral
and nonideological services, materials, and equipment including the
repair, minor remodeling, or construction of public school facilities
as may be necessary for their provision (consistent with subsection (c)
of this section), or, if such services, materials, and equipment are not
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feasible or necessary in one or more such private schools as determined
by the local educational agency after consultation with the appropri-
ate private school officials, shall provide such other arrangements as
will assure equitable participation of such children in the purposes
and benefits of this title.
(b) Expenditures for programs pursuant to subsection (a) shall
be equal (consistent with the number of children to be served) to
expenditures for programs for children enrolled in the public schools
of the local educational agency, taking into account the needs of the
individual children and other factors (pursuant to criteria: supplied
by the Commissioner) which relate to such expenditures, and when
funds available to a local educational agency under this title are used
to concentrate programs or projects on a particular group, attendance
area, or grade or age level, children enrolled in private schools who
are included within the group, attendance areas, or grade or age level
selected for such concentration shall, after consultation with the ap-
propriate private school officials, be assured equitable participation in
the purposes and benefits of such programs or projects.
(c) (1) The control of funds provided under this title and title to
materials, equipment, and property repaired, remodeled, or con-
structed therewith shall be in a public agency for the uses and pur-
poses provided in this title, and a public agency shall administer such
funds and property.
(2) The provisions of services pursuant to this section shall be pro-
vided by employees of a public agency or through contract by such
public agency with a person, an association, agency, or corporation
who or which in the provision of such services is independent of such
private school and of any religious organization, and such employ-
ment or contract shall be under the control and supervision of such
public agency, and the funds provided under this title shall not be
commingled with State or local funds.
(d) If a State is prohibited by law from providing for the partici-
pation in programs of children enrolled in private elementary and
secondary schools, as required by this section, the Commissioner may
waive such requirement and shall arrange for the provision of serv-
ices to such children through arrangements which shall be subject to
the requirements of this section.
(e) If the Commissioner determines that a State or a local edu-
cational agency has substantially failed to provide for the participa-
tion on an equitable basis of children enrolled in private elementary
and secondary schools as required by this section, he shall arrange for
the provision of services to such children through arrangements which
shaTl be subject to the requirements of this section.
(f) When the Commissioner arranges for services pursuant to this
section, he shalL after consultation with the appropriate public and
private school officials, pay the cost of such services from the appro-
priate allotment of the State under this title.
(g) (1) The Commissioner shall not take any final action under this
section until he has afforded the State~ educational agency and local
educational agency affected by such action at least sixty days notice of
his proposed action and an opportunity for a hearing with respect
thereto on the record.
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(2) If a State or local educational agency is dissatisfied with the
Commissioner's final action after a hearing under subparagraph (A)
of this paragraph, it may within sixty days after notice of such
action, file with the United States court of appeals for the circuit in
which such State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk of the
court to the Commissioner. The Commissioner thereupon shall file in
the court the record of the proceedings on which he based his action,
as provided in section 2112 of title 28, United States Code.
(3) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall file in
the court the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by substantial
evidence.
(4) Upon the filing of such petition, the court shall have jurisdiction
to affirm the action of the Commissioner or to set it aside, in whole or
in part. The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or certification as
provided in section 1254 of title 28, United States Code.
(20 U.S.C. 1806) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 541, 542,
PART B-LIBi~&RIEs AND LEARNING RESOURCES
PROGRAM AUTHORIZED
SEC. 421. (a) The Commissioner shall carry out a program for mak-
ing grants to the States (pursuant to State plans approved under
section 403)-
(1) for the acquisition of school library resources, textbooks,
and other printed and published instructional materials for the
use of children and teachers in public and private elementary and
secondary schools;
(2) for the acquisition of instructional equipment (including
laboratory and other special equipment, including audio-visual
materials and equipment suitable for use in providing education
in academic subjects) for use by children and teachers in elemen-
tary and secondary schools, and for minor remodeling of labora-
tory or other space used by such schools for such equipment; and
(3) for (A) a program of testing students in the elementary
and secondary schools, (B) programs of counseling and guidance
services for students at the appropriate levels in elementary and
secondary schools designed (i) to advise students of courses of
study best suited to their ability, aptitude, and skills, (ii) to advise
students with respect to their decisions as to the type of educa-
tional program they should pursue, the vocation they should train
for and enter, and the job opportunities in the various fields, and
(iii) to encourage students to complete their secondary school
education, take the necessary courses for admission to postsec-
ondary institutions suitable for their occupational or academic
needs, and enter such institutions, and such programs may include
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short-term sessions for persons engaged in guidance and counsel-
ing in elementary and secondary schools, and (C) programs,
projects, and leadership activities designed to expand and
strengthen counseling and guidance services in elementary and
secondary schools.
(b) It is the purpose of this part to combine within a single
authorization, subject to the modifications imposed by the provisions
and requirements of this title, the programs authorized by title II and
so much of title III as relates to testing, counseling, and guidance, of
this Act, and title III (except for section 305 thereof) of the National
Defense Education Act of 1958, and funds appropriated to carry out
this part must be used only for the same purposes and for the funding
of the same types of programs authorized under those provisions.
(20 U.S.C. 1821) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 542, 543.
PART C-EDUCATIONAL INNoVATION ~~I) SUPPORT
PROGRAMS AUTHORIZED
SEC. 431. (a) The Commissioner shall carry out a. program for
making grants to the States (pursuant to State plans approved under
section 403)-
(1) for supplementary educational centers and services to
stimulate and assist in the provision of vitally needed educational
services (including preschool education, special education, com-
pensatory education, vocational education, education of gifted and
talented children, and dual enrollment programs) not available
in sufficient quantity or quality, and to stimulate and assist in the
development and establishment of exemplary elementary and sec-
ondary school programs (including the remodeling, lease, or con-
struction of necessary facilities) to serve as models for regular
school programs;
(2) for the support of demonstration projects by local educa-
tional agencies or private educational organizations designed to
improve nutrition and health services in public and private ele-
mentary and secondary schools serving areas with high concentra-
tions of children from low-income families and such projects may
include payment of the cost of (A) coordinating nutrition and
health service resources in the areas to be served by a project,
(B) providing supplemental health, mental health, nutritional,
and food services to children from low-income families when the
resources for such services available to the applicant from other
sources are inadequate to meet the needs of such children, (C)
nutrition and health programs designed to train professional and
other school personnel to provide nutrition and health services
in a manner which meets the needs of children from low-income
families for such services, and (D) the evaluation of projects
assisted with respect to their effectiveness in improving school
nutrition and health services for such children:
(3) for strengthening the leadership resources of State and
local educational agencies, and for assisting those agencies in
the establishment and improvement of programs to identify and
meet educational needs of States and of local school districts; and
PAGENO="0123"
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(4) for making arrangement.s with local educational agencies
for the carrying out by such agencies in schools which (A) are
located in urban or rural areas, (B) have a high percentage of
children from low-income families, and (C) have a high per-
centage of such children who do not complete their secondary
school education, of demonstration projects involving the use of
innovative methods, systems, materials, or programs which show
promise of reducing the number of such children who do not
complete their secondary school education.
(b) It is the purpose of this part to combine within a single author-
ization, subject to the modifications imposed by the provisions and
requirements of this title, the programs authorized by title III (except
for programs of testing, counseling, and guidance) and title V, and
sections 807 and 808 of this Act, and funds appropriated to carry out
this part must be used only for the same purposes and for the funding
of the same types of programs authorized under those provisions.
(20 U.S.C. 1831) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 543,
544.
USE OF CULTURAL AND EDUCATIONAL RESOURCES
SEC. 432. Programs or projects supported pursuant to this part
(other than those described in section 431 (a) (3)) shall involve in the
planning and carrying out thereof the participation of persons
broadly representative of the cultural and educational resources of the
area to be served. The term "cultural and educational resources"
includes State educational agencies, local educational agencies, private
nonprofit elementary and secondary schools, institutions of higher
education, public and nonprofit private agencies such as libraries,
museums, musical and artistic organizations, educational radio and
television, and other cultural and educational resources.
(20 U.S.C. 1832) Enacted August 21, 1974, P.L. 93-380, sec. 401, 88 Stat. 544.
TITLE V-STRENGTHENING STATE AND LOCAL
EDUCATIONAL AGENCIES
PART A-GRANTS To STRENGTHEN STATE DEPARTMENTS OF
EDUCATION
APPROPRIATIONS AUTHORIZED
SECTION 501. (a) The Commissioner shall carry out a program for
making grants to stimulate and assist States in strengthening the
leadership resources of their State educational agencies, and to assist
those agencies in the establishment and improvement of programs
to identify and meet the educational needs of States.
(b) For the purpose of making grants under this part, there is
hereby authorized to be appropriated the sum of $25,000,000 for the
fiscal year ending June 30, 166, $30,000,000 for the fiscal year ending
June 30, 1967, $65,000,000 for the fiscal year ending June 30, 1968,
$80,000,000 each for the fiscal years ending June 30, 1969, June 30,
1970, and June 30, 1971, $85,000,000, for the fiscal year ending June 30,
1972, and $90,000.000 for the fiscal year ending June 30, 1973 and each
of the five succeeding fiscal years, except that no funds are authorized
PAGENO="0124"
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to be appropriated for obligation by the Commissioner during any
year for which funds are available for obligation by the Commissioner
for carrying out part C of title IV.
(20 U.S.C. 861) Enacted April 11, 1965, P.L. 89-10, Title V, Sec. 501, 79 Stat.
47; amended Nov. 3, 1966, P.L. 89-750, Title I. Sec. 141, 80 Stat. 1203; amended
Jan. 2, 1968, P.L. 90-247, Title I, Sec. 141, 81 Stat. 799: amended April 13. 1970.
P.L. 91-230, Title I, Sec. 141, 143(a) (4) (B), 84 Stat. 141, 142; amended Au-
gust 21, 1974, P.L. 93-380, Sec. 104 (a), 88 Stat. 503.
SE0. 502. (a) (1) From 95 per centurn of the sums appropriated for
carrying out this part for each fiscal year, the Commissioner shall
reserve such amount, but not in excess of 1 per centum of such 95 per
centum of such sums, as he may determine and shall apportion such
amount: among Guam, American Samoa, the Virgin Islands~ and the
Trust Territory of the Pacific Islands according to their respective
needs for assistance under this part. The remainder of such per centum
of such sums shall be apportioned by the Commissioner as follows:
(A) He shall apportion 40 per centum of such remainder among
the. States in equal amounts.
(B) He shall apportion to each State an. amount that bears the
same ratio to 60 per centum of such remainder as the number of
public school pupils in the State bears to the number of public
school pupils in all the States, as determined by the Commissioner
on the basis of the most recent satisfactory data available to him.
For purposes of this paragraph, the term "State" does not include the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
* Islands, and the Trust Territory of the Pacific Islands.
(2) Five per centum of the sums appropriated pursuant to section
501 for each fiscal year shall be reserved by the Commissioner for
grants for special projects pursuant to section 505.
(b) (1) The amount apportioned to any State under paragraph (1)
of subsection (a) for any fiscal year which the Commissioner deter-
* mines will not be required for that year shall be available for reappor-
tionment from time to time, on such dates during that year as the
Commissioner may fix, to other States in proportion to the amounts
originally apportioned among those States under subsection (a) (1) for
that year, but with the proportionate amount for any of the other
States being reduced to the extent it exceeds the sum the Commissioner
estimates that State needs and will be able to .use for that year; and
the total of these. reductions shall be similarly reapportioned among
the States whose proportionate amounts were not so reduced. Any
amount reapportioned to a State under this subsection from funds
appropriated pursuant to section 501 for any fiscal year shall be
deemed part of the amount apportioned to it under subsection (a) (1)
for that year.
(2) In accordance with regulations of the Commissioner any State
may file with him a request that a specified portion of the amount
appropriated to it under subsection (a) (1) be added to the amount
apportioned to another State under that subsection for the purpose of
meeting a portion of the cost of carrying out one or more programs or
* activities under an approved application of that other State. If the
Commissioner finds that the programs or activities with respect to
* which~ the request is made would meet needs of the State malting the
request and that use of the specified portion of the amount appor-
PAGENO="0125"
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tioned to that State, as requested by it, would assist in carrying out
the purpose of this part, that portion shall be added to the amount
apportioned to the other State under subsection (a) (1) to be used for
the purpose referred to above.
(20 U.S.C. 862) Enacted April 11, 1965, P.L. 89-10, Title V. Sec. 502, 79 Stat.
48; amended Nov. 3, 1966, P.L. 89-750, Title I, Sec. 152(c), 80 Stat. 1203;
amended Jan. 2, 1968, P.L. 90-247, Title I, Secs. 142(a), 143, 145, (b) (1), (2)
81 Stat. 799, 800; amended April 13, 1970, P.L. 91-230, Title I, Sec. 143(a) (4)
(B), 84 Stat. 142.
GRANTS FROM APPORTIONED FUNDS
SEC. 503. From the amount apportioned to any State for any fiscal
year under section 502 the Commissioner may, upon approval of an
application or applications therefor submitted to him by such State
through the State educational agency, make a grant or grants to such
agency equal to the expenditures incurred by such agency for the
planning of, and for programs for, the development, improvement,
or expansion of activities promoting the purposes set forth in section
501 (a) and more particularly described in such application and for
which such application is approved, such as-
(1) Educational planning on a statewide basis, including the
identification of educational problems, issues, and needs in the State
and the evaluation on a periodic or continuing basis of education
programs in the State;
(2) Providing support or services for the comprehensive and com-
patible recording, collecting, processing, analyzing, interpreting,
storing, retrieving, and reporting of State and local educational data,
including the use of automated data systems;
(3) Dissemination or support for the dissemination of information
relating to the condition, progress, and needs of education in the
State;
(4) Programs for conducting, sponsoring, or cooperating in educa-
tional research and demonstration programs and projects such as (A)
the development in elementary and secondary schools of programs of
occupational information, counseling and guidance, and instruction
in occupational education on an equal footing with traditional aca-
demic education, (B) establishing and maintaining curriculum re-
search and innovation centers to assist in locating and evaluating cur-
riculum research findings, (C) discovering and testing new educa-
tional ideas (including new uses of printed and audio-visual media)
and more effective educational practices, and putting into use those
which show promise of success, and (D) studying ways to improve the
legal and organizational structure for education and the management
and administration of education in the State;
(5) Publication and distribution, or support for the publication
and distribution, of curricular materials collected and developed at
curriculum research centers and elsewhere;
(6) Programs to improve the quality of teacher preparation,
including student-teaching arrangements, in cooperation with institu-
tions of higher education and local educational agencies;
(7) Programs and other activities specifically designed to encourage
the full and adequate utilization and acceptance of auxiliary personnel
PAGENO="0126"
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(such as teacher aides) in elementary and secondary schools on a
permanent basis;
(8) Studies or support for studies concerning the financing of public
education in the State;
(9) support for statewide programs designed to measure the educa-
tional achievement of pupils;
(10) training and otherwise developing the competency of indi-
viduals who serve State or local educational agencies and provide
leadership, administrative, or specialist services throughout the
State, or throughout the area served by a local educational agency,
through the initiation, improvement, and expansion of activities
such as (A) sabbatical leave programs, (B) fellowships and trainee-
ships (including educational expenses and the cost of travel) for
State educational agency personnel to pursue graduate studies, and
(C) conducting institutes, workshops, and conferences (including re-
lated costs of operation and payment of the expenses of participants);
(11) providing local educational agencies and the schools of those
agencies with consultative and technical assistance and services re-
lating to academic subjects and to particular aspects of education
such as the education of the handicapped, and gifted and talented
children, school building design and utilization, school social work,
the utilization of modern instructional materials and equipment, trans-
portation, educational administrative procedures, and school health,
physical education, and recreation; and
(12) evaluation and demonstration projects to insure that benefits
obtained by children in Head Start and other preschool programs are
not lost during their early elementary school years, but are instead
enhanced so as to provide continuity in and accelerated development
of the child's learning, academic and other social achievements.
(20 U.S.C. 863) Enacted April 11, 1965, P.L. 89-10, Title V, Sec. 503, 79 Stat.
49; amended Nov. 3, 1966, P.L. 89-750, Title I, Sees. 152(a), 154. 80 Stat. 1203,
1204; amended Jan. 2, 1968, P.L. 90-247, Title I, sees. 144, 145(a), 81 Stat. 799,
800; amended April 13, 1970, P.L. 91-230, Title I, sees. 142(a), 143 (a) (4) (C),
84 Stat. 142; amended June 23, 1972, P.L. 92-318, sec. 509(a) (3), 86 Stat. 353.
APPROVAL OF APPLICATIONS FOR GRANTS FROM APPORTIONED FENDS
SEC. 504. An application for a grant under section 503 may be ap-
proved by the Commissioner oniy upon his determination that-
(a) eachof the proposed projects, programs, and activities for
which it is approved meets the requirements of section 503 and
* will make a significant contribution to strengthening the leader-
ship resources of the applicant or its ability to participate effect-
* tively in meeting the educational needs of the State;
(b) the application contains or is supported by adequate as-
surance that Federal funds made available under the approved
application will be so used as to supplement, and to the extent
practical, increase the amounts of State funds that would in the
absence of such Federal funds be made available for projects and
activities which met the requirements of section 503;
(c) the application sets forth such fiscal control and fund
* accounting procedures as may be necessary to assure proper
disbursement of, and accounting for, Federal funds paid to the
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State (including any such funds paid by the State to agencies,
institutions, or organizations) under this part, and
(d) the application provides for making such reports, in such
form and containing such information, as the Commissioner may
require to carry out his functions under this part, and for keeping
such records and for affording such access thereto as the Corn,-
missioner may find necessary to assure the correctness and verifi-
cation of such reports.
(20 U.S.C. 864) Enacted April ii, 1965, P.L. 89-10, Title V, Sec. 504, 79 Stat.
50; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 152(d), 80 Stat. 1203;
amended April 13, 1970, P.L. 91-230, Title I, sec. 143 (a) (4) (B), 84 Stat. 142.
SPECIAL PROJECT GRANTS
SEC. 505. Five per centurn of the sums appropriated pursuant to
section 501 for each fiscal year shall be used by the Commissioner to
make grants to State educational agencies to pay part of the cost
of experimental projects for developing State leadership or for the
establishment of special services which, in the judgment of the Com-
missioner, hold promise of making a substantial contribution to the
solution of problems common to the State educational agencies of all
or several States, and for grants to public regional interstate commis-
sions or agencies for educational planning and research.
(20 U.S.C. 865) Enacted April 11, 1965, P.L. 89-10, Tifie V, sec. 505, 79 Stat.
51; amended Jan. 2, 1968, P.L. 90-247, Title I, sees. 145(b) (3), 146, 81 Stat. 800.
PART B-LOCAL EDUCATIONAL AGENCIES
APPROPRIATIONS AUTHORIZED
SEC. 521. (a) The Commissioner shall carry out a program for mak-
in~ grants to stimulate and assist local educational agencies in strength-
ening the leadership resources of their districts, and to assist those
agencies in the establishment and improvement of programs to identify
and meet the educational needs of their districts.
(b) For the purpose of making grants under this part, there is here-
by authorized to be appropriated the sum of $10,000,000 for the fiscal
year ending June 30, 1970, $20,000,000 for the fiscal year ending June
30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, and
$40,000,000 for the fiscal year ending June 30, 1973, and each of the
five succeeding fiscal years, except that no funds are authorized to be
appropriated for obligation by the Commissioner during any year for
which funds are available for obligation by the Commissioner for
carrying out part C of title IV.
(20 U.S.C. 866) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143(a) (4) (D),
84 Stat. 142; amended August 21, 1974, P.L. 93-380, sec. 104(b), 88 Stat. 503.
APPORTIONMENT AMONG STATES
SEC. 522. (a) From the sums appropriated for carrying out this
part for each fiscal year, the Commissioner shall reserve such amount,
but not in excess of 1 per centum of such sums, as he may determine
and shall apportion such amount among Guam, American Samoa, the
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118
Virgin Islands, and theTrust Territory of the Pacific Islands accord-
ing to their respective needs for assistance under this part. The re-
mainder of such sums shall be apportioned by the Commissioner as
follows:
(A) He shall apportion 40 per centum of such remainder
among the States in equal amounts.
(B) He shall apportion to each State an amount that bears
the same ratio to 60 per centum of such remainder as the number
of public school pupils in the State bea.rs to the number of public
school pupils in all the States, as determined by the Commissioner
on the basis of the most recent satisfactory data available to him.
For purposes of this paragraph, the term "State" does not include
Guam, American Samoa, the Virgin Islands~ and the Trust Territory
of the Pacific Islands.
(b) The amount apportioned to any State under subsection (a)
for any fiscal year which the Commissioner determines will not be
required for that year shall be available for reapportionment from
time to time, on such dates during that year as the Commissioner may
fix, to other States in proportion to the amounts originally appor-
tioned among those States under subsection (a) for that year, but
with the proportionate amount for any of the other States being
reduced to the extent it exceeds the sum the Commissioner estimates
the local educational agencies of such State need and will be able to use
for that year; and the total of these reductions shall be similarly
* reapportioned among the States whose proportionate amounts were
not so reduced. Any amount reapportioned to a State under this
subsection from funds appropriated pursuant to section 521 for any
fiscal year shall be deemed part of the amount apportioned to it under
subsection (a) for that year.
(20 U.S.C. 866a) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143 (a)
(4) (D), 84 Stat. 143.
GRANTS FROM APPORTIONED FUNDS
SEc. 523. From the amount apportioned to any State for any fiscal
year under section 522 the Commissioner may, upon approval of an
application in accordance with section 524 submitted to him by a local
educational agency of such State, after approval by the State edu-
cational agency in accordance with section 525, make a grant or grants
to such local educational agency equal to the expenditures incurred
by such agency for the planning of, and for programs for, the develop-
ment, improvement, or expansion of activities promoting the purposes
set forth in section 521(a) and more particularly described in such
application and for which such application is approved, such as-
(1) educational planning on a district basis, including the
identification of educational problems, issues, and needs in the
district and the evaluation on a periodic or continuing basis of
educational programs in the district;
(2) providing support or services for the comprehensive and
compatible recording, collecting, processing, analyzing inter-
preting, storing, retrieving, and reporting of educational data
including the use of automated data systems;
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(3) programs for conducting, sponsoring, or cooperating in
educational research and demonstration programs and projects
such as (A) establishing and maintaining curriculum research
and innovation centers to assist in locating and evaluating cur-
riculum research findings, (B) discovering and testing new educa-
tional ideas (including new uses of printed and audiovisual media)
and more effective educational practices, and putting into use
those which show promise of success, and (C) studying ways to
improve the legal and organizational structure for education, and
the management and administration of education in the district
of such agency;
(4) programs to improve the quality of teacher preparation,
including student-teaching arrangements, in cooperation with
institutions of higher education and State educational agencies;
(5) programs and other activities specifically designed to
encourage the full and adequate utilization and acceptance of
auxiliary personnel (such as instructional assistants and teacher
aides) in elementary and secondary schools on a permanent basis;
(6) providing such agencies and the schools of such agencies
with consultative and technical assistance and services relating to
academic subjects and to particular aspects of education such as
the education of the handicapped, the gifted and talented, and the
disadvanaged, vocational education, school building design and
utilization, school social work, the utilization of modern instruc-
tional materials and equipment, transportation, educational
administrative procedures, and school health, physical education,
and recreation;
(7) training programs for the officials of such agencies; and
(8) carrying out any such activities or programs, where
appropriate, in cooperation with other local educational agencies.
(20 U.S.C. 86Gb) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143(a) (4) (D),
84 Stat. 143.
APPROVAL OF APPLICATIONS BY THE COMMISSIONER
SEC. 524. (a) An application for a grant under this part for each
fiscal year shall set forth a plan under which Federal funds received
by the applicant under this part for that fiscal year will be used solely
for a program of activities specifically designed to strengthen the
leadership resources of the applicant and to establish and improve
programs to identify and meet the educational needs of the persons
served by the applicant.
(b) The Commissioner may approve an application under this part
only if the application for that year-
(1) contains or is supported by adequate assurance that Fed-
eral funds made available under the approved application will be
so used as to supplement, and to the extent practical, increase the
amounts of State and local funds that would in the absence of such
Federal funds be made available for projects and activities which
meet the requirements of section 523;
(2) sets forth such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of, and
accounting for, Federal funds paid under this part; and
44-078 0 - 75 - 9
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(3) provides for making such reports, in such form and con-
taining such information, as the Commissioner may require to
carry out his functions under this part, and for keeping such
records and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
(20 U.S.C. 860c) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143 (a) (4)
(D), 84 Stat. 144.
APPROVAL OF APPLICATIONS BY STATE EDUCATIONAL AGENCIES
SEC. 525. In approving applications for the purposes of this part
a State educational agency shall-
(1) approve only such applications for proposed projects, pro-
grams, or activities as will-
(A) make a significant contribution to strengthening the
leadership resources of the applicant or its ability to par-
ticipate effectively in meeting the educational needs of its
district, and
(B) involve an expenditure of at least $2,500, and
(2) provide for an equitable distribution on the basis of need
of funds provided pursuant to this part, and, to the extent pos-
sible within such a distribution, give priority to exemplary proj -
ects, programs, or activities.
(20 U.S.C. 866d) enacted April 13, 1970, P.L. 91-230, Title I. sec. 143(a) (4)
(D) 84 Stat. 144.
PART C-COMPREHENSIVE EDUCATIONAL PLANNING AND EVALUATION
AUTHORIZATION
SEC. 531. (a) The Commissioner is authorized to make comprehen-
sive planning and evaluation grants to State and local educational
agencies in order to assist and stimulate them to enhance their capabil-
ity to make effective progress, through comprehensive and continuing
planning and evaluation, toward the achievement of opportunities for
high-quality education for all segments of the pop11latioI~.
(b) For the purpose of carrying out the pro~sioi~s of this part,
there are hereby authorized to be appropriated $10,000,000 for the
fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending
June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973,
and each of the five succeeding fiscal years, except that no funds are
authorized to be appropriated for obligation during any year for
which funds are available for obligation for carrying out part C of
title IV.
(c) (1) (A) From the sums appropriated for carrying out this part
for each fiscal year, the Commissioner shall reserve such amoirnt. but
not in excess of 1 per centum of such per centum, as he may deter-
mine and shall apportion such amount among Guam. American Sa-
moa, the Virgin Islands, and the Trust Territory of the Pacific Is-
lands according to their respective needs for assistance under this
part. The remainder shall be apportioned by the Commissioner as
follows:
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(i) He shall apportion 40 per centum of such remainder among
the States in equal amounts.
(ii) He shall apportion to each State an amount that bears
the same ratio to 60 per centum of such remainder as the popula-
tion of the State bears to the population of all the States, as de-
termined by the Commissioner on the basis of the most recent
satisfactory data available to him.
(B) For purposes of this paragraph (1), the term "State" does not
include Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(2) The amount apportioned to any State under paragraph (1) of
this subsection for any fiscal year which the Commissioner determines
will not be required for that year shall be available for reapportion-
ment from time to time, on such dates during that year as the Commis-
sioner may fix, to other States in proportion to the amounts originally
apportioned among those States under such paragraph for that
year, but with the proportionate amount for any of the other States
being reduced to the extent it exceeds the sum the Commissioner esti-
niates the State and local educational agencies of such State need and
will be able to use for that year; and the total of these reductions shall
be similarly reapportioned among the States whose proportionate
amounts were not so reduced. Any amount reapportioned to a State
under this paragraph from funds appropriated pursuant to this sec-
tion for any fiscal year shall be deemed part of the amount apportioned
to it under paragraph (1) for that year.
(3) Grants for any fiscal year to a State agency and any local edu-
cational agency in such pursuant to this part shall be made from
such State's apportionment for such year pursuant to this subsection.
(20 U.S.C. 867) enacted April 13, 1970, P.L. 91-230, Title I, sec. 143(a) (4) (D),
84, Stat. 145; amended August 21, 1974, P.L. 93-380, sec. 104(c), 88 Stat. 503.
COMPREHENSIVE PLANNING AND EVALUATION GRANTS:
ELIGIBLE AGENCIES
SEC. 532. (a) Any State desiring to receive a grant under this part
for any fiscal year shall designate or establish within its State educa-
tional agency a single office or unit (hereinafter in this part referred to
as the State planning and evaluation agency) as the sole agency for
administering a comprehensive program of systematic planning and
evaluation of elementary and secondary education in the State. The
State planning and evaluation agency shall have the primary respon-
sibility for planning and evaluating the education programs of the
State and for the administration of funds received by the State under
this part.
(b) Any local educational agency desiring to receive a grant under
this part must provide the Commissioner with satisfactory assurance
that-
(1) the local educational agency or agencies have a planning
and evaluation office or unit which has or will have, as the result of
assistance under this part, the capability of carrying out a com-
prehensive program of systematic planning and evaluation meet-
ing the purposes of this part;
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(2) the appropriate State educational agency or agencies have
been consUlted and have had the opportunity to comment on, and
advise the local educational agencies and the Commissioner with
regard to, the application; and
(3) the planning and evaluation activities of the local educa-
tional agency or agencies will be closely coordinated with such ac-
tivities of the appropriate State agencies;
and must further provide the Commissioner with satisfactory assur-
ance that-
(4) the local educational agency serves, or, if two or more local
educational agencies are making joint application, those. agencies
serve, an area with a population sufficient to merit a comprehen-
sive planning and evaluation progra.m in addition to that of the
State or of other local educational agencies in the area or region
to be served by the applicant; or
(5) the local educational agency or agencies will use the funds
for demonstration projects to plan, develop, test, and improve
planning and evaluation systems and techniques consistent with,
and to further the purposes of, this part..
(c) In making gra.nts pursuant to this section the. Commissioner
shall give special emphasis on developing coordinated and compre-
hensive plans for educational planning and evaluation between and
among the Office of Education, State educational agencies, and local
educational agencies, including projects on an interstate, regional, or
metropolitan area basis.
(d) No grant shall be made by the Commissioner to a local edu-
cational agency or agencies under this part unless the application for
such grant ha.s been submitted to the State educational agency or
agencies in the State or States in which it is to be carried out. If
within sixty days of such submission or within such longer period of
time as the Commissioner may determine pursuant to regulations, the
State agency or agencies disapprove the proposed program or project,
the Commissioner shall review the application with the appropriate
State and local educational agencies before making a~ final decision.
(20 U.S.C. 867a) enacted April 13, 1970, P.L. 91-230, Title I, sec. 143(a) (4) (D),
84 Stat. 146.
APPLICATION
SEC. 533. (a) An application for a. grant under t.his part shall be
submitted to the Commissioner at such time or times, in such form, and
containing such information as he may deem necessary. Such appli-
cation shall include-
(1) a statement of present and project.ed educational needs
of persons residing in the area to be served;
(2) a description of a program for meeting those needs which
includes-j
(A) setting long-range areawide goals in meeting educa-
tional needs and establishing priorities among such goals,
(B) developing long-range plans for achieving such goals,
taking into consideration the resources available and the edu-
cational effectiveness of each of t.he alternatives,
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(C) planning new programs and improvements in existing
programs based on the results of analyses of alternative
means of achieving educational goals,
(D) objectively evaluating at intermediate stages the
progress and effectiveness of programs in achieving such
goals, and, when appropriate, adjusting goals, plans, and
programs to maximize educational effectiveness, and
(E) utilizing available management information, plan-
ning, and evaluation systems and techniques;
(3) a plan for developing and strengthening the capabilities
of the applicant to improve its planning capacity and to conduct,
on a continuous basis, objective evaluations of the effectiveness of
education programs and projects;
(4) a plan for utilizing the resources of, and coordina.ting with,
programs affecting education of other Federal, State, and local
agencies, organizations, and persons; and
(5) a statement of policies and procedures which have been,
or will be, established and implemented for developing and main-
taining a permanent system for obtaining and collecting signifi-
cant information necessary for the assessment of education in
the area to be served by the applicant, for consulting with and
involving parents of children served by the applicant, and for
making full and detailed information concerning the educational
planning and evaluation activities and findings of the applicant
and other agencies and persons receiving assistance under this
part reasonably available to the public.
(b) Applications for grants under this section may be approved by
the Commissioner only if he determines that the application-
(1) has been submitted only after interested parents have been
given reasonable notice and an opportunity to express their views
thereon;
(2) sets forth, in such detail as the Commissioner may deter-
mine necessary, such policies and procedures as will provide satis-
factory assurance that-
(A) the assistance provided under this section, together
with other available resources, will be so used for the pur-
poses of this part as to result in the maximum possible effec-
tive progress toward the achievement of a high level of plan-
ning and evaluation competence, and
(B) assistance under this part will be used primarily in
strengthening the capabilities of the planning and evaluation
staff of the agency, office, or unit responsible for the adminis-
tration of the application plan; and
(3) sets forth such policies and procedures as will insure that
Federal funds made available under the application will be so
used as to supplement, and to the extent practical, increase the
amounts of State or local funds that would, in the absence of
Federal funds, be made available for activities meeting the pur-
poses of this title;
(4) in the case of applications from States, makes adequate
provision (consistent with such criteria as the Commissioner shall
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prescribe by regulation) for using funds granted under this
section to make program planning and evaluation services avail-
able to local educational agencies in the State.
(c) A grant made pursuant to an application under this section
may be used to pay not to exceed 75 per centum of the cost of the
activities covered by the application.
(20 U.S.C. 867b). Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143(a) (4)
(D), 84 Stat. 147.
REPORTS
SEC. 534. Each recipient of a grant shall make an annual report on
the activities carried out with the funds from such grant which in-
cludes such information as the Commissioner determines will permit
an evaluation of the effectiveness of the program authorized by this
part in achieving its purposes. Each such recipient shall also make
such other reports, in such form and containing such information as
the Commissioner may require to carry out his functions under t.his
part.
(20 TI.S.O. 867c) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143 (a) (4)
(D), 84 Stat. 148.
PART P-COUNCILS ON QUALITY IN EDUCATION
NATIONAL AND STATE ADVISORY COUNCILS
SEC. 541. (a) (1) There is hereby established a National Council on
Quality in Education (hereafter referred to as the "National Council")
composed of fifteen members appointed by the President, by and with
the advice and consent of the Senate. The membership of the National
Council shall include persons who are familiar with the educational
needs and goals of the Nation, persons with competence in assessing
the progress of the education agencies, institutions, and organizations
in meeting those needs and achieving those goals, persons familiar with
the administration of State and local educational agencies and of
institutions of higher education, and persons representative of the gen-
eral public. Members shall be appointed for terms of three years,
except that (1) in the case of initial members, one-third of the mem-
bers shall be appointed for terms of one year each and one-third of
the members shall be appointed for terms of two years each, and (2)
appointments to fill the unexpired portion of any term shall be for
such portion only.
(2) The National Council shall-
(A) review tile administration of, general regulations for, and
operation of the programs assisted under this title at tile Federal,
State. and local levels, and other Federal education programs;
(B) advise the Commissioner and, when appropriate, the Sec-
retary and other Federal officials with respect to the educational
needs and goals of the Nation and assess the progress of the
educational agencies, institutions, and organizations of the Na-
tion toward meeting those needs and achieveing those goals;
(C) conduct objective evaluations of specific education pro-
grams and projects in order to ascertain the effectiveness of such
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programs and projects in achieving the purpose for which they
are intended;
(D) review, evaluate, and transmit to the Congress and the
President the reports submitted pursuant to clause (E) of para-
graph (3) of subsection (b) of this section;
(E) make recommendations (including recommendations for
changes in legislation) for the improvement of the administration
and operation of education programs including the programs
authorized by this title;
(F) consult with Federal, State, local, and other educational
agencies, institutions, and organizations with respect to assessing
education in the Nation and the improvement of the quality of
education, including-
(i) areas of unmet needs in education and national goals
and the means by which those areas of need may be met and
those national goals may be achieved;
(ii) determinations of priorities among unmet needs and
national goals; and
(iii) specific means of improving the quality and effec-
tiveness of teaching, curricula, and educational media and of
raising standards of scholarship and levels of achievement;
(G-) conduct national conferences on the assessment and im-
provement of education, in which national and regional education
associations and organizations, State and local education officers
and administrators, and other organizations, institutions, and
persons (including parents of children participating in Federal
education programs) may exchange and disseminate information
on the improvement of education; and
(H) conduct, and report on, comparative studies and evalua-
tions of education systems in foreign countries.
(3) The National Council shall make an annual report, and such
other reports as it deems appropriate, on its findings, recommenda-
tions, and activities to the Congress and the President. The President
is requested to transmit to the Congress, at least annually, such com-
ments and recommendations as he may have with respect to such
reports and its activities.
(4) Tn carrying out its responsibilities under this section, the Na-
tional Council shall consult with the National Advisory Council on
the Education of Disadvantaged Children, the National Advisory
Council on Supplementary Centers and Services, the National Ad-
visory Council on Education Professions Development, and such
other advisory councils and committees as may have information and
competence to assist the National Council. All Federal agencies are
directed to cooperate with the National Council in assisting it in carry-
ing out its functions.
(b) (1) Any State receiving payments under this tifle for any fiscal
year may establish a State advisory council (hereinafter referred to as
"State council") which if it meets the requirements and has the author-
ity specified in this subsection may receive payments pursuant to para-
graph (7). The State council shall be appointed by the Governor or, in
the case of States in which the members of the State educational agency
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are elected (including election by the State legislature), by such
agency.
(2) The State council established pursuant to this subsection shall
be broadly representative of the educational resources of the State and
of the public. Representation on the State council shall include, but
not be limited to, persons representative of-
* (A) public and nonprofit private elementary and secondary
schools;
(B) institutions of higher education,
(C) areas of competence in planning and evaluating education
programs, `and the assessment of the effectiveness of, and the ad-
ministration of, such programs at the State and local levels; and
(D) areas of competence in dealing with children for whom
special educational assistance is available under this Act.
(3) The State council shall-
(A) prepare and submit through the State educational agency
a report of its activities, recommendations, and eva1uations~ to-
gether with such additional comments as the State educational
agency deems appropriate, to the Commissioner and the National
Council at such times, in such form, and in such detail, as the
Commissioner may prescribe;
(B) advise the State educational agency on the preparation of,
and policy matters arising in the administration of, State and local
educational programs in the State, including the development of
criteria for approval of applications for assistance under this
title;
(C) advise State and local officials who have a responsibility
for education in the State with respect. to the planning. evaluat-
ing, administration, and assessment of education in the State;
(D) review and make recommendations to the State educa-
tional agency on the `action to be taken with respect to applications
for assistance under this title by local educational agencies; and
(E) evaluate programs and projects assisted under this title.
(4) Any such State shall certify the `establishment of, and member-
ship of its Sta.te council to, the Commissioner.
(5) Such State council shall meet within thirty days after its cer-
tification has been accepted by the Commissioner and select from
among its membership a chairman. The time. place, and manner of
meeting shall be as provided by the rules of the State coimeil. except
that such rules must provide for not less than one public meeting each
year at which the public is given opportunity to express views concern-
ing the operation of programs and projects assisted under this title.
(6) Such State' council shall be authorized to obtain the services of
such professional, technical, and clerical personnel as may be necessary
to enable them to carry out their functions under this title and to con-
tract for such services as may be necessary to enable them to carry out
their evaluation functions.
(7) There are hereby authorized to be appropriated for each fiscal
year such sums, not in excess of ~ per centum of the amount other-
wise appropriated for such year for the purposes of this title, as may
be necessary to carry out the provisions of this subsection.
~2O u.S.C. 868) Enacted April ~ ~9TQ, ~L ~1-2~Q, Title I, sec~ 143 (a) (4) (D),
84 Stat. 148.
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PART E-GENERAL PROVISIONS
ADMINISTRATION OF PLANS
SEC. 551. (a) The Commissioner shall not finally disapprove any
application from a State or a local educational agency, submitted
under part A or B of this title, or any modification thereof, without
affording the applicant reasonable notice and an opportunity for a
hearing.
(b) Whenever the Commissioner, after reasonable notice and an
opportunity for a hearing to a State or a local educational agency
administering a program under an application approved under this
title, finds that there has been a failure to comply substantially with
the appropriate provisions of this title or with the provisions of an
application approved under this title, he shall notify the State or the
local educational agency, as the case may be, that further payments
will not be made to that State or that local educational agency under
that application until he is satisfied that there is no longer any such
failure to comply. Until he is so satisfied, no further payments shall be
made to that State or that local educational agency under the ap-
plication. Whenever a local educational agency is given notice under
the first sentence of this subsection, notice shall also be submitted to
the appropriate State educational agency.
(20 U.S.C. 869) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143 (a) (4) (D),
84 Stat. 150.
JUDICIAL REVIEW
SEC. 552. (a) If any State or any local educational agency is dis-
satisfied with the Commissioner's final action with respect to the
approval of an application submitted under part A or B of this title or
with his final action under section 551 (b), such State or local educa-
tional agency may, within sixty days after notice of such action, file
with the United States court of appeals for the circuit in which such
State or local educational agency is located a petition for review of
that action. A copy of the petition shall be forthwith transmitted by
the clerk of the court to the Commissioner. The Commissioner there-
upon shall file in the court the record of the proceedings on which he
based his action as provided in section 2112 of title 28, United States
Code.
(b) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if supported by
substantial evidence.
(c) The court shall have jurisdiction to affirm the action of the
Commissioner or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
(20 U.S.C. 869a) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 143(a)
(4) (D), 84 Stat. 151.
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INTERCHANGE OF PERSONNEL
SEC. 553. (Repealed by P.L. 91-648, Title IV, Sec. 403, 84 Stat.
1925. See 5 U.S.C. 3371 if).
TITLE VT-EDUCATION OF THE HANDICAPPED
* *
(Note.-Effective J~u1y 1, 1971, title VI of ESEA. is repealed and replaced by
Education of the Handicapped Act. See p. 605.)
TITLE VII-BILINGUAL EDUCATION PROGRAMS
SHORT TITLE
SEC. 701. This title may be cited as the "Bilingual Education Act."
POLICY; APPROPRIATIONS
SEC. 702. (a) Recognizing-
(1) that there are large numbers of children of limited Eng-
lish-speaking ability;
(2) that many of such children have a cultural heritage which
differs from that of English-speaking persons;
(3) that a primary means by which a child learns is through
the use of such child's language and cultural heritage;
(4) that, therefore, large numbers of children of limited Eng-
lish-speaking ability have educational needs which can be met by
the use of bilingual educational methods and teclrniques; and
(5) that, in addition, children of limited English-speahng
ability benefit through the fullest utilization of multiple. language
and cultural resources.
the Congress declares it to be the policy of the United States, in order
to establish equal educational opportunity for all children (A) to
encourage the establishment and operation, where appropriate, of edu-
cational programs using bilingual educational practices, techniques,
and methods, and (B) for that purpose, to provide ftnancial assistance
to local educational agencies, and to State educational agencies for
certain purposes, in order to enable such local educational agencies
to develop and carry out such programs in elementary and secondary
schools, including activities at the preschool level, which are designed
to meet the educational needs of such children: and to demonstrate
effective ways of providing, for children of limited English-speaking
ability, instruction designed to enable them, while using their native
language, to achieve competence in the English language.
(b) (1) Except as is otherwise provided in this title, for the pur-
pose of carrying out the provisions of this title, there are authorized to
be appropriated $135,000,000 for the fiscal year ending ,iune 30. 1974:
$135,000,000 for the fisca.l year ending June 30. 1975: S140.000.000
for the fiscal year ending June 30, 1976: $150,000,000 for the fiscal
year ending June 30, 1977; and $160,000,000 for the fiscal year ending
June 30, 1978.
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(2) There are further authorized to be appropriated to carry out
the provisions of section 721(b) (3) $6,750,000 for the fiscal year end-
ing June 30, 1974; $7,250,000 for the fiscal year ending June 30, 1975;
$7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 for the
fiscal year ending June 30, 1977; and $9,750,000 for the fiscal year
ending June 30, 1978.
(3) From the sums appropriated under paragraph (1) for any
fiscal year-
(A) the Commissioner shall reserve $16,000,000 of that pare
thereof which does not exceed $70,000,000 for training activities
carried out under clause (3) of subsection (a) of section 721, and
shall reserve for such activities 33½ per centum of that part
thereof which is in excess of $70,000,000; and
(B) the Commissioner shall reserve from the amount not
reserved pursuant to clause (A) of this paragraph such amounts
as may he necessary, but not in excess of 1 per centum thereof, for
the purposes of section 732.
(20 U.S.C. 880b) Enacted August 21, 1974, P.L. 93-380, sec. 105(a) (1), 88
Stat. 503, 504.
DEFINITIONS; REGITLATIONS
SEc. 703. (a) rfhe following definitions shall apply to the terms
used in this title:
(1) The term "limited English-speaking ability," when used with
reference to an individual, means-
(A) individuals who were not born in the United States or
whose native language is a language other than English, and
(B) individuals who come from environments where a lan-
guage other than English is dominant, as further defined by the
Commissioner by regulations;
and, by reasons thereof, have difficulty speaking and understanding
instruction in the English language.
(2) The term "native language," when used with reference to an
individual of limited English-speaking ability, means the language
normally used by such individuals, or in the case of a child, the lan-
guage. normally used by the parents of the child.
(3) The term "low-income" when used with respect to a family
means an annual income for such a family which does not exceed the
low annual income determined pursuant to section 103 of title I of the
Elementary and Secondary Education Act of 1965.
(4) (A) The term "program of bilingual education" means a pro-
gram of instruction, designed for children of limited English-speak-
ing ability in elementary or secondary schools, in which, with respect
to the years of study to which such program is applicable-
(i) there is instruction given in, and study of, English and, to
the extent necessary to allow a child to progress effectively through
the educational system, the native language of the children of
l1mited English-speaking ability, and such instruction is given
with appreciation for the cultural heritage of such children, and,
with respect to elementary school instruction, such instruction
shall, to the extent necessary, be in all courses or subjects of
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study which will allow a child to progress effectively through the
educational system; and
(ii) the requirements in subparagraphs (B) through (E) of
this paragraph and established pursuant to subsection (b) of this
section are met.
(B) A program of bilingual education may make provision for
the voluntary enrollment to a limited degree therein, on a regular basis,
of children whose language is English, in order that they may acquire
an understanding of the cultural heritage of the children of limited
English-speaking ability for whom the particular program of bilingual
education is designed. In determining eligibility to participate in such
programs, priority shall be given to the children whose language is
other than English. In no event shall the program be designed for the
purpose of teaching a foreign language to English-speaking children.
(C) In such courses or subjects of study as art, music, and physical
education, a program of bilingual education shall make provision for
the participation of children of limited English-speaking ability in
regular classes.
(D) Children enrolled in a program of bilingual education shall,
if graded classes are used, be placed, to the extent practicable, in
classes with children of approximately the same age and level of edu-
cational attainment. If children of significantly varying ages or levels
of educational attainment are placed in the same class, the program
of bilingual education shall seek to insure that each child is provided
with instruction which is appropriate for his or her level of education-
al attainment.
(E) An application for a program of bilingual education shall be
developed in consultation with parents of children of limited Eng-
lish-speaking ability, teachers, and, where applicable, secondary
school students, in the areas to be served, and assurances shall be given
in the application that, after the application has been approved under
this title, the applicant will provide for participation by a committee
composed of, and selected by, such parents, and, in the case of second-
ary schools, representatives of secondary school student to be served.
(5) The term "Office" means the Office of Bilingual Education.
(6) The term c~Director~~ means the Director of the Office of Bilin-
gual Education.
(7) The term "Council" means the National Advisory Council on
Bilingual Education.
(8) The term "other programs for persons of limited English-
speaking ability" when used in sections 731 and 732 means the program
authorized by section 708(c) of the Emergency School Aid Act and the
programs carried out in coordination with the provisions of this title
pursuant to section 122(a) (4) (C) and part J of the Vocational Edu-
cation Act of 1963, and section 306 (a) (11) of the Adult Education
Act, and programs and projects serving areas with high concentrations
of persons of limited English-speaking ability pursuant to section 6
(b) (4) of the Library Services a.nd Construction Act.
(b) The Commissioner, after receiving recommendations from
State and local educational agencies and groups and organizations
involved in bilingual education, shall establish, publish, and distribute,
with respect to programs of bilingual education, suggested models
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with respect to pupil-teacher ratios, teacher qualifications, and other
factors affecting the quality of instruction offered in such programs.
(c) In prescribing regulations under this section, the Commis-
sioner shall consult with State and local educational agencies, appro-
priate organizations representing parents and children of limited
English-speaking ability, and appropriate groups and organizations
representing teachers and educators involved in bilingual education.
(20 U.S.C. 880 b-i) Enacted August 21, 1974, P.L. 93-380, sec. 105(a) (1), 88
Stat. 504, 505.
PART A-FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION
PRoGi~MS1
BILINGUAL EDUCATION PROGRAMS
SEC. 721. (a) Funds available for grants under this part shall be
used for-
(1) the establishment, operation, and improvement of pro-
grams of bilingual education;
(2) auxiliary and supplementary community and educational
activities designed to facilitate and expand the implementation of
programs described in clause (1), including such activities as
(A) adult education programs related to the purposes of this title,
particularly for parents of children participating in programs
of bilingual education, and carried out, where appropriate, in
coordination with programs assisted under the Adult Education
Act, and (B) preschool programs preparatory and supplemen-
tary to bilingual education programs;
(3) (A) the establishment, operation, and improvement of
training programs for personnel preparing to participate in, or
personnel participating in, the conduct of programs of bilingual
education and (B) auxiliary and supplementary training pro-
grams, which shall be included in each program of bilingual
education, for personnel preparing to participate in, or person-
nel participating in, the conduct of such programs; and
(4) planning, and providing technical assistance for, and tak-
ing other steps leading to the development of, such programs.
(b) (1) A grant may be made under this section only upon applica-
tion therefor by one or more local educational agencies or by an insti~
tution of higher education, including a junior or community college,
applying jointly with one or more local educational agencies (or, in
the case of a training activity described in clause (3) (A) of subsec-
tion (a) of this section, by eligible applicants as defined in section
723). Each such application shall be made to the Commissioner at such
time, in such manner, and containing such information as the Com-
missioner deems necessary, and
1 Sec. 105(a) (2) (A) of P.L. 93-380 provides as follows:
"(2) (A) The amendment made by this subsection shall be effective the date of enact-
ment of this Act, except that the provisions of part A of title vii of the Elementary and
Secondary Education Act of 1965 (as amended by subsection (a) of this section) shall
become effective on July 1, 1975, and the provisions of title vu of the Elementary and
Secondary Education Act of 1965 in effect immediately prior to the date of enactment of
this Act shall remain in effect through June 30, 1975, to the extent not inconsistent with
the amendment made by this section."
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(A) include a description of the activities set forth in one or
more of the clauses of subsection (a) which the applicant desires
to carry out; and
(B) provide evidence that the activities so described will make
substantial progress toward making programs of bilingual educa-
tion available to the children having need thereof in the area
served by the applicant.
(2) An application for a gralit under this part may be approved
only if-
(A) the provision of assistance proposed in the application
is consistent with criteria established by the Commissioner, after
consultation with the State educational agency, for the purpose
of achieving an equitable distribution of assistance under this
part within the State in which the applicant is located, which
criteria shall be developed by his taking into consideration (i)
the geographic distribution of children of limited English-
speaking ability, (ii) the relative need of persons in different geo-
graphic areas within the State for the kinds of services and
activities described in subsection (a), (iii) with respect to
grants to carry out programs described in clauses (1) and (2) of
subsection (a) of section 721, the relative ability of particular
local educational agencies within the State to provide such serv-
ices and activities, and (iv) with respect to such grants, the rela-
tive numbers of persons from low-income families sought to be
benefitted by such programs;
(B) in the case of applications from local educational agencies
to carry out programs of bilingual education under clause (1) of
subsection (a) of section 721, the Commissioner determines that
not less than 15 per centum of the amounts paid to the. applicant
for the purposes of such programs shall be expended for auxiliary
and supplementary training programs in accordance with the
provisions of clause (3) (B) of such subsection and section 723;
(C) the Commissioner determines (i) that the program will
use the most qualified available personnel and the best resources
and will substantially increase the educational opportunities for
children of limited English-speaking ability in the area to be
served by the applicant, and (ii) that, to the extent consistent with
the number of children enrolled in nonprofit. nonpublic schools
in the area to be served whose educational needs are of the type
which the program is intended to meet, provision has been made
for participation of such children; and
(D) the State educational agency has been notified of the
application and has been given the opportunity to offer recommen-
dations thereon to the applicant and to the Commissioner.
(3) (A) Upon an application from a State educational agency. the
Commissioner shall make provision for the submission and approval
of a State program for the coordination by such State agency of
technical assistance to programs of bilingual education in such
State assisted under this title. Such State program shall contain such
provisions, agreements, and assurances as the Commissioner shall. by
regulation. determine necessary and proper to achieve the purposes of
this title, including assurances that funds made available under this
PAGENO="0143"
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section for any fiscal year will be so used as to supplement, and to
the extent practical, increase the level of funds that would, in the
absence of such funds be made available by the State for the purposes
described in this section, and in no case to supplant such funds.
(B) Except as is provided in the second sentence of this subpara-
graph, the Commissioner shall pay from the amounts authorized for
these purposes pursuant to section 702 for each fiscal year to each State
educational agency which has a State program submitted and approved
under subparagraph (A) such sums as may be necessary for the proper
and efficient conduct of such State program. The amount paid by the
Commissioner to any State educational agency under the preceding
sentence for any fiscal year shall not exceed 5 per centum of the
aggregate of the amounts paid under this part to local educational
agencies in the State of such State educational agency in the fiscal year
preceding the fiscal year in which this limitation applies.
(c) In determining the distribution of funds under this title, the
Commissioner shall give priority to areas having the greatest need
for programs assisted under this title.
(20 U.S.C. 880b-7) Enacted August 21, 1974, P.L. 93-380, sec. 105(a) (1), 88
Stat. 506, 507.
INDIAN CHILDREN IN SCHOOLS
SEC. 722. (a) For the purpose of carrying out programs under this
part for individuals served by elementary and secondary schools
operated predominantly for Indian children, a nonprofit institution
or organization of the Indian tribe concerned which operates any
such school and which is approved by the Commissioner for the pur-
poses of this section may be considered to be a local educational agency
as such term is used in this title.
(b) From the sums appropriated pursuant to section 702(b), the
Commissioner is authorized to make payments to the Secretary of the
Interior to carry out programs of bilingual education for children
on reservations served by elementary and secondary schools for Indian
children operated or funded by the Department of the Interior. The
terms upon which payments for such purpose may be made to the
Secretary of the Interior shall be determined pursuant to such criteria
as the Commissioner determines will best carry out the policy of
section 702(a).
(c) The Secretary of the Interior shall prepare and, not later than
November 1 of each year, shall submit to the Congress and the Presi-
dent an annual report detailing a review and evaluation of the use,
during the preceding fiscal year, of all funds paid to him by the Com-
missioner under subsection (b) of this section, including complete
fiscal reports, a description of the personnel and information paid for
in whole or in part with such funds, the allocation of such funds,
and the status of all programs funded from such payments. Nothing
in this subsection shall be construed to relieve the Director of any
authority or obligation under this part.
(d) The Secretary of the Interior shall, together with the informa-
tion required in the preceding subsection, submit to the Congress and
the President, an assessment of the needs of Indian children with
respect to the purposes of this title in schools operated or funded by
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the Department of the Interior, including those State educational
agencies and local educational agencies receiving assistance under the
Johnson-O'Mafley Act (25 U.S.C. 452 et seq.) and an assessment of the
extent to which such needs are being met by funds provided to such
schools for educational purposes through the Secretary of the Interior.
(20 U.S.C. 880 b-8) Enacted August 21, 1974, P.L. 93-~380, sec. 105(a) (1),
88 Stat. 507, 508.
TRAINING
SEC. 723. (a) (1) In carrying out the provisions of clauses (1) and
(3) of subsection (a) of section 721, with respect to training, the Com-
missioner shall, through grants to, and contracts with, eligible appli-
cants, as defined in subsection (b), provide for-
(A) (i) training, carried out in coordination with any other
programs training auxiliary educational personnel, designed (I)
to prepare personnel to participate in, or for personnel partic-
ipating in, the conduct of programs of bilingual education. includ-
ing programs emphasizing opportunities for career development,
advancement, and lateral mobility, (II) to train teachers, admin-
istrators, paraprofessionals, teacher aides, and parents, and (III)
to train persons to teach and counsel such persons, and (ii) special
training programs designed (I) to meet individual needs, and
(II) to encourage reform, innovation, and improvement in appli-
cable education curricula in graduate education, in the structure
of the academic profession, and in recruitment and retention of
higher education and graduate school facilities, as related to
bilingual education; and
(B) the operation of short-term training institutes designed
to improve the skills of participants in programs of bilingual
education in order to facilitate their effectiveness in carrying out
responsibilities in connection with such programs.
(2) In addition the Commissioner is authorized to award fellow-
ships for study in the field of training teachers for bilingual edu-
cation. For the fiscal year ending June 30, 1975, not less than 100
fellowships leading to a graduate degree shall be awarded under the
preceding sentence for preparing individuals to train teachers for pro-
grams of bilingual education. Such fellowships shall be awarded in
proportion to the need for teachers of various groups of individuals
with limited English-speaking ability. For each fiscal year after ,June
30, 1975, and prior to July 1, 1978, the Commissioner shall report to the
Committee on Education and Labor of the House of Representatives
and the Committee on Labor and Public Welfare, of the Senate on
the number of fellowships in the field of training teachers for bilingual
education which he recommends will be necessary for that fiscal year.
(3) The Commissioner shall include in the terms of any arrange-
ment described in paragraphs (1) and (2) of subsection (a) of this
section provisions for the payment, to persons participating in train-
ing programs so described, of such stipends (including allowances for
subsistance and other expenses for such persons and their dependents)
as he may determine to be consistent with prevailing practices under
comparable federally supported programs.
(4) Tn making grants or contracts under this section. the Commis-
sioner shall give priority to eligible applicants with demonstrated
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15
competence and experience in the field of bilingual education. Funds
provided under grants or contracts for training activities described
in this section to or with a State educational agency, separately or
jointly, shall in no event exceed in the aggregate in any fiscal year
15 per centum of the total amount of funds obligated for training
activities pursuant to clauses (1) and (3) of subsection (a) of section
721 in such year.
(5) An application for a grant or contract for preservice. or inserv-
ice training activities described in clause (A) (i) (I) and clause (A)
(ii) (I) and in subsection (a) (1) (B) of this section shall be considered
an application for a program of bilingual education for the purposes
of subsection (a) (4) (E) of section 703.
(b) For the purposes of this section, the term "eligible applicants"
means-
(1) institutions of higher educatiou (including junior colleges
and community colleges) which apply, after consultation with, or
jointly with, one or more local educational agencies;
(2) local educational agencies; and
(3) State educational agencies.
(20 U.S.C. 880 b-9) Enacted August 21, 1974, P.L. 93-380, sec. 105(a) (1), 88
Stat. 508, 509.
PART B-ADMINISTRATION
OFFICE OF BILINGUAL EDUCATION
SEC. 731. (a) There shall be, in the Office of Education, an Office
of Bilingual Education (hereafter in this section referred to as the
"Office") through which the Commissioner shall carry out his func-
tions relating to bilingual education.
(b) (1) The Office shall be headed by a Director of Bilingual Edu-
cation, appointed by the Commissioner, to whom the Commissioner
shall delegate all of his delegable functions relating to bilingual
education.
(2) The Office shall be organized as the Director determines to be
appropriate in order to enable him to carry out his functions and
responsibilities effectively.
(c) The Commissioner, in consultation with the Council, shall pre-
pare and, not later than November 1 of 1975, and of 1977, shall submit
to the Congress and the President a report on the condition of bilingual
education in the Nation and the administration and operation of this
title and of other programs for persons of limited English-speaking
ability. Such report shall include-
(1) a national assessment of the educational needs of children
and other persons with limited English-speaking ability and of
the extent to which such needs are being met from Federal, State,
and local efforts, including (A) not later than July 1, 1977, the
results of a survey of the number of such children and persons in
the States,1 and (B) a plam including cost estimates, to he carried
out during the five-year period beginning on such date, for extend-
`Section 501 (b) (4) of P.L. 93-~3S0 provides as follows:
"(4) The National Center for Education Statistics shall conduct the survey required
by section 731(c) (1) (A) of title VII of the Elementary and Secondary Education Act of
44-078 0 - 75 - 10
PAGENO="0146"
136
ing programs of bilingual education and bilingual vocational and
adult education programs to all such preschool and elementary
school children and other persons of limited English-speaking
ability, including a phased plan for the training of the necessary
teachers and other educational personnel necessary for such
purpose;
(2) a report on and an evaluation of the activities carried out
under this title during the preceding fiscal year and the extent
to which each of such activities achieves the policy set forth in
section 702 (a)
(3) a statement of the activities intended to be carried out
during the succeeding period, including an estimate of the cost
of such activities;
(4) an assessment of the number of teachers and other educa-
tional personnel needed to carry out programs of bilingual edu-
cation under this title and those carried out under other programs
for persons of limited English-speaking ability and a statement
describing the activities carried out thereunder designed to pre-
pare teachers and other educational personnel for such programs,
and the number of other educational personnel needed to carry
out programs of bilingual education in the States and a statement
describing the activities carried out under this title designed to
prepare teachers and other educational personnel for such pro-
grams; and
(5) a description of the personnel, the functions of such per-
sonnel, and information available at the regional offices of t.he
Department of Health, Education. and Welfare dealing with
bilingual programs within that region.
(20 U.S.C. 880b-1Q) Enacted August 21, 1974, P.L. 93-380, see. 105(a) (1), 88
Stat. 509, 510.
NATIONAL ADVISORY COUNCIL ON BILINGUAL EDUCATION 1
SEC. 732. (a) Subject to part D of the General Education Provisions
Act, there shall be a National Advisory Council on Bilingual Educa-
tion composed of fifteen members appointed by the Secretary, one of
whom he shall designate as Chairman. At least eight of the members
of the Council shall be persons experienced in dealing with the edu-
cational problems of children and other persons who are of limited
English-speaking ability, at least one of whom shall be representa-
tive of persons serving on boards of education operating programs
of bilingual education. At least three members shall be experienced
in the training of teachers in programs of bilingual education. At least
two members shall be persons with general experience in the field of
elementary and secondary education. At least two members shall be
classroom teachers of demonstrated teaching abilities using bilingual
methods and techniques. The members of the Council shall be appointed
in such a way as to be generally representative of the significant seg-
ments of the population of persons of limited English-speaking ability
and the geographic areas in which they reside.
1 Sec. 105(a) (2) (B) of P.L. 93-380 provIdes as follows:
"(B) The `National Advisory Council on Bilingual Education, for which provision is
made in section 732 of such Act, shall be appointed within ninety days after the enact-
ment of this Act."
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1i37
(b) The Council shall meet at the call of the Chairman, but, not-
withstanding the provisions of section 446 (a) of the General Educa-
tion Provisions Act, not less often than four times in each year.
(c) The Council shall advise the Commissioner in the preparation
of general regulations and with respect to policy matters arising in
the administration and operation of this title, including the develop-
ment of criteria for approval of applications, and plans under this
title, `and the administration and operation of other programs for
persons of limited English-speaking ability. The Council shall prepare
and, not later than November 1 of each year, submit a report to the
Congress and the President on the condition of bilingual education in
the Nation and on the administration and operation of this title, in-
cluding those items specified in section 731(c), and the administration
and operation of other programs for persons of limited English-
speaking ability.
(d) The Commissioner shall procure temporary and intermittent
services of such personnel as are necessary for the conduct of the func-
tions of the Council, in accordance with section 445, of the General
Education Provisions Act, and shall make available to the Council
such staff, information, and other assistance as it may require to carry
out its activities effectively.
(20 U.S.C. 880b-11) Enacted August 21, 1974, P.L. 93-380, sec. 105 (c) (1), 88
Stat. 510, 511.
PART C-StTPPORTIVE SERVICES AND ACTIVITIES
ADMINISTRATION
SEC. 741 (a) The provisions of this part shall be administered by
the Assistant Secretary, in consultation with-
(1) the Commissioner, through the Office of Bilingual Educa-
tion; and
(2) the Director of the National Institute of Education, not-
withstanding the second sentence of section 405 (b) (1) of the
General Education Provision Act;
in accordance with regulations.
(b) The Assistant Secretary shall, in accordance with clauses (1)
and (2) of subsection (a), develop and promulgate regulations for
this part and then delegate his functions under this part, as may be
appropriate under the terms of section 742.
(20 U.S.C. 880b-12) Enacted August 21, 1974, PU. 93-380, sec. 105(a) (1), 88
Stat. 511.
RESEARCH AND DEMONSTRATION PROJECTS
Suc. 742. (a) The National Institute of Education shall, in accord-
ance with the provisions of section 405 of the General Education Pro-
visions Act, carry out a program of research in the field of bilingual
education in order to enhance the effectiveness of bilingual education
programs carried out under this title and other programs for persons
of limited English-speaking ability.
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(b) In order to test the effectiveness of research findings by the
National Institute of Education and to demonstrate new or innova-
tive practices, techniques, and methods for use in such bilingual educa-
tion programs, the Director and the Commissioner are authorized to
make competitive contracts with public and private educational agen-
cies, institutions, and organizations for such purpose.
(c) In carrying out their responsibilities wider this section, the
Commissioner and the Director shall, through competitive contracts
with appropriate public and private agencies, institutions, and
organizations-
(1) undertake studies to determine the basic educational needs
and language acquisition characteristics of, and the most effective
conditions for, educating children of limited English-speaking
ability;
(2) develop, and disseminate instructional materials and equip-
ment suitable for use in bilingual education programs; and
(3) establish and operate a national clearinghouse of informa-
tion for bilingual education, which shall collect, analyze. and
disseminate information about bilingual education and such bilin-
gual education and related programs.
(d) In carrying out their responsibilities under this section, the
Commissioner and the Director shall provide for periodic consulta-
tion with representatives of State and local educational agencies and
appropriate groups and organizations involved in bilingual education.
(e) There is authorized to be appropriated for each fiscal year prior
to July 1, 1978, $5,000,000 to carry out the provisions of this section.
(20 U.S.C. 880 b-13) Enacted August 21, 1974, P.L. 93-380, sec. 105(a) (1), 88
Stat. 511, 512.
TITLE Vill-GENERAL PROVISIONS
DEFINITIONS
SECTION 801. As used in titles II, III, V, VI,' and VII of this Act,
except when otherwise specified-
(a) The term "Commissioner" means the Commissioner of Educa-
tion.
(b) The term "construction" means (1) erection of new or expansion
of existing structures, and the acquisition and installation of equip-
ment therefore; or (2) acquisition of existing structures not owned by
any agency or institution making application for assistance under this
Act; or (3) remodeling or alteration (including the acquisition, instal-
lation, modernization, or replacement of equipment) of existmg
structures; or (4) a combination of any two or more of the foregoing.
(c) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(d) The term "equipment" includes machinery, utilities, and built-
in equipment and any necessary encJosures or structures to house them,
and includes all other items necessary for the functioning of a particu-
lar facility as a facility for the provision of educational services,
including items such as instructional equipment and necessary furm-
1 Repealed effective July 1, 1971.
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ture, printed, published, and audio-visual instructional materials, and \\
books, periodicals, documents, and other related materials.
(e) The term "institution of higher education" means an educational
institution in any State which-
(1) admits as regular students only individuals having a certifi-
cate of graduation from a high school, or the recognized equiva-
lent of such a certificate;
(2) is legally authorized within such State to provide a program
of education beyond high school;
(3) provides an educational program for which it awards a
bachelor's degree, or provides not less than a two-year program
which is acceptable for full credit toward such a degree, or offers
a two-year program in engineering, mathematics, or the physical
or biological sciences which is designed to prepare the student to
work as a technician and at a semiprofessional level in engineer-
ing, scientific, or other technological fields which require the un-
derstanding and application of basic engineering, scientific, or
mathematical principles or knowledge;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency
or association listed by the Commissioner pursuant to this para-
graph or, if not so accredited, is an institution whose credits are
accepted, on transfer, by not less than three institutions which
are so accredited, for credit on the same basis as if transferred
from an institution so accredited: Provided, however, That in the
case of an institution offering a two-year program in engineering,
mathematics, or the physical or biological sciences which is de-
signed to prepare the student to work as a technician and at a
semiprofessional level in engineering, scientific, or technological
fields which requires the understanding and application of basic
engineering, scientific, or mathematical principles or knowledge
if the Commissioner determines that there is no nationally recog-
nized accrediting agency or association qualified to accredit such
institutions, he shall appoint an advisory committee, composed of
persons specially qualified to evaluate training provided by such
institutions, which shall prescribe the standards of content, scope,
and quality which must be met in order to qualify such institu-
tions to participate under this Act and shall also determine
whether particular institutions meet such standards. For the pur-
poses of this paragraph the Commissioner shall publish a list of
nationally recognized accrediting agencies or associations which
he determines to be reliable authority as to the quality of educa-
tion or training offered.
(f) The term "`ocal educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a serv-
ice function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such terms also includes any other public in-
stitution or agency having administrative control and direction of a
public elementary or secondary school.
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(g) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or associa-
tions no part of the net ~earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(h) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law,
except that it does not include any education provided beyond grade 12.
(i) The term "Secretary" means the Secretary of }tealth, Educa-
tion, and Welfare.
(j) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, and the Virgin Islands and for
purposes of titles II, III, VI, and VII, such terms also includes the
Trust Territory of the Pacific Islands.
(k) The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for the State
supervision of public elementary and secondary schools. or, if there is
no such officer or agency, an officer or agency designated by the Gover-
nor or by State law.
(1) The term "gifted and talented children" means, in accordance
with objective criteria prescribed by the Commissioner, children who
have outstanding intellectual ability or creative talent the. develop-
ment of which requires special activities or services not ordinarily
provided by local educational agencies.
(20 U.S.C. 881) Enacted April 11, 1965, P.L. 89-10, Title VIII, sec. 801, for-
merly Title VI, sec. 601, 79 Stat. 55; redesignated as Title VII, sec. 701, Nov. 3,
1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1204; amended and redesignated
Jan. 2, 1968, P.L. 90-247, Titles I. VII, sees. 142(b), 152(c). 702. 703, 81 Stat.
799, 803, 816, 819; amended April 13, 1970, P.L. 91-230, Title I, sec. 162, 84
Stat. 152.
FEDERAL ADMINISTRATION
SEc. 803. (a) (Repealed).
(b) (Repealed).
(c) In administering the provisions of this Act and any Act
amended by this Act, the Commissioner shall consult with other Fed-
eral departments and agencies administering programs which may be
effectively coordinated with programs carried out pursuant to such
Acts, and to the extent practicable for the purposes of such Acts shall
coordinate such programs on the Federal level with the programs
being administered by such other departments and agencies. Federal
departments and agencies administering programs which may be ef-
fectively coordinated with programs carried out under this Act or
any Act amended by this Act, including community action programs
carried out under title II of the Economic Opportunity Act of 1964,
shall, to the fullest extent permitted by other applicable law, carry
out such programs in such a manner as to assist in carrying out, and
to make more effective, the programs under this Act or any Act
amended by this Act.
(20 U.S.C. 883) Enacted April 11, 1965, P.L. 89-10. Title VIII, see. 803. for-
merly Title VI, sec. 603, 79 Stat. 57: redesignated as Title VII. sec. 703. and
amended Nov. 3, 1966, P.L. 89-750 Title I. sees. 111(f). 161. SO Stat. 1196. 1204:
redesignated Jan. 2, 1968. P.L. 90-247, Title VII, sec. 702. 81 Stat. 816: amended
April 13, 1970, P.L. 91-230, Title I, sec. 163, Title IV. 401 (c) (2), 84 Stat. 153,
173. Sections (a) and (b) superseded by sec. 411 of P.L. 90-247, as amended by
P.L. 91-230 (20 U.S.C. 1231).
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141
STATUTE OF LIMITATIONS ON REFUND OF PAYMENTS
SEC. 804. No State or local educational agency shall be liable to
refund any payment made to such agency under this Act (including
title I of this Act) which was subsequently determined to be un-
authorized by law, if such payment was made more than five years
before such agency received final written notice that such payment
was unauthorized.
(20 U.S.C. 884) Enacted August 21, 1974, P.L. 93-380, sec. 106, 88 Stat. 512.
LIMITATION ON PAYMENTS UNDER THIS ACT
SEC. 805. Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act, or under any
Act amended by this Act, for religious worship or instruction.
(20 U.S.C. 885) Enacted April 1965, P.L. 89-10, Title VIII, sec. 805, for-
merly Title VI, sec. 605, 79 Stat. 58; redesignated as Title VII, sec. 705, Nov. 3,
1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1204; redesignated Jan. 2, 1968,
P.L. 90-247, Title VII, sec. 702, 81 Stat. 816.
DROPOUT PREVENTION PROJECTS
SEC. 807. (a) The Commissioner is authorized to arrange by con-
tract grant, or otherwise, with local educational agencies for the
carrying out by such agencies in schools which (1) are located in
urban or rural areas, (2) have a high percentage of children from
families with an income not exceeding the low-income factor, as
defined in section 103(c), and (3) have a high percentage of such
children who do not complete their education in elementary or
secondary school, of demonstration projects involving the use of
innovative methods, systems, materials, or programs which show
promise of reducing the number of such children who do not complete
their education in elementary and secondary schools.
(b) The Commissioner shall approve arrangements pursuant to this
section only on application by a local educational agency and upon his
finding:
(1) that the project will be carried out in one or more schools
described in subsection (a)
(2) that the applicant has analyzed the reasons for such chil-
dren not completing their education and has designed a program
to meet this problem;
(3) that effective procedures, including objective measurements
of educational achievements, will be adopted for evaluating at
least annually the effectiveness of the project; and
(4) that the project has been approvd by the appropriate State
educational agency.
(c) For the purpose of carrying out the provisions of this section,
there is hereby authorized to be appropriated $30,000,000 for each of
the fiscal years ending June 30, 1970, and June 30, 1971, $31,500,000
for the fiscal year ending June 30, 1972, and $33,000,00 for the fiscal
year ending June 30, 1973, and each of the five succeeding `fiscal years,
except that no funds are authorized to be appropriated for obligation
during any year for which funds are available for obligation for carry-
ing out part C of title IV.
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(20 U.S.C. 887) Enacted and redesignated Jan. 2, 1968, P.L. 90-247, Titles I,
VII, sees. 172, 702, 81 Stat. 806, 816; amended April 13, 1970. P.L. 91-230, Title
I, sec. 161, 84 Stat. 152; amended August 21, 1974. P.L. 93-380, see. 107, 88 Stat.
512, 513.
GRANTS FOR DEMONSTRATION PRO3ECTS TO IMPROVE SCHOOL NLTRITIOX
AND HEALTH SERVICES FOR CHILDREN FROM LOW-INCOME FAMILIES
SEC. 808. (a) The Secretary shall carry out a program of making
grants to local educational agencies and, Where appropriate, nonprofit
private educational organizations, to support demonstration projects
designed to improve nutrition and health services in public and private
schools serving areas with high concentrations of children from low-
income families.
(b) Funds appropriated pursuant to subsection (d) shall be avail-
able for grants pursuant to applications approved under this section
to pay the cost of (1) coordinating nutrition and health service re-
sources in the areas to be served by a demonstration project supported
under this section, (2) providing supplemental health, nutritional,
mental health, and food services to children from low-income families
when the resources for such services available to the applicant from
other sources are inadequate to meet the needs of such children, (3)
nutrition and health education programs designed to train professional
and other school personnel to provide nutrition and health services in
a manner which meets the needs of children from low-income families
for such services, and (4) the evaluation of projects assisted nuder
this section with respect to their effectiveness in improving school
nutrition and health services for such children.
(c) Applications for a grant under this section shall be submitted
at such time, contain such information, and be consistent with such
criteria as the Secretary may require by regulation. Such applications
shall provide for-
(1) the use of funds available under this section a.nd the coordi-
nation of health care facilities and resources and such nutrition
resources as may be available to tile applicant in order to insure
that a comprehensive program of physical and mental health and
nutrition services are available to children from low-income
families in the area to be served;
(2) the developmePt of health and nutrition curriculum mate-
rials related to the ~specific needs of persons involved with tile
project and to new and improved approaches to health services
and food technology;
(3) the. training of (A) school administrators, teachers, and
school health and nutrition personnel in order to assist them in
meeting tile health and nutritional needs of children from Tow-
income families, and (B) professional and subprofessioiial per-
sonnel for service in school nutrition and health programs; and
(4) adequate provision for evaluation of the project.
(d) For the purpose of making grants under this section there are
hereby authorized to be appropriated $2,000,000 for the fiscal year
ending June 30, l.970~ ~10.000~000 for the. fiscal year ending June 30.
1971, $16,000,000 for the fiscal year ending June 30, 1972, and $26,-
000,000 for the flscal year ending June 30, 1973, and aach of the five
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succeeding fiscal years, except that no funds are authorized to be ap-
~propriated for obligation during any year for which funds are
available for obligation for carrying out part C of title IV.
(20 U.S.C. 887a) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 164, 84 Stat.
153; amended August 21, 1974, P.L. 93-380, sec. 108, 88 Stat. 513.
RESEARCH AND DEMONSTRATION PROJECTS IN CORRECTION EDUCATION
SERVICES 1
SEC. 809. (a) The Commissioner is authorized to make grants to
State and local educational agencies, institutions of higher education,
and other public and private nonprofit research agencies and organiza-
tions for research or demonstration projects, relating to the academic
and vocational education of antisocial, aggressive, or delinquent per-
sons, including juvenile delinquents, youth offenders, and adult
criminal offenders, including the development of criteria for the
identification for specialized educational instruction of such persons
from the general elementary and secondary school age population and
special curriculums, and guidance and counseling programs. All proj-
ects shall include an evaluation component.
(b) The Commissioner is authorized to appoint such special or tech-
nical advisory committees as he may deem necessary to advise him
on matters of general policy relating to the education of persons
intended to be benefited by this section, and shall secure the advice
and recommendations of the Director, Bureau of Prisons, of the Di-
rector, Office of Juvenile Delinquency and Youth Development, the
Director of the Teachers Corps, the head of the National Institute of
Law Enforcement and Criminal Justice, the Administrator of the Law
Enforcement Assistance Administration, and such other persons and
organizations as lie, in his discretion, deems necessary before making
any grant under this section.
(c) For the purpose of carrying out this section, there is authorized
to be appropriated $500,000 for the fiscal year ending June 30, 1974,
and for the succeeding fiscal year.
(20 U.S.C. 887b) Enacted April 13, 1970, P.L. 91-230, Title I, sec. 164, 84
Stat. 154; amended August 21, 1974, P.L. 93-380, sec. 109, 88 Stat. 513.
IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOE INDIAN CHILDREN
SEC. 810. (a) The Commissioner shall carry out a program of mak-
ing grants for the improvement of educational opportunities for Indian
children-
(1) to support planning, pilot, and demonstration projects~
in accordance with subsection (b), which are designed to test and
demonstrate the effectiveness of programs for improving educa-
tional opportunit~es for Indian children
(`2) to assist in the establishment and operation of programs,
in accordance with subsection (c), which are designed to stimulate
(A) the provision of educational services not available to Indian
children in sufficient quantity or quality, aiid (B) the develop-
nient and establishment of exemplary educational programs to
1 Effective July 1. 1975, sectIon 809 is repealed (sec. 402(c) (3), P.L. 93-380).
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serve as models for regular school programs in which Indian
children are educated;
(3) to assist in the establishment and operation of preservice
and inservice training programs, in accordance with subsection
(d), for persons serving Indian children as educational personnel;
and
(4) to encourage the dissemination of information and ma-
terials relating to, and the evaluation of the effectiveness of,
education programs which may offer educational opportunities
to Indian children.
In the case of activities of the type described in clause (3) preference
shall be given to the training of Indians.
(b) The Commissioner is authorized to make grants to State and
local educational agencies, federally supported elementary and sec-
ondary schools for Indian children and to Indian tribes, organizations,
and institutions to support planning, pilot, and demonstration projects
which are designed to plan for, and test and demonstrate the effective-
ness of, programs for improving educational opportunities for Indian
children, including-
(1) innovative programs related to the educational needs of
educationally deprived children;
(2) bilingual and bicultural education programs and projects:
(3) special health and nutrition services, and other related
activities, which meet the special health, social, and psychological
problems of Indian children; and
(4) coordinating the operation of other federally assisted
programs which may be used to assist in meeting the needs of
such children.
(c) The Commissioner is also authorized to make grants to State
and local educational agencies and to tribal and other Indian com-
munity organizations to assist and stimulate them in developing and
establishing educational services and programs specifically designed
to improve educational opportunities for Indian children. Grants may
be used-
(1) to provide educational services not available to such chil-
dren in sufficient quantity or quality, including-
(A) remedial and compensatory instruction, school hea1th~
physical education, psychological, and other services designed
to assist and encourage Indian children to enter, remain in, or
reenter elementary or secondary school;
(B) comprehensive academic and vocational instruction;
(C) instructional materials (such as library books~ text-
books, and other printed or published or audiovisual mate-
rials) and equipment;
(D) comprehensive guidance, counseling, and testing
services;
(E) special education programs for handicapped:
(F) preschool programs;
(G) bilingual and bicultural education programs: and
(H) other services which meet the purposes of this~subsec-
tion; and
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(2) for the establishment and operation of exemplary and
innovative educational programs and centers, involving new
educational approaches, methods, and techniques designed to
enrich programs of elementary and secondary education for
Indian children.
(d) The Commissioner is also authorized to make grants to insti-
tutions of higher education and to State and local educational agencies,
in combination with institutions of higher education, for carrying out
programs and projects-
(1) to prepare persons to serve Indian children as teachers,
teacher aides, social workers, and ancillary educational personnel;
and
(2) to improve the qualifications of such persons who are serv-
ing Indian children in such capacities.
Grants for the purposes of this subsection may be used for the
establishment of fellowship programs leading to an advanced degree,
for institutes and, as part of a continuing program, for seminars,
symposia, workshops, and conferences. In carrying out the programs
authorized by this subsection, preference shall be given to the training
of Indians.
(e) The Commissioner is also authorized to make grants to and
contracts with, public agencies, and institutions and Indian tribes,
institutions, and organizations for-
(1) the dissemination of information concerning education
programs, services, and resources available to Indian children,
including evaluations thereof; and
(2) the evaluation of the effectiveness of federally assisted
programs in which Indian children may participate in achieving
the purposes of such programs with respect to such children.
(f) Applications for a grant under this section shall be submitted
at such time, in such manner, and shall contain such information,
and shall be consistent with such criteria, as may be established as
requirements in regulations promulgated by the Commissioner. Such
applications shall-
(1) set forth a statement describing the. activities for which
assitance is sought;
(2) in the case of an application for the purposes of subsection
(c), subject to such criteria as the Commissioner shall prescribe,
provide for the use of funds available under this section, and for
the coordination of other resources available to the applicant, in
order to insure that, within the scope of the purpose of the proj-
ect, there will be a comprehensiv3 program to achieve the pur-
poses of this section;
(3) in the case of an application for the purposes of subsection
(c), make adequate provision for the training of the personnel
participating in the project; and
(4) provide for an evaluation of the effectiveness of the project
in achieving its purposes and those of this section.
The Commissioner shall not approve an application for a grant under
subsection (b) or (c) unless he. is satisfied that such application, and
any documents submitted with respect thereto, show that there has
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been adequate participation by the parents of the children to be served
and tribal communities in the planning and development of the proj-
ect, and that there. will be such a participation in the operation and
evaluation of the project. Tile Commissioner shall not approve an ap-
plication for a grant under subsection (b), (c). or (d) unless he is sat-
isfied that such a.n application, to the extent consistent with the num-
ber of eligible children in the. area to be served who are enrolled in
private nonprofit elementary and secondary schools whose needs are
of the type which the. program is intended to meet, makes provision
for the participation of such children on an equitable basis. In ap-
proving applications under this section. the Commissioner shall give
priority to applications from Indian educational agencies, organiza-
tions, and institutions.
(g) For the purpose of making grants under this section there are
hereby authorized to be appropriated $25,000,000 for the fiscal year
ending June 30, 1973, and $35,000,000 for each of tha succeeding fiscal
years ending prior to July 1, 1978.
(20 U.S.C. 887(c) Enacted June 23, 1972, P.L. 92-318, Sec. 421(a) ; 86 Stat. 339,
341; amended August 21, 1974, P.L. 93-380, sec. 631(a), 88 Stat. 585; amended
August 21, 1974, P.L. 93-380, sec. 632(a), 88 Stat. 586.
CONSUMERS' EDUCATiON PROGRAMS 1
SEC. 811. (a) (1) There shall be within the Office of Education an
Office of Consumers' Education (hereafter in this section referred to as
the `Office') which shall be headed by a Director of Consumers' Edu-
cation (hereafter in this section referred to as the `Director') who. sub-
ject to the management of the Commissioner, shall have responsibility
for carrying out the provisions of this section.
(2) The Director shall be appointed by the Commissioner in accord-
ance with the provisions of title 5 of the United States Code relating
to appointments to the competitive service.
(b) (1) (A) The Director shall carry out a program of making
grants to, and contracts with, institutions of higher education, State
and local educational agencies, and other public and private agencies,
organizations, and institutions (including libraries) to support re-
search, demonstration. and pilot projects designed to provide con-
sumer education to the public except that no grant may be made other
than to a nonprofit agency, organization, or institution.
(B) Funds appropriated for grants and contracts under this sec-
tion shall be available for such activities as-
1 Note: Sec. 505(a) (1) and (2) of P.L. 92-315 read as follows:
"SEc. 505(a) (1) The Congress of the United States finds that there do not exist ade-
quate resources for educating and informing consumers about their role as participants
in the marketplace.
"(2) It is the purpose of the amendment made by this section to encourage and support
the development of new improved curricula to prepare consumers for participation in the
marketplace to demonstrate the use of such curriculums in model educational programs
and to evaluate the effectiveness thereof: to provide support for the initiation and main-
tenance of programs in consumer education at the elementary and secondary and higher
education levels: the disseminate curricular materials and other information for use in
educational programs throughout the Nation: to provide training programs for teachers.
other educational personnel, public service personnel. and community and labor leaders
and employees, and government employees at State. Federal. and local levels: to provide
for Community Consumer education programs: and to provide for the preparation and
distribution of materials by mass media in dealing with consumer education."
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(i) the development of curricula (including interdisciplinary
curricula) in consumer education;
(ii) dissemination of information relating to such curricula;
(iii) in the case of grants to State and local educational agencies
and institutions of higher education, for the support of education
programs at the elementary and secondary and higher education
levels; and
(iv) preservice and inservice training programs and projects
(including fellowship programs, institutes, workshops, sympo-
siums, and seminars) for educational personnel to prepare them
to teach in subject matter areas associated with consumer
education.
In addition to the activities specified in the first sentence of this para-
graph, such funds may be used for projects designed to demonstrate,
test, and evaluate the effectiveness of any such activities, whether or
not assisted under this section. Activities pursuant to this section shall
provide bilingual assistance when appropriate.
(C) Financial assistance under this subsection may be made avail-
able oniy upon application to the Director. Applications under this
subsection shall be submitted at such time, in such form, and containin
such information as the Director shall prescribe by regulation an
shall be approved only if it-
(i) provides that the activities and service for which assistance
is sought will be administered by, or under the supervision of, the
applicant;
(ii) describes a program for carrying out one or more of the
purposes set forth in the first sentence of subparagraph (B) which
holds promise of making a substantial contribution toward attain-
ing the purposes of this section;
(iii) sets forth such policies and procedures as will insure ade-
quate evaluation of the activities intended to be carried out under
the application;
(iv) sets forth policies and procedures which assure that Fed-
eral funds made available under this section for any fiscal year
will be so used as to supplement and, to the extent practical in-
crease the level of funds that would, in the absence of such Fed-
eral funds, be made available by the applicant for the purposes
described in this section, and in no case supplant such funds;
(v) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of an
accounting for Federal funds paid to the applicant under this
section; and
(vi) provides for making an annual report and such other
reports, iii such form and containing such information, as the
Commissioner may reasonably require and for keeping such rec-
ords, and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
Applications from local educational agencies for financial assistance
under this section may be approved by the Director only if the State
educational agency has been notified of the application and been given
the opportunity to offer recommendations.
(2) Federal assistance to any program or project under this sub-
section, other than those involving curriculum development, dissemina-
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tion of curricular materials, and evaluation, shall support up to 100
per centum of the cost of such program including costs of administra-
tion; contributions in kind are acceptable as local contributions to
program costs.
(c) Each recipient of Federal funds under this section shall make
such reports and evaluations as the Commissioner shall prescribe by
regulation.
(d) For the purpose of carrying out this section. the Commissioner
is authorized to expend not to exceed $15,000,000 for each fiscal year
ending prior to July 1, 1978.1
(20 U.S.C. 887d) Enacted June 23, 1972, P.L. 92-318, sec. 505(a). 86 Stat.
349, 350; amended August 21, 1974, P.L. 93-380, sec. 407. 88 Stat. 553.
OPEN MEETINGS OF EDUCATIONAL AGENCIES
SEC. 812. No application for assistance under this Act may be con-
sidered unless the local educational agency making such application
certifies to the Commissioner that members of the public have been
afforded the opportunity upon reasonable notice to testify or otherwise
comment regarding the subject matter of the application. The Com-
missioner is authorized and directed to establish such regulations as
necessary to implement this section.
(20 U.S.C. 88Th) Enacted August 21, 1974, P.L. 93-380. sec. 110. 88 Stat. 513.
TITLE TX-ETHNIC HERITAGE PROGRAM
STATEMENT OF POLICY
SEC. 901. Tn recognition of the heterogeneous composition of the
Nation and of the fact that in a multiethnic society a greater under-
standing of the contributions of one's own heritage and those of one's
fellow citizens can contribute to a more harmonious, patriotic, and
committed popu1ace~ and in recognition of the principle that all
persons in the educational institutions of the Nation should have an
opportunity to learn about the differing and unique contributions to
the national heritage made by each ethnic group. it is the purpose of
this title to provide assistance designed to afford to students oppor-
tunities to learn about the nature of their own cultural heritage. and
to study the contributions of the cultural heritages of the othe~et1mic
groups of the Nation.
(20 U.S.C. 900) Enacted June 23, 1972, P.L. 92-318, sec. 504(a), 56 Stat.
346. 347.
ETHNIC HERITAGE STUDIES PROGRAMS
SEC. 902. The Commissioner is authorized to make grants to. and
contracts with, public and private nonprofit educational agencies,
institutions, and organizations to assist them in planning. developing,
establishing, and operating ethnic heritage studies programs. as pro-
vided in this title.
(20 U.S.C. 900a) Enacted June 23, 1972, P.L. 92-318, sec. 504(a), 86 Stat. 347.
1 Sec. 402(a) (4) of P.L. 93-380 provides that no appropriation may be mgde for this
section In any fiscal ~`ear during which u~clii ar~ axailable for the purpo~e~ of thIs section
under the pr~visions of subsection 402(a) (The Special Projects Act).
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AUTHORIZED ACTIVITIES
SEC. 903. Each program assisted under this title shall-
(1) develop curriculum materials for use in elementary or
secondary schools or institutions of higher education relating
to the history, geography, society, economy, literature, art, music,
drama, language, and general culture of the group or groups with
which the program is concerned, and the contributions of that
ethnic group or groups to the American heritage; or
(2) disseminate curriculum materials to permit their use in
elementary or secondary schools or institutions of higher educa-
tion throughout the Nation; or
(3) provide training for persons using, or preparing to use,
curriculum materials developed under this title; and
(4) cooperate with persons and organizations with a special
interest in the ethnic group or groups with which the program is
concerned to assist them in promoting, encouraging, developing,
or producing programs or other activities which relate to the
history, culture, or traditions of that ethnic group or groups.
(20 U.S.C. 900a-1) Enacted June 23, 1972. P.L. 92-318, sec. 504(a), 86 Sat.
347; amended August 21, 1974, P.L. 93-380, sec. 111(b), 88 Stat. 513, 514.
APPLICATIONS
SEC. 904. (a) Any public or private nonprofit agency, institution,
or organization desiring assistance under this title shall make appli-
cation therefor in accordance with the provisions of this title and
other applicable law and with regulations of the Commissioner pro-
mulgated for the purposes of this title. The Commissioner shall
approve an application under this title only if he determines that-
(1) the program for which the application seeks assistance
will be operated by the applicant and that the applicant will carry
out such program in accordance with this title;
(2) such program will involve the activities described in sec-
tion 903; and
(3) such program has been planned, and will be carried out,
in consultation with an advisory council which is representative
of the ethnic group or groups with which the program is con-
cerned and which is appointed in a manner prescribed by
regulation.
(b) In approving applications under this title, the Commissioner
shall insure tli~t there is cooperation and coordination of efforts among
the programs assisted under this title, including the exchange of mate-
rials and information and joint programs where appropriate.
(20 U.S.C. 900a-2) Enacted June 23, 1972, P.L. 92-318, sec. 104(a), 86 Stat. 347.
ADMiNISTRATIVE PROVISIONS
SEC. 905. (a) In carrying out this title, the Commissioner shall
make arrangements which will utilize (1) the research facilities and
personnel of institutions of higher education, (2) the special knowl-
edge of ethnic groups .in local communities and of foreign students
pursuing their education in this country, (3) the expertise of teachers
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in elementary and secondary schools and institutions of higher edu-
cation, and (4) the talents and experience of any other groups such
as foundations, civic groups, and fraternal organizations which would
further the goals of the programs.
(b) Funds appropriated to carry out this title may be used to cover
all or part of the cost of establishing and carrying out the programs,
including the cost of research materials and resources, academic con-
sultants, and the cost of training of staff for the purpose of carrying
out the purposes of this title. Such funds may ~dso be used to provide
stipends (in such amounts as may be determined in accordance with
regulations of the Commissioner) to individuals receiving training as
part of such programs, including allowances for dependents.
(20) U.S.C. 900a-3 Enacted June 23, 1972. P.L. 92-318, sec. 104(a). 86 Stat.
347, 348.
NATIONAL ADVISORY COINCIL
SEC. 906. (a) There is hereby established a National Advisory
Council on Ethnic Heritage Studies consisting of fifteen members
appointed by the Secretary who shall be appointed. serveS and be com-
pensated as provided in part I) of the General Education Provisions
Act.
(b) Such Council shall, with respect to the program authorized by
this title, carry out the duties and functions specified in part D of the
General Education Provisions Act.
(20 U.S.C. 900a-4) Enacted June 23, 1972, P.L. 92-318, see. 104(a), 86 Stat. 348.
APPROPRIATIONS AUTHORIZED
SEC. 907. For the purpose of carrying out this title, there are
authorized to be appropriated $15~000,000 for each of the fiscal years
ending prior to July 1. 1978. Sums appropriated pursuant to this sec-
tion shall, notwithstanding any other provision of law unless enacted
in express limitation of this sentence, remain available for expenditure
and obligation until the end of the fiscal year succeeding the fiscal
year for which they were appropriated.
(20 U.S.C. 900a-5) Enacted June 23, 1972, P.L. 92-318. sec. 104(a), 86 Stat. 348;
amended August 21, 1974, P.L. 93-380, sec. 111(a) (1), 88 Stat. 513.
INDIAN EDUCATION ACT
SHORT TITLE
SEC. 401. This title may be cited as the "Indian Education Act."
Enacted June 23, 1972, P.L. 92-318, sec. 401, 86 Stat. 334.
PART A-REVISION OF IMPACTED AREAS PROGRAM
AS IT RELATES TO INDIAN CHILDREN
AMENDMENTS TO PuBLIC LAW 874, EIGHTY-FIRST CONGRESS
* * * * * * *
(N0TE.-These provisions are contained in Title III, P.L. 874 at p. 211)
* * * * * * *
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PART B-SPEC1AL PROGRAMS AND PuoJEcTs To IMPROVE
EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN
AMENDMENT TO TITLE VIII OF TIlE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
* * * * * * *
(NOTE-These provisions are contained in Title VIII of the ESEA at p. 143)
* * * * * * *
SEC. 421 (b) (2). For the purposes of titles II and III of the Elemen-
tary and Secondary Education Act of 1965 and part B of title VI of
Public Law 91-230, the Secretary of the Interior shall have the same
duties and responsibilities with respect to funds paid to him under
such titles, as he would have if the Department of the Interior were a
State educational agency having responsibilty for the administration
of a State plan under such titles.
SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR
TEACHERS OF INDIAN CHILDREN
SEC. 422. (a) The Commissioner is authorized to make grants to
and enter into contracts with institutions of higher education, Indian
organizations, and Indian tribes for the purpose of preparing indi-
viduals for teaching or administering special programs and projects
designed to meet the special educational needs of Indian children and
to provide in-service training for persons teaching in such programs.
Priority shall be given to Indian institutions and organizations. In
carrying out his respohsibilities under this section, the Commissioner
is authorized to award fellowships and traineeships to individuals and
to make grants to and to enter into contracts with institutions of higher
education. Indian organizations. and Indian tribes for cost of educa-
tion allowances. In awarding fellowships and traineeships under this
section, the Commissioner shall give preference to Indians.
(b) In the case of traineeships and fellowships, tile Commissioner
is authorized to grant stipends to, and allowances for dependents of,
persons receiving traineesiups and fellowships.
(c) There is authorized to be appropriated $2,000,000 for the fiscal
year endiDg .June 30, 1975, and for each of the three succeeding fiscal
years to carry out tile provisions of this section.
(20 U.S.C. 887c-1) Enacted August 21, 1974, P.L. 93-38.0, sec. 032(c), 88 Stat.
580.
FELLOWShIPS FOR INDIAN STUDENTS
SEC. 423. (a) During tile fiscal year ending June 30, 1975, and each
of tile three succeeding fiscal years, tile Commissioner is authorized to
award not to exceed two hundred fellowship to be used for study in
graduate and professional programs at institutions of higher educa-
tion. Such fellowships shaH be awarded to Indian students in order to
enable them to pursue a course of study of not less than three, nor more
than four, academic years leading toward a professional or graduate
degree in engineering, medicine, law, business, forestry and related
fields. In addition to tile fellowships authorized to be awarded in the
first sentence of this subsection, the Commissioner is authorized to
44-078 0 - 75 - 11
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award a number of fellowships equal to the number previously
awarded during any fiscal year under this subsection but vacated prior
to the end of the period during which they were awarded. except that
each fellowship so awarded shall be only for a period of study not rn
excess of the remainder of the period of time for which the fellowship
it replaces was awarded, as the Commissioner may determine.
(b) The Commissioner shall pay to PerSOIiS awarded fellowships
under this subsection such stipends (including such allowances for
subsistence of such persons and their dependents) as lie may determine
to be consistent with prevailing practices under comparable federally
supported programs.
(c) The Commissioner shall pay to the institution of higher educa-
tion at which the holder of a fellowship under this subsection is pur-
suing a course of study, in lieu of tuition charged such holder. such
amounts as the Commissioner may determine to cover the cost of edu-
cation for the holder of such a fellowship.
(20 U.S.C. 887c-2) Enacted August 21, 1974. P.L. 03-380, sec. 632(c), SS Stat.
586, 587.
PART C-SPECIAL PROGRAMS RELATING TO ADULT
EDUCATION FOR INDIANS
AMENDMENT TO THE ADULT EDUCATION ACT
NoTE-These provisions are contained in section 314 of the Adult Education
Act at p. 292.)
PART D-OFFICE OF INDIAN EDUCATION
OFFICE OF INDIAN EDUCATION
SEC. 441. (a) There is hereby established, in the Office of Education,
a bureau to be known as the "Office of Indian Education" which. under
the direction of the Commissioner, shall have the responsibility for
administering the provisions of title III of the Act of September 30.
1950 (Public Law 874, Eighty-first Congress). as added by this Act.
section 810 of title VIII of the Elementary and Secondary Education
Act of 1965, as added by this Act. and section 314 of title III of the
Elementary and Secondary Education Amendments of 1966. as added
by this Act. The Office shall be headed by a Deputy Commissioner of
Indian Education, who shall be appointed by the Commissioner of
Education from a list of nominees submitted to him 1w the National
Advisory Council on Indian Education.
(b) The Deputy Commissioner of Indian Education shall he com-
pensated at the rate prescribed for, and shall be. placed in. grade iS of
the General Schedule set forth in section 533~ of title 5. United States
Code, and shall perform such duties as are delegated or assigned to him
by the Commissioner. The position created by this subsection shall he
in addition to the number of positions placed in grade 18 of such Gen-
eral Schedule under section 5108 of title 5. United St.ates Code.
(20 U.S.C. 1221f) Enacted June 23, 1972, P.L. 92-318. sec. 441, 86 Stat. 343.
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NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION
SEC. 442. (a) There is hereby established the National Advisory
Council on Indian Education (referred to in this title as the "National
Council"), which shall consist of fifteen members who are Indians and
Alaska Natives appointed by the President of the United States. Such
appointments shall be made by the President from lists of nominees
furnished, from time to time, by Indian tribes and organizations, and
shall represent diverse geographic areas of the country. Subject to
section 448(b) of the General Education Provisions Act, the National
Council shall continue to exist until July 1, 1978.
(b) The National Council shall-
(1) advise the Commissioner of Education with respect to the
administration (including the development of regulations and of
administrative practices and policies) of any program in which
Indian children or adults participate from which they can bene-
fit, including title III of the Act of September 30, 1950 (Public
Law 874, Eighty-first Congress), as added by this Act, and section
810, title VIII of the Elementary and Secondary Education Act of
1965, as added by this Act and with respect to adequate funding
thereof;
(2) review applications for assistance under title III of the
Act of September 30, 1950 (Public Law 874, Eighty-first Con-
gress), as added by this Act, section 810 of title VIII of the Ele-
mentary and Secondary Education Act of 1965, as added by this
Act and section 314 of the Adult Education Act~ as added by this
Act, and make recommendations to the Commissioner with respect
to their approval;
(3) evaluate program and projects carried out under any pro-
gram of the Department of Health, Education, and Welfare in
which Indian children or adults can participate or from which
they can benefit, and disseminate the results of such evaluations;
(4) provide technical assistance to local educational agencies
and to Indian educational agencies, institutions, and organiza-
tions to assist them in improving the education of Indian children;
(5) assist the Commissioner in developing criteria and regu-
lations for the administration and evaluation of grants made under
section 303(b) of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress) ; and
(6) to submit to the Congress not later than March 31 of each
year a report on its activities, which shall include any recom-
mendations it may deem necessary for the improvement of Fed-
eral education programs in which Indian children and adults
participate, or from which they can benefit, which report shall
include statement of the National Council's recommendations to
the Commissioner with respect to the funding of any such
programs.
(c) With respect to functions of the National Council stated in
clauses (2), (3), and (4) of subsection (b), the National Council is
authorized to contract with any public or private nonprofit agency,
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institution, or organization for assistance in carrying out such
functions.
(d) From the sums appropriated pursuant to section 400(d) of the
General Education Provisions Act which are available for the pur-
poses of section 411 of such Act and for part D of such Act. the Com-
missioner shall make available such sums as may be necessary to enable
the National Council to carry out its functions under this section.
(20 U.S.C. 1221g) Enacted June 23, 1972, P.L. 92-318, sec. 442. 80 Stat. 343. 344:
amended August 21, 1974, P.L. 93-380, sec. 505 (a) (2), 88 Stat. 502; amended
August 21, 1974, P.L. 93-380, sec. 845(d), 88 Stat. 012.
PART E-MISCELLAXEOUS Pnovisioxs
SEc. 451. (This section is an amendment to Title V of the HEA of
1965 and is included at p. 375).
SEC. 452. (This section is an amendment to Title VII of the ESEA
of 1965 and is included at p. 133).
DEFINITION
SEc. 453. For the purposes of this title, the term "Indian" means
any individual who (1) is a member of a tribe, band, or other orga-
nized group of Indians, including those tribes, bands, or groups ter-
minated since 1940 and those recognized now or in the future by t.he
State in which they reside, or who is a descendant, in the first or sec-
ond degree, of any such member, or (2) is considered by the Secretary
of the Interior to be an Indian for any purpose, or (3) is an Eskimo
or Aleut or other Alaska Native, or (4) is determined to be an Indian
under regulations promulgated by the Commissioner. after consulta-
tion with the National Advisory Council on Indian Education. which
regulations shall further define the term "Indian."
(20 U.S.C. 1221h) Enacted June 23, 1972, P.L. 92-318, sec. 453, 80 Stat. 345.
TITLE Vu-EMERGENCY SCHOOL AID'
SHORT TITLE
SEC. 701. This title may be. cited as the "Emergency School Aid
Act."
Enacted June 23, 1972, P.L. 92-318, sec. 701, SO Stat. 354.
FINDINGS AND PURPOSE
SEC. 702. (a) The Congress finds that the process of eliminating or
preventing minority group isolation and improving the quality of
education for all children often involves the expenditure of additional
funds to which local educational agencies do not have access.
(b) The purpose of this title is to provide financial assistance-
(1) to meet the special needs incident to the elimination of
minority group segregation and discrimination among students
and faculty in elementary and secondary schools;
1 Title VII of P.L. 92-318.
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(2) to encourage the voluntary elimination, reduction, or pre-
vention of minority group isolation in elementary and secondary
schools with substantial proportions of minority group students;
and
(3) to aid school children in overcoming the educational dis-
advantages of minority group isolation.
(20 U.S.C. 1601) Enacted June 23, 1972, P.L. 92-318, sec. 702, 86 Stat. 354.
POLICY WITH RESPECT TO THE APPLICATION OF CERTAIN PROVISIONS OF
FEDERAL LAW
SEC. 703. (a) It is the policy of the United States that guidelines and
criteria established pursuant to this title shall be applied uniformly in
all regions of the United States in dealing with conditions of segrega-
tion by race in the schools of the local educational agencies of any
State without regard to the origin or cause of such segregation.
(b) It is the policy of the United States that guidelines and criteria
established pursuant to title VI of the Civil Rights Act of 1964 and
section 182 of the Elementary and Secondary Education Amendments
of 1966 shall be applied uniformly in all regions of the United States
in dealing with conditions of segregation by race whether de jure or
de facto in the schools of the local educational agencies of any State
without regard to the origin or cause of such segregation.
(20 U.S.C. 1602) Enacted June 23, 1972, P.L. 92-318, sec. 703 86 Stat. 356.
APPROPRIATIONS
SEC. 704. (a) The Assistant Secretary shall, in accordance with the
provisions of this title, carry out a program designed to achieve the
purpose set forth in section 702(b). There are authorized to be appro-
priated for the purpose of carrying out this title, $1,000,000,000 for the
fiscal year ending June 30, 1973, and $1,000,000,000 for the period
ending June 30, 1976.1 Funds so appropriated shall remain available
for obligation and expenditure during the fiscal year succeeding the
fiscal year for which they are appropriated.
From the sums appropriated pursuant to subsection (a) for any
fiscal year, the Assistant Secretary shall reserve an amount equal to
13 per centum thereof for the purposes of sections 708 (a) and (c),
711, and 713, of which-
(A) not less than an amount equal to 4 per centum of such sums
shall be for the purposes of section 708 (c) ; and
(B) not less than an amount equal to 3 per centum of such
sums shall be for the purposes of section 711.
(20 U.S.C. 1603) Enacted June 23, 1972, P.L. 92-318, sec. 704, 86 Stat. 355;
amended August 21, 1974, P.L. 93-380, sec. 641(a) 88 Stat. 587; amended August
21, 1974, P.L. 93-380, sec. 642(a), 88 Stat. 587.
1 Section 641(b) of P.L. 93-380 provides as follows:
"(b) With respect to the fiscal year ending June 30, 1976, the authorization level
for the Emergency School Aid Act shall, for the purposes of section 414 of the General
Education Provisions Act, be equal to the amount appropriated for the purposes of the
Emergency School Aid Act for the fiscal year ending June 30, 1976."
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APPORTIONMENT AMONG STATES
SEc. 705. (a) (1) From the sums appropriated pursuant to section
704(a) which are not reserved under section 704(b) for any fiscal
year, the Assistant Secretary shall apportion to each State for grants
and contracts within that State $75,000 plus an amount which bears
the same ratio to such sums as to the number of minority group chil-
dren aged 5-17, inclusive, in that State bears to the number of such
children in all States except that the amount apportioned to any State
shall not be less than $100,000. The number of such children in each
State and in all of the States shall be determined by the Assistant
Secretary on the basis of the most recent available data satisfactory
to him.
(2) The Assistant Secretary shall, in accordance with criteria estab-
lished by regulation, reserve not in excess of 15 per centum of the sums
appropriated pursuant to subsection 704(a) for grants to, and con-
tracts with. local, educational agencies in each State pursuant to
section 706(b) to be apportioned to each State in accordance with
paragraph (1) of this subsection.
(3) The Assistant Secretaryshall reserve 8 per centum of the sums
appropriated pursuant to subsection 704(a) for the purpose of sec-
tion 708 (b) to be apportioned to each State in accordance with para-
graph (1) of this subsection.
(b) (1) The amount by which any apportionment to a State for a
fiscal year under subsection (a) exceeds the amount which the Assistant
Secretary determines will be required for such fiscal year for pro-
grams or projects within such State shall be available for reapportion-
ment to other States in proportion to the original apportionments to
such States under subsection (a) for that vear~ but with such propor-
tionate amount for any such State being reduced to the extent it exceeds
the sum the Assistant Secretary estimates such State needs and will be
able to use for such year; and the total of such reductions shall be
similarly reapportioned among the States whose proportionate
a.mounts were not so reduced. Any amounts reapportioned to a State
under this subsection during a fiscal year shall be deemed part of
its apportionment under subsection (a) for such year.
(2) In order to afford ample opport.unity for all eligible applicants
in a State to submit applications for assistance under this title. the
Assistant Secretary shall not fix a date for reapportionment. pursuant
to this subsection. of any portion of any apportionment to a State
for a fiscal year which date is earlier than sixty days prior to the end
of such fiscal year.
(3) Notwithstanding the provisions of paragrapph (1) of this sub-
section, no portion of any apportionment to a State for a fiscal year
shall be available for reapportionment pursuant to this subsection
unless the Assistant Secretary determines that the applications for
assistance under this title which have been filed by eligible applicants
in that State for which a portion of such apportionment has not been
reserved (but which would necessitate use of that portion) are appli-
cations which do not meet the requirements of this title, as set forth
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in sections 706, 707, and 710, or which set forth programs or projects
of such insufficient promise for achieving the purpose of this title
stated in section 702(b) that their approval is not warranted.
(20 U.S.C. 1604) Enacted June 23, 1972, P.L. 92-318, sec. 705, 86 Stat. 355, 356.
ELIGIBILITY FOR ASSISTANCE
SEC. 706. (a) (1) The Assistant Secretary is authorized to make a
grant to, or a contract with, a local educational agency-
(A) which is implementing a plan-
(i) which has been undertaken pursuant to a final order
issued by a court of the United States, or a court of any State,
or any other State agency or official of competent jurisdic-
tion, and which requires the desegregation of minority group
segregated children or faculty in the elementary and second-
ary schools of such agency, or otherwise requires the elimina-
tion or reduction of minority group isolation in such schools;
or
(ii) which has been approved by the Secretary as adequate
under title VI of the Civil Rights Act of 1964 for the deseg-
regation of minority group segregated children or faculty in
such schools; or
(B) which, without having been required to do so, has adopted
and is implementing, or will, if assistance is made available to it
under this title, adopt and implement, a plan for the complete
elimination of minority group isolation in all the minority group
isolated schools of such agency; or
(C) which has adopted and is implementing, or will, if assist-
ance is made available to it under this Act, adopt and implement,
a plan-
(i) to eliminate or reduce minority group isolation in one
or more of the minority group isolated schools of such agency,
(ii) to reduce the total number of minority group children
who are in minority group isolated schools of such agency,
or
(iii) to prevent minority group isolation reasonably likely
to occur (in the absence of assistance under this title) in any
school in such district, in which school at least 20 per centum
but not more than 50 per centum, of the enrollment consists
of such children, or
(D) which, without having been required to do so, has adopted
and is implementing. or will, if assistance is made available to
it under this title, adopt and implement. a plan to enroll and
educate in the schools of such agency children who would not
otherwise be eligible for enrollment because of nonresidence in
the school district of such agency, where such enrollment would
make~ a significant contribution toward reducing minority group
isolation in one or more of the school districts to which such plan
relates; or
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(E) which will establish or maintain one or more integrated
schools as defined in section 720(7) and which-
(i) has a sufficient number of minority group children to
comprise more than 50 per centum of the number of children
in attendance at the schools of such agency, and
(ii) has agreed to apply for an equal amount of assistance
under section (b).
(2) (A) The Assistant Secretary is authorized, in accordance with
special eligibility criteria established by regulation for the purposes
of this paragraph, to make grants to, and contracts with, local educa-
tional agencies for the purposes of section 709 (a) (1).
(B) A local educational agency shall be eligible for assistance under
this paragraph only if-
(i) such agency is located within, or adjacent to, a Standard
Metropolitan Statistical Area:
(ii) the schools of such agency are not attended by minority
group children in a significant number or proportion; and
(iii) such local educational agency has made joint arrange-
ments with a local educational agency, located within that
Standard Metropolitan Statistical Area, and the schools of which
are attended by minority group children in a significant propor-
tion, for the establishment or maintenance of one or more inte-
grated schools as provided in section 720(6).
(h) The Assistant Secretary is authorized to make grants to. or con-
tracts with, local educational agencies, which are eligible under sub-
section (a) (1), for unusually promising pilot programs or projects
designed t.o overcome the adverse effects of minority group isolation
by improving the academic achievement of children in one or more
minority group isolated schools. if he determines that the local educa-
tional agency had a mimber of minority group children enrolled in
its schools. for the fiscal year preceding the fiscal year for which assist-
aiice is to be. provided, which (1) is at least 15.000. or (2) consistutes
more than 50 p~ centum of the total nmnber of children enrolled in
such schools.
(c) No local educational agency making application under this sec-
tion shall be eligible to receive a grant or contract in an amount in
excess of the amount determined by the Assistant Secretary. in accord-
ance with regulations setting forth criteria established for such ~~ur-
pose, to be the additional cost to the applicant arising out of activities
authorized under this title, above that of the activities normally car-
iied out by the local educational agency.
(d) (1) No educational agency shall be eligible for assistance under
this title if it has~ after the date of enactment of this title-
(A) transferred (directly oi indirectly hr gift. lease. loan, sale.
or other means) real or personai prop~~ty to. or made any services
available to. any transferee which it knew or reasonably should
have known to be a. nonpublic school or school system (or any
organization controlling, or intending to establish, such a school or
school system) without prior ~etermination that such nonpublic
school or school system (i) is not operated on a racially segregated
basis as an alternative for children seeking to avoid attendance in
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desgregated public schools, and (ii) does not otherwise practice,
or permit to be practiced, discrimination on the basis of race, color,
or national origin in the operation of any school activity;
(B) had in effect any practice, policy, or procedure which re-
sults in the disproportionate demotion or dismissal of instruc-
tional or other personnel from minority groups in conjunction
with desegregation or the implementation of any plan or the con-
duct of any activity described in this section, or otherwise engaged
in discrimination based upon race, color, or national origin in the
hiring, promotion, or assignment of employees of the agency (or
other personnel for whom the agency has any administrative
responsibility)
(C) in conjunction with desegration or the conduct of an ac-
tivity described in this section, had in effect any procedure for the
assignment of children to or within classes which results in the
separation of minority group from nominority group children
for a substantial portion of the school day, except that this clause
does not prohibit the use of bona fide ability grouping by a local
education agency as a standard pedagogical practice; or
(D) had in effect any other practice, policy, or procedure, such
as limiting curricular or extracurricular activities (or participa-
tion therein by children) in order to avoid the participation of
minority group children in such activities, which discriminates
among children on the basis of race, color, or national origin;
except that, in the case of any local educational agency which is ineligi-
ble for assistance by reason of clause (A), (B), (C), or (D), such
agency may make application for a waiver of ineligibility, which
application shall specify the reason for its ineligibility, contain such
information and assurances as the Secretary shall require by regula-
tion in order to insure that any practice, policy, or procedure, or other
activity resulting in the ineligibility has ceased to exit or occur and
include such provisions as are necessary to insure that such activities
do not reoccur after the submission of the application.
(2) Applications for waivers under paragraph (1) may be ap-
proved only by the Secretary. The Secretary's functions under this
paragraph shall, notwithstanding any other provision of law, not be
delegated.
(3) Applications for waiver shalT be granted by the Secretary upon
determination that any practice, policy, procedure or other activity
resulting in ineligibility has ceased to exist, and that the applicant has
given satisfactory assurance that the activities prohibited in this sub-
section will not reoccur.
(4) No application for assistance under this title shall be approved
prior to a determination by the Secretary that the applicant is not
ineligible by reason of this subsection.
(5) All determinations pursuant to this subsection shall be carried
out in accordance with criteria and investigative procedures estab-
lished by regulations of the Secretary for the purpose of compliance
with this subsection.
(6) All determinations and waivers pursuant to this subsection
shall be in writing. The Committee on Labor and Public Welfare of
the Senate and the Committee on Education and Labor of the House
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of Representatives shall each be given notice of an intention to grant
any waiver under this subsection, which notice shall be accompanied
by a copy of the proposed waiver for which notice is given and copies
of all determinations relating to such waiver. The Assistant Secretary
shall not approve an application by a local educational agency which
requires a waiver under this subsection prior to 15 days after receipt
of the notice required by the preceding sentence b the chairman of
the Committee on Labor and Public Welfare of the Senate and the
chairman of the Committee on Education and Labor of the House of
Representatives.
(20 U.S.C. 1605) Enacted June~23, 1972, P.L. 92-318, sec. 706, 56 Stat. 356-358;
amended August 21, 1974, P.L. 93-380, sees. 643(a) and (b), 88 Stat. 587.
XCTHORIZED ACTIVITIES
SEc. 707. (a) Financial assistance under this title (except as pro-
vided by sections 708, 709. and 711) shall he available for programs
and ~rojects which would not otherwise be funded and which involve
activities designed to carry out the puipose of this title stated in sec-
tion 702(b):
(1) Remedial services, beyond those provided under the regular
school program conducted by the local educational agency, includ-
ing student to student tutormg. to meet the special needs of chil-
dren (including gifted and talented children) in schools which
are affected by a plan or activity described in section 706 or a pro-
gram described in section 708. when such services are deemed
necessary to the success of such plan, activity, or program.
(2) The provision of additional professional or other staff mem-
bers (including staff members specially trained in problems in-
cident to desegregation or the elimination, reduction. or preven-
tion of minority group isolation) and the training and retraining
of staff for such schools.
(3) Recruiting, hiring, and training of teacher aides. provided
that in recruiting teacher aides. preference shall be given to par-
ents of children attending schools assisted under this title.
(4) Inservice teacher training designed to enhance the success
of schools assisted under this title through contracts with institu-
tions of higher education, or other institutions. agencies. and
organizations individually determined by the Assistant Secretary
to have special competence for such Purpose.
(5) Comprehensive guidance, counseling, and other personal
services for such. children.
(6) The development and use of new curricula and instruc-
tional methods. practices, and teclmique.s (and the acquisition of
instructional materials relating thereto) to support a program
of instruction for children from all racial, ethnic. and economic
backgrounds. including instruction in the language and cultural
heritage of minority groups.
(7) Educational programs using shared facilities for career
education and other specialized activities.
(8) Innovative interracial educational programs or proj ects
involving the joint participation of minority group children and
other children attending different schools, including extracurric-
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ular activities and cooperative exchanges or other arrangements
between schools within the same or different school districts.
(9) Community activities, including public information efforts.
in support of a plan, program, project, or activity described in
this title.
(10) Administrative and auxiliary services to facilitate the suc-
cess of the program, project, or activity.
(11) Planning programs, projects, or activities under this title,
the evaluation of such programs, projects, or activities, and dis-
semination of information with respect to such programs, projects,
or activities.
(12) Repair or minor remodeling or alteration of existing
school facilities (including the acquisition, installation, moderni-
zation, or replacement of instructional equipment) and the lease
or purchase of mobile classroom units or other mobile education
facilities.
In the case of programs, projects, or activities involving activities
described in pargraph (12), the inclusion of such activities must be
found to be a necessary component of, or necessary to facilitate, a
program or project involving other activities described in this sub-
section or subsection (b), and in no case involve an expenditure in
excess of 10 per centum of the amount made available to the applicant
to carry out the program, project, or activity. The Assistant Secretary
shall by regulation define the term "repair or minor remodeling or
alteration".
(b) Sums reserved under section 705 (a) (2) with respect to any
State shall be available for grants to, and contracts with, local educa-
tional agencies in that State making application for assistance under
section 706(b) to carry out innovative pilot programs and projects
which are specifically designed to assist in overcoming the adverse
effects of minority group isolation, by improving the educational
achievement of children in minority group isolated schools, including
only the activities described in paragraphs (1) through (12) of sub-
section (a), as they may be used to accomplish such purpose.
(20 U.S.C. 1606) Enacted June 23, 1972, P.L. 92-318, sec. 707, 86 Stat. 359,
360.
SPECIAL PROGRAMS AND PROJEOTS
SEC. 708. (a) (1) Amounts reserved by the Assistant Secretary pur-
suant to section 704(b) (2), which are not designated for the purposes
of clause (A) or (B) thereof, or for section 713 shall be available
to him for grants and contracts under this subsection.
(2) The Assistant Secretary is authorized to make grants to, and
contracts with, State and local educational agencies, and other public
agencies and organizations (or a combination of such agencies and
organizations) for the purpose of conducting special programs and
projects carrying out activities otherwise authorized by this title,
which the Assistant Secretary determines will make substantial prog-
ress toward achieving the purposes of this title.
(3) The Assistant Secretary is authorized to make grants to, and
contracts with, one or more private, nonprofit agencies, institutions, or
organizations, for the conduct, in cooperation with one or more local
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educational agencies, of special programs for the teaching of standard
mathematics to children eligible for services under this Act through
instruction in advanced mathematics by qualified instructors with
bachelor degrees in mathematics, or the mathematical sciences from
colleges or other institutions of higher education. or equivalent
experience.
(b) (1) From not more thar~ one-half of the sums reserved pursuant
to section 705 (a) (3), the Assistant Secretary, in cases in which he finds
that it would effectively carry out the purpose of this title stated in
section 702 (b), may assist by grant or contract any public or private
nonprofit agency, institution, or organization (other than a local edu-
cational agency) to carry out programs or projects designed to support
the development or implementation of a plan. program. or activity
described in section 706.
(2) From the remainder of the sums reserved pursuant to section
705 (a) (3), the Assistant Secretary is authorized to make grants to,
and contracts with, public and private nonprofit agencies. institutions,
and organizations (other than local educational agencies and non-
public elementary and secondary schools) to carry out programs or
projects designed to support the development or implementation of a
plan, program, or activity described in section 706.
(c) (1) The Assistant Secretary shall carry out a. program to meet
the needs of minority group children who are from an environment in
which a dominant language is other than English and who, because of
language barriers and cultural differences, do not have equality of
educational opportunity. From the amount reserved pursuant to sec-
tion 704(b) (2) (A), the Assistant Secretary is authorized to make
grants to, and contracts with-
(A) private nonprofit agencies, institutions, and organizations
to develop curricula, at the request of one or more educational
agencies which are eligible for assistance under section 706, de-
signed to meet the special educational needs of minority group
children who are from environments in which a dominant lan-
guage is other than English, fOr the development of reading,
writing, and speaking skills, in the English language and in the
language of their parents or grandparents. and to meet the edu-
cational needs of such children and their classmates to understand
the history and cultural background of the minority groups of
which such children are members;
(B) local educational agencies eligible for assistance under sec-
tion 706 for the purpose of engaging in such activities; or
(C) local educational agencies which are eligible to receive
assistance under section 706, for the purpose of carrying out ac-
tivities authorized under section 707(a) of this title to implement
curricula developed under clauses (A) and (B) or curricula
otherwise developed which the Assistant Secretary determines
meets the purposes stated in clause (A).
In making grants and contracts under this paragraph. the Assistant.
Secretary shall assure that sufficient funds from the amount reserved
pursuant to section 704(b) (2) (A) remain available to provide for
grants and contracts under clause (C) of this paragraph for imple-
mentation of such curricula as the Assistant Secretary determines
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meet the purposes stated in clause (A) of this paragraph. In making
a grant or contract under clause (C) of this paragraph, the Assistant
Secretary shall take whatever action is necessary to assure that the
implementation plan includes provisions adequate to insure training
of teachers and other ancillary educational personnel.
(2) (A) In order to be eligible for a grant or contract under this
subsection-
(i) a local educational agency must establish a program or
project committee meeting the requirements of subparagraph (B),
which will fully participate in the preparation of the application
under this subsection and in the implementation of the program
or project and join in submitting such application; and
(ii) a private nonprofit agency, institution, or organization
must (I) establish a program or project board of not less than
ten members which meets the requirements of subparagraph (B)
and which shall exercise policymaking authority with respect to
the program or project and (II) have demonstrated to the Assist-
ant Secretary that it has the capacity to obtain the services of
adequately trained and qualified staff.
(B) A program or project committee or board, established pursuant
to subparagraph (A) must be broadly representative of parents, school
officials, teachers, and interested members of the community or com-
munities to be served, not less than half of the members of which shall
be parents and not less than half of the members of which shall be
members of the minority group the educational needs of which the
program or project is intended to meet.
(3) All programs~or projects assisted under this subsectionshal] be
specifically designed to complement any programs or projects carried
out by the local educational agency under section 706. The Assistant
Secretary shall insure that programs of Federal financial assistance
related to the purposes of this subsection are coordinated and carried
out in a manner consistent with the provisions of this subsection, to
the extent consistent with other law.
(20 U.S.C. 1607) Enacted June 23, 1972, P.L. 92-318, sec. 708, 86 Stat. 360, 361,
amended August 21, 1974, P.L. 93-380, sec. 644, 88 Stat. 588.
METROPOLITAN AREA PROJECTS
Sr~c. 709. (a) Sums available to the Secretary under section 708 for
metropolitan area projects shall be available for the following
purposes:
(1) A program of grants to, and contracts with, local educa-
tional agencies. which are eligible under section 706(a) (2) in
order to assist them in establishing and maintaining integrated
schools as defined in section 720(6).
(2) A program of any grant to groups of local educational
agencies located in a Standard Metropolitan Statistical Area for
the joint development of a plan to reduce and eliminate minority
group isolation, to the maximum extent possible, in the public
elementary and secondary schools in the Standard Metropolitan
Statistical Area, which shall, as a minimum, provide that by a
date certain, but in no event later than July 1, 1983, the per-
centage of minority group children enrolled in each school in the
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Standard Metropolitan Statistical Area shall be at least 50 per
centum of the percentage of minority group children enrolled in
all the schools in the Standard Metropolitan Statistical Area.
No grant may be made under this paragraph unless-
(A) two-thirds or more of the local educational agencies
in the Standard Metropolitan Statistical Area have approved
the application, and
(B) the number of students in the schools of the local
educational agencies which have approved the application
constitutes two-thirds or more of the number of students in
the schools of all the local educational agencies in the Stand-
ard Metropolitan Statistical Area.
(b) In making grants and contracts under this section, the Assistant
Secretary shall insure that at least one grant shall be for the purposes
of paragraph (2) of subsection (a).
(20 U.S.C. 1608) Enacted June 23, 1972, P.L. 92-318, sec. 709. 86 Stat. 361, 362;
amended August 21, 1974, P.L. 93-370, sec. 642(b), 88 Stat. 587: amended
August 21, 1974, P.L. 93-380, sec. 222, 88 Stat. 519.
APPLICATIONS
SEC. 710. (a) Any local educational agency desiring to receive
assistance under this title for a.ny fiscal year shall submit to the
Assistant Secretary an application therefor for that fiscal year at such
time, in such form, and containing such information as the Assistant
Secretary shall require by regulation. Such application, together with
all correspondence and other written materials relating thereto, shall
be made readily available to the public by the applicant and by the
Assistant Secretary. The Assistant Secretary may approve such an
application only if he determines that such application-
(1) in the case of applications under section 706~ sets forth a
program under which, and such policies and procedures as will
assure that, (A) the applicant will use the funds received under
this title only for the activities set forth in section 70~' and (B)
in the case of an application under section 706(b). the applicant
will initiate or expand an innovative program specifically designed
to meet the educational needs of children attending one or more
minority group isolated schools;
(2) has been developed-
(A) in open consultation with parents, teachers, and, where
applicable, secondary school students, including public hear-
ings at which such persons have had a full opportunity to
understand the program for which assistance is being sought
and to offer recommendations thereon, and
(B) except in the case of applications under section 708(c).
with the participation of a committee composed of parents of
children participating in the program for which assistance is
sought, teachers, and, where applicable, secondary school
students, of which at least half the members shall be such
parents, and at least half shall be persons from minority
groups;
(3) sets forth such policies and procedures as will insure that
the program for which assistance is sought will be operated in con-
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sultation with, and with the involvement of, parents of the chil-
dren and representatives of the area to be served, including the
committee established for the purposes of clause (2) (B);
(4) sets forthsuch policies and procedures, and contains such
information, as will insure that funds paid to the applicant under
the application will be used solely to pay the additional cost to
the applicant in carrying out the plan, program, and activity
described in the application;
(5) contains such assurances and other information as will
insure that the program for which assistance is sought will be
administered by the applicant, and that any funds received by
the applicant, and any property derived therefrom, will remain
under the administration and control of the applicant;
(6) sets forth assurances that the applicant is not reasonably
able to provide, out of non-Federal sources, the assistance for
which the application is made;
(7) provides that the plan with respect to which such agency is
seeking assistance (as specified in section 706(a) (1) (A) does not
involve freedom of choice as a means of desegregation, unless the
Assistant Secretary determines that freedom of choice has
achieved, or will achieve, the complete elimination of a dual school
system in the school district of such agency;
(8) provides assurances that for each academic year for which
assistance is made available to the applicant under this title such
agency has taken or is in the process of taking all practicable steps
to avail itself of all assistance for which it is eligible under any
program administered by the Commissioner;
(9) provides assurances that such agency will carry out, and
comply with, all provisions, terms, and conditions of any plan,
program, or activity as described in section 706 or section 708 (c)
upon which a determination of its eligibility for assistance under
this title is based;
(10) sets forth such policies and procedures, and contains such
information, as will insure that funds made available to the appli-
cant (A) under this title will be so used (i) as to supplement and,
to the extent practicable, increase the level of funds that would, in
the absence of such funds, be made available from non-Federal
sources for the purposes of the program for which assistance is
sought, and for promoting the integration of the schools of the
applicant, and for the education of children participating in such
program, and (ii) in no case, as to supplant such funds from non-
Federal sources, and (B) under any other law of the United States
will, in accordance with standards established by regulation, be
used in coordination with such programs to the extent consistent
with such other law;
(11) in the case of an application for assistance under section
706, provides that the program, project, or activity to be assisted
will involve an additional expenditure per pupil to be served,
determined in accordance with regulations prescribed by the
Assistant Secretary. of sufficient magnitude to provide reascnable
assurance that the desired funds under this title will not be dis-
persed in such ~ way as to undermine their effectiveness;
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(12) provides that (A) to the extent consistent with the number
of minority group children in the area to be served who are
enrolled in private nonprofit elementary and secondary schools
which are operated in a manner free from discrimination on the
basis of race, color, or national origin, and which do not serve as
alternatives for children seeking to avoid attendance in desegre-
gated or integrated public schools, whose participation would
assist in achieving the purpose of this title stated in section 702(b)
provides assurance that such agency (after consultation with the
appropriate private school officials) has made provision for their
participation on an equitable basis, and (B) to the extent consist-
ent with the number of children, teachers, and other educational
staff in the school district of such agency enrolled or employed
in private nonprofit elementary and secondary schools whose par-
ticipation would assist in achieving the purpose of this title stated
in section 702(b) or, in the case of an application under section
708 (c), would assist in meeting the needs described in that sub-
section, such agency (after consultation with the appropriate
private school officials) has made provisions for their participa-
tion on an equitable basis;
(13) provides that the applicant has not reduced its fiscal effort
for the provision of free public education for children in attend-
ance of the schools of such agency for the fiscal year for which
assistance is sought under this title to less than that of the second
preceding fiscal year, and that the current expenditure per pupil
which such agency makes from revenues derived from its local
sources for the fiscal year for which assistance under this title will
be made available to such agency is not less than such expendi-
ture per pupil which such agency made from such revenues
for (A) the fiscal year preceding the fiscal year during which
the implementation of a plan described in section 706(a) (1) (A)
was commenced, or (B) the third fiscal year preceding the fiscal
year for which such assistance will be made available under this
title, whichever is later;
(14) provides that the appropriate State educational agency
has been given reasonable opportunity to offer recommendations
to the applicant and to submit comments to the Assistant Secre-
tary;
(15) sets forth effective procedures, including provisions for
objective measurement of change in educational achievement and
other change to be effected by programs conducted under this
title, for the continuing evaluation of programs, projects, or
activities under this title, including their effectiveness in achieving
clearly stated program goals, their impact on related programs
and upon the community served, and their structure and mecha-
nisms for the delivery of services, and including, where appro-
priate, comparisons with proper control groups composed of per-
sons who have not participated in such programs or projects; and
(16) provides (A) that the applicant will make periodic reports
at such time, in such form, and containing such information
as the Assistant Secretary may require by regulation, which regu-
lation may require at least-
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(i) in the case of reports relating to performance, that the
reports be consistent with specific criteria related to the pro-
grain objectives, and
(ii) that the reports include information relating to educa-
tional achievement of children in the schools of the applicant,
and (B) that the applicant will keep such records and afford such
access thereto as-
(1) will be necessary to assure the correctness of such re-
ports and to verify them, and
(ii) will be necessary to assure the public adequate access to
such reports and other written materials.
(b) No application under this section may be approved which is
not accompanied by the written comments of a committee established
pursuant to clause (2) (B) of subsection (a). The Assistant Secretary
shall not approve an application without first affording the committee
an opportunity for an informal hearing if the committee requests such
a hearing.
(c) In approving applications submitted under this title (except
for those submitted under sections 708 (b) and (c) and 711), the
Assistant Secretary shall apply only the following criteria:
(1) the need for assistance, taking into account such factors as-
(A) the extent of minority group isolation (including the
number of minority group isolated children and the relative
concentration of such chlidren) in the school district to be
served as compared to other school districts in the State,
(B) the financial need of such school district as compared
to other school districts in the State,
(C) the expense and difficulty of effectively carrying out
a plan or activity described in section 706 or a program
described in section 708 (a) in such school district as com-
pared to other school districts in the State, and
(D) the degree to which measurable deficiencies in the
quality of public education afforded in such school district
exceeded those of other school districts within the State;
(2) the degree to which the plan or activity described in sec-
tion 706(a), and the program or project to be assisted, or the
program described in section 708 (a) are likely to effect a decrease
in minority group isolation in minority group isolated schools,
or in the the case of applications submitted under section 706
(a) (1) (C) (iii) or under section 706 (a) (1) (E) the degree to
which the plan or activity and the program or project, are likely
to prevent minority group isolation from occurring or increasing
(in the absence of assistance under this title)
(3) the extent to which the plan or activity described in section
706 constitutes a comprehensive districtwide approach to the
elimination of minority groups isolation, to the maximum extent
practicable, in the schools of such school district:
(4) the degree to which the program, project, or activit~' to be
assisted affords promise of achieving the purpose of this title
stated in section 702(b);
(5) that (except in the case of an application submitted under
section 708(a)) the amount necessary to carry out effectively the
44-078 0 - 75 - 12
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project or activity does not exceed the amount available for assist-
ance in the State under this title in relation to the other applica-
tions from the State pending before him; and
(6) the degree to which the plan or activity described in section
706 involves to the fullest extent practicable the total educational
resources, both public and private, of the community to be served.
(d) (1) The Assistant Secretary shall not give less favorable con-
sideration to the application of a local educational agency (including
an agency currently classified as legally desegregated by the Secre-
tary) which has voluntarily adopted a plan qualified for assistance
under this title (due only to the voluntary nature of the action) than
to the application of a local educational agency which has been legally
required to adopt such a plan.
(2) The Assistant Secretary shall not finally disapprove in whole
or in part any application for funds submitted by a local educational
agency without first notifying the local educational agency of the
specific reasons for his disapproval and without affording the agency
an appropriate opportunity to modify its application.
(e) The Assistant Secretary may, from time to time. set dates by
which applications shall be filed.
(f) In the case of an application by a combination of local educa-
tional agencies for jointly carrying out a program or project under this
title, at least one such agency shall be a local educational agency
described in section 706(a) or section 708 (a) or (c) and any one or
more of such agencies joining in such application may be authorized
to administer such program or project.
(g) No State shall reduce the amount of State aid with respect to
the provision of free public education in any school district of any
local educational agency within such State because of assistance made
or to be made available to such agency under this title.
(20 U.S.C. 1609) Enacted June 23, 1972, P.L. 92-318, sec. 710. 86 Stat. 362-366;
amended August 21, 1974, P.L. 93-380, sec 643(c), 88 Stat. 587.
EDUCATIONAL TELEVISION
SEc. 711. (a) The sums reserved pursuant to section 704(b) (2) (B)
for the purpose of carrying out this section shall be available for
grants and contracts in accordance with subsection (b).
(b) (1) The Assistant Secretary shall carry out a program of mak-
ing grants to, or contracts with, not more than ten public or private
nonprofit agencies, institutions, or organizations with the capability of
providing expertise in the development of television programing, in
* sufficient number to assure diversity, to pay the cost of development
* and production of integrated children's television programs of cogni-
* tive and effective educational value.
* (2) Television programs developed in whole or in part with assist-
ance provided under this title shall be made reasonably available for
transmission, free of charge, and shall not be transmitted under com-
mercial sponsorship.
(3) The Assistant Secretary may approve an application under this
section only if he determines that the applicant-
(A) will employ members of minority groups in responsible
* positions in development, production, and administrative staffs;
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(B) will use modern television techniques of research and
production; and
(C) has adopted effective procedures for evaluating education
and other change achieved by children viewing the program.
(20 U.S.C. 1610) Enacted June 23, 1972, P.L. 92-318, sec. 711, 86 Stat. 366.
PAYMENTS
SEC. 712. (a) Upon his approval of an application for assistance
under this title, the Assistant Secretary shall reserve from the appli-
cable apportionment (including any applicable reapportionment)
available therefor the amount fixed for such application.
(b) The Assistant Secretary shall pay to the applicant such reserved
amount, in advance or by way of reimbursement, and in such install-
ments consistent with established practice, as he may determine.
(c) (1) If a local educational agency in a State is prohibited by law
from providing for the participation of children and staff enrolled
or employed in private nonprofit elementary and secondary schools as
required by paragraph (12) of section 710(a), the Assistant Secre-
tary may waive such requirement with respect to local educational
agencies in such State arid, upon the approval of an application from
a local educational agency within such State, shall arrange for the
provision of services to such children enrolled in, or teachers or other
educational staff of, any nonprofit private elementary or secondary
school located within the school district of such agency if the partici-
pation of such children and staff would assist in achieving the purpose
of this title stated in section 702(b) or in the case of an application
under section 708 (c) would assist in meeting the needs described in
that subsection. The services to be provided through arrangements
made by the Assistant Secretary under this paragraph shall be com-
parable to the services to be provided by such local educational agency
under such application. The Assistant Secretary shall pay the cost of
such arrangements from such State's allotment or, in the case of an
application under section 708 (c), from the funds reserved under sec-
tion 704(b) (2) (A), or in case of an application under section 708(a),
from the sums available to the Assistant Secretary under section
704(b) (2) for the purpose of that subsection.
(2) In determining the amount to be paid pursuant to paragraph
(1), the Assistant Secretary shall take into account the number of
children and teachers and other educational staff who, except for
provisions of State law, might~ reasonably be expected to participate
in the program carried out under this title by such local educational
agency.
(3) If the Assistant Secretary determines that a local educational
agency has substantially failed to provide for the participation on
an equitable basis of children and staff enrolled or employed in private
nonprofit elementary and secondary schools as required by paragraph
(12) of section 710 (a) he shall arrange for the provision of services
to children enrolled in, or teachers or other educational staff of, the
nonprofit private elementary or secondary school or schools located
within the school district of such local educational agency, which serv-
ices shall, to the maximum extent feasible, be identical with the serv-
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ices which would have been provided such children or staff had the
local educational agency carried out such assurance. The Assistant
Secretary shall pay the cost of such services from the grant to such
local educational agency and shall have the authority for this purpose
of recovering from such agency any funds paid to it under such grant.
(d) After making a grant or contract under this title., the Assistant
Secretary shall notify the appropriate State educational agency of the
name of the approved applicant and of the amount approved.
(20 U.S.C. 1611) Enacted June 23, 1972, P.L. 92-318, sec. 712. 86 Stat. 366. 367.
* EVALUATIONS
SEC. 713. The Assistant Secretary is authorized to reserve not in
excess of 1 per centum of the sums appropriated under this title, and
reserved pursuant to section 704(b) (2), for any fiscal year for the pur-
poses of this section. From such reservation, the Assistant Secretary is
authorized to make grants to, and contracts with, State educational
agencies, institutions of higher education and private organizations,
institutions, and agencies, including committees established pursuant
to section 710(a) (2) for the purpose of evaluating specific programs
and projects assisted under this title.
(20. U.S.C. 1612) Enacted June 23, 1972, P.L. 92-318, sec. 713, 86 Stat. 367.
REPORTS
SEc. 714. The Assistant Secretary shall make periodic detailed
reports concerning his activities in connection with the program
authorized by this title andthe program carried out with appropria-
*tions under the paragraph headed "Emergency -School Assistance" in
the Office of Education Appropriations Act, 1971 (Public Law 91-
380), and the effectiveness of programs and projects assisted under this
title in achieving the purpose of this title stated in section 702(b).
Such reports shall contain such information as may be necessary to per-
mit adequate evaluation~ of the program authorized by this title, and
shall include application forms, regulations, program guides, and
guidelines used in the administration-of the program. The report shall
be: submitted to the President and to the Committee on Labor and
Public Welfare:of the Senate and the Committee on Education and
Labor of the House of Representatives. The first report submitted pur-
suant to this section shall be submitted no later than ninety days after
the--enactment of this title. Subsequently reports shall be submitted no
less often than two times annually.
* (20 TLS.C. 1613) Enacted June 23, 1972, P.L. 92-318, sec. 714, 86 Stat. 368.
JOINT FE~NDING
SEC. 715. Pursuant to regulations prescribed by the President, where
funds are advanced under this title, and by one or more other Federal
agencies for any project or activity funded- in whole or in part under
this title, any one of such Federal agencies may be designated to act
for all in administering the funds advanced. In such cases, any such
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agency may waive any technical grant or contract requirement (as
defined by regulations) which is inconsistent with the similar require-
ments of the administering agency or which the administering agency
does not impose. Nothing in this section shall be construed to author-
ize (1) the use of any funds appropriated under this title for any pur-
pose not authorized herein, (2) a variance of any reservation or ap-
portionment under section 704 or 705, or (3) waiver of any require-
ment set forth in sections 706 through 711.
(20 U.S.C. 1614) Enacted June 23, 1972, P.L. 92-318, sec. 715, 86 Stat. 368.
NATIONAL ADVISORY COUNCIL
SEC. 716. (a) There is hereby established a National Advisory Coun-
cil on Equality of Educational Opportunity, consisting of fifteen mem-
bers, at least one-half of whom shall be representative of minority
groups, appointed by the President, which shall-
(1) advise the Assistant Secretary with respect to the operation
of the program authorized by this title, including the preparation
of regulations and the development of criteria for the approval of
applications;
(2) review the operation of the program (A) with respect to its
effectiveness in achieving its purpose as stated in section 702(b),
and (B) with respect to the Assistant Secretary's conduct in the
administration of the program;
(3) meet not less than four times in the period during which the
program is authorized, and submit through the Secretary, to the
Congress at least two interim reports, which reports shall include
a statement of its activities and of any recommendations it may
have with respect to the operation of the program; and
(4) not later than December 1, 1973, submit to the Congress
a final report on the operation of the program.
(b) The Assistant Secretary shall submit an estimate in the same
manner provided under section 400 (c) and part D of the General
Education Provisions Act to the Congress for the appropriations nec-
essary for the Council created by subsection (a) to carry out its func-
tions. Subject to section 448(b) of the General Education Provisions
Act, such Council shall continue to exist until July 1, 1975.
(20 U.S.C. 1615) Enacted June 23, 1972. P.L. 92-318, sec. 716, 86 Stat. 368,
amended August 21, 1974, P.L. 93-380, sec. 845(e), 88 Stat. 612.
GENERAL PROVISIONS
SEC. 717. (a) The provisions of parts C and P of the General Edu-
cation Provisions Act shall apply to the program of Federal assistance
authorized under this title as if such program were an applicable
program under such General Education Provisions Act, and the
Assistant Secretary shall have the authority vested in the Commis-
sioner of Education by such parts with respect to such program.
(b) Section 422 of such General Education Provisions Act is
amended by inserting "the Emergency School Aid Act ;" after "the
International Education Act of 1966 ;".
(20 U.S.C. 1616) Enacte~1 June 23, 1972, Pb. 92-318, sec. 717, 86 Stat. 369.
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ATTORNEY FEES
SEc. 718. Upon the entry of a final order by a court of the United
States against a local educational agency, a State (or any agency
thereof), or the United States (or any agency thereof), for failure to
comply with any provision of this title or for discrimination on the
basis of race, color, or national origin in violation of title VI of the
Civil Rights Act of 1964, or the fourteenth amendment to the Con-
stitution of the United States as they pertain to elementary and sec-
ondary education, the court, in its discretion, upon a flndingthat the
proceedings were necessary to bring about compliance, may allow
the prevailing party, other than the United States, a reasonable at-
torney's fee as part of the costs.
(20 U.S.C. 1617) Enacted June 23, 1972, P.L. 92-318, sec. 717, 86 Stat. 369.
NEIGHBORHOOD SCHOOLS
SEC. 719. Nothing in this title shall be construed as requiring any
local educational agency which assigns students to schools on the
basis of geographic attendance areas drawn on a racially nondis-
criminatory basis to adopt any other method of student assignment.
(20 U.S.C. 1618) Enacted June 23, 1972, P.L. 92-318, see. 719, 86 Stat. 369.
DEFINITIONS
SEC. 720. Except as otherwise specified, the following definitions
shall apply to the terms used in this title:
(1) The term "Assistant Secretary" nieans the Assistant Secretary
of Health, Education, and Welf are for Education.
(2) The term "current expenditure per pupil" for a local educa-
tional agency means (1) the expenditures for free public education,
including expenditures for administration, instruction, attendance
and health services, pupil transportation services, operation and main-
tenance of plant, fixed charges, and net expenditures to cover deficits
for food services and student body activities, but not including expen-
ditures for community services, capital outlay and debt service, or any
expenditure made from funds granted under such Federal program
of assistance as the Secretary may prescribe, divided by (2) the num-
ber of children in average daily attendance t.o whom such agency
provided free public education during the year for which the computa-
tion is made.
(3) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(4) The term "equipment" includes machinery, utilities and built-in
equipment and any necessary enclosures or structures to house them.
and includes all other items necessary for the provision of educational
services, such as instructional equipment and necessary furniture,
printed, published, and audiovisual instructional materials, and other
related material.
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(5) The term "institution of higher education" means an educa-
tional institution in any State which-
(A) admits as regular students only individuals having a cer-
tificate of graduation from a high school, or the recognized equiv-
alent of such a certificate;
(B) is legally authorized within such State to provide a pro-
gram of education beyond high school;
(C) provides an educational program for which it awards a
bachelor's degree; or provides not less than a two-year program
which is acceptable for full credit toward such a degree, or offers a
two-year program in engineering, mathematics, or the physical or
biological sciences which is designed to prepare the student to
work as a technician and at a semiprofessional level in engineer-
ing, scientific, or other technological fields which require the
understanding and application of basic engineering, scientific, or
mathematical principles or knowledge;
(D) is a public or other nonprofit institution; and
(E) is accredited by a nationally recognized accrediting agency
or association listed by the Commissioner for the purposes of this
paragraph.
(6) For the purpose of section 706(a) (2) and section 709(a) (1), the
term "integrated school" means a school with an enrollment in which a
substantial proportion of the children is from educationally advan-
taged backgrounds, in which the proportion of minority group children
is at least 50 per centum of the proportion of minority group children
enrolled in all schools of the local educational agencies within the
Standard Metropolitan Statistical Area, and which has a faculty and
administrative staff with substantial representation of minority group
persons.
(7) For the purpose of section 706(a) (1) (E), the term "integrated
school" means a school with (i) an enrollment in which a substantial
proportion of the children is from educationally advantaged back-
grounds, and in which the Assistant Secretary determines that the
number of nonminority group children constitutes that proportion
of the enrollment which will achieve stability, in no event more than 65
per centum thereof, and (ii) a faculty which is representative of the
minority group and nonminority group population of the larger
community in which it is located, or, wherever the Assistant Secretary
determines that the local educational agency concerned is attempting
to increase the proportions of minority group teachers, supervisors,
and administrators in its employ, a faculty which is representative
of the minority group and nonminority group faculty employed by
the local educational agency.
(8) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, public elementary or
secondary schools in a city, county, township, school district, or other
political subdivision of a State, or a federally recognized Indian reser-
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vation, or such combination of school districts, or counties as are
recognized in a State as an administrative agency for its public ele-
mentary or secondary schools, or a combination of local educational
agencies; and includes any other public institution or agency having
administrative control and direction of a public elementary or sec-
ondary school and where responsibility for the control and direction
of the activities in such schools which are to be assisted under this title
is vested in an agency subordinate to such a board or other authority,
the Assistant Secretary may consider such subordinate agency as a
local educational agency for purpose of this title.
(9) (A) The term "minority group" refers to (i) persons who are
Negro, American Indian, Spanish-surnamed American, Portuguese,
Oriental, Alaskan natives, and Hawaiian natives and (ii) (except for
the purposes of section 705), as determined by the Assistant Secretary,
persons who are from environments in which a dominant language is
other than English and who, as a result of language barriers and cul-
tural differences, do not have an equal educational opportunity, and
(B) the term "Spanish-surnamed American" includes persons of
Mexican, Puerto Rican, Cuban, or Spanish origin or ancestry.
(10) The terms "minority group isolated school" and "minority
group isolation" in reference to a school mean a school and condition,
respectively, in which minority group children constitute more than
50 per centum of the enrollment of a school.
(11) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or associa-
tions no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(12) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law,
except that it does not include any education provided beyond grade 12.
(13) The term "Standard Metropolitan Statistical Area" means the
area in and around a city of fifty thousand inhabitants or more as
defined by the Office of Management and Budget.
(14) The term "State" means one of the fifty States or the District
of Columbia, and for purposes of section 708(a), Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands shall be deemed to be States.
(15) The term "State educational agency" means the State board
*of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated by the
Governor or by State law for this purpose.
(20 U.S.C. 1619) Enacted June 23, 1972, P.L. 92-318, sec. 720, 86 Stat. 369-371;
amended August 21, 1974, P.L. 93-380, sec. 643(d), 88 Stat. ~87.
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EDUCATION AMENDMENTS OF 1974
(P.L. 93-380)
* * * * * * *
TITLE VIII-MISCELLANEOTJS PROVISIONS1
PART A-POLICY STATEMENTS AND WHITE HOUSE CONFERENCE ON
EDUCATION
NATIONAL POLICY WITH RESPECT TO EQUAL EDUCATIONAL OPPORTUNITY
SEC. 801. Recognizing that the Nation's economic, political, and
social security require a well-educated citizenry, the Congress (1)
reaffirms, as a matter of high priority, the Nation's goal of equal edu-
cational opportunity, and (2) declares it to be the policy of the United
States of America that every citizen is entitled to an education to meet
his or her full potential without financial barriers.
(20 U.S.C. 1221-1) Enacted August 21, 1974, P.L. 93-380, sec. 801, 88 Stat. 547.
POLICY WITH RESEPECT TO ADVANCE FUNDING OF EDUCATION PROGRAMS
SEC. 802. The Congress declares it to be the policy of the United
States to implement immediately and continually section 411 of the
General Education Provisions Act, relating to advance funding for
education programs, so as to afford responsible State, local, and Fed-
eral officers adequate notice of available Federal financial assistance
for education authorized under this and other Acts of Congress.
(20 u.s.c. 1223) Enacted August 21, 1974, P.L. 93-380, sec. 802, 88 Stat. 597.
POLICY OF THE UNITED STATES WITH RESPECT TO MUSEUMS AS
EDUCATIONAL INSTITUTIONS
SEC. 803. The Congress, recognizing-
(1) that museums serve as sources for schools in providing
education for children,
(2) that museums provide educational services of various kinds
for educational agencies and institutions and institutions of
higher education, and
(3) that the expense of the educational services provided by
museums is seldom borne by the educational agencies and insti-
tutions taking advantage of the museums' resources,
declares that it is the sense of the Congress that museums be con-
sidered educational institutions and that the cost of their educational
services be more frequently borne by educational agencies and institu-
tions benefiting from those services.
(20 U.S.C. 1221-2) Enacted August 21, 1974, P.L. 93-380, sec. 803, 88 Stat. 597.
1Tltle VIII of FL. 93-380.
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WHITE HOUSE CONFERENCE ON EDUCATION
SEC. 804. (a.) The President is authorized to call an~ conduct a
`White House Conference on Education in 1977 (hereafter in this sec-
tion referred to as the "Conference") in order to stimulate a national
assessment of the condition, needs, and goals of education and to obtain
from a group of citizens broadly representative of all aspects of edu-
cation, both public and nonpublic, a report of findings and recom-
mendations with respect to such assessment.
(b) (1) In carrying out the provisions of this section. participants
in conference.s and other activities at local. State. and Federal levels
are authorized to consider all matters relevant to the purposes of the
Conference set forth in subsection (a), but shall give special considera-
tion to the following:
(A) The implementation of the policy set forth in section 801.
(B) The means by which educational systems are financed.
(C) Preschool education (including child care and nutrition
programs), with special attention to the needs of disadvantaged
children.
(D) The adequacy of primary education in providing all chil-
dren with the fundamental skills of communication (reading,
writing, spelling, and other elements of effective oral and writ-
ten expression) and mathematics.
(E) The effectiveness of secondary education in preparing stu-
dents for careers, as well as for postsecondary education.
(F) The place of occupational education (including education
in proprietary schools) in the educational structure and the role
of vocational and technical education in assuring that the Nation's
requirements for skilled manpower are met.
(G) The structure and needs of postsecondary education, in-
cluding methods of providing adequate levels of student assistance
and institutional support.
(H) The adequacy of education at all levels in meeting the
special educational needs of such individuals as handicapped per-
sons, economically disadvantaged, racially or culturally isolated
children, those who need bilingual instruction, and gifted and
talented children.
(I) Ways of developing and implementing expanded educa-
tional opportunities for adults at the basic and secondary educa-
tion equivalency levels.
(J) The contribution of nonpublic primary and secondary edu-
cation in providing alternate educational experiences for pupils
and a variety of options for parents in guiding their children's
development.
(2) Participants in conference. activities at the State and local levels
are authorized to narrow the scope of their deliberations to the educa-
tional problems which they consider to be most critical in their respec-
tive areas, but shall be encouraged by the National Conference
Committee (established pursuant to subsection (c)) to consider such
problems in the context of the total educational structure.
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(c) (1) There is established a National Conference Committee
(hereafter in this section referred to as the "Committee"), composed
of not more than thirty-five members, fifteen of whom shall be
appointed by the President, ten of whom shall be appointed by the
President pro tempore of the Senate, and ten of whom shall be
appointed by the Speaker of the House of Representatives. The Com-
mittee shall at its first meeting select a Chairman and a Vice Chairman.
(2) (A) The Committee shall provide guidance and planning for
the Conference and shall make a final report (and such interim reports
as may be desirable) of the results, findings, and recommendations of
the Conference to the President and to the Congress not later than
December 1, 1977.
(B) The Committee is authorized to provide such assistance as may
be necessary for State and local conference activities in preparation
for the National Conference.
(3) The Commissioner shall support the activities of the Commit-
tee by providing technical assistance, advice, and consultation.
(4) Members of the Committee shall serve without compensation,
but may receive travel expenses (including per diem in lieu of subsist-
ence) as authorized by section 5703 (b) of title 5, United States Code,
for persons in the Government service employed intermittently, while
employed in the business of the Committee away from their homes or
regular places of business.
(5) The Committee is authorized to appoint, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, a Conference Director and such professional,
technical, and clerical personnel as may be necessary to assist in carry-
ing out its functions under this section.
(d) (1) From the sums appropriated pursuant to subsection (e)
the Commissioner is authorized to make a grant to each State, upon
application of the Governor thereof, in order to assist in meeting the
costs of that State's participation in the Conference program (includ-
ing the conduct of conferences at the State and local levels).
(2) Grants made pursuant to paragraph (1) shall be made only
with the approval of the Chairman of the. Committee.
(3) Funds appropriated for the purposes of this subsection shall
be apportioned among the States by the Commissioner in accordance
with their respective needs for assistance under this subsection, except
that no State shall be apportioned more than $75,000 nor less than
$25~0O0.
(e) There are authorized to be appropriated, without fiscal year
limitations, such sums as may be necessary to carry out the purposes
of this section; and sums so appropriated shall remain available for
expenditure until June 30, 1978.
(f) For the purposes of this section, the term "State" includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
(20 U.S.C. 1221-1 note) Enacted August 21, 1974, P.L. 93-380, sec. 804, 88 Stat.
597, 599.
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PART B-EDUCATIONAL STUDIEs AND SURVEYS
STUDY OF PURPOSES AND EFFECTIVENESS OF COMPENSATORY EDUCATION
PROGRAMS
SEC. 821. (a) In addition to the other authorities, responsibilities
and duties conferred upon the National Institute of Education (here-
inafter referred to as the "Institute") by section 405 of the General
Education Provisions Act and notwithstanding the. second sentence
of subsection (b) (1) of such section 405, the Institute shall undertake
* a thorough evaluation and study of compensatory education programs,
including such programs conducted by States and such programs con-
ducted under title I of the Elementary and Secondary Education Act
* of 1965. Such study shall include-
(1) an examination of the fundamental purposes of such pro-
grams, and the effectiveness of such program in attaining such
purposes;
(2) an analysis of means to identify accurately the children
who have the greatest need for such programs, in keeping with
the fundamental purposes thereof;
* (3) an analysis of the effectiveness~ of methods and procedures
for meeting the educational needs of children, including the use
* of individualized written educational plans for children, and
programs fortraining the teachers of children;
(4) an exploration of alternative methods, including the use
of procedures to assess educational disadvantage, for distributing
funds under such programs to States, to State educational agen-
cies, and to local educational agencies in an equitable and efficient
manner, which will accurately reflect current conditions and insure
that such funds reach the areas of greatest current need and are
effectively used for such areas;
(5) not more than 20 experimental programs, which shall be
reasonably geographically representative, to be administered by
the Institute, in cases where the Institute determines that such
experimental programs are necessary to carry out the purposes of
clauses (1) through (4), and the Commissioner of Education is
authorized, notwithstanding any provision of title I of the Ele-
mentary and Secondary Education Act. of 1965, at the request of
the Institute, to approve the use of grants which educational agen-
cies are eligible to. receive under such title I (in cases where the
agency eligible for such grant agrees to such use) in order to carry
out such experimental programs; and
(6) findings and recommendations, including recommendations
for changes in such title I or for new legislation, with respect to
the matters studied under clauses (1) through (5).
(b) The National Advisory Council on the Education of Disad-
vantaged Children shall advise the Institute with respect to the design
and execution of such study. The Commissioner of Education shall
obtain and transmit to the Institute such information as it shall
request with respect to programs carried on under title I of the Act.
(c) The Institute shall make an interim report to the President
and to the Congress not later than December 31, 1976, and shall make
a final report thereto no later than nine months after the date of sub-
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mission of such interim report, on the result of its study conducted
under this section. Any other provision of law, rule, or regulation to
the contrary notwithstanding, such reports shall not be submitted to
any review outside of the Institute before their transmittal to the Con-
gress, but the President and the Commissioner of Education may make
to the Congress such recommendations with respect to the contents of
the reports as each may deem appropriate.
(d) Sums made available pursuant to section 151 (i) of the Elemen-
tary and Secondary Education Act of 1965 shall bc available to carry
out the provisions of this section.
(e) (1) The Institute shall submit to the Congress, within one hun-
dred and twenty days after t.he date of the enactment of this Act, a
plan for its study to be conducted under this section. The Institute
shall have such plan delivered to both Houses on the same day and to
each House while it is in session. The Institute shall not commence
such study until the first day after the close of the first period of thirty
calendar days of continuous session of Congress after the date of the
delivery of such plan to the Congress.
(2) For purposes of paragraph (1)-
(A) continuity of session is broken only by an adjournment of
Congress sine die; and
(B) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are ex-
cluded in the computation of the thirty-day period.
(20 U.S.C. 1221e note) Enacted August 21, 1974, P.L. 93-380, sec. 821, 88 Stat.
599, 600.
SURVEY AND STUDY FOR UPDATING NUMBER OF CHILDREN COUNTED
SEC. 822. (a) The Secretary of Commerce shall, in consultation
with the Secretary of Health, Education, and Welfare, expand the
current population survey (or make such other survey) in order to
furnish current data for each State with respect to the total number
of school-age children in each State to be counted for purposes of sec-
tion 103(c) (1) (A) of title I of the Elementary and Secondary Act of
1965. Such survey shall be made, and a report of the results of such
survey shall be made jointly by the Secretary of Commerce and the
Secretary of Health, Education, and Welfare to the Congress, not
later than one year after the date of the enactment of this Act.
(b) The Secretary of Health, Education, and Welfare and the Sec-
retary of Commerce shall study the feasibility of updating the number
of children counted for purposes of section 103 (c) of title I of the Act
in school districts of local educational agencies in order to make ad-
justments in the amounts of the grants for which local educational
agencies within a State are eligible under section 103 (a) (2) of the
Act, and shall report to the Congress, no later than one year after the
date of enactment of this Act, the results of such study, which shall
include an analysis of alternative methods for making such adjust-
ments, together with the recommendations of the Secretary of Health,
Education, and Welfare and the Secretary of Commerce with respect
to which such method or methods are most promising for such purpose,
together with a study of the results of the expanded population survey,
authorized in subsection (a) (including analysis of its accuracy and
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the potential utility of data. derived therefrom) for making adjust-
ments in the amounts paid to each State under section 144(a) (1) of
title I of such Act.
(c) No method of making adjustments directed to be considered
pursuant to subsection (a) or subsection (b) shall be implemented
unless such method shall first be enacted by the Congress.
(20 U.S.C. 241c note) Enacted August 21, 1974, P.L. 93-380. sec. 822, 88 Stat.
600, 601.
STUDY OF TIlE MEASURE OF POVERTY USED UNDER TITLE I OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
SEc. 823. The Assistant Secretary shall supervise, with the full par-
ticipation of the National Institute of Education and the National
Center for Education Statistics, a thorough study of the manner in
which the relative measure of poverty for use in the financial assistance
program authorized by title I of the Elementary and Secondary Edu-
cation Act of 1965 may be more accurately and currently developed.
The study of the relative measure of poverty required by this subsec-
tion shall be adjusted for regional, climatic, metropolitan, urban, su-
burban, and rural differences and for family size and head of household
differences. The study required by this section shall consider-
(A) the availability of data more current than the decennial
census including data collected by any agency of the Federal Gov-
ernment which are relevant except that data so collected shall not
disclose the name of any individual or any other information cus-
tomarily held confidential by that agency, but shall include aggre-
gate information to the extent possible;
(B) the availability and usefulness of cost of living data;
(C) the availability and usefulness of cost of housing data;
(D) the availability and usefulness of labor market and job
availability data;
(E) the availability and usefulness of data with respect to pre-
vailing wage rates, unemployment rates, and income distribution;
and
(F) the availability of data with respect to eligibility criteria
for aid to families with dependent children under a State plan
approved under title IV of the Social Security Act.
(2) The Assistant Secretary is authorized and directed to prepare
and submit to the Congress not later than one year after the effective
date of this Act a report of the study conducted under this subsection
including recommendations with respect to the availability of data
designed to improve the relative measure of poverty for the program
of financial assistance authorized by title I of the Elementary and
Secondary Education Act of 1965. Whenever the Assistant Secretary
determines that data specified in paragraph (1) of this subsection are
not available or that it is impracticai to obtain data for each relevant
area or category, the report shall contain an explanation of the reasons
therefor.
(20 U.S.C. 241a note) Enacted August 21, 1974, P.L. 93-380. sec. 823. 88 Stat.
601.
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STUDY OF LATE FUNDING OF ELEMENTARY AND SECONDARY EDUCATION
PROGRAMS
SEc. 824. (a) The Commissioner shall make a full and complete
investigation and study to determine-
(1) the extent to which late funding of Federal programs to
assist elementary and secondary education handicaps local edu-
cational agencies in the effective planning of their education pro-
grams, and the extent to which program quality and achievement
of program objectives is adversely affected by such late funding,
and
(2) means by which, through legislative or adminstrative ac-
tion, the problem can be overcome.
(b) Not later than one year after the date of enactment of this Act,
the Commissioner shall make a report to the Congress on the study
required by subsection (a), together with such recommendations as he
may deem appropriate.
(20 U.S.C. 241a note) Enacted August 21, 1974, P.L. 03-380, sec. 824, 88 Stat.
602.
SAFE SCHOOL STUDY
SEc. 825. (a) The Secretary shall make a full and complete investi-
gation and study, including necessary research activities, during the
period beginning upon the date of enactment of this Act and ending
June 30, 1976, to determine-
(1) the frequency, seriousness, and incidence of crime in ele-
mentary and secondary schools in the States;
(2) the number and location of schools affected by crime;
(3) the per-pupil average incidence of crimes in elementary
and secondary schools in urban, suburban, and rural schools
located in all regions of the United States;
(4) the cost of replacement and repair of facilities, books, sup-
plies, equipment, and other tangible objects seriously damaged or
destroyed as the result of crime in such schools; and
(5) the means by which crimes are attempted to be prevented
in such schools and the means by which crimes may more effec-
tively be prevented in such schools.
(b) Within thirty days after the date of the enactment of this Act,
the Secretary shall request each State educational agency to take the
steps necessary to establish and maintain appropriate records to facili-
tate the compilation of information under clauses (2) and (3) of sub-
section (a) and to submit such information to him no later than seven
months after the date of enactment of this Act. In conducting this
study, the Secretary shall utilize data and other information available
as a result of any other studies which are relevant to the objectives of
this section.
(c) Not later than December 1, 1976, the Secretary shall prepare
and submit to the Congress a report on the study required by this sec-
tion, together with such recommendations as he may deem appropriate.
In such report, all information required under each paragraph of
subsection (a) of this section shall be stated separately and be appro-
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priately labeled, and shall be separately stated for elementary and
secondary schools, as defined in sections 801 (c) and (d) of the Ele-
meiitary and Secondary Education Act of 1965.
(d) The Secretary may reimburse each State educational agency
for the amount of expenses incurred by it in meeting the requests of
the Secretary under this section.
(e) There are authorized to be appropriated such sums as may he
necessary to carry out the purposes of this section.
(20 US.C. 241a note) Enacted August 21, 1974, P.L. 93-380, sec. 825, 88 Stat.
602.
STUDY OF ATHLETIC INJURIES
SEC. 82g. (a) The Secretary shall make a full and complete inves-
tigation and study to determine-
(1) the number of athletic injuries to, and deaths of male and
female students occurring in athletic competition between schools,
in any practice session for such competition, and in any other
school-rated athletic activities for the twelve-month period
beginning sixty days after the date of enactment of this Act;
(2) the number of athletic injuries and deaths occurring (for
the twelve-month period under clause (1) at each school with an
athletic trainer or other medical or health professional personnel
trained to prevent or treat such injuries and at each sciiool with-
out such personnel.
(b) Within fifty days after the date of enactment of this Act. the
Secretary shall request each school to maintain appropriate records to
enable it to compile information under subsection (a) and shall request
such school to submit such information to the Secretary immediately
after the twelve-month period beginning sixty days after the date of
enactment of this Act. Not later than eighteen months after t.he date
of enactment of this Act, the Secretary shall make a report to the Con-
gress on the study required by subsection (a), together with such
recommendations as he may deem appropriate. In such report, all
information required under each paragraph of subsection (a.) shall be
stated separately for the two groups of schools under clauses (1) and
(2) of subsection (c), except that the information shall also be stated
separately (and shall be excluded from the group under clause (2))
for institutions of higher education which provide either of the two-
year programs described in section 801 (E) (3) of the Elementary and
Secondary Education Act of 1965.
(c) For the purposes of this section, the term "school" means (1)
any secondary school or (2) any institution of higher educationS as
defined in section 801 of the Elementary and Secondary Education
Act of 1965.
(d) There is authorized to be appropriat.ed the sum of $Th,000 to
carry out the provisions of this section.
(20 U.S.C. 241a note) Enacted August 21, 1974, P.L. 93-380, sec. 826, 88 Stat.
603.
* * * * * * *
ASSISTANCE TO STATES FOR STATE EQUALIZATION PLANS
SEC. 842. (a) (1) Any State desiring to develop a plan for a. program
of financial assistance to local educational agencies in that State to
assist such agencies in the provision of free public education may, upon
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application therefor, he reimbursed for the development or admin-
istration of such a plan in accordance with the provisions of this
section. Each plan developed pursuant to, or which meets the require-
ments of, this section shall be submitted to the Commissioner not later
than July 1, 1977, and shall, subject to the provisions of this section,
be consistent with the guidelines developed pursuant to paragraph
(3). Such plan shall be designed to implement a program of State
aid for free public education-
(A) which is consistent with such standards as may be required
by the fourteenth article of amendment to the Constitution; and
(B) the primary purpose of which is to achieve equality of
educational opportunity for all children in attendance at the
schools of the local educational agencies of the State.
(2) The Commissioner shall develop guidelines defining the prin-
ciples set forth in clauses (A) and (B) of paragraph (1). Not later
than April 1, 1975, the Commissioner shall publish such guidelines
in the Federal Register and submit such guidelines to the President of
the Senate and the Speaker of the House of Representatives.
(3) During the sixty-day period following such publication, the
Commissioner shall provide interested parties with an opportunity
to present views and make recommendations with respect to such guide-
lines. Not later than July 1, 1975, the Commissioner shall (A)
republish such guidelines in the Federal Register, together with any
amendments thereto as may be merited and (B) publish in the Federal
Register a summary of the views and recommendations presented by
interested parties under the preceding sentence, together with
the comments of the Commissioner respecting such views and
recommendations.
(4) (A) The guidelines published in accordance with paragraph
(3), together with any amendments, shall, not later than July 1, 1975,
be submitted to the President of the Senate and the Speaker of the
House of Representatives. If either the Senate or the House of Rep-
resentatives adopts, prior to December 1, 1975, a resolution of
disapproval of such guidelines, the Commissioner shall, prior to
December 15, 1975, publish new guidelines. Such new guidelines shall
take into consideration such views and policies as may be made in
connection with such resolution and shall become effective thirty days
after such publication.
(B) A resolution of disapproval under this paragraph may be in
the form of a resolution of either the Senate or the House of Repre-
sentatives or such resolution may be in the form of a concurrent res-
olution of both Houses. If such a resolution of disapproval is in the
form of a concurrent resolution, the new guidelines published in
accordance with the second sentence of subparagraph (A) of this para-
graph shall be consistent with such policies as may be established by
such concurrent resolution.
(C) If each of the Houses adopts a separate resolution with respect
to guidelines submitted in accordance with this paragraph for any
year and in connection therewith makes policy statements which differ
substantially, then such differences may be resolved by the adoption
of a concurrent resolution by both Houses. Any such concurrent resolu-
tion shall be deemed to be adopted in accordance with subparagraph
44-078 0 - 75 - 13
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(b) Any State developing a plan pursuant to this sect.ion may reject
any guidelines developed and published under subsection (a) of this
section if such State, as a provision of its plan, states the reasons for
each such rejection.
(c) (1) Each State that develops a plan under this section shall be
reimbursed for the reasonable amounts expended by the State in the
development or administration of such a plan based upon the ratio
of the population of that State to the population of all States except
that no State shall receive less than $100,000 and no State shall receive
more than $1,000,000.
(2) For the purposes of this section the term "State" means the
fifty States.
(20 U.S.C. 246) Enacted August 21, 1974. P.L. 93-380. sec. 842. 88 Stat. 610,
611.
PUBLIC LAW 874, 81ST CONGRESS
TITLE I-FINANCIAL ASSISTANCE FOR LOCAL EDUCA-
TION AGENCIES IN AREAS AFFECTED BY FEDERAL
ACTIVITY
DECLARATION OF POLICY
SECTION 1. In recognition of the responsibility of the United States
for the impact which certain Federal activities have on the local edu-
cational agencies in the areas in which such activities are carried on.
the Congress hereby declares it to be the policy of the United States
to provide financial assistance (as set forth in the following sections
of this title) for those local educational agencies upon which the
United States has placed financial burdens by reason of the fact
that-
(1) the revenues available to such agencies from local sources
have been reduced as the result of the acquisition of real property
by the United States; or
(2) such agencies provide education for children residing on
Federal property; or
(3) such agencies provide education for children whose parents
are employed on Federal property; or
(4) there has been a sudden and substantial increase in school
attendance as the result of Federal activities.1
(20 TJ.S.C. 236) Enacted Sept. 30, 1950, 0. 1124, P.L. 874. 81st Cong. sec. 1,
64 Stat. 1100; amended April 11, 1965, P.L. 89-10, Title I. sec. 2. 79 Stat. 27.
FEDERAL ACQtTISITION OF REAL PROPERTY
SEC. 2. (a) Where the Commissioner. after consultation with any
local educational agency and with the appropriate State educational
agency. determines for any fiscal year ending prior to July 1. 1978-
(1) that the United States owns Federal property in the school
district of such local educational agency, and that such property
(A) has been acquired by the United States since 1938. (B) was
1 Sec. 2 of P.L. 92-277, enacted April 24. 1972. provides as follows:
"Sac. 2. All real property of the United States which was transferred to the United
States Postal Servloe and was, prior to such transfer. treated as Federal property for
purposes of the Act of September 30, 1950 (Public Law 874. EIghty-first Congress). shall
continue to be treated as Federal property for such purpose for two years beyond the
end of the fiscal year In which such transfer occurred."
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not acquired by exchange for other Federal property in the school
district which the United States owned before 1939, and (C) had
an assessed value (determined as of the time or times when so
acquired) aggregating 10 per centum or more of the assessed
value of all real property in the school district (similarly deter-
mined as of the time or times when such Federal property was
so acquired); and
(2) that such acquisition has placed a substantial and con-
tinuing financial burden on such agency; and
(3) that such agency is not being substantially compensated for
the loss in revenue resulting from such acquisition by increases
in revenue accruing to the agency from the carrying on of Federal
activities with respect to the property so acquired,
then the local educational agency shall be entitled to receive for such
fiscal year such amount as, in the judgment of the Commissioner, is
equal to the continuing Federal responsibility for the additional finan-
cial burden with respect to current expenditures placed on such agency
by such acquisition of property. Such amount shall not exceed the
amount which, in the judgment of the Commissioner, such agency
would have derived in such year, and would have had available for
current expenditures, from the property acquired by the United States
(such amount to be determined without regard to any improvements
or other changes made in or on such property since such acquisition).
(b) For the purposes of this section any real property with respect
to which payments are being made under section 13 of the Tennessee
Valley Authority Act of 1933, as amended, shall not be regarded as
Federal property.
(c) Where the school district of any local educational agency shall
have been formed at any time after 1938 by the consolidation of two
or more former school districts, such agency may elect (at the time it
files application under section 5) for any fiscal year to have (1) the
eligibility of such local educational agency, and (2) the amount which
such agency shall be entitled to receive, determined under this section
only with respect to such of the former school districts comprising
such consolidated school district as the agency shall designate in such
election.
(20 U.S.C. 237) Enacted Sept. 30, 1950, C. 1124, P.L. 874, 81st Cong., Title I, sec.
2, 64 Stat. 1101; amended Aug. 8, 1953, C. 402, P.L. 248, 83d Cong., sec. 1, 67 Stat.
530; amended Aug. 12, 1955, C. 868, P.L. 382, 84th Cong., sec. 1, 69 Stat. 713;
amended Aug. 3, 1956, C. 915, P.L. 949, 84th Cong., Title II, sec. 201, 70 Stat.
970; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 201, 72 Stat. 559; amended
Oct. 3, 1961, P.L. 87-344, Title I, sec. 102(a), 75 Stat. 759: amended Dec. 18,
1963, P.L. 88-210, Title III, sec. 302, formerly sec. 32, 77 Stat. 419; amended
Oct. 16, 1964, P.L. 88-665. Title XI, sec. 1102(a), 78 Stat. 1109; amended
April 11, 1965, P.L. 89-10, Title I, secs. 2, 5, 79 Stat. 27, 36; amended Jan. 2,
1968, P.L. 90-247, Title II, III, sees. 204(a)-(c) 301(e), 81 Stat. 808, 813;
redesignated Oct. 16, 1968, P.L. 90-576, Title I, sec. 101 (a) (1), 82 Stat. 1064;
amended Apr. 13, 1970, P.L. 91-230, Title II, sec. 201(b), 84 Stat. 154; amended
August 21, 1974, P.L. 93-380, sec. 303 (a) (1), 88 Stat. 522.
CHILDREN RESIDING ON, OR WHOSE PARENTS ARE EMPLOYED ON
FEDERAL PROPERTY
CHILDREN OF PERSONS WHO RESIDE AND WORK ON FEDERAL PROPERTY
SEC. 3. (a) For the purpose of computing the amount to which a
local educational agency is entitled under this section for any fiscal
PAGENO="0196"
186
year, the Commissioner shall determine the number of children who
were in average daily attendance at the schools of such agency, and
for whom such agency provided free public education. during such
fiscal year, and who, while in attendance at such schools. resided on
Federal property and (1) did so with a parent employed on Federal
property situated in whole or in part in the same State as the school
district of such agency or situated within reasonable commuting
distance from the school district of such agency, or (4) had a parent
who was on active duty in the uniformed services (as defined in
section 102 of the Career Compensation Act of 1949).
CHILDREN OF PERSONS WHO RESIDE OR WORK ON FEDERAL PROPERTY
(b) For the purpose of computing the amount. to which a local
educational agency is entitled under this section for any fiscal year
ending prior to July 1, 1975, the Commissioner shall also determine
the number of children (other than children to whom subsection (a)
applies) who were in average daily attendance at the schools of a
local educational agency, and for whom such agency provided free
public education, during such fiscal year a.nd who, while in attendance
at such schools, either (1) resided on Federal property, or (2) resided.
with a parent employed on Federal property situated in whole or in
part in the same State as such agency or situated within reasonable
commuting distance from the school district of such agency. or (3)
had a parent who was on active duty in the uniformed services (as
defined in section 102 of the Career Compensation Act of 1949). In
the case of fiscal years ending prior to July 1, 1975, the Commissioner
shall also determine the number of children (other than children to
whom subsection (a) or any other provision of this subsection applies)
who were in average daily attendance at the schools of a local educa-
tional agency and for whom such agency provided free public educa-
tion, during such fiscal year, and who, while in attendance at such
schools resided with a parent who was, at any time during the three-
year period immediately preceding the fiscal year for which the de-
termination is made, a refugee who meets the requirements of section
2~(b) (3) (A) and (B) of the Migration and Refugee Assistance Act
of 1962.
(c) (1) The amount to which a local educational agency is entitled
under this section for any fiscal year shall be an amount equal to (A)
the local contribution rate (determined under subsection (d)) multi-
plied by (B) the sum of the number of children determined under
subsection (a) and one-half of the number determined under sub-
section (b).
(2) No local educational agency shall be entitled to receive any
payment for a fiscal year with respect to a number of children deter-
mined under subsection (a) or the first sentence of subsection (b). as
the case may be. unless the number of children who were in average
daily attendance during such year to whom such subsection or such
sentence applies-
(A) is ten or more; and
(B) amount to, whichever is the lesser. four hundred such
children, or a number of such children equal to 3 per centum or
more of the total number of children who were in average daily
ftttendance during such year and for whom such agency pro-
PAGENO="0197"
187
vided free public education, except that such 3 per centum re-
quirement need not be met by such agency for any period of two
fiscal years which follows a fiscal year during which such agency
met such requirement and was entitled to payment under the
provisions of this section, but the payment, under the provisions
of this section to such agency for the second fiscal year of any
such two-year period during which such requirement is not met,
shall be reduced by 50 per centum of the amount thereof.
For the purposes of this paragraph, a local educational agency may
count as children determined under the first sentence of subsection
(b) any number of children determined under subsection (a). Not-
withstanding the provisions of clause (B) of this paragraph, the
Commissioner may waive the 3 per centum condition of entitlement
contained in such clause whenever, in his judgment, exceptional cir-
cumstances exist which would make the application of such condi-
tion inequitable and would defeat the purpose of this title.
(3) No local educational agency shall be entitled to receive any pay-
ment for a fiscal year with respect to a number of children determined
under the second sentence of subsection (b) unless the number of chil-
dren who were in average daily attendance to whom such sentence
applies amounts to 20 per centum or more of the number of children
who were in average daily attendance during such year and for whom
such agency provided free public education, but in determining the
number of such children under such second sentence no child shall
be counted with respect to whose education a payment was made
under section 2(b) (4) of the Migration and Refugee Assistance Act
of 1962.
(4) If-
(A) the amount computed under paragraph (1) for a local
educational agency for any fiscal year, together with the funds
available to such agency from State, local, and other Federal
sources (including funds available under section 4 of this title,
but excluding funds available under title II) is, in the judgment
of the Commissioner, less than the amount necessary to enable
such agency to provide a level of education equivalent to that
maintained in the school districts of the State which, in the judg-
ment of the Commissioner, are generally comparable to the school
district of such agency;
(B) such agency is, in the judgment of the Commissioner,
making a reasonable tax effort and exercising due diligence in
availing itself of State and other financial assistance;
(C) not less than 50 per centum of the total number of children
who were in average daily atendance at the schools of such
agency, and for whom such agency provided free public educa-
cation, during such fiscal year resided on Federal property; and
(ID) the eligibility of such agency under State law for State aid
with respect to the free public education of children residing on
Federal property, and the amount of such aid, is determined on a
basis no less favorable to such agency than the basis used in deter-
mining the eligibility of local educational agencies for State aid,
and the amount thereof, with respect to the free public education
of other children in the State;
the Commissioner may increase the amount computed under para-
graph (1) to the extent necessary to enable such agency to provide
PAGENO="0198"
188
a level of education equivalent to that maintained in such comparable
school districts; except that this paragraph shall in no case operate
to increase the amount computed for any fiscal year under paragraph
(1) for a local educational agency above the amount determined by
the Commissioner to be the cost per pupil of providing a level of ed-
ucation equivalent to that maintained in such comparable school dis-
tricts, multiplied by the number of children who were in average daily
attendance at the schools of such agency, and for whom such agency
provided free public education, during such year, and who resided on
Federal property during such year, minus the amount of State aid
which the Commissioner determines to be available with respect to
such children for the year for which the computation is being made.
(5) The determinations whether a local educational agency has met
the requirements for eligibility under paragraphs (2) (B) and (4) (C)
of this subsection for any fiscal year shall be made on the basis of
estimates by the Commissioner made prior to the close of such year,
except that an underestimate made by the Commissioner pursuant. to
the foregoing provisions of this sentence shall not operate to deprive
an agency of its entitlement to any payments under this section to
which it would be entitled had the estimate been accurate.
(d) The local contribution rate for a local educational agency
(other than a local educational agency in Puerto Rico, Wake Island,
Guam, American Samoa, or the Virgin Islands, or in a State in whicl~
a substantial proportion of the land is in unorganized territory for
which a State agency is the local educational agency, or in a. State in
which there is only one local educational agency) for any fiscal year
shall be computed by the Commissioner of Education, after consulta-
tion with the State educational agency and the local educational
agency, in the following manner:
(1) he shall determine which school districts within the State
are in his judgment generally comparable to the school districts
of the agency for which the computation is being made; and
(2) he shall then divide (A) the aggregate current expend-
itures, during the second fiscal year preceding the fiscal year for
which he is making the computation, which the local educational
agencies of such comparable school districts made from revenues
derived from local sources, by (B) the aggregate number of chil-
dren in average daily attendance to whom such agencies provided
free public education during sucl1 second preceding fiscal year.
The local contribution rate shall be an a.mount equal to the quotient
obtained under clause (2) of this subsection. If, in the. judgment of the
Commissioner, the current expenditures in those school districts which
he has selected under clause (1) are not reasonably comparable bec.ause
of unusual geographical factors which affect the current expenditures
necessary to maintain, in the school district of the local educational
agency for which the computation is being made, a level of education
equivalent to that maintained in such other districts, the Commissioner
may increase the local contribution rate for such agency by such amount
a.s he determines will compensate such agency for the increase in
current expenditures necessitated by such unusual geographical fac-
tors. In no event shall the local contribution rate for any local educa-
tional agency in any State (other than Puerto Rico. Wake Island,
Guam, American Samoa, or the Virgin Islands) for any fiscal year be
PAGENO="0199"
189
less than (i) 50 per centum of the average per pupil expenditures in
such State or (ii) 50 per centum of the average per pupil expenditure
in the United States (which for purposes of this sentence and the next
sentence means the fifty States and the District of Columbia), but not
to exceed the average per pupil expenditure in the State: Provided,
That if, for the fiscal year ending June 30, 1959, the application of
clause (ii) of this sentence results in a lower local contribution rate
than resulted from the application of such clause during the fiscal year
ending June 30, 1958, as such clause was then in effect, then such clause,
as in effect during the fiscal year ending June 30, 1958, shall be in effect
during the fiscal year ending June 30, 1959. For the purposes of the
preceding sentence the "average per pupil expenditure" in a State,
or in the United States, shall be the aggregate current expenditures,
during the second fiscal year preceding the fiscal year for which the
computation is made, of all local educational agencies in the State,
or in the United States, as the case may be, plus any direct current
expenditures by the States for the operation of such agencies (without
regard to the sources of funds from which either of such expenditures
are made), divided by the aggregate number of children in average
daily attendance to whom such agencies provided free public educa-
tion during such preceding fiscal year. The local contribution rate for
any local educational agency in Puerto Rico, Wake Island, Guam,
American Samoa, or the Virgin Islands, or in any State in which a
substantial proportion of the land is in unorganized territory for
which a State agency is the local educational agency, or in any State in
which there is only one local educational agency, shall be determined
for any fiscal year by the Commissioner in accordance with policies
and principles which will, in his judgment, best effectuate the purposes
of this title and most nearly approximate the policies and principles
provided herein for determining local contribution rates in other
States.
ADJTJSTMENT FOR CERTAIN DECREASES IN FEDERAL ACTIVITIES
(e) Whenever the Commissioner determines that-
(1) a local educational agency has made preparations to pro-
vide during a fiscal year free public education for a certain num-
ber of children to whom subsection (a) or (b) applies;
(2) such preparations were in his judgment reasonable in the
light of the information available to such agency at the time such
preparations were made; and
(3) such number has been substantially reduced by reason of
a decrease in or cessation of Federal activities or by reason of
a failure of any of such activities to occur,
the amount to which such agency is otherwise entitled under this sec-
tion for such year shall be increased to the amount to which, in the
judgment of the Commissioner, such agency would have been entitled
but for such decrease in or cessation of Federal activities or the failure
of such activities to occur, minus any reduction in current expendi-
tures for such year which the Commissioner determines that such
agency has effected, or reasonably should have effected, by reason of
such decrease in or cessation of Federal activities or the failure of such
activities t~p occur. Such order of priority shall provide that appli-
PAGENO="0200"
100
cations for payments based upon increases in the number of children
residing on, or residing with a parent employed on, property which
is part of a low-rent housing project assisted under the United States
Housing Act of 1937 shall not be approved for any fiscal year until
all other applications under paragraphs (2) and (3) of subsection (a)
of section 5 have been approved for that fiscal year.
(f) Notwithstanding any other provisions of title I of this Act
(including the provisions of section 5(c)), a local educational agency
with respect to which the number of children determined for any
fiscal year under subsection (a) amounts to at least 25 per centum
of the total number of children who were in average daily attendance
at the schools of such agency during such fiscal year and for whom
such agency provided free public education, shall receive an amount
equal to 100 per centum of the amounts to which such agency would
be otherwise entitled under subsection (a) of this section.
(N0TE.-Seetiofl 3 Is amended to read as follows with respect to appropriations
for fiscal years beginning on and after July 1, 1975.)
CHILDREN RESiDING ON, OR WHOSE PARENTS ARE EMPLOYED OS. FEDERAL
PROPERTY
Children of Persons Who Reside and Work on Federal Property 1
SEc. 3. (a) Few the purpose of computing the amount to which a
local educational agency is entitted under this section for any fiscal
year, the Comnuisisoner shall determIne the number of children who
were in average daily attendance at the schools of such agency, and
Section 305(b) (2) (A) of P.L. 93-380 provides as follows:
(2) (A) (1) Notwithstanding any other provision of law unless enacted in express limita-
tion of this subparagraph-
"(I) in the case of any local educational agency which is entitled to a payment under
section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) for
the fiscal year ending June 30, 1973, which constituted an amount equal to not less than
10 per centum of the current expenditures of such agency for such fiscal year. the amount
paid to such agency pursuant to such Act of September 30, 1950, for any fiscal year
beginning after June 30, 1974, and ending prior to July 1, 1978, on the basis of the
entitlement of that agency under such section 3, shall not be less than 90 per centum of
the amount paid to such agency on the basis of such entitlement for the preceding fiscal
year; and
"(II) in the case of any other local educationai agency, the amount so paid during any
fiscal year beginning after June 30, 1974, and ending prior to July 1. 1978, shall not be
less than 80 per centum of the amount so paid for the preceding fiscal year."
In the case of any local educational agency which Is eligible prior to July 1. 1975, for
a payment under section 3 of the Act of September 30, 1950 (PublIc Law 874, Eighty-first
Congress) by reason of the 3 per centum requirement In clause (B) of section 3(c) (2) of
such Act, as in effect prior to the effective date of the amendment made by paragraph (1)
of subsection (a), but which fails to meet such requirement In any fiscal year ending prior
to July 1, 1977, such agency shall continue to be eligible for a payment under such section
3 as then In effect for the two succeeding fiscal years. but the payment under such section
during the second of such succeeding fiscal years shall not exceed 50 per centum of the
amount of the payment such agency was entitled to receive during the most recent fiscal
year in which It was so eligible by reason of such clause (B).
(ii) Funds appropriated for any fiscal year for making payments to local educational
agencies pursuant to the Act of September 30, 1950 (Public Law 874, Eighty-first Con-
gress), which are increased by reason of the provision; of division (1) shall. to the extent
of any such increase, be separate from funds ~.ppropria~ed for such fiscal year for payments
pursuant to title I of such Act which are not so increased. If. for any fiscal year, a law
making appropriations for payments pursuant to such title I is enacted and such law
makes no express provision for payments increased by division (I)-
"(I) all funds so appropriated shall be allocated and paid in accordance with section 5
of such Act of September 30, 19d0, and without regard for the provisions of division (I)
and
"(II) not later than fifteen days after the enactment of such law, the Commissioner
shall submit a report to the Committees on Appropriations and on Education and Labor
of the House of Representatives and the Committees on Appropriations and Labor and
Public Welfare of the Senate which report shall contain a statement detailinr the dollar
amounts necessary to satisfy the requirements of division (i) and constitute a budget
PAGENO="0201"
191
for whom such agency provided free public education, during such
fiscal year, and who, while in attendance at such schools, resided on
Federal property and-
(1) did so with a parent employed on Federal property sit-
uated (A) in whole or in part in the county in which the school
district of such agency is located, or (B) if not in such county,
in whole or in part in the same State as the school district of
such agency; or
(~) had a parent who was on active duty in the uniformed
servwes (as defined in section 101 of title 37, United States Code).
estimate within the meaning of Section 201(a) (5) of the Act of June 10, 1921 (31 U.S.C.
11(a) (5) )."
(B) In the case of any local educational agency which experiences a decrease in the
number of children determined by the Commissioner of Education under section 3 of the
Act of September 30, 1950 (Public Law 874, Eighty-first Congress) of 10 per centum or
more of such number-
"(1) During the fiscal year endIng June 30, 1974, or the fiscal year ending June 30,
1975; or
"(ii) During the period beginning July 1, 1973, and ending June 30 1975."
As the result of a decrease In, or cessation of, Federal activities afreeting military
installations in the United States announced after April 10, 1973, the amount of the
payment to which such agency shall be entitled under title I of such Act, as computed
under section 3 of such Act, for any fiscal year ending prior to July 1, 1978, shall not be
less than 90 per centum of the amount to which the agency was so entitled during the
preceding fiscal year. The provisions of this subparagraph shall be effective on and after
July 1, 1974, and with respect to appropriations for the fiscal year ending June 30, 1975
and succeeding fiscal years, and such provisions shall be deemed to have been enacted
before the beginning of the fiscal year ending Jiine 30. 1975. Nothing in this sub8aragraph
shall be construed to decrease the amount of the payment to which any local e ucational
agency Is entitled for any fiscal year on *the basis of entitlements created under section
3 of such Act of September 30, 1950.
(C) During the fiscal year in which the amendments made by subsection (a) are effective
and each of the succeeding fiscal years ending prior to July 1, 1978, the Commissioner shall
determine with respect to each local educational agency in any State the number of
children who were in average daily attendance at the schools of such agency, and for
whom such agency provided free public education, during such fiscal year, and who,
while in attendance at such schools resided with a parent employed on Federal property
in a State or in a county other than the State or county as the case may be, in which the
school district of such agency is located but which is s'ltuated within a reasonable com-
muting distance from the school district of such agency. If the number of children deter-
mined under the preceding sentence is equal to at least 10 per centum of the total number of
children determined with respect to such agency for such fiscal year under section 3(b)
of the Act of September 30, 1950 (PublIc Law 874, EIghty-first Congress), the amount to
which such agency shall be entitled with respect to a number of chilaren determined under
such section 3(b) for such fiscal year, shall not be less than 90 per centum of the `amount
which such agency received with respect to the number of children so determined during
the preceding fiscal year, as computed under section 3 of such Act.
(D) (I) The Commissioner shall determine for each fiscal year beginning after June 30,
1975, and ending prior to July 1, 1978, the amount which each local educational agency
would be paid for that fiscal year under section 3 of the Act of September 30, 1950
(Public Law 874, EIghty-first Congress) If the amount appropriated had been allocated
as provided in section 5(c) of such Act without regard for entitlements (or portions
thereof) which are attributable to determinations under subsections (a) and (b) of such
section of the number of children who resided on, or resided with a parent employed on,
property which is part of a low-rent housing project described in section 403(1) (C). The
Commissioner shall then determine the amount which each local educational agency is to
be paid for that fiscal year under such section 3 and allocated in accordance with such
section 5(c). If the amount determined with respect to any local educational agency
under the first sentence of this division is greater than the amount determined with
respect to the second sentence of this division, the Commissioner shall pay to that agency
an amount equal to the difference between the amounts so determined.
(ii) Funds appropriated for any fiscal year for making payments pursuant to the third
sentence of division (1) shall be separate from funds appropriated or such fiscal year for
making payments pursuant to section ~ of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress). If, for any fiscal year, a law making appropriations for pay-
ments pursuant to such section 5 is enacted, and such law makes no express provision
for payments pursuant to such third sentence-
"(I) all funds so appropriated shall be allocated and paid in accordance with such
section 5, without regard for such third sentence; and
"(II) not later than fifteen days after the enactment of such law the Commissioner
shall submit a report to the Committees on Appropriations an.d on E~Iucation and Labor
of the House of Representatives and the Committees on Appropriations and Labor and
PublIc Welfare of the Senate which report shall contain a statement detailing the dollar
amounts necessary to make ~he payments required under such third sentence and shall,
with respect to such dollar amounts, constitute a budget estimate within the meaning of
section 201 (a) (5) of the Act of June 10, 1921 (31 U.S.C. 11(a) (5))."
PAGENO="0202"
192
In making a determination under clause (2) of the preceding sen-
tence with respect to a local educational agency for any fiscal year,
the Commissioner shall include the uber of children who were in
average daily attendance at the sc/i ools of such agency, and for whom~
such agency provided free public education. during such year~ and
who, while in attendance at such schools, resided on Inc/ian lands.
as described in clciuse (A) of section 41.23(1).
Children of Persons TVho Reside or Work on. Federal Property
(b) For the purpose of computing the amount to which a local
educational agenay is entitled under this section for ctn.y fiscal year
ending prior to July 1, 1978, the Com?n.iissioner shall, in addition to any
determination made with respect to sue/i agency under subsection
(a), determine the number of children (other than children with
respect to whom a determination is made for such fiscal year under
subsection (a)) who were in average c/ally attendance at the schools
of such agency, and for whom such agency pi~ov ic/ed free public edn'ea-
tion, during such fiscal year and who. while in attendance at such.
schools, either-
(1) resided on Federal property. or
(2) resided with a parent employed on Federal property situ-
ated (A) in whole or in part in the county in which. the school
district of such agency is located, or (B) if not in such. county. in
whole or in part in the same State as the school district of such
agency, or
(3) had a parent who was on active duty in. the uniformed
services (as c/c fined in section 101 of title 37. United States Code).
For such purpose, with respect to a local educational agency. in the
ease of any fiscal year ending prior to July 1. 1978. the Commissioner
shall also determine the number of children (other thai~ children, to
whom subsection (a) or the preceding sentence applies) who were in
average daily attendance at the schools of such agency and for wham
such agency provided free public education. during such. fiscal year.
and who, while in attendance at such schools resided with. a parent who
was, at any time during the three-year period immeclicr.teiy preceding
the beginning of the fiscal year for which the determination is made,
a refugee who meets the requirements of clauses (A) and (B) of sec-
tion 2(b) (3) of the Migration and Refugee Assistance Act of 1962,
except that the Commissioner shall not incluc/e in. his determination
under this sentence for any fiscal year any child with. respect to whose
education a payment was mac/c under section. 2 (b) (4) of such. Act.
Eligibility for Payments
(c) (1) Except as is provided in paragraph. (2). no local educa-
tional agency shall be entitled to receive a pa.ymen t for any fiscal year
with respect to a number of children determined under subsection. (ci)
and subsection (b), unless the number of children so determined with.
respect to such agency amounts to-
PAGENO="0203"
193
(A) at least four hundred such children; or
(B) a number of such children which equals at least 3 per
centum of the total number of children who were in average daily
attendance, during such year, at the schools of such agency and
for whom such agency provided free public education;
whichever is the lesser.
(2) (A) (i) Clause (B) of paragraph (1) shall not operate to make
any local educational agency eligible for a payment under this section
for any fiscal year witless the number of children with respect to whom
determination was made under subsectio'ns (it) and (b) respecting
such, agency for that fiscal year is at least ten.
(ii) If a local educational agency is eligible for a payment for
any fiscal year by the operation of clause (B) of varagraph (1), it
shall continue to be so eligible for the two succeeding fiscal years even
if such agency fails to meet the requirement of such clause (B) dur-
ivg such succeeding fiscal years, except that the number of children
determined for the second such succeeding fiscal year with respect to
such agency for the purpose of any clause in paragraph (1) of sub-
section (d) shall not exceed 50 per centum of the number of children
determined with respect to such agency for the purpose of that clause
for the last fiscal year during which such agency was so eligible.
(iii) If the Commissioner determines with respect to any local
educational agency for any fiscal year that-
(I) such agency does not meet the requirement of clause (B)
of paragraph (1) , and
(II) the application of such requirement, because of excep-
tional circumetances, would defeat the purposes of this title;
the Commissioner is authorised to waive such requirement with respect
to such agency.
(B) No local educational agency shall be entitled to receive a pay-
ment for any fiscal year with respect to a number of children deter-
mined under the second sentence of subsection (b) unless the number of
children so determined corstitutes at least 20 per centum of the total
number of children who were in average daily attendance at the
schools of such agency and for whom such agency, during such fiscal
year, provided free public education.
Amount of Payments
(d) (1) Except as is provided in paragraph (2), the amount to
which a local educational agency shall be entitled under this section
for any fiscal year shall be-
(A) in the case of any local educational agency with respect
to which the number of children determined for such fiscal year
under subsection (a) amounts to at least 925 per centum of the
total number of children who were to average daily attendance at
the schools of such agency during such fiscal year and for whom
such agency provided free vublic education, an amount equal to
100 per centucim of the local contribution rate multiplied by the
PAGENO="0204"
194
number of children determined under such subsection plus the
sum of the products obtained `with respect to such agency under
clauses (B) (iii), (B) (iv), (B) (v); and
(B) in any other case, an amount equal to the sum of-
(i) the product obtained by multiplying 100 per centum
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (2) of subsection (a),
(ii) the product obtained by multiplying .90 per centum ot
the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (1) of subsection (a),
(iii) the product obtained by multiplying .50 per centuin
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (3) of subsection (b).
(iv) the product obtained by multiplying 4.5 per centum.
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clauses (1) and (2) (A) of subsection (b). and
(v) the product obtained by multiplying 40 per centum. of
the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (2) (B) of subsection (b).
(2) (A) Not later than December 1 during each fiscal year begin.-
ning after June 30, 1977, the Commissioner shall, except as is provided
in clause (iii) in the third sentence of this subparagraph, determine
the total number of children with respect to whom. determinations are
made under subsection (b) for all local educational agencies ~naA~ing
application for payments under this section which. meet the eligibility
requirements set forth in subsection (c). The Commissioner shall cle-
temnine the percentage which such number constitutes of the total
number of children who were in average daily attendance at the
schools of such agencies during such fiscal year ct:nd for whom. such
agencies provided free public education. In calculating the products
under clauses (B) (iii), (B) (iv), and (B) (v), of paragraph (1). with.
respect to any local educational agency for any fiscal year, the Cons-
missioner shall reduce the number of children with respect to whom.
a determination is made under subsection (b) by a number equal to
one-half of the number which the percentage determined under the
preceding sentence constitutes of the total number of children with
respect to whom such determination is made and who were in aver-
age daily attendance at the schools of such agency during such fiscal
year and for whom such agency provided free public education., except
that-
(i) such percentage shall not exceed 4 per centuns;
(ii) the number reduced shall not exceed three hundred; and
(iii) this subparagraph shall not apply to any local educational
agency (I) with respect to which the number of children deter-
mined under subsection (b) for any fiscal year amounts to at least
10 per centum of the total number of children who were in aver-
age daily attendance at the schools of such age~wy ci~ring such
PAGENO="0205"
195
fiscal year and for whom such agency provided free public edu-
cation, or (II) during any fiscal year in which such agency re-
ceives more than 25 per centum of the funds for its current
expenditures from payments under this section.
In determining the total number of children who were in average
daily attendance at the schools of an agency during any fiscal year
under clause (iii) (I) in the preceding sentence, the number of chil-
dren in such schools with respect to whom a determination is made
under subsection (a) for such year shall not be considered.
(B) If the Commissioner determines that-
(i) the amount computed under paragraph (1), as is otherwise
provided in this subsection with respect to any local educational
agency for any fiscal year, together with the funds available to
such agency from State and local sources and from other sections
of this title, is less than the amount necessary to' enable such
agency to provide a level of education equivalent to that main-
tained in the school districts of the State which are generally com-
parable to the school district of such agency;
(ii) such agency is making a reasonable tax effort and exer-
cising due diligence in availing itself of State and other financial
assistance;
(iii) not less than 50 per centum of the total number of chil-
dren who were in average daily attendance at the schools of such
agency during such fiscal year and for whom such agency pro-
vided free public education were, during such fiscal year, deter-
mined under either subsection (a) or clause (1) of subsection (b),
or both; and
(iv) the eligibility of such agency under State law for State
aid with respect to free public education of children residing on
Federal property, and the amount of such aid, are determined on
a basis no less favorable to such agency than the basis used in
determining the eligibility of local educational agencies for State
aid, and the amount thereof, with respect to the free public educa-
tion of other children in the State;
the Commissioner is authorised, to increase the amount computed
under paragraph (1) with respect to such agency for such fiscal year
to the extent necessary to enable such agency to provide a level of edu-
cation equivalent to that maintained in such comparable school dis-
tricts. The Commissioner shall not, under, the preceding sentence,
increase the amount computed eider paragraph (1) with respect to
any local educational agency for any fiscal year to an amount which
exceeds the product of-
(I) the amount the Commissioner determines to be the cost
per pupil of providing a level of edu~cation maintained in such
comparable school districts during such fiscal year,
multiplied by-
(II) the number of children determined with respect to such
agency for such year under either subsection (a) or clause (1) of
subsection (b), or both,
minus the amount of State aid which the Commissioner determines to
be available with respect to such children for the fiscal year for which
the computation is being made.
PAGENO="0206"
196
(C) (i) The amount of the entitlement of any local educational
agency under this section for any fiscal year with respect to handi-
capped children and children with specific learning disabilities for
whom a determination is made under subsection (a) (~) or (b) (3)
and for whom such local educational agency is providing a program.
designed to meet the special educational and related needs of such
children shall be the amount determine'~7 under paragraph (1) with
respect to such children for such fiscal year multiplied by 150 per
centun'&.
(ii) For the purposes of division (i) programs designed to meet
the special educational and related needs of such children shall be
consistent with criteria established under division. (iii).
(iii) The Commissioner shall by regulation establish criteria for
assuring that programs (including preschool programs) provided by
local educational agencies for children with respect to whom. this
sub paragraph applies are of sufficient sise, scope, and quality (taking
into consideration the special educational needs of such. children) as
to give reasonable promise of substantial progress toward meeting
those needs, and in the implementation of such regulations the Com~-
missioner shall consult with persons in ch dirge of specicti education
programs for handicapped children, in the educational agency of the
State in which such local educational age~i cy is located.
(iv) For the purpose of this subparagraph the term. "handicapped
children" has the same meaning as specified in section 602(1) of the
Education of the Handicapped Act and the term "children with
specific learning disabilities" has the same meaning as specified in
section 60~(15) of such Act.
(3) (A) Except as is provided in subparagraph. (B). in. order to
compute the local contribution rate for a local educational agency
for any fiscal year, the Commissioner, after consulting with. the State
educational agency of the State in which the local educational agency
is located and wit/i the local educational agency. shall dletermine
which school districts within such State are generally comparable to
the school district of the local educational agency for which the corn-
putation is being made. The local contribution, rate for such agency
shall be the quotient of-
(i) the aggregate current expenditures. during the second fiscal
year preceding the fiscal year for which the computation. is made,
~which the local educational agencies of such. comparable school
districts derived from local sources.
divided by-
(ii~ the aqgre gate number of children in. average daily attend-
ance for whom such agency providied free public cdl ucatton. during
such second preceding fiscal year.
(B) (i) The local contribution rate for a local educational agency
in. any State shall not be less than-
(I) 50 per centum of the average per pupil expenditure in
such State, or
(II) 50 per centum of such. expendiitures in all the States.
whichever is greater, except that clause (II) shall not operate in such.
a manner as to make th.e local contribution. rate for an?,' local educa.-
tional aqencu in an.~,' State exceed an amount equal to the average per
pupil expenditure in such State.
PAGENO="0207"
197
(ii) If the current expenditures in those school districts which the
Commissioner has determined to be generally comparable to the school
district of the local educational agency for `which a computation is
made under subparagraph (A) are not reasonably comparable because
of unusual geographical factors which affect the current expenditures
necessary to maintain, in the school district of such agency, a level
of education equivalent to that maintained in such other school dis-
tricts, the Commissioner is authorised to increase the local contribu-
tion rate for such agency by such an amount which he determines will
compensate such agen~'y for the increase in current expenditures
necessitated by such unusual geographical factors.
(iii) The local contribution rate for any local educational agency
?fl-
(I) Puerto Rico, Wake Island, Guam, American Samoa, or the
Virgin Islands, or
(II) any State in which a substantial proportion of the land
is in unorganised territory, or
(III) any State in which there is only one local education
agency.
shall be determined for any fiscal year by the Commissioner in accord-
ance with policies and principles which will best achieve the purposes
of this section and which are consistent with the policies and principles
provided in this paragraph for determining local contribution rates in
States where it is possible to determine generally comparable school
districts.
(C) For the purposes of this paragraph-
(i) the term "State" does not include Puerto Rico, Wake Island,
Guam, American Samoa, or the Virgin Islands; and
(ii') the "average per pupil expenditure" in a State shall be
(I) the aggregate current expenditures, during the second fiscal
year vrecedinq the fiscal year for which the computation is made
of all local educational aqencies in the State. divided by (II) the
aggregate number of children in average daily attendance for
whom such aqencies provide free public education during such
second preceding fiscal year.
Adjustments for Decreases in Federal Activities
(e) Whenever the (lommissioner determines that-
(1) for any fiscal year, the number of children determined
`with respect to any local educational agency under subsections (a')
and (b) is less than 90 per centum of the number so determined
with resvect to such agency during the preceding fiscal year;
(~) there has been a decrease or cessation of Federal activities
within the State in which such aqency is located: and
(3) such decrease or cessation has resulted in a substantial
decrease in the number of children determined under subsections
(a) and (b) with respect to such aqeney for such fiscal year;
the amoun.t to which such aaency is entitled for such fiscal year and
for any of the three succeedina fiscal years shall not be 7ess than 90
~er centum of the amount to which such acency was so entitled for the
preceding fiscal year. That part of any entitlement of any local educa-
PAGENO="0208"
198
tional agency which is in excess of the amount which such entitlement
would be without the operation of the preceding sentence shall be
deemed to be attributable to determinations of children with respect to
such agency under subsection (b) (~) (A).
Determinations on the Basis of Estimates
(f) Determinations with respect to a number of children by the
Comimissioner under this section for any fiscal year shall be made~
whenever actual satisfactory data are not available, on the basis of
estimates. No such determination shall operate% because of an under-
estimate, to deprive any local edvcational agency of its entitlement
to any payment (or the amount thereof) under this section to which
such agency would be entitled had such determination been made on
the basis of accurate data.
(20 U.S.C. 238) Enacted Sept. 30, 1950, c. 1124, P.L. 874, 81st Cong.. Title I,
sec. 3, 64 Stat. 1102; amended Aug. 8, 1953, C. 402, P.L. 248, 83d Cong., sec. 2. 67
Stat. 530; amended Aug. 12, 1955, c. 868, P.L. 382, 84th Cong.. sec. 1. 69 Stat. 713;
amended Aug. 1, 1956, c. 852, P.L. 896, 84th Cong., sec. 10, 70 Stat. 909; amended
Aug. 3, 1956, c. 915, P.L. 949, 84th Cong., Title II, sees. 202-206, 70 Stat. 970, 971;
amended Aug. 12, 1958, P.L. 85-620, Title II, see., 202, 72 Stat. 559; amended June
25, 1959, P.L. 86-70 sec. 18(d) (1)-(3), 73 Stat. 144; amended July 12, 1960,
P.L. 86-624, sec. 14(d) (1)-(3), 74 Stat. 414; amended Oct. 3. 1961. P.L. 87-344,
Title I, sec. 102(a), 75 Stat. 759; amended Dec. 18, 1963, P.L. 88-210, Title III,
sec. 302, formerly sec. 32, 77 Stat. 419; amended Oct. 16. 1904. P.L. SS-6f35. Title
XI, sec. 1102(a), 78 Stat. 1109; amended April 11. 1965. P.L. 89-10 Title I. sees. 2.
3(a), 4(d) (2), 5, 79 Stat. 27, 34-36; amended Nov. 1.1965, P.L. 89-313. sec. 4(a),
79 Stat. 1161; amended Nov. 3, 1966, P.L. 89-750, Title II. sec. 201, 80 Stat. 1210;
amended Jan. 2, 1968, P.L. 90-247. Titles II, III, sees. 204(d). 205 (a). 206. 301(e),
81 Stat. 808, 809, 813; redesignated Oct. 16, 1968, P.L. 90-576, Thie I. sec. 101(a)
(1), 82 Stat. 1064, amended April 13, 1970, P.L. 91-230, Title II, sees. 201(b), 202,
84 Stat. 154, 155; amended August 21, 1974, P.L. 93-380, sec. 304, 88 Stat. 522;
rewritten August 21, 1974, P.L. 93-380, sec. 305 (a) (1), 88 Stat. 523, 529.
SUDDEN AND SUBSTANTIAL INCREASES IX ATTENDANCE
INCREASES HEREAFTER OCC~RRIXG
SEc. 4. (a) If the Commissioner determines for any fiscal year
ending prior to July 1. 1978-
(1) that.. as a direct result of activities of the United States
(carried on either directly or through a contractor), an increase
in the number of children in average daily attendance at the
schools of any local educational agency has occurred in such
fiscal year, which increase so resulting from activities of the
United States is equal to at least 5 per centum of the difference
between the number of children in average daily attendance at
the schools of such agency during the preceding fiscal year and
the number of such children whose attendance cTiiriiig such year
resulted from activities of the United States (inchicling children
who resided on Federal property or with a parent employed on
Federal property);
(2) that such activities of the Tjnitecl States have placed on
such agency a substantial and continuing financial burden; and
(3) that such agency is making a reasonable tax effort. and is
exercising due diligence in availing itself of State and other finan-
PAGENO="0209"
199
cial assistance but is unable to secure sufficient funds to meet the
increased educational costs involved,
then such agency shall be entitled to receive for such fiscal year an
amount equal to the product of--
(A) the number of children which the Commissioner deter-
mines to be the increase, so resulting from activities of the United
States, in such year in average daily attendance; and
(B) the amount which the Coinmissionlr determines to be the
current expenditures per child necessary to provide free public
education to such additional children during such year, minus
the amount which the Commissioner determines to be available
from State, local, and Federal sources for such purpose (not
counting as available, for such purpose either payments under
this Act or funds from local sources necessary to provide free
public education to other children).
For the next fiscal year (except where the determination under the
preceding sentence has been made with respect to the fiscal year ending
June 30, 1968) such agency shall be entitled to receive 50 per centum
of such product reduced by the amount of such product which is attrib-
utable to children with respect to whom such agency is, or upon ap-
plication would be, entitled to receive any payment under section 3 for
such fiscal year, but not to exceed for such year the amount which the
Commissioner determines to be necessary to enable such agency, with
the State, local, and other Federal funds (exclusive of funds available
under title II) available to it for such purpose, to provide a level of
education equivalent to that maintained in the school districts in such
State which in his judgment are generally comparable to the school dis-
trict of such agency. The determinations whether an increase has oc-
curred for purposes of clause (1) hereof `and whether such increase
meets the 5 per centum requirement contained in such clause, for any
fiscal year, shall be made on the basis of estimates by the Commis-
sioner made prior to the close of such year, except that an underesti-
mate made by the Commissioner pursuant to the foregoing provisions
of this sentence shall not operate to deprive an agency of its entitle-
ments to any payments under this section to which it would be entitled
had the estimate been accurate. The determination under clause (B)
shall be made by the Commissioner after considering the current ex-
penditures per child in providing free public education in those school
districts in the State which, in the judgment of the Commissioner, are
generally comparable to the school district of the local educational
agency for which the computation is being made.
INCREASES HERETOFORE OCCU1~RING
(b) (Subsection 4(b) has been executed.)
COUNTING OF CERTAIN CHILDREN
(c) In determining under subsection (a) whether there has been an
increase in attendance in any fiscal year directly resulting from ac-
tivities of the United States and the number of children with respect
to whom payment is to be made for any fiscal year, the Commissioner
shall not count-
44-078 0 - 75 - 14
PAGENO="0210"
200
(A) children with respect to whom a local educational agency
is, or upon application would be. entitled to receive any payment
under section 3 for such fiscal year: Provided, That the Commis-
sioner shall count for such purposes as an increase directly result-
ing from activities of the United States, an increase in the number
of children who reside on Federal property or reside with a parent
employed on Federal property, if the local educational agency
files, in accordance with regulations of the Commissioner, its
election that such increase be counted for such purposes instead
of for the purposes of section 3; and
(B) children whose attendance is attributable to activities of
the United States carried on in connection with real property
which has been excluded from the definition of Federal property
by the last sentence of paragraph (1) of section 403.
ADJUSTMENT FOR CERTAIN DECREASES IN FEDERAL ACTIVITIES
(d) Whenever the Commissioner determines that-
(1) a local educational agency has made preparations to pro-
vide during a fiscal year free public education for a~ certain number
of children to whom subsection (a) applies;
(~) such preparations were in his judgment reasonable in the
light of the information available to such agency at the time such
* preparations were made; and
(3) such number has been substantially reduced by reason of a
decrease in or cessation of Federal activities or by reason of a
failure of any of such activities to occur.
the amount to which such agency is otherwise entitled under this
section for such year shall be increased to the amount to which, in the
judgment of the Commissioner, such agency would have been entitled
but for such decrease in or cessation of Federal activities or the failure
of such activities to occur, minus any reduction in current expenditures
for such year which the Commissioner determines that such agency
has effected, or reasonably should have effected. by reason of such de-
crease in or cessation of Federal activities or the failure of such activ-
ities to occur.
CONSULTATION WITH STATE AND LOCAL A1JTHORITIES
(e) All determinations of the Commissioner under this section shall
he made only after consultation with the State educational agency and
the local educational agency.
(20 11.5.0. 239) Enacted Sept. 30, 1950, 0. 1124, P.L. 874, 81st Cong.. Title I. see.
4, 64 Stat. 1104; amended Aug. 8, 1953, C. 402, P.L. 248. 83d Cong., sees. 3-5. 67
Stat. 552; amended Aug. 12, 1955, c. 868, P.L. 382. 84th Cong.. sees. 1. 2. 69 Stat.
713; amended Aug. 3, 1956, C. 915, P.L. 896, 84th Cong.. Title II. sees. 207. 208. 70
Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II. see. 203. 72 Stat. 560:
amended Oct. 3, 1961, P.L. 87-344. Title I, see. 102(a). 75 Stat. 759: amended
Dec. 18, 1963, P.L. 88-210, Title III, sec. 302, formerly sec. 32, 77 Stat. 419:
amended Oct. 16, 1964, P.L. 88-665, Title XI, sec. 102(a). 78 Stat. 1109: amended
April 11. 1965, P.L. 89-10, Title I, sees. 3(b), 5. 79 Stat. 34. 36; amended Jan. 2.
1968, P.L. 90-247, Title III, see. 301(e), 81 Stat. 813, redesignated Oct. 16. 1968,
P.L. 90-576, Title I, sec. 101 (a) (1), 82 Stat. 1064, amended April 13. 1970. P.L.
91-230. Title II, sec. 201(b), 84 Stat. 154; amended August 21, 1974, P.L. 93-380,
sec. 303(a) (2), 88 Stat. 522.
PAGENO="0211"
201
METHOD OF MAKING PAYMENTS 1
APPLICATION
SEC. 5. (a) (1) No local education agency shall be entitled to any
payment under section 2, 3, or 4 of this title for any fiscal year except
upon application therefor, submitted through the State educational
agency and filed in accordance with regulations of the Commissioner,
which application gives adequate assurance that the local educational
agency will submit such reports as the Commissioner may reasonably
require to determine the amount to which such agency is entitled under
this title.
(2) (A) Applications for payment on the basis of children deter-
mined under section 3(a) or 3(b) who reside, or reside with a parent
employed, on Indian lands shall set forth adequate assurance that
Indian children will participate on an equitable basis in the school
program of the local educational agency.
(B) For the purposes of this paragraph, Indian lands means that
property included within the definition of Federal property under
clause (A) of section 403(1) ~2
PAYMENT
(b) The Commissioner shall, subject to the provisions of subsection
(c), from time to time pay to each local educational agency, in ad-
vance or otherwise, the amount which he estimates such agency is
entitled to receive under this title. Such estimates shall take into
account the extent (if any) to which any previous estimate of the
amount to be paid such agency under this title (whether or not in the
same fiscal year) was greater or less than the amount which should
have been paid to it. Such payments shall be made through the dis-
bursing facilities of the Department of the Treasury and prior to
audit or settlement by the General Accounting Office. Sums appro-
priated pursuant to this title for any fiscal year shall remain available,
for obligation and payments with respect to amounts due local edu-
cational agencies under this title for such year, until the close of the
following fiscal year.
AD,JUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS
(c) (1) If the funds appropriated for any fiscal year for making
payments under this title are not sufficient to pay in full the total
amounts which the Commissioner estimates all local educational agen-
1 For the purposes of section 5 of the Act of September 23, 1950, the number of
children in the membership of a local educational agency residing in a low-rent housing
project assisted under the United States Housing Act of 1937 during the years of the
base period preceding the effective date provided in paragraph (1) shall be determined
by the Commissioner on the basis of estimates. Paragraph (1) provides that the effective
date for amendments made by P.L. 91-~31, sec. 203(a) (6) is after June 30, 1970.
2 Section 411 (c) (2) of P.L. 92--318 provides as follows:
"(2) (A) The Commissioner shall exercise his authority under section 425 of the General
Education Provisions Act, to encourage local parental participation with respect to
financial assistance under title I of Public Law 874, 81st Congress, based upon children
who reside on. or reside with a parent employed on. Indian lands.
"(B) For the purposes of this paragraph, the term "Indian lands" means that property
included within the definition of Federal property under clause (A) of section 403(1)
of Public Law 874. 81st Congress."
PAGENO="0212"
202
cies will be entitled to receive under this title for such year, the Corn-
nussioner (A) shall determine the part of the entitlement of each such
local educational agency which is attributable to determinations under
subsections (a) and (b) of section 3 of the number of children who
resided on, or resided with a parent employed on, property which is
part of a low-rent housing project assisted under the United States
Housing Act of 1937, section 516 of the Housing Act of 1949, or part
B of title III of the Economic Opportunity Act of 1964 (other than
any such property which is Federal property described in section 403
(1) (A)), and (B) except as otherwise provided in paragraph (3),
shall allocate such funds~ other than so much thereof as he estimates
may be required for carrying out the provisions of section 6. among sec-
tions 2, 3, and 4(a) in the proportion that the amount he estimates to be
required under each such section bears to the total estimated to be re-
quired under all such sections, except that he shall not take into con-
sideration any part of any entitlement determined under clause (A).
The amount so allocated to any such section shall be available for pay-
ment of a percentage of the amount to which each local educational
agency is entitled under such section. Such percentage shall be equal
to the. percentage which the amount allocated to a section under the
second sentenece of this paragraph is of the amountto which all such
agencies are entitled under such section. For the purposes of this para-
graph, in determining the amount to which each local educational
agency is entitled under section 3 he shall include any increases under
paragraph (4) of subsection (c) thereof; but he shall exclude any
part of any entitlement determined under clause (A) of this para-
graph.
(2) If the funds available for. allocation under paragraph (1) for
any fiscal year exceed the amount necessary to fully satisfy entitle-
ments for which allocations will be made under such paragraph, that
excess shall be available for payment of a percentage of that part of
the entitlement of each local educational agency determined under
clause (A) of paragraph (1). Such percentage shall be equal to the
percentage which the amount of such excess is of the total amount to
which all such agencies are so entitled.
(3) All funds appropriated formaking payments under this title
for any. fiscal year shall be allocated in the manner specified in para-
graphs (1) and (2), unless an Act making appropriations for making
payments under this title for any fiscal year specifically makes fimds
available for payments on the basis of entitlements determined under
clause (A) of paragraph (1), apart from other payments under this
title, in which case, if the funds so appropriated are not sufficient to
pay in full the total amount to which all local educational agencies are
so entitled, such funds shall be available for making payments m the
manner specified in paragraph (2) respecting allocations of any excess
appropriations.
(4) In case the amount allocated to a section imder paragraph (1)
for a fiscal year exceeds the total to which all local educational
agencies are entitled under such section for such year or. in case addi-
tional funds become available for making payments under this title,
the excess or such additional funds~ as the case may be. shall be allo-
cated among sections for which previous allocations are inadequate, on
the same basis as is provided in paragraphs (1), (2), and (3) for the
initial allocation.
PAGENO="0213"
203
ADJUSTMENTS FOR REDUCTION IN STATE AID
(d) (a) The amount which a local educational agency in any Stare is
otherwise entitled to receive under section 2, 3, or 4 for any fiscal year
shall be reduced in the same proportion (if any) that the State has
reduced for that year its aggregate expenditures (from non-Federal
sources) per pupil for current expenditure purposes for free public
education (as determined pursuant to regulations of the Cominis-
sioner) below the level of such expenditures per pupil in the second
preceding fiscal year. The Commissioner may waive or reduce this
reduction whenever in his judgment exceptional circumstances exist
which would make its application inequitable and would defea.t the
purpose of this title.
(2) No payments may be made during any fiscal year to any local
educational agency in any State which has taken into consideration
payments under this title in determining the eligibility of any local
educational agency in that State for State aid (as defined by regula-
tion), or the amount of that aid, with respect to free public education
during that year or the preceding fiscal year, or which makes such aid
available to local educational agencies in such a manner as to result
in less State aid to any local educational agency which is eligible for
payments under this title than such local educational agency would
receive if it were not so eligible.
(3) (A) Notwithstanding paragraph (2) of this subsection, if a
State has in effect a program of State aid for free public education
for any fiscal year, which is designed to equalize expenditures for
free public education among the local educational agencies of that
State, payments under this title for any fiscal year may be taken into
consideration by such State in determining the relative-
(i) financial resources available to local educational agencies
in that State; and
(ii) financial need of such agencies for the provision of free
public education for children served by such agency, provided
that a State may consider as local resources funds received under
this title only in proportion to the share that local revenues
covered under a State equalization program are of total local
revenues.
Whenever a State educational agency or local educational agency will
be adversely affected by any decision of the Commissioner pursuant
to this subsection, such agency shall be afforded notice and an oppor-
tunity for a hearing prior to the implementation of such decision.
(B) The terms "State aid" and "equalize expenditures" as used in
this subsection shall be defined by the Commissioner by regulation
after consultation with State and local educational agencies affected
provided that, the term "equalize expenditures" shall not be construed
in any manner adverse to a program of State aid for free public
education which provides for taking into consideration the additional
cost of providing free public education for particular groups or cat-
egories of pupils in meeting the special educational needs of such
children as handicapped children, economically disadvantaged, those
who need bilingual education, and gifted and talented children.1
(N0TE.-Section 5 is amended to read as follows with respect to appropriations
for years beginning on or after July 1, 1975.)
1 Section 304(c) (3) of P.L. 93-380 provides that this subsection shall be effective
only during fiscal year 1975.
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PAYMENTS
Applications
Sno. 5. (a) (1) Any local educational agency desiring to receive the payments
to which it is entitled for any fiscal year under sections 2. 3, or 4 shall submit
an application therefor through the State educational agency of the State in
which such agency is located to the Commissioner. Such applications shall be
submitted at such time, in such form, and containing such information as the
Commissioner may reasonably require to determine whether such agency is
entitled to a payment under any of such sections and the amount of such payment.
(2) (A) Applications submitted under paragraph (1) for payments on the
basis of children deteftnined under section 3(a) or 3(b) who reside, or reside
with a parent employed, on Indian lands shall set forth adequate assurance that
Indian children will participate on an equitable basis in the school program of
the local educational agency.
(B) For the purposes of this paragraph, the term `Indian lands' means that
property included within the definition of Federal property under clause (A)
of section 403(1).
Payments by the Commissioner
(b) The Commissioner shall pay to each local educational agency, making
application pursuant to subsection (a), the amount to which it is entitled under
sections 2, 3, or 4. Sums appropriated, for any fiscal year, to enable the Com-
missioner to make payments pursuant to this title shall, notwithstanding any
other provision of law unless enacted in express limitation of this subsection,
remain available for obligation and payments with respect to amounts due
local educational agencies under this title for such fiscal year. until the end of the
fiscal year succeeding the fiscal year for which such sums are appropriated.
Adjustments Where Necessitated by Appropriations
(c) If the sums appropriated for any fiscal year for making payments on
the basis of entitlements established under sections 2, 3, and 4 for that year are
not sufficient to pay in full the total amounts which the Commissioner estimates
all local educational agencies are entitled to receive under such sections for
such year, the Commissioner shall allocate such sums among local educational
agencies and make payments to such agencies as follows:
(1) He shall first allocate to each local educational agency which is
entitled to a payment under section 2 and section 3 an amount equal to
25 per centum of the amount to which it is entitled as computed under sec-
tion 2 or section 3(d), as the case may be, for the such fiscal year.
(2) From that part of such sums which remains after the allocation re-
quired by paragraph (1) for any fiscal year, he shall allocate an addi-
tional amount-
(A) to each local educational agency described in clause (A) of
section 3(d) (1) which equals 75 per centum of the amount to which
agency is entitled, as compared under section 3(d) with respect to a
determination of a number of children under section 3(a), for such
fiscal year;
(B) to each local educational agency with respect to which a num-
ber of children is determined under clause (2) of section 3(a) which
equals 65 per centum of the amount to which such agency is entitled
on the basis of determining such children, as computed under section
3(d), for such fiscal year;
(C) to each educational agency with respect to which a number of
children is determined under clause (1) of section 3(a) which equals
63 per centum of the amount to which such agency is entitled on the
basis of determining such children, as computed under section 3(d),
for such fiscal year:
(D) to each local educational agency with respect to which a number
of children is determined under clause (3) of section 3(b) which equals
35 per centum of the amount to which such agency is entitled on the
basis of determining such children, as computed under section 3(d). for
such fiscal year;
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(E) to each local educational agency with respect to which a number
of children determined under clause (1) and clause (2) (A) of section
3(b) which equals 32 per centum of the amount to which such agency
is entitled on the basis of determining such children, as computed under
section 3(d) for such fiscal year.
(F) to each local educational agency with respect to which a number
of children is determined under clause (2) (B) of section 3(b) which
equals 28 per centum of the amount to which such agency is entitled on
the basis of determining such children, as computed under section 3(d),
for such fiscal year; and
(G) to each local educational agency with respect to the amount to
which such agency is entitled under section 2 whicli equals 35 per centum
of the amount to which such agency is entitled on the basis of computa-
tions made under section 2 for such fiscal year.
(3) Any sums remaining after allocations are made pursuant to paragraph
(2) for any fiscal year shall be allocated by the Commissioner among local
educational agencies which have unsatisfied entitlements established under
sections 2, 3, and 4 in proportion to the degree to which such entitlements
are unsatisfied for that fiscal year, after allocations are made pursuant to
paragraphs (1) and (2).
No allocation may be made pursuant ta paragraph (2) or (3) and no payment
may he paid on the basis of any such allocation unless allocations are made pur-
suant to paragraph (1) and payments are made on the basis of such allocations.
No allocation may be made pursuant to any clause of paragraph (2) and no pay-
ment may be made on the basis of any such allocation unless allocations are made
pursuant to all of the clauses of such paragraph and payments are made on the
basis of such allocations.
Treatment of Payments by the States in Determining Eligibilty for, and the
Amount of, State Aid
(d) (1) Except as provided in paragraph (2), no payments may be made under
this title for any fiscal year to any local educational agency in any State (A) if
that State has taken into consideration payments under this title in determining-
(i) the eligibility of any local educational agency in that State for State
aid for free public education of children; or
(ii) the amount of such aid with respect to any such agency;
during that fiscal year or the preceding fiscal year, or (B) if such State makes
such aid available to local educational agencies in such a manner as to result in
less State aid to any local educational agency which is eligible for payments
under this title than such agency would receive if such agency were not so
eligible.
(2) (A) Notwithstanding paragraph (1) of this subsection, if a State has in
effect a program of State aid for free public education for any fiscal year, which
is designed to equalize expenditures for free public education among the local
educational agencies of that State, payments under this title for any fiscal year
may be taken into consideration by such State in determining the relative--
(i) financial resources available to local educational agencies in that State;
and
(ii) financial need of such agencies for the provision of free public educa-
tion for children served by such agency, provided that a State may consider
as local resources funds received under this title only in proportion to the
share that local revenues covered under a State equalization program are of
total local revenues.
Whenever a State educational agency or local educational agency will be ad-
versely affected by the operation of this subsection, such agency shall be afforded
notice and an opportunity for a hearing prior to the reduction or terminathn of
payments pursuant to this subsection.
(B) The terms `State aid' and `equalize expenditures' as used in this sub-
section shall be defined by the Commissioner by regulation, after consultation
with State and local educational agencies affected by this subsection, provided
that the term `equalize expenditures' shall not be construed in any manner
adverse to a program of State aid for free public education which provides for
taking into consideration the additional cost of providing free public educa-
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tion for particular groups or categories of pupils in meeting the special educa-
tional needs of such children as handicapped chuldren. economically disadvan-
taged, those who need bilingual education, and gifted and talented children.
Limitations on Payments with Respect to Children on, or Residing with a
Parent Employed on, Federal Property Described in Section 401(1) (C).
(e) (1) The Commissioner shall determine that part of the entitlement of each
local educational agency, for each fiscal year ending prior to July 1. 1978, which
is attributable to determinations under subsections (a) and (b) of section 3
of the number of children who resided on, or resided with a parent employed
on, property which is described in section 403(1) (C).
(2) No allocation or payment shall be made under paragraph (2) of sub-
section (c) with respect to that part of any entitlement of any local educa-
tional agency which is determined with respect to such agency for such year
under paragraph (1). The limitation in this paragraph shall not operate under
the last two sentences of subsection (c) to prevent allocations and payments
under such paragraph (2).
(3) The amount of the payment to any local educational agency which is
determined with respect to such agency under paragraph (1) shall be used for
special programs and projects designed to meet the special educational needs
of educationally derived children from low income families.
Use of Funds Paid with Respect to Entitlements Increased Under
Section 3(d) (2) (C)
(f) The amount of the payment to any local educational agency for any fiscal
year which is attributable to a determination of children for increased pay-
ments under subparagraph (C) of section 3(d) (2) shall be used by such agency
for special educational programs designed to meet the special educational needs
of children with respect to whom such determination is made.
(20 U.S.C. 240) Enacted Sept. 30, 1950, C. 1124, P.L. 874. 81st Cong., Title I. sec.
5, 64 Stat. 1106; amended Aug. 8, 1953, C. 402, P.L. 248, 83d Cong., sees. 6, 7, 67
Stat. 534; amended Aug. 3, 1956, C. 915, P.L. 949, 84th Cong.. Title II, sec.
209, 70 Stat. 972; amended April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat. 27;
amended Nov. 3, 1966, P.L. 89-750, Title II, sees. 202, 203, 80 Stat. 1211, 1212;
amended Oct. 16, 1968, P.L. 90-576, Title III, sec. 305(a), 82 Stat. 1097; amended
April 13, 1970, P.L. 91-230, Title II, sec. 203(c) (4), 84 Stat. 156; subsection
5(a) (2) added June 23, 1972, P.L. 92-318, sec. 411(c) (1), 86 Stat. 339; subsec-
tion 5(d) (3) added August 21, 1974, P.L. 93-380, sec. 304(c) (2), 88 Stat. 522,
523; amended August 21, 1974, P.L. 93-380, sec. 304(d) (2), 88 Stat. 523; re-
written August 21, 1974, P.L. 93-380, sec. 305 (a) (2), 88 Stat. 529. 533.
CHILDREN FOR WHOM LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION
SEC. 6. (a) In the case of children who reside on Federal property-
(1) if no tax revenues of the State or any political subdivision
thereof may be expended for the free public education of such
children; or
(2) if it is the judgment of the Commissioner, after he has
consulted with the appropriate State educational agency, that
no local educational agency is able to provide suitable free public
education for such children,
the Commissioner shall make such arrangements (other than arrange-
ments with respect to the acquisition of land, the erection of facilities,
interest, or debt service) as may be. necessary to provide free public.
education for such children. Such arrangements to provide free
public education may also be made for children of members of the
Armed Forces on active duty, if the schools in which free public edu-
cation is usually provided for such children are made unavailable to
them as a result of official action by State or local governmental au-
thority and it is the judgment of the Commissioner, after he has con-
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suited with the appropriate State educational agency, that no local
educational agency is able to provide suitable free public education
for such children. To the maximum extent practicable, the local edu-
cational agency, or the head of the Federal department or agency, with
which any arrangement is made under this section shall take such
action as may be necessary to insure that the education provided pur-
suant to such arrangement is comparable to free public education
provided for chiidreii in comparable communities in the State, or, in
the case of education provided under this section outside the conti-
nental United States, Alaska, and Hawaii, comparable to free public
education provided for children in the District of Columbia. For
the purpose of providing such comparable education, personnel may
be employed and the compensation, tenure, leave, hours of work, and
other incidents of the employment relationship may be fixed without
regard to the Civil Service Act and rules (5 U.S.C. 631 et seq.) and
the following: (1) the Classification Act of 1949, as amended (5 U.S.C.
1071 et seq.); (2) the Annual and Sick Leave Act of 1951, as amended
(5 U.S.C. 2061 et seq.); (3) the Federal Employees' Pay Act of 1945,
as amended (5 U.S.C. 901 et seq.); (4) the Veterans' Preference Act
of 1944, as amended (5 U.S.C. 851 et seq.) ; and (5) the Performance
Rating Act of 1950, as amended (5 U.S.C. 2001 et seq.). In any case
where education was being provided on January 1, 1955, or thereafter
under an arrangement made under this subsection for children residing
on an Army, Navy (including the Marine Corps), or Air Force instal-
lation, it shall be presumed, for the purposes of this subsection, that
no local educational agency is able to provide suitable free public
education for the children residing on such installation, until the Com-
missioner and the Secretary of the military department concerned
jointly determine, after consultation with the appropriate State edu-
cational agency, that a local educational agency is able to do so.
(b) In any case in which the Commissioner makes such arrange-
ments for the provision of free public education in facilities situated
on Federal property, he may also make arrangements for providing
free public educatioii in such facilities for children residing in any
area adjacent to such property with a parent who, during some portion
of the fiscal year in which such education is provided, was employed
on such property, but only if the Commissioner determines after con-
sultation with the appropriate State educational agency (1) that the
provision of such education is appropriate to carry out the purposes
of this title, (2) that no local educational agency is able to provide
suitable free public education for such children, and (3) in any case
where in the judgment of the Commissioner the need for the provision
of such education will not he temporary in duration, that the local
educational agency of the school district in which such children reside,
or the State educational agency, or both, will make reasonable tuition
payments to the Commissioner for the education of such children.
Such payments may be made either directly or through deductions
from amounts to which the local educational agency is entitled under
this title, or both, as may be agreed upon between such agency and the
Commissioner. Any amounts paid to the Commissioner by a State or
local educational agency pursuant to this section shall be covered into
the Treasury as miscellaneous receipts.
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(c) in any case in which the Commissioner makes arrangements
under this section for the provision of free~ public education in facth-
ties situated on Federal property in Puerto Rico, Wake Island, Guam,
American Samoa, or the Virgin Islands, he may also make arrange-
ments for providing free public education in such facilities for chil-
dren residing with a parent employed by the United States, but only if
the Commissioner determines after consultation with the appropriate
State educational agency (1) that the provision of such education is
appropriate to carry out the purposes of this title, and (2) that no
local educational agency is able to provide suitable free public edu-
cation for such children.
(d) The Commissioner may make an arrangement under this sec-
tion only with a local educational agency or with the head of a Federal
department or agency administering Federal property on which chil-
dren reside who are to be provided education pursuant to such ar-
rangement or, in the case of children to whom the second sentence of
subsection (a) applies, with the head of any Federal department or
agency having jurisdiction over the parents of some or all of such
children. Except where the Commissioner makes arrangements pur-
suant to the second sentence of subsection (a), arrangements may be
made under this section only for the provision of education in facili-
ties of a local educational agency or in facilities situated on Federal
property.
(e) To the maximum extent practicable, the Commissioner shall
limit the total payments made pursuant to any such arrangement for
educating children within the continental United States, Alaska, or
Hawaii, to an amount per pupil which will not exceed the per pupil
cost of free public education provided for children in comparable com-
munities in the State. The Commissioner shall limit the total pay-
ments made pursuant to any such arrangement for educating children
outside the continental United States, Alaska, or Hawaii, to an
amount per pupil which will not exceed the amount he determines to
be necessary to provide education comparable to the free public edu-
cation provided for children in the District of Columbia.
(f) If no tax revenues of a State or of any political subdivision
of the State may be expended for the free public education of chil-
dren who reside on any Federal property within the State, or if no tax
revenues of a State are allocated for the free public education of such
children, then the property on which such children reside shall not be
considered Federal property for the purposes of sections 3 and 4 of
this Act. If a local educational agency refuses for any other reason
to provide in any fiscal year free public education for children who
reside on Federal property which is within the school district of that
agency or which, in the determination of the Commissioner, would
be within that school district if it were not Federal property, there
shall be deducted from any amount to which the local educational
agency is otherwise entitled for that year under section 3 or 4 an
amount equal to (1) the amount (if any) by which the cost to the
Commissioner of providing free public education for that year for
each such child exceeds the local contribution rate of that agency for
that year, multiplied by (2) the number of such children.
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(20 U.S.C. 241) Enacted Sept. 30, 1950, C. 1124, P.L. 874, 81st Cong., sec. 6, 64
Stat. 1107; amended Aug. 8, 1953, C. 402, P.L. 248, 83d Cong., sec. 8, 67 Stat. 535;
amended Aug. 1, 1955, C. 446, P.L. 204, 84th Cong., 69 Stat. 433; amended Aug. 1,
1956, C. 852, P.L. 896, 84th Cong., sec. 10, 70 Stat. 909; amended May 6, 1960, P.L.
86-449, Title V, sec. 501, 74 Stat. 89; amended April 11, 1965, P.L. 89-10, Title I,
secs. 2, 4(d) (2), 79 Stat. 27, 35; amended July 21, 1965, P.L. 89-77, sec. 2, 79 Stat.
243; amended Nov. 3, 1966, P.L. 89-750, Title II, sec. 204, 80 Stat. 1212; subsection
(g) repealed April 13, 1970. P.L. 91-230, Title IV, sec. 401(f) (1) and superseded
by sec. 422 of P.L. 90~-247, Title IV, as amended (20 U.S.C. 1232a).
ASSISTANCE FOR CURRENT SCHOOL EXPENDITURES IN CASES OF CERTAIN
I) ISASTERS
SEc. 7. (a) In any case in which-
(1) (A) the Director of the Office of Emergency Planning
determines with respect to any local educational agency (includ-
ing for the purpose of this section any other public agency which
operates schools providing technical, vocational, or other special
education to children of elementary or secondary school age) that
such agency is located in whole or in part within an area which
after August 30, 1965, and prior to July 1, 1978, has suffered a
major disaster as the result of any flood, drought, fire, hurricane,
earthquake, storm, or other catastrophe which, in the determina-
tion of the President pursuant to section 2(a) of the Act of Sep-
tember 30, 1950 (42 U.S.C. 1855a(a)), is or threatens to be of
sufficient severity and magnitude to warrant disaster assistance by
the Federal Government; or
(B) the Commissioner determines with respect to any such
agency that public elementary or secondary school facilities of
such agency have been destroyed or seriously damaged prior to
July 1, 1978, as a result of flood, hurricane, earthquake, storm, fire,
or other catastrophe, except any such catastrophe caused by neg-
ligence or malicious action; and
(2) the Governor of the State in which such agency is located
has certified the need for disaster assistance under this section,
and has given assurance of expenditure of a reasonable amount of
the funds of the government of such State, or of any political
subdivision thereof, for the same or similar purposes with respect
to such catastrophe;
and if the Commissioner determines with respect to such agency that-
(3) ~such agency is utilizing or will utilize all State and other
financial assistance available to it for the purpose of meeting the
cost of providing free public education for the children attending
the schools of such agency, but as a result of such disaster it is
unable to obtain sufficient funds for such purpose and requires an
amount of additional assistance equal to at least $1,000 or one-half
of 1 per centum of such agency's current operating expenditures
during the fiscal year preceding the one in which such disaster
occurred, whichever is less, and
(4) in the case of any such major disaster to the extent that the
operation of private elementary and secondary schools in the
school attendance area of such local educational agency has been
disrupted or impaired by such disaster, such local educational
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agency has made provisions for the conduct of educational pro-
grams under public auspices and administration in which chil-
dren enrolled in such private elementary and secondary schools
may attend and participate: Provided, `That nothing contained in
this Act shall be construed to authorize the making of any pay-
ment under this Act for religious worship or instruction.
the Commissioner may provide to such agency the additional assist-
ance necessary to provide free public education to the children attend-
ing the schools of such agency, upon such terms and in such amounts
(subject to the provisions of this section) as the Commissioner may
consider to be in the public interest. Such additional assistance may be
provided for a period not greater than a five-fiscal-year period begin-
ning with the fiscal year in which it is determined pursuant to clause
(1) of this subsection that such agency suffered a~ disaster. The amount
so provided for any fiscal year shall not exceed the amount which the
Commissioner determines to be necessary to enable such agency, with
the State, local, and other Federal funds available to it for such pur-
pose, to provide a level of education equivalent to that maintained in
the schools of such agency prior to'the occurrence of such disaster, tak-
ing into account the additional costs reasonably necessary to carry out
the provisions of clause (4) of this subsection. The amount, if any, so
provided for the second, third, and fourth fiscal years following the
fiscal year in which it is so determined that such agency has suffered
a disaster shall not exceed 75 per centum, 50 per centum. and 25 per
centum, respectively, of the amount so provided for the first fiscal
year following such determination.
(b) In addition to and apart from the funds provided under sub-
section (a), the Commissioner is authorized to provide to such agency
an amount whichhe determines to be necessary to replace instructional
and maintenance supplies, equipment, and materials (including text-
books) destroyed or seriously damaged as a result of such disaster, to
make minor repairs, and to lease or otherwise provide (other than by
acquisition of land or erection of facilities) school and cafeteria facili-
ties needed to replace temporarily such facilities which have been made
unavailable as a result of the disaster.
(c) There is hereby authorized to be appropriated for each fiscal
year such amounts as may be necessary to carry out the provisions of
this section. Pending such appropriation, the Commissioner is author-
ized to expend (withoutregard for subsections (a) and (e) of section
3679 of the Revised Statutes (31 U.S.C. 665)) from any funds ap-
propriated to the Office `of Education and at that time available to the
Commissioner, such sums as may be necessary for providing immediate
assistance under this `section. Expenditures pursuant to the preceding
sentence shall- .
(1) be' reported by the Commissioner to the Committees on
`Appropriations and Education and Labor of the House of Rep-
resentatives and the Committees on Appropriations and Labor
and Public Welfare of th~ Senate within thirty days of the
expenditure;
`(2) be reimbursed from the appropriations authorized by the
first sentence of this subsection.
The report required to the Committees on Appropriations by clause
(1) in the preceding sentence shall constitute a budget estimate with-
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in the meaning of section 201 (a) (5) of the Act of June 10, 1921 (31
U.S.C. 11(a) (5)).
(d) No payment may be made to any local educational agency
under this section except upon application therefor which is submitted
through the appropriate State educational agency and is filed with the
Commissioner in accordance with the regulations prescribed by him.
In determining the order in which such applications shall be approved,
the Commissioner shall consider the relative educational and financial
needs of the local educational agencies which have submitted approv-
able applications. -
(e) Amounts paid by the Commissioner to local educational agencies
under this section may be paid in advance or by wa.y of reimburse-
ment and in such installments as the Commissioner may determine.
Any funds paid to a local educational agency and not expended or
otherwise used for the purposes for which paid shall be repaid to the
Treasury of the United States.
(20 U.S.C. 241-1) Enacted Nov. 1, 1965, P.L. 89-313, sec. 2, 79 Stat. 1159;
amended Jan. 2, 1968, P.L. 90-247, Title II, sec. 218, 81 Stat. 811; amended
April 13, 1970, P.L. 91-230, Title II, sec. 201(c), 84 Stat. 154; amended August 21,
1974, P.L. 93-380, sec. 303 (a) (3), 88 Stat. 522.
TITLE TI-FINANCIAL ASSISTANCE TO LOCAL EDUCA-
TIONAL AGENCIES FOR THE EDUCATION OF CHIL-
DREN OF LOW-INCOME FAMILIES
* * * * * * *
(N0TE.-This title was added by Title I of the Elementary and Secondary Edu
cation Act of 1965. and is cited as such; see page 57.)
TITLE 111-FINANCIAL ASSISTANCE TO LOCAL EDUCA-
TIONAL AGENCIES FOR THE EDUCATION OF INDIAN
CHILDREN
SHORT TITLE
SEC. 301. This title may be cited as the "Indian Elementary and
Secondary School Assistance Act."
Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 334.
DECLARATION OF POLICY
SEC. 302. (a) In recognition of the special educational needs of
Indian students in the United States, Congress hereby declares it to
be the policy of the United States to provide financial assistance to
local educational agencies to develop and carry out elementary and
secondary school programs specially designed to meet these special
educational needs.
(b) The Commissioner shall, in order to effectuate the policy set
forth in subsection (a), carry out a program of making grants to local
educational agencies which are entitled to payments under this title
and which have submitted, and had approved, applications therefor, in.
accordance with the provisions of this title.
(20 U.S.C. 241aa) Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 334.
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GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEO. 303. (a) (1) For the purpose of computing the amount. to which
a local educational agency is entitled under this title for any fiscal
year ending prior to July 1, 1978, the Commissioner shall determine
the number of Indian children who were enrolled in the schools of a
local educational agency, and for whom such agency provided free
public education, during such fiscal year.
(2) (A) The amount of the grant to which a local educational
agency is entitled under this title for any fiscal year shall be an
amount equal to (i) the average per pupil expenditure for such agency
(as determined under subparagraph (C)) multiplied by (ii) the sum
of the number of children determined under paragraph (1).
(B) A local educational agency shall not be entitled to receive a
grant under this title for any fiscal year unless the number of children
under this subsection, with respect to such agency, is at least ten or con-
stitutes at least 50 per centum of its total enrollment. The requirements
of this subparagraph shall not apply to any such agencies serving
Indian children in Alaska, California, and Oklahoma or located on, or
in proximity to, an Indian reservation.
(C) For the purposes of this subsection, the average per pupil ex-
penditure for a local educational agency shall be the aggregate cur-
rent expenditures, during the second fiscal year preceding the fiscal
year for which the computation is made, of all of the local educational
agencies in the State in which such agency is located, plus any direct
current expenditures by such State for the operation of such agencies
(without regard to the sources of funds from which either of such
expenditures are made), divided by the aggregate nunTher of children
who were in average daily enrollment for whom such agencies provided
free public education during such preceding fiscal year.
(b) In addition to the sums appropriated for any fiscal year for
grants to local educational agencies under this title. there is~ hereby
authorized to be appropriated for any fiscal year an amount not in
excess of 10 per centurn of the amount appropriated for payments on
the basis of entitlements computed under subsection (a) for that fiscal
year, for the purpose of enabling the Commissioner to provide financial
assistance to schools on or near reservations which are not local educa-
tional agencies or have not been local educational agencies for more
than three years, in accordance with the appropriate provisions of this
title.
(20 U.S.C. 241bb) Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 335;
amended August 21, 1974, P.L. 93-380, sec. 631(b), 88 Stat. 585.
USES OF FEDERAL FENDS
SEc. 304. Grants under this title may be used, in accordance with
applications approved under section 305, for-
(1) planning for and taking other steps leading to the develop-
ment of programs specifically designed to meet the special educa-
tional needs of Indian children, including pilot projects designed
to test the effectiveness of plans so developed; and
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(2) the establishment, maintenance, and operation of programs,
including, in accordance with special regulations of the Cominis-
sioner, minor remodeling of classroom or other space used for
such programs and acquisition of necessary equipment, specially
designed to meet the special educational needs of Indian children.
(20 U.S.C. 241cc) Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 335,
336.
APPLICATIONS FOR GRANTS; CONDITIONS FOR APPROVAL
SEC. 305. (a) A grant under this title, except as provided in section
303 (b), may be made only to a local educational agency or agencies,
and only upon application to the Commissioner at such time or times,
in such manner, and containing or accompanied by such information
as the Commissioner deems necessary. Such application shall-
(1) provide that the activities and services for which assistance
under this title is sought will be administered by or under the
supervision of the applicant;
(2) set forth a program for carrying out the purposes of sec-
tion 304, and provide for such methods of administration as are
necessary for the proper and efficient operation of the program;
(3) in the case of an application for payments for planning,
provide that (A) the planning was or will be directly related to
programs or projects to be carried out under this title and has
resulted, or is reasonably likely to result, in a program or project
which will be carried out under this title, and (B) the planning
funds are needed because of the innovative nature of the pro-
gram or project or because the local educational agency lacks the
resources necessary to plan adequately for programs and projects
to be carried out under this title;
(4) provide that effective procedures, including provisions for
appropriate objective measurement of educational achievement
will be adopted for evaluating at least annually the effectiveness
of the programs and projects in meeting the special educational
needs of Indian students;
(5) set forth policies and procedures which assure that Fed-
eral funds made available under this title for any fiscal year will
be so used as to supplement and, to the extent practical, increase
the level of funds that would, in the absence of such Federal funds,
be made available by the applicant for the education of Indian
children and in no case supplant such funds;
(6) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of, and
accounting for, Federal funds paid to the applicant under this
title; and
(7) provide for making an annual report and such other re-
ports, in such form and containing such information, as the Corn-
missioner may reasonably require to carry out his functions under
this title and to determine the extent to which funds provided
under this title. have been effective in improving the educational
opportunities of Indian students in the area served, and for keep-
ing such record and for affording such access thereto as the Corn-
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missioner may find necessary to assure the correctness and
verification of such reports.
(b) An application by a local educational agency or agencies for a
grant under this title may be approved only if it is consistent with the.
applicable provisions of this title and-
(1) meets the requirements set forth in subsection (a)
(2) provides that the program or project for which application
is made-
(A) will utilize the best available talents and resources
(including persons from the Indian community) and will
substantially increase the educational opportunities of Indian
children in the area to be served by the applicant; and
(B) has been developed-
"(i) ~fl open consultation with parents of Indian chil-
dren, teachers, and, where applicable. secondary school
students. including public hearings at which such persons
have had a full opportunity to understand the program
for which assistance is being sought and to offer
recommendations thereon. and
"(ii) with the participation and approval of a commit-
tee composed of, and selected by. parents of children par-
ticipating in the program for which assistance is sought,
teachers, and. where applicable, secondary school stu-
dents of which at least half the members shall be such
parents;
(C) sets for such policies and procedures as will insure
that the program for which assistance is sought will be oper-
ated and evaluated in consultation with. and the involvement
of, parents of the children and representatives of the area to
be served, including the committee established for the pur-
poses of clause (2) (B) (ii).
(c) Amendments of applications shalL except as the Commis-
sioner may otherwise provide by or pursuant to regulations, be subject
to approval in the same manner as original applications.
(20 U.S.C. 241dd) Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 3.36, 337.
PAYMENTS
SEC. 306. (a) The Commissioner shall, subject to the provisions of
section 307, from time to time pay to each local educational agency
which has had an application approved under section 305, an amount
equal to the amount expended by such agency in carrying out activities
under such application.
(b) (1) No payments shall be made under this title for any fiscal
year to any local educational agency in a State which has taken into
consideration payments under this title in determining the eligibility
of such local educational agency in that State for State aid, or the
amount of that aid, with respect to the free public education of chil-
dren during that year or the preceding fiscal year.
(2) No payments shall be made under this title to any local educa-
tional agency for any fiscal year unless the State educational agency
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finds that the combined fiscal effort (as determined in accordance with
regulations of the Commissioner) of that agency and the State with
repect to the provision of free public education by that agency for
the preceding fiscal year was not less than such combined fiscal effort
for that purpose for the second preceding fiscal year.
(20 U.S.C. 241ee) Enacted June 23, 1972, P.L. 92-318, sec. 141, 86 Stat. 337.
ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS
SEC. 307. (a) If the sums appropriated for any fiscal year for mak-
ing payments under this title are not sufficient to pay in full the total
amounts which all local educational agencies are eligible to receive
under this title for that fiscal year, the maximum amounts which all
such agencies are eligible to receive under this title for such fiscal
year shall be ratably reduced. In case additional funds become avail-
able for making such payments for any fiscal year, during which the
first sentence of this subsection is applicable, such reduced amounts
shall be increased on the same basis as they were reduced.
(b) In the case of any fiscal year in which the maximum amounts
for which local educational agencies are eligible have been reduced
under the first sentence of subsection (a), and in which additional
funds have not been made available to pay in full the total of such
maximum amounts under the second sentence of such subsection, the
Commissioner shall fix dates prior to which each local educational
agency shall report to him on the amount of funds available to it,
under the terms of section 306 (a) and subsection (a) of this section,
which it estimates, in accordance with regulations of the Commis-
sioner, that it will expend under approved applications. The amounts
so available to any local educational agency, or any amount which
would be available to any other local education agency if it were to
submit an approvable application therefor, which the Commissioner
determines will not be used for the period of its availability, shall be
available for allocation to those local educational agencies, in the man-
ner provided in the second sentence of subsection (a), which the Com-
missioner determines will need additional funds to carry out approved
applications, except that no local educational agency shall receive an
amount under this sentence which, when added to the amount avail-
able to it under subsection (a), exceeds its entitlement under section
303.
(20 TJ.S.C.. 241ff) Enacted June 23, 1972, P.L. 92-318, sec. 141, 86 Stat. 337, 338.
TITLE TV-GENERAL PROVISIONS
ADMINISTRATION
SEC. 401.1
(a) (Repealed).
(b) The Commissioner shall administer this Act, and he may make
such regulations and perform such other functions as he finds neces-
sary to carry out the provisions of this Act.
1 Title IV and section 401 of the Act of Sept. 30, 1950, P.L. 81-874. References in this
title to Title I of the Elementary and Secondary Education Act of 1965, are to Its original
designation on enactment, "Title II" of Public Law 81-874.
44-078 0 - 75 - 15
PAGENO="0226"
216
(c) The Commissioner shall include in his annual report to the Con-
gress a full report of the administration of his functions under this
Act, including a detailed statement of receipts and disbursements.
(20 U.S.C. 242) Enacted Sept. 30, 1950, 0. 1124, P.L. 874, 81st Cong., Title III,
sec. 301, formerly sec. 7, 64 Stat. 1107; redesignated April 11, 1965, P.L. 80-10
Title I, sec. 3(c) (1), 79 Stat. 35; amended Nov. 3, 1966, P.L. 89-750, Title II, see.
205, 80 Stat. 1212; subsection (a) repeaed April 13, 1970, P.L. p1-230, Title IV,
sec. 401 (f) (1) and superseded by sec. 422 of P.L. 90-247, Title IV, as amended
(20 U.S.C. 1232a) ; redesignated June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 334.
USE OF OTHER FEDERAL AGENCIES; TRANSFER AND AVAILABILITY OF
APPROPRIATIONS
SEC. 402. (a) In carrying out his functions under this Act, the
Commissioner is authorized, pursuant to proper agreement with any
other Federal department or agency, to utilize the services and facil-
ities of such dep~rtment or agency, and, when he deems it necessary or
appropriate, to delegate to any officer or employee thereof the function
under section 6 of making arrangements for providing free public
education. Payment to cover the cost of such utilization or of carrying
out such delegated function shall be made either in advance or by
way of reimbursement, as may be provided in such agreement.
(b) All Federal departments or agencies administering Federal
property on which children reside, and all such departments or
agencies principally responsible for Federal activities which may occa-
sion assistance under title I, shall to the maximum extent practicable
comply with requests of the Commissioner for information he may
require in carrying out the purposes of title I.
(c) Such portion of the appropriations of any other department or
agency for the fiscal year ending June 30, 1951, as the Director of the
Bureau of the Budget determines to be available for the same purposes
as title I, shall, except to the extent necessary to carry out during such
year contracts made prior to the enactment of title I, be transferred
to the Commissioner for use by him in carrying out such purposes.
(d) No appropriation to any department or agency of the United
States, other than an appropriation to carry out this Act, shall be
available for the employment of teaching personnel for the provision
of free public education for children in any State or for payments to
any local educational agency (directly or through the State educa-
tional agency) for free public education for children, except that
nothing in the foregoing provisions of this subsection shall affect the
availability of appropriations for the maintenance and operation of
school facilities (1) on Federal property under the control of the
Atomic Energy Commission or (2) by the Bureau of Indian Affairs,
or the availability of appropriations for the making of payments
directed to be made by section 91 of the Atomic Energy Community
Act of 1955, as amended, or the availability of appropriations under
the Act of April 16, 1934, commonly referred to as the Johnson-O'~Ia1-
ley Act (`25 U.S.C., Sec. 452).
(20 U.S.C. 243) Enacted Sept. 30, 1950, C. 1124, P.L. 874, 81st Cong., Title III,
sec. 302, formerly sec. 8, 64 Stat. 1108; amended Aug. 8, 1953, 0. 402, P.L. 248,
83d Cong., sec. 9, 67 Stat. 536; amended Aug. 4, 1955, C. 543, C. 11, P.L. 221, 84th
Cong., sec. 202, 69 Stat. 485; amended Aug. 12, 1955. C. 868, P.L. 382, 84th Cong.,
sec. 1, 69 Stat. 713; amended Aug. 3 ,1956, C. 915, P.L. 949, 84th Cong., Title II,
PAGENO="0227"
217
sec. 210, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 204, 72
Stat. 560; redesignated, and amended April 11, 1965, P.L. 89-10, Title I, sec. 3(c),
79 Stat. 35; amended April 13, 1970, P.L. 91-230, Title IV, sec. 401(c), 84 Stat.
173. Repealed provision superseded by sec. 411 of P.L. 91-247, Title IV, as
amended (20 U.S.C. 1231(a)) ; redesignated June 23, 1972, P.L. 92-318, sec. 411,
86 Stat. 334.
DEFINITIONS
SEc. 403. For the purposes of this Act-
(1) The term "Federal property" means real property whlch is
owned by the United States or is leased by the United States, and
which is not subject to taxation by any State or any political sub-
divison of a State or by the District of Columbia. Such term includes
(A) except for purposes of section 6, real property held in trust by
the United States for individual Indians or Indian tribes, and real
property held by individual Indians or Indian tribes which is subject
to restrictions on alienation imposed by the United States, (B) for
one year beyond the end of the fiscal year in which occurred the sale
or transfer thereof by the United States, any property considered
prior to such sale or transfer to be Federal property for the purposes
of this Act, (C) any low-rent housing (whether or not owned by the
United States) which is part of a low-rent housing project assisted
under the United States Housing Act of 1937, section 516 of the Hous-
ing Act of 1949, or part B of title III of the Economic Opportunity
Act of 1964, and (D) any school which is providing flight training to
members of the Air Force under contractual arrangements with the
Department of the Air Force at an airport which is owned by a State
or a political subdivision of a State. Such term also includes any inter-
est in Federal property (as defined in the foregoing provisions of
this paragraph) under an easement, lease, license, permit, or other
arrangement, as well as any improvements of any nature (other than
pipelines or utility lines) on such property even though such interests
or improvements are subject to taxation by a State or political subdivi-
sion of a State or by the District of Columbia. Notwithstanding the
foregoing provisions of this paragraph, such term does not include
any real property under the jurisdiction of the Post Office Department
and used primarily for the provision of postal service. Real property
which qualifies as Federal property under clause (A) of this para-
graph shall not lose such qualification because it is used for a low-rent
housing project.
(2) The term "child" except as used in title II, means any child who
is within the age limits for which the applicable State provides free
public education.
(3) The term "parent" includes a legal guardian or other person
standing in loco parentis.
(4) The term "free public education" means education which is
provided at public expense, under public supervision and direction,
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State, except that for the
purposes of title II such term does not include any education pro-
vided beyond grade 12.
(5) The term "current expenditures" means expenditures for free
public education, including expenditures for administration, instruc-
PAGENO="0228"
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tion, attendance and health services, pupil transportation services,
operation and maintenance of plant, fixed charges, and net expendi-
tures to cover deficits for food services and student body activities,
but not including expenditures for community services, capital outlay,
and debt service, or any expenditures made from funds granted under
title II of this Act or title II or III of the Elementary and Secondary
Education Act of 1965.
(6) (A) For purposes of title I, the term "local educational agency"
means a board of education or other legally constituted local school
authority having administrative control and direction of free public
education in a county, township, independent, or other school district
located within a State. Such term includes any State agency which
directly operates and maintains facilities for providing free public
education.
(B) For purposes of title II, the term "local educational agency"
means a public board of education or other public authority legally
constituted within a State for either administrative control or direc-
tion of, or to perform a service function for, public elementary or
secondary schools in a city, county, township, school district, or other
political subdivision of a State, or such combination of school districts
or counties as are recognized in a State as an administrative, agency
for its public elementary or secondary schools. Such term includes
any other public institution or agency having administrative control
and direction of a public elementary or secondary school, and it also
includes (except for purposes of sections 203 (a) (2), 203 (b), and
205 (a) (1)) any State agency which is directly responsible for pro-
viding free public education for handicapped children (including
mentally retarded, hard of hearing~ deaf, speech impaired. visually
handicapped, seriously emotionally disturbed, crippled, or other health
impaired children who by reason thereof require special education)
or for children in institutions for neglected or delinquent children.
(7) The term "State educational agency" means the officer or agency
primarily responsible for the State supervision of public elementary
and secondary schools.
(8) The term "State" means a State, Puerto Rico, Wake Island,
Guam, the District of Columbia, American Samoa. or the Virgin
Islands, and for purposes of title II, such term includes the Trust
Territory of the Pacific Islands.
(9) The terms "Commissioner of Education" and "Commissioner"
mean the United States Commissioner of Education.
(10) Average daily attendance shall be determined in accordance
with State law, except that (A) the average daily attendance of
children with respect to whom payment is to be made under section
3' or 4 or this Act shall be determined in accordance with regulations
of the Commissioner, and (B) notwithstanding any other provisiomi of
this Act, where the local educational agency of the school district in
which any child resides makes or contracts to make a tuition payment
PAGENO="0229"
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for the free public education of such child in a school situated in
another school district, for purposes of this Act the attendance of such
child at such school shall be held and considered (i) to be attendance
at a school of the local educational agency so making or contracting
to make such tuition payment, and (ii) not to be attendance at a school
of the local educational agency receiving such tuition payment or
entitled to receive such payment under the contract.
(11) The term "county" means those divisions of a State utilized by
the Secretary of Commerce in compiling and reporting data regarding
counties.
(12) The term "construction" includes the preparation of drawings
and specifications for school facilities; erecting, building, acquiring,
altering, remodeling, improving, or extending school facilities; and
the inspection and supervision of the construction of school facilities.
(13) The term "school facilities" means classrooms and related
facilities (including initial equipment) for free public education and
interests in land (including site, grading, and improvements) on which
such facilities are constructed, except that such term does not include
those gymnasiums and similar facilities intended primarily for exhibi-
tions for which admission is to be charged to the general public.
(.14) The term "equipment" includes machinery, utilities, and built-
in equipment and any necessary enclosures or structures to house them,
and includes all other items necessary for the functioning of a particu-
lar facility as a facility for the provision of educational services, in-
cluding items such as instructional equipment and necessary furniture.
printed, published, and audio-visual instructional materials, and books.
periodicals, documents, and other related materials.
(15) For the purpose of title II, the term "elementary school" means
a day or residential school which provides elementary education, as
determined under State law, and the term "secondary school". means a
day or residential school which provides secondary education, as deter-
mined under State law, except that it does not include any education
provided beyond grade 12.
(20 TJ.S.C. 244) Enacted Sept. 30, 1950, C. 1124, P.L. 874, 81st Cong., Title III,
sec. 303, formerly sec. 9, 64 Stat. 1108; amended Aug. 8, 1953, C. 402, P.L. 248, 83d
Cong. sec. 10, 67 Stat. 536; amended Aug. 1, 1956, P.L. 896, 84th Cong., sec. 10, 70
Stat. 909; amended Aug. 3, 1956, C. 915, P.L. 949, 84th Cong., Title II, sec.
211, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 205, 72 Stat.
560; amended June 25, 1959, P.L. 86-70, sec. 18(d) (4), 73 Stat. 145; amended
July 12, 1960, P.L. 86-624, sec. 14(d) (4), 74 Stat. 414; amended Oct. 16, 1964, P.L.
88-665, Title XI, sec. 1102(b), 78 Stat. 1109: redesignated and amended April 11,
1965, P.L. 89-10, Title I, secs. 3(c) (1), 4(a)-(c), (d) (1), (e), 79 Stat. 35;
amended Nov. 1, 1965, P.L. 89-313, sec. 6(c), 79 Stat. 1162; amended Nov. 3,
1966, P.L. 89-750, Title I, sec. 117(a) (1), (b) 80 Stat. 1198, 1199. Title II, sec. 206,
80 Stat. 1213; amended Jan. 2, 1968, P.L. 90-247, Title II, sec. 201, 81 Stat. 806;
amended Apr. 13, 1970, P.L. 91-230, Title II, sec. 203(b), 84 Stat. 156. ~Amend-
ments effective after June 30, 1970; redesignated June 23, 1972, P.L. 92-318 sec.
411, 86 Stat. 334; amended August 21, 1974, P.L. 93-380, sec. 304(d(1), 88 Stat.
523.
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SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES
(P.L. 815, 81st Congress)
AN ACT Relating to the construction of school facilities in areas affected by
Federal activities, and for other purposes
Be it enacted b~' the Senate and Houce of Representatives of the
United States of America in Uongress ctssem~bled~
PURPOSE AND APPROPRIATION
SECTION 1. The purpose of this Act is to provide assistance for the
construction of urgently needed minimum school facilities in school
districts which have had substantial increases in school membership
as a result of new or increased Federal activities. There are hereby
authorized to be appropriated for the fiscal year ending Jirne 30~ 1959,
and each fiscal year thereafter, such sums as the Congress may deter-
mine to be necessary for such purpose. Sums so appropriated, other
than sums appropriated for administration, shall remain available
until expended.
(20 U.S.C. 631) Similar provision enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
see. 1, 67 Stat. 522 as Title III, sec. 801, P.L. 815, 1st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 548.
PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS
SEC. 2. For each fiscal year the Commissioner shall determine the
portion of the funds appropriated pursuant to section 1 which shall
be available for carrying out the provisions of sections 9 and 10. The
remainder of such funds shall be available for paying to local educa-
tional agencies the Federal share of the cost of projects for the con-
struction of school facilities for which applications have been approved
under section 6.
(20 U.S.C. 632) Similar provision enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 522 as Title III, sec. 302, P.L. 815, 81st Cong. Enacted Aug. 12.
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 548.
ESTABLISHMENT OF PRIORITIES
SEC. 3. The Commissioner shall from time to time set dates by which
applications for payments under this Act with respect to construc-
tion projects must be filed, except that the last such date with respect
to applications for payments on account of children referred to in
paragraphs (2) or (3) of section 5(a) shall be not later than ~hme 30,
1978. The Commissioner shall by regulation prescribe an order of
priority, based on relative urgency of need, to be followed in approv-
ing applications in the event the funds appropriated under this Act.
and remaining available on an such date for payment to local educa-
tional agencies are less than the Federal share of the cost of the proj-
ects with respect to which applications have been filed prior to such
date (and for which funds under this Act have not already been ob-
ligated). Only applications meeting the conditions for approval under
this Act (other than section 6(b) (2) (C)) shall be considered applica-
tions for purposes of the preceding sentence.
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(20 U.S. C. 633) Similar provisions enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 522 as Title III, sec. 303, P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title 1, sec. 101, 72 Stat. 548; amended Oct. 3, 1961, P.L. 87-344,
Title I, sec. 101(a), 75 Stat. 759; amended Dec. 18, 1963, P.L. 88-210, Title III, sec.
301(a), formerly sec. 301(a), 77 Stat. 419; amended Oct. 16, 1964, P.L. 88-665,
Title XI, sec. 1101(a), 78 Stat. 1109; amended Nov. 3, 1966, P.L. 89-750, Title II,
sec. 221, 80 Stat. 1213; amended 3an. 2, 1968, P.L. 90-247, Title III, sec. 301(d)
(1), 81 Stat. 813; redesignated Oct. 16, 1968, P.L. 90-576, Title I, sec. 101 (a) (1),
82 Stat. 1064; amended April 13, 1970, P.L. 91-230, Title II, sec. 201 (a) (1), 84
Stat. 154, 156; amended August 21, 1974, P.L. 93-380, sec. 301(a) (1), 88 Stat.
521.
FEDERAL ShARE FOR ANY PROJECT
SEC. 4. Subject to section 5 (which imposes limitations on the total
of the payments which may be made to any local educational agency),
the Federal share of the cost of a project under this Act shall be equal
to such cost, but in no case to exceed the cost, in the school district
of the applicant, of constructing minimum school facilities, and in no
case to exceed the cost in such district of constructing minimum school
facilities for the estimated number of children who will be in the
membership of the schools of such agency at the close of the second
year following the increase period and who will otherwise be without
such facilities at such time. For the purposes of the preceding sen-
tence, the number of such children who will otherwise be without
such facilities at such time shall be determined by reference to those
facilities which (1) are built or under contract as of the date on which
the Commissioner set, under section 3, the earliest date on or before
which the application for such project was filed, or (2) as of the date
the application for such project is approved, are included in a project
the application for which has been approved under this Act.
(20 U.S.C. 634) Similar provision enacted Aug. 8, 1953, P.L. 24G, 83d Cong.,
sec. 1, 67 Stat. 522, as Title III, sec. 304, P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 549; amended Nov. 3, 1966, P.L. 89-750,
Title II, sec. 224, 80 Stat. 1214.
LIMITATIONS ON TOTAL PAYMENTS TO ANY LOCAL EDUCATIONAL
AGENCY
SEC. 5. (a) Subject to the limitations in subsections (c) and (d),
the total of the payments to a local educational agency under this Act
may not exceed the sum of the following:
(1) the estimated increase, since the base year, in the number of
children residing on Federal property, multiplied by 95 per
centum of the average per pupil cost of constructing minimum
school facilities in the State in which the school district of such
agency is situated; and
(2) the estimated increase, since the base year, in the number
of children (A) residing with a parent employed on Federal
property (situated in whole or in part in the same State as the
school district of such agency or within reasonable commuting
distance from such school district), or (B) who had a parent who
was on active duty in the uniformed services (as defined in section
102 of the Career Compensation Act of 1949), multiplied by 50
per centum of the average per pupil cost of constructing minimum
school facilities in the State in which the school district of such
agency is situated; and
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(3) the estimated increase, since the base year, in the number of
children whose membership results directly from activities of
the United States (carried on either directly or through a con-
tractor), multiplied by 45 per centum of the average per pupil
cost of constructing minimum school facilities in the State in
which the school district of such agency is situated. For purposes
of this paragraph, the Commissioner shall not consider as activ-
ities of the United States those activities which are carried on in
connection with real property excluded from the definition of Fed-
eral property by the last sentence of paragraph (1) of section
15, but shall (if the local educational agency so elects pursuant to
subsection (b)) consider as children whose membership results
directly from activities of the United States children residing
on Federal property or residing with a parent employed on Fed-
eral property; and
(4) for the fiscal year ending June 30, 1967, the estimated num-
ber of children, without regard to the limitation in subsection (d),
whose membership in the schools of such local educational agency
resulted from a change in residence from land transferred to
Mexico as part of a relocation of an international boundary of
the United States, multiplied by 50 per centum of the average per
pupil cost of constructing minimum school facilities in the State
in which the school district of such agency is situated; but if, by
reason~ of any other provision of law, this clause is not considered
in computing the maximum payments a local educational agency
may receive for the fiscal year ending June 30. 1967~ the additional
amount such agency would have been entitled to receive shall be
added to such agency's entitlement for the first fiscal year for
which funds appropriated to carry out this Act may be used for
such purpose.
In computing for any local educational agency the number of chil-
dren in an increase under paragraph (1), (2), or (3), the estimated
number of children described in such paragraph who will be in the
membership of the schools of such agency at the close of the increase
period shall be compared with the estimated number of such children
in the average daily membership of the schools of such agency during
the base year.
(b) If twO or more of the paragraphs of subsection (a) apply to
a child, the local educational agency shall elect which of such para-
graphs shall apply to such child, except that, notwithstanding the
election of a local educational agency to have paragraph (2) apply to
a child instead of paragraph (1), the determination of the maximum
amOunt for such agency under subsection (a) shall be made without
regard to such election.
(c) A local educational agency shall not be eligible to have any
amount included in its maximum by reason of paragraph (1), (2), or
(3) of subsection (a) unless the increase in children referred to m
such paragraph, prior to the application of the limitation in subsection
(d) is at least twenty and-
(1) in the case of paragraph (1) or (2).is-
(A) equal to at least 10 per centum of the number of all
children who were in the average daily membership of the
schools of such agency during the base year, or
PAGENO="0233"
22~
(B) at least one thousand five hundred, whichever is the
lesser; and
(2) In the case of paragraph (3), is-
(A) equal to at least 10 per centum of the number of all
children who were in the average daily membership of the
schools of such agency during the base year, or
(B) at least two thousand five hundred,
whichever is the lesser: Provided, That no local educational
agency shall be regarded as eligible under this paragraph (2)
unless the Commissioner finds that the construction of additional
minimum school facilities for the number of children in such
increase will impose an undue financial burden on the taxing and
borrowing authority of such agency.
(d) If (1) the estimated number of nonfederally connected chil-
dren who will be in the membership of the schools of a local educa-
tional agency at the close of the increase period is less than (2) 106
per centum of the number of such children who were in the average
daily membership of such agency during the base year, the total num-
ber of children counted for purposes of subsection (a) with respect to
such agency shall be reduced by the difference between (1) and (2)
hereof, except that the number of children counted for the purposes of
paragraph (1) or (2) of subsection (a) shall not be reduced by more
than one thousand five hundred and that the number of children
counted for the purposes of paragraph (3) of subsection (a) shall not
be reduced by more than two thousand five hundred. For purposes of
I his subsection, all children in the membership of a local educational
agency shall be counted as nonfederally connected children except
children whose membership in the base year and increase period was
compared in computing an increase which meets the requirements of
subsection (c).
(e) Notwithstanding the provisions of subsections (c), (d), and (f)
of this section, whenever and to extent that, in his judgment, excep-
tional circumstances exist which make such action necessary to avoid
inequity and avoid defeating the purposes of this Act, the Commis-
sioner may do any one or more of the following: (1) he may waive or
reduce the minimum number requirement or any percentage require-
inent or requirements in subsection (c); (2) he may waive the require-
ment contained in the first sentence of subsection (d) or reduce the
percentage specified in clause (2) of such sentence; or (3) he may waive
or reduce the requirement contained in subsection (f).
(f) In determining under this section the total of the payments
which may be made to a local educational agency on the basis of any
application, the total number of children counted for purposes of para-
graph (1), (2), or (3), as the case may be, of subsection (a) may not
exceed-
(1) the number of children whose membership at the close of
the increase period for the application is compared with member-
ship in the base period for purposes of that paragraph, minus
(2) the number of such children whose membership at the close
of the increase period was compared with membership in the base
year for purposes of such paragraph under the last previous appli-
cation, if any, of the agency on the basis of which any payment has
been or may be made to that agency.
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(20 U.S.C. 835) Similar provision enacted Aug. 8, 1953, P.L. 248, 83d Cong.,
sec. 1, 67 Stat. 523, as Title III, sec. 305, P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 549; amended Nov. 1. 1965, P.L. 89-313.
sec. 5, 79 Stat. 1161; amended Nov. 3, 1966, P.L. 89-750, Title II. sees. 222(a). (e).
223, 226, 227, 80 Stat. 1213-1215; amended Jan 2, 1968, P.L. 99-247, Title II,
sec. 205(b), 207, 81 Stat. 809; amended April 13, 1970, P.L. 91-230. Title II,
sec. 203(a) (3), 204, 84 Stat. 155, 157; amended May 21, 1970. P.L. 90-260, 84
Stat. 254; amended August 21, 1974, P.L. 93-380, sec. 302(a), 88 Stat. 521, 522.
APPLICATIONS
SEC. 6. (a) No payment may be made to any local educational agency
under this Act except upon application therefor which is submitted
through the appropriate State educational agency and is filed with the
Commissioner in accordance with regulations prescribed by him.
(b) (1) Each application by a local educational agency shall set
forth the project for the construction of school facilities for such
agency with respect to which it is filed, and shall contain or be sup-
ported by-
(A) a description of the project and the site therefor, prelim-
inary drawings of the school facilities to be constructed thereon,
and such other information relating to the project as may rea-
sonably be required by the Commissioner;
(B) assurance that such agency has or will have title to the
site, or the right to construct upon such site school facilities as
specified in the application and to maintain such school facilities
on such site for a period of not less than twenty years after the
completion of the construction;
(C) assurance that such agency has legal authQrity to under-
take the construction of the project and to finance any non-Federal
share of the cost thereof as proposed, and assurance that adequate
funds to defray any such non-Federal share will be available when
needed;
(D) assurance that such agency will cause work on the project
to be commenced within a reasonable time and prosecuted to com-
pletion with reasonable diligence;
(F) assurance that the school facilities of such agency will be
available to the children for whose education contributions are
provided in this Act on the same terms, in accordance with the
laws of the State in which the school district of such agency is
situated, as they are available to other children in such school
district; and
(G) assurance that such agency will from time to time prior to
the completion of the project submit such report relating to the
project as the Commissioner may reasonably require.
(2) The Commissioner shall approve any application if he finds
(A) that the requirements of paragraph (1) have been met and that
approval of the project would not result in payments in excess of those
permitted by sections 4 and 5, (B) after consultation with the State
and local educational agencies, that the project is not inconsistent with
overall State plans for the construction of school facilities, and (C)
that there are sufficient Federal funds available to pay the Federal
share of the cost of such project and of all other projects for which
PAGENO="0235"
225
Federal funds have not already been obligated and applications for
which, under section 3, have a higher priority: Provided, That the
Commissioner may approve any application for payments under this
Act at any time after it is filed and before any priority is established
with respect thereto under section 3 if he determines that-
(i) on the basis of information in his possession, it is likely that
the urgency of the need of the local educational agency is such
that it would have a priority under section 3 which would qualify
it for payments under this Act when such priorities are estab-
lished, and
(ii) the number of children in the increase under section 5(a)
is in large measure attributable to children who reside or will
reside in housing newly constructed on Federal property.
(c) No application under this Act shall be disapproved in whole
or in part until the Commissioner of Education has afforded the local
educational agency reasonable notice and opportunity for hearing.
(20 U.S.C. 636) Provisions similar in part enacted Aug. 8, 1953, P.L. 246, 83d
Cong., sec. 1, 67 Stat. 524, as Title III, sec. 303 of P.L. 815 81st Cong., Enacted
Aug. 12, 1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 551, as sec. 6, P.L. 815, 81st
Cong.; subsection (b) (1) (E) repealed April 13, 1970, P.L. 91-230, Title IV,
sec. 401(g) (4) and superseded by sec. 423 of P.L. 90-247, Title IV, as amended
(20 U.S.C. 1232b).
PAYMENTS
SEC. 7. (a) Upon approving the application of any local educational
agency under section 6, the Commissioner of Education shall pay to
such agency an amount equal to 10 per centum of the Federal share of
the cost of the project. After final drawings and specifications have
been approved by the Commissioner of Education and the construction
contract has been entered into, the Commissioner shall, in accordance
with regulations prescribed by him and at such times and in such in-
stallments as may be reasonable, pay to such agency the remainder of
the Federal share of the cost of the project.
(b) Any funds paid to a local educational agency under this Act and
not expended for the purposes for which paid shall be repaid to the
Treasury of the United States.
(20 U.S.C. 637) Similar provision enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 525, as Title III, sec. 307 of P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 552, as sec. 7, P.L. 815, 81st Cong.
ADDITIONAL PAYMENTS
SEC. 8. Not to exceed 10 per centum of the sums appropriated pur-
suant to this Act for any fiscal year (exclusive of any sums appropri-
ated for administration) may be used by the Commissioner, under
regulations prescribed by him, to make grants to local educational
agencies where (1) the application of such agencies would be approved
under this Act but for the agencies' inability, unless aided by such
grants, to finance the non-Federal share of the cost of the projects set
forth in their applications, or (2) although the applications of such
agencies have been approved, the projects covered by such applications
could not, without such grants, be completed, because of flood, fire, or
similar emergency affecting either the work on the projects or the
PAGENO="0236"
226
agencies' ability to finance the non-Federal share of the cost of the
projects. Such grants shall be in addition to the payments otherwise
provided under this Act, shall be made to those local educational agen-
cies whose need for additional aid is the most urgent and acute, and
insofar as practicable shall be made in the same manner and upon the
same terms and conditions as such other payments.
(20 U.S.C. 638) Similar provision enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 525, as Title III, sec. 308(a), P.L. 815, 81st Cong. Enacted Aug.
12, 1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 552, as sec. 8 of P.L. 815, 81st Cong.
WHERE EFFECT OF FEDERAL ACTIVITIES WILL BE TEMPORARY
SEC. 9. Notwithstanding the preceding provisions of this Act. when-
ever the Commissioner determines that the membership of some or all
of the children, who may be included in computing under section 5 the
maximum on the tOtal of the payments for any local educational
agency, will be of temporary duration only, such membership shall not
be included in computing such maximum. Instead, the Commissioner
may make available to such agency such temporary school facilities as
may be necessary to take care of such membership; or he may. where
the local educational agency gives assurance that at least minimum
school facilities will be provided for such children, pay (on Such terms
and conditions as he deems appropriate to carry out the purposes of
this Act) to such agency for use in constructing school facilities an
amount equal to the amount which he estimates would be necessary to
make available such temporary facilities. In no case. however, may the
amount so paid exceed the cost, in the. school district, of suc.h agency of
constructing minimum school facilities for such children. The Com-
missioner may transfer to such agency or its successor all the right,
title, and interest of the United States in and to any temporary facili-
ties made available to such agency under this section (or section 309 of
this Act as in effect January 1, 1958) ; any such transfer shall be with-
out charge, but may be made. on such other terms and conditions. and
at such time as the Commissioner deems appropriate to carry out the
purposes of this Act.
(20 U.S.C. 639) Similar provision enacted Aug. 8, 1953, P.L. 246. 83d Cong.,
sec. 1, 67 Stat. 525, as Title III, sec. 309 of P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 553, as sec. 9 of P.L. 815. 81st Cong.
CHILDREN FOR WHOM LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION
SEC. 10. (a) In the case of children who it is estimated by the Com-
missioner in any fiscal year will reside on Federal property at the end
of the next fiscal year-
(1) if no tax revenues of the State or any political subdivision
thereof may be expended for the free public education of such
children; or
(2) if it is the judgment of the Commissioner. after he has
consulted with the appropriate State educational agency, tha.t no
local educational agency is able to provide suitable free public
education for such children,
the Commissioner shall make arrangements for constructing or other-
wise providing the minimum school facilities necessary for the educa-
PAGENO="0237"
227
tion of such children. In any case in which the Commissioner makes
arrangements under this section for constructing or otherwise pro-
viding minimum school facilities situated on Federal property in
Puerto Rico, Wake Island, Guam, or the Virgin Islands, he may also
include minimum school facilities necessary for the education of chil-
dren residing with a parent employed by the United States though not
residing on Federal property, but only if the Commissioner deter-
mines, after consultation with the appropriate State educational
agency, (1) that the construction or provision of such facilities is
appropriate to carry out the purposes of this Act, (2) that no local
educational agency is able to provide suitable free public education
for such children, and (3) that English is not the primary language
of instruction in schools in the locality. Such arrangements may also
be made to provide, on a temporary basis, minimum school facilities
for children of members of the Armed Forces on active duty, if the
schools in which free public education is usually provided for such
children are made unavailable to them as a result of official action by
State or local governmental authority and it is the judgment of the
Commissioner, after he has consulted with the appropriate State edu-
cational agency, that no local educational agency is able to provide suit-
able free public education for such children. To the maximum extent
practicable school facilities provided under this section shall be com-
parable to minimum school facilities provided for children in com-
parablecommunities in the State. This section shall not apply (A)
to children who reside on Federal property under the control of the
Atomic Energy Commission, and (B) to Indian children attending
federally operated Indian schools. Whenever it is necessary for the
Commissioner to provide school facilities for children residing on
Federal property under this section, the membership of such children
may not be included in computing under section 5 the maximum on
the total of the payments for any local educational agency.
(b) When the Commissioner determines it is in the interest of the
Federal Government to do so, he may transfer to the appropriate local
educational agency all the right, title, and interest of the United States
in and to any facilities provided under this section (or sections 204 or
310 of this Act as in effect January 1, 1958). Any such transfer shall
be without charge, but may be made on such other terms and condi-
tions, and at such time as the Commissioner deems appropriate to
carry out the purposes of this Act.
(c) If no tax revenues of a State or of any political subdivision of
the State may be expended for the free public education of children
who reside on any Federal property within the State, or if no tax reve-
nues of a State are allocated for the free public education of such chil-
dren, then the property on which such children reside shall not be con-
sidered Federal property for the purposes of section 5 of this Act.
(20 U.S.C. 040) Similar provision enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 526, as Title III, sec. 310 of P.L. 815, 81st Cong. Enacted Aug.
12, 1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 553 as sec. 10 of P.L. 815, 81st
Cong.; amended May 6, 1960, P.L. 86-449, Title IT, sec. 502, 74 Stat. 89; amended
July 21, 1965, P.L. 89-77, sec. 1, 79 Stat. 243; amended Nov. 3, 1966, P.L. 89-750,
Title II, secs. 228, 229, 80 Stat. 1215; amended Jan. 2, 1968, P.L. 90-247, Title II,
sec. 202, 81 Stat. 807.
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WITHHOLDING OF PAYMENTS
SEC. 11. (a) Whenever the Commissioner of Education, after rea-
sonable notice and opportunity for hearing to a local educational
agency, finds (1) that there is a substantial failure to comply with
the drawings and specifications for the project, (2) that any funds
paid to a local educational agency under this Act have been diverted
from the purposes for which paid, or (3) that any assurance given in
an application is not being or cannot be carried out, the Commissioner
may forthwith notify such agency that no further payment will be
made under this Act with respect to such agency until there is no
longer any failure to ~comply or the diversion or default has been
corrected or, if coitipliance or correction is impossible. until such
agency repays or arranges for the repayment of Federal moneys which
have been diverted or improperly expended.
(b) The final refusal. of the Commissioner to approve part or all
of any application underthis Act, and the Commissioner's final action
under subsection (a) of this section, shall be subject to judicial review
on the record, in the United States court of appeals for the circuit
in which the local educational agency is located, in accordance with
the provisions of the Administrative Procedure Act.
(20 U.S.C. 641) Provision similar to subsection (a) enacted Aug. 8. 1953,
P.L. 246, 83d Cong., sec. 1, 67 Stat. 526 as Title III. sec. 311 of P.L. 815. 81st
Cong. Enacted Aug. 12, 1958, P.L. 85-620, Title I, sec. 101. T2 Stat. 554 as sec.
11 of P.L. 815, 81st Cong.
ADMINISTRATION
SEC. 12.
(b) The Commissioner of Education shall administer this Act, and
he may make such regulations and perform such other functions ~as
he finds nccesary to carry out the provisions of this Act.
(c) The Commisioner shall include in his annual report to the Con-
gress a full report of the administration of his functions under this
Act, including a detailed statement of receipts and disbursements.
(20 U.S.C. 642) Similar provision enacted Sept. 23. 1950. P.L. 815. 81st Cong.,
Title II, sec. 208, 64 Stat. 975. Enacted Aug. 12, 1958, P.L. 85-620. Title I. sec.
101, 72 Stat. 554, as sec. 12 of P.L. 815, 81st Cong.; subsections (a) and (d)
repealed April 13, 1970, P.L. 91-230, Title IV, sec. 401 (f) (3) and (g) (4), 84
Stat. 173, 174, and superseded by secs. 422 and 423 of P.L. 90-247, as amended
(20 U.S.C. 1232a, 1232b).
USE OF OTHER FEDERAL AGENCIES TRANSFER AND AVAILABILITY OF
APPROPRIATIONS
SEC. 13.
(b) All Federal departments or agencies administering Federal
property on which children reside, and all such departments or agen-
cies princinally responsible for Federal activities which may give rise
to a need for the construction of school facilities. shall to the maximum
extent practicable, comply with requests of the Commissioner for in-
formation lie may require in carrying out the purposes of this Act.
(c) No appropriation to any department or agency of the United
States, other than an appropriation to carry out this Act. shall be
available for the same purpose as this Act; except that nothing in this
subsection shall affect the availability of appropriations authorized.
PAGENO="0239"
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prior to September 23, 1950, for the construction of school facilities
to be attended by Indian children, or appropriations (1) for the con-
struction of school facilities on Federal property under the control of
the Atomic Energy Commission, (2) for the construction of school
facilities which are to be federally operated for Indian children, or
(3) for the construction of school facilities under the Alaska Public
Works Act, approved August 24, 1949.
(20 U.S.C. 643) Similar provisions enacted Sept. 23, 1950, P.L. 815, 81st Cong.,
Title I, sec. 105, and Title II, sec. 209, 64 Stat. 969, 975. Enacted Aug. 12, 1958,
P.L. 85-620, Title I, sec. 101, 72 Stat. 554, as sec. 13 of P.L. 815, 81st Cong.; sub-
section (a) repealed April 13, 1970, P.L. 91-230, Title IV, sec. 401 (c) (3), 84 Stat.
173, and superseded by sec. 411, P.L. 90-247, Title IV, as `amended (20 U.S.C.
1231).
SChOOL CONSTRUCTION ASSISTANCE IN OTHER FEDERALLY AFFECTED AREAS
SEC. 14. (a) If the Commissioner determines with respect to any
local educational agency that-
(1) such agency is providing or, upon completion of the school
facilities for which provision is made herein, will provide free
public education for children who reside on Indian lands, and
whose membership in the schools of such agency has not formed
and will not form the basis for payments under other provisions
of this Act, and that the total number of such children represents
a substantial percentage of the total number of children for
whom such agency provides free public education, or that such
Indian lands constitute a substantial part of the school district
of such local educational agency, or that the total number of such
children who resi.de on Indian lands located outside the school
district of such agency equals or exceeds 100;
* (2) the immunity of such Indian lands to taxation by such
agency has created a substantial and continuing impairment of
its ability to finance needed school facilities;
(3) such agency is making a reasonable tax effort and is exer-
cising due diligence in availing itself of State and other financial
assistance available for the purpose; and
(4) such agency does not have sufficient funds available to it
from other Federal, State, and local sources to provide the mini-
mum school facilities required for free public education of a sub-
stantial percentage of the children in the membership of its
schools,
he may provide the additional assistance necessary to enable such
agency to provide such facilities, upon such terms and in such amounts
(subject to the provisions of this section) as the Commissioner may
consider to be in the public interest; but such additional assistance
may not exceed the portion of the cost of such facilities which the
Commissioner estimates has not been, and is not to be, recovered by
the local educational agency from other sources, including payments
by the United States under any other provisions of this Act or any
other' law. Notwithstanding the. provisions of this subsection, the
Commisisoner may waive the percentage requirement in paragraph
(1) whenever, in his judgment, exceptional circumstances exist which
make such action necessary to avoid inequity and avoid defeating the
PAGENO="0240"
230
purposes of this section. Assistance may be furnished under this sub-
section without regard to paragraph (2) (but. subject to the other
provisions of this subsection and subsection (e)) to any local educa-
tional agency which provides free public education for children who
reside on Indian lands located outside its school district. For purposes
o:t~ this subsection "Indian lands" means Indian reservations or other
real property referred to in the second sentence of section 15(1).
(b) If the Commissioner determines with respect to any local
educational agency that-
(1) such agency is providin.g or, upon completion of the
school facilities for which proviSion is made herein, will pro-
vide free public education for children who reside on Indian
lands, and whose membership in the schools of such agency has
not formed and will not form the basis for payments under other
provisions of this Act, and that the total number of such chil-
dren represents a substantial percentage of the total number of
children for whom such agency provides free public education,
or that such indian lands constitute a substantial part of the
school district of such local educational agency, or that the total
number of such children who reside on Indian lands located out-
side the school district of such agency equals or exceeds one
hundred; and
(2) the immunity of such Indian lands to taxation by such
agency has created a substantial and continuing impairment of its
ability to finance needed school facilities;
he may, upon such terms and in such amounts (subject to the provisions
of this section) as the Commissioner may consider to be in the public
interest, provide the additional assistance necessary to enable such
agency to provide the minimum school facilities required for free pub-
lie education of children in the membership of the schools of such
agency who reside on Indian lands; but such additional assistance may
not exceed the portion of the cost of constructing such facilities which
the Commissioner estimates has not been, and is not to be~ recovered by
the local educational agency from other sources, including payments
by the United States under any other provisions of this Act or any
other law. Notwithstanding the provisions of t.his subsection, the Com-
missioner may waive the percentage requirement in paragraph (1)
whenever, in his judgment, exceptional circumstances exist which make
such action necessary to avoid inequity and avoid defeating the. pur-
poses of this section. Assistance may be furnished under this subsection
without regard to paragraph (2) (but subject to the other provisions
of this subsection and subsection (e)) to any local educational agency
which provides free public education for children who reside on Indian
lands located outside its school district. For purposes of this subsection
"Indian lands" means Indian reservations or other real property re-
ferred to in the second sentence of section 15(1).
(d)1 There are hereby authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out the provisions of this
section. There are also authorized to be appropriated such sums as
may be necessary for administration of such provisions. Amoi.mts so
Apparent error in P.L. 91-230, sec. 205. Subsection (c) should precede subsection (d)
in this section.
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231
appropriated, other than amouiits appropriated for administration.
shall remain available until expended.
(c) If the Commissioner determines with respect to any local edu-
cational agency-
(1) that (A) such agency is providing or, upon completion
of the school facilities for which provision is made herein, will
provide, free public education for children who are inadequately
housed by minimum school facilities and whose membership in
the schools of such agency has not formed and will not form the
basis for payments under other provisions of this Act, and (B)
the total number of such children represents a substantial per-
centage of the total number of children for whom such agency pro-
vides free public education, and (C) Federal property constitutes
a substantial part of the school district of such agency,
(2) that the immunity of such Federal property from taxation
by such agency has created a substantial and continuing impair-
ment of such agency's ability to finance needed school facilities,
(3) that such agency is making a reasonable tax effort and is
exercising due diligence in availing itself of State and other finan-
cial assistance for the purpose, and
(4) that such agency does not have sufficient funds available
to it from other Federal, State, and local sources to provide the
minimum school facilities required for free public education of a
substantial percentage of the children in the membership of its
schools,
he may provide the assistance necessary to enable such agency to pro-
vide minimum school facilities for children in the membership of the
schools of such agency whom the Commissioner finds to be inadequately
housed, upon such terms and conditions, and in such amounts (subject
to the applicable provisions of this section) as the Commissioner may
consider to be in the public interest. Such assistance may not exceed the
portion of the cost of such facilities which the Commissioner estimates
has not been, and is not to be, recovered by the local educational
agency from other sources, including payments by the United States
under any other provisions of this Act or any other law. Notwithstand-
ing the provisions of this subsection, the Commissioner may waive the
percentage requirement in paragraph (1) whenever, in his judgment,
exceptional circumstances exist which make such action necessary to
avoid inequity and avoid defeating the purposes of this subsection.
(e) No payment may be made to any local educational agency under
subsection (a) or (b) except upon application therefor which is sub-
mitted through the appropriate State educational agency and is filed
with the Commissioner in accordance with regulations prescribed by
him, and which meets the requirements of section 6(b) (1). In deter-
mining the order in which such applications shall be approved, the
Commissioner shall consider the relative educational and financial
needs of the local educational agencies which have submitted approv-
able applications and the nature and extent of the Federal respon-
sibility. No payment may be made under subsection (a) or (b) unless
the Commissioner finds, after consultation with the State and local
educational agencies, that the project or projects with respect to which
it is made are not inconsistent with overall State plans for the con-
44-078 0 - 75 - 16
PAGENO="0242"
232
struction of school facilities. All determinations made by the Com-
missioner under this section shall be made oniy after consultation
with the appropriate State educational agency and the local edu-
cational agency.
(f) Amounts paid by the Commissioner to loca.l educational agen-
cies under subsection (a) or (b) may be paid in advance of. or by way
of reimbursement for, work performed or purchases made pursuant to
the agreement with the Commissioner under this section. and may be
paid in such installments as the Commissioner may determine. Any
funds paid to a local educational agency and not expended or otherwise
used for the purposes for which paid shall be repaid to the Treasury
of the United States.
(g) None of the provisions of sections 1 to 10, both inclusive, other
than section 6(b) (1), shall apply with respect to determinations made
under this section.
(h) It is hereby declared to be the policy of the Congress that the
provision of assistance pursuant to subsections (a) and (b) of this
section shall be given a priority at least equal to that given to payments
made pursuant to section 10 of this Act.
(20 U.S.C. 644) Similar provisions enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 526, as Title IV, sec. 401 of P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 555, as sec. 14 of P.L. 815, 81st Cong.;
amended Oct. 3, 1961, P.L. 87-344, Title I, sec. 101(b), 75 Stat. 759; amended Dec.
18, 1963, P.L. 88-210, Title I, sec. 301(b), formerly sec. 31(b), 77 Stat. 419;
amended Oct. 16, 1964, P.L. 88-665, Title XI, sec. 1101(b), 78 Stat. 1109; amended
Nov. 3, 1966, P.L. 89-750, Title II, sec. 225, 80 Stat. 1214; amended Jan. 2. 1968,
P.L. 90-247, Title II, sec. 203, 81 Stat. 807; redesignated Oct. 16, 1968, P.L. 90-576,
Title I, sec. 101(a) (1), 82 Stat. 1064; amended April 13, 1970, P.L. 91-230, Title
II, secs. 205(a) and 206, 84 Stat. 158, 159.
DEFINITIONS
SEC. 15. For the purposes of this Act-
(1) The term "Federal property" means real property which is
owned by the United States or is leased by the United States, and
which is not subject to taxation by any State or any political subdivi-
sion of a State or by the Districtof Columbia. Except for the purposes
of section 10, such term includes (A) reai property held in trust by
the United States for individual Indians or Indian tribes, and real
property held by individual Indians or Indian tribes which is subject
to restrictions on alienation imposed by the United States. any low-
rent housing (whether or not owned by the United States) which is
part of a low-rent housing project assisted under the United States
Housing Act of 19~7~ and (C) any school which is providing flight
training to members of the Air Force under contractual arrange-
ments with the Department of the Air Force at an airport which
is owned by a State or a political subdivision of a State. Such term
also. includes any interest in Federal property (as defined in the
foregoing provisions of this paragraph) under an easement, lease,
license, permit, or other arrangement, as well as any improvements
of any nature (other than pipelines or utility lines) on such prop-
erty even though such interests or improvements are subject to taxa-
tion by a State or political subdivision of a State or by the District
of* Columbia. Notwithstanding the foregoing provisions of this para-
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graph, such term does not include (A) any real property used for
a labor supply center, labor home, or labor camp for migratory
farm workers and (B) any real property under the jurisdiction of the
Post Office Department and used primarily for the provision of postal
services.
(2) The term "child" means any child who is within the age limits
for which the applicable State provides free public education.
(3) The term "parent" includes a legal guardian or other person
standing in loco parentis.
(4) The term "free public education" means education which is
provided at public expense, under public supervision and direction,
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State.
(5) The membership of schools shall be determined in accordance
with State law or, in the absence of State law governing such a deter-
mination, in accordance with regulations of the Commissioner; except
that, notwithstanding any other provision of this Act, where the local
educational agency of the school district in which any child resides
makes or contracts to make a tuition payment for the free public
education of such child in a school situated in another school district,
for purposes of this Act the membership of such child, shall be held
and considered-
(A) if the two local educational agencies concerned so agree,
and if such agreement is approved by the Commissioner, as mem-
bership of a school of the local educational agency receiving such
tuition payment;
(B) in the absence of any such approved agreement, as mem-
bership of a school of the local educational agency so making of
contracting to make such tuition payment.
In any determination of membership of schools, children who are not
provided free public education (as defined in paragraph (4)) shall
not be counted.
(6) The average per pupil cost of constructing minimum school
facilities in the State in which the school district of a local educational
agency is situated shall be determined by the Commissioner of Edu-
cation on the basis of the contract cost per square food under contracts
for the construction of school facilities (exclusive of costs of site
improvements, equipment, and architectural, engineering, and legal
fees) entered into in the State for the second year of the four year
increase period designated in the application, increased by a percentage
estimated by the Commissioner to represent additional costs for site
improvements, equipment, and architectural, engineering, and legal
fees, and multiplied by a factor estimated by the Commissioner to
represent the area needed per pupil in minimum school facilities. If
the Commissioner finds that the information available for the State
concerned for such preceding fiscal year is inadequate or not suf-
ficiently representative, he shall determine such cost on the basis of
such information as he has available and after consultation with the
State educational agency. The cost of constructing minimum school
facilities in the school district of a local educational agency shall be
determined by the Commissioner, after consultation with the State
and local educational agencies, on the basis of such information as
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may be contained in the application of such local educational agency
and such other information as he may obtain.
(7) Estimates of membership, and all other determinations with
respect to eligibility and maximum amount of payment. shall he made
as of the time of the approval of the application for which made, and
shall be made on the basis of the best information available at the time
of such approval.
(8) The terms "construct", "constructing", and "construction" in-
clude the preparation of drawings and specifications for school facili-
ties; erecting, building, acquiring, altering, remodeling, improving, or
extending school facilities; and the inspection and supervision of the
construction of school facilities.
(~) ~The term "school facilities" includes classrooms and related
facilities; and initial equipment, machinery, and utilities necessary or
appropriate for school purposes. Such term does not include athletic
stadiums, or structures or facilities intended primarily for athletic ex-
hibitions, contents, or games or other events for which admission is to
be charged. to the general public. Exce~pt as used in sections 9 and 10,
such term does not include interests in land and off-site improvements.
(10) Whether or nOt school facilities are minimum school facilities
shall be determined by the Commissioner, after consultation with the
State and local educational agencies, in accordance with regulations
prescribed by him. Such regulations shall (A) require the local educa-
tional agency concerned to give due consideration to excellence of
architecture and design, (B) provide that no facility shall be dis-
qualified as a minimum school facility because of the inclusion of works
of art in the plans therefor if the cost of such works of art does not
exceed 1 per centum of the cost of the project. and (C) require com-
pliance with such standards as the Secretary may prescribe or approve
in order to insure that facilities constructed with the use of Federal
funds under this Act shall be, to the extent appropriate in view of the
uses to be made of the facilities, accessible to and usable by handi-
capped persons.
(11) The term "local educational agency" means a board of educa-
tion or other legally constituted local school authority having admin-
istrative control and direction of free public education in a county,
township, independent, or other school district located within a State.
Such term includes any State agency which directly operates and
maintains facilities for providing free public education or which has
responsibility for the provision of such facilities.
(12) The term "State educational agency" means the officer or
agency primarily responsible for the State supervision of public ele-
mentary and' secondary schools.
(13) The term "State" means a State, Puerto Rico, Guam. the
District of Columbia, American Samoa, the Virgin Islands, or Wake
Island.
(14) The terms "Commissioner of Education" and "Commissioner"
mean the United States Commissioner of Education.
(15) The term "base year" me~ins the third or fourth regular school
year preceding the fiscal year in which an application was filed under
this Act, as may be designated in the application, except that in the
case of an application based on children referred to in paragraph (2)
or (3) of section 5(a), the base year shall in no event be later than
the regular school year 1978-1974; and
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(16) The term "increase period" means the period of four con-
secutive regular school years immediately following such base year.
(20 U.S.C. 645) Similar provisions enacted Sept. 23, 1950, P.L. 815, 81st Cong.,
Title II, sec. 210, 64 Stat. 976. Enacted Aug. 12, 1958, P.L. 85-620, Title I, sec.
101, 72 Stat. 556, as sec. 15 of P.L. 815, 81st Cong.; amended June 25, 1959, P.L.
86-70, sec. 18(c), 73 Stat. 144; amended July 12, 1960, P.L. 86-624, sec. 14(c),
74 Stat. 414; amended Oct. 3, 1961, P.L. 87-344, Title I, sec. 101 (c), 75 Stat.
759; amended Dec. 18, 1963, P.L. 88-210, Title III, sec. 301(c), formerly sec.
31(c), 77 Stat. 419; amended Oct. 16, 1964, P.L. 88-665. Title XI, sec. 1101(c),
(d), 78 Stat. 1109; amended Nov. 3, 1966, P.L. 89-750, Title II, sees. 222 (b),
(c), (d), 230-232, 80 Stat. 1213-1216; amended Jan. 2, 1968, P.L. 90-247, Titles
II, III, sees. 201, 301 (d) (2) 81 Stat. 806, 813; redesignated Oct. 16, 1968, P.L.
90-576, Title I, sec. 101 (a) (1), 82 Stat. 1064; amended April 13, 1970, P.L. 91-
230, Title II, sees. 201(a) (2), 203(a) (1), (2), 84 Stat. 154, 155; amended August
21, 1974, P.L. 93-380, sec. 301(a) (2), 88 Stat. 521.
SCHOOL CONSTRUCTION ASSISTANCE IN CASES OF CERTAIN DISASTERS
SEC. 16. (a) In any case in which-
(1) (A) the Director of the Office of Emergency Planning de-
termines with respect to any local educational agency (including
for the purpose of this section any other public agency which
operates schools I)roViding technical, vocational, or other special
education to children of elementary or secondary school age) that
such agency is located in whole or in part within an area which,
after August 30, 1965, and prior to July 1, 1978, has suffered a
major disaster as the result of any flood, drought, fire, hurricane,
earthquake, storm, or other catastrophe which, in the determina-
tion of the President pursuant to section 2(a) of the Act of Sep-
temnber 30, 1950 (42 U.S.C. 1855a (a)), is or threatens to be of suf-
ficient severity and magnitude to warrant disaster assistance by
the Federal Government; or
(B) the Commissioner determines with respect to any such
agency that public elementary or secondary school facilities (or,
in the case of a public agency other than a local educational
agency, school facilities providing technical, vocational, or other
special education to children of elementary or secondary school
age) of such agency have been destroyed or seriously damaged as
a result of flood, hurricane, earthquake, storm, fire, or other catas-
trophe, except any such catastrophe caused by negligence or ma-
licious action; and
(2) the Governor of the State in which such agency is located
has certified the need for disaster assistance under this section,
and has given assurance of expenditure of a reasonable amount of
the funds of the government of such State, or of any political
subdivision thereof, for the same or similar purposes with respect
to such catastrophe;
and if the Commissioner determines with respect to such agency that-
(3) as a result of such major disaster, (A) public elementary
or secondary school facilities of such agency (or, in the case of
a public agency other than a local educational agency, school
facilities providing technical, vocational, or other special educa-
tion to children of elementary or secondary school-age) have been
destroyed or seriously damaged, or (B) private elementary or
secondary school facilities serving children who reside in the area
PAGENO="0246"
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served by such agency have been destroyed and will not be re-
placed, thereby increasing the need of such agency for school
facilities;
(4) such agency is utilizing or will utilize all State and other
financial assistance available for the replacement or restoration. of
such school facilities;
(5) such agency does not have sufficient funds available to it
from State, local, and other Federal sources (including funds
available under other provisions of this Act). and from the pro-
ceeds of insurance on such school facilities, and requires an
amount of additional assistance equal to at least $1,000 or one-half
of 1 per centum of such agency's current operating expendi-
tures during the fiscal year preceding the one in which such dis-
aster occurred, whichever is less, to provide the minimum school
facilities needed (A) for the restoration or replacement of the
school facilities of such agency so destroyed or seriously damaged
or (B) to serve, in facilities of such agency. children who but for
the destruction of the private facilities referred to in clause (3)
(B) would be served by such private facilities; and
(6) in the case of any such major disaster. to the extent that
the operation of private elementary and secondary schools in the
school attendance area of the local educational agency has been
disrupted or impaired by such disaster. such local educational
agency has complied with the provisions of section 7(a) (4) of
the Act of September 30, 1950 (Public Law 874. Eighty-first Con-
gress), with respect to provisions for the conduct of educational
programs under public auspices and administration in which chil-
dren enrolled in such private elementary and secondary schools
may attend and participate,
the Commissioner may provide the additional assistance necessary to
enable such agency to provide such facilities, upon such terms and in
such amounts (subiect to the provisions of this section) as the Corn-
missioner may consider to be in the public interest: but such additional
assistance, plus the amount which he determines to be. available from
State, local, and other Federal sources (including funds available un-
der other provisions of this Act), and from the proceeds of insurance,
may not exceed the cost of construction incident to the restoration or
replacement of the school facilities destroyed or damaged as a result of
the disaster. For the purpose of the preceding sentence, the phrase
cccost of construction incident to the restoration or replacement of the
school facilities" includes such additional amounts as the Commis-
sioner may approve in order to assure that the facilities, as restored
or replaced, will afford appropriate protection against personal in-
juries resulting from a disaster. In all cases determined pursuant to
clause (1) (B) of this subsection, and in any other case deemed appro-
priate by the Commissioner, such assistance shall be in the form of a
repayable advance subject to such terms and conditions as he considers
to be in the public interest.
(b) There are hereby authorized to be appropriated for each fiscal
year such amounts as may be necessary to carry out the provisions of
this section. Pending such appropriation. the Commissioner may
expend (without regard to subsections (a) and (e) of section 3679 of
the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or
PAGENO="0247"
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hereafter appropriated for expenditure in accordance with other
sections of this Act such sums as may be necessary for immediately
providing assistance under this section, such appropriations to be
reimbursed from the appropriations authorized by this subsection
when made.
(c) No payment may be made to any local educational agency under
subsection (a) except upon application therefor which is~ submitted
through the appropriate State educational agency and is filed with the
Commissioner in accordance with regulations prescribed by him, and
which meets the requirements of section 6(b) (1). In determining the
order in which such applications shall be approved, the Commissioner
shall consider the relative educational and financial needs of the local
educational agencies which have submitted approvable applications.
No payment may be made under subsection (a) unless the Commis-
sioner finds, after consultation with the State and local educational
agencies, that the project or projects with respect to which it is made
are not inconsistent with overall State plans for the construction of
school facilities. All determinations made by the Commissioner under
this section shall be made only after consultation with the appropriate
State educational agency and the local educational agency.
(d) Amounts paid by the Commissioner to local educational agen-
cies under subsection (a) may be paid in advance or by way of
reimbursement and in such installments as the Commissioner may
determine. Any funds paid to a local educational agency and not
expended or otherwise used for the purposes for which paid shall be
repaid to the Treasury of the United States.
(e) None of the provisions of sections 1 to 10, both inclusive, other
than section 6(b) (1), shall apply with respect to this section.
(20 U.S.C. 646) Enacted Nov. 1, 1965, P.L. 89-313, sec. 1, 79 Stat. 1158;
amended Jan. 2, 1968, P.L. 90-247, Title II, sec. 217, 81 Stat. 810; amended
April 13, 1970, P.L. 91-230, Title H, sec. 201(c), 84 Stat. 154; amended August 21,
1974, P.L. 93-380, sec. 301(b), 88 Stat. 521; amended August 21, 1974, P.L. 93-380,
sec. 302(b), 88 Stat. 522.
SPECIAL BASE CLOSING PROVISION
SEC. 17. In determining the payment to be made to a local educa-
tional agency under this Act the Commissioner shall disregard the
announcement, made November 19, 1964, of a decrease in or cessation
of Federal activities in certain areas, and shall carry out such Act
as if such announcement had not been made.
(20 U.S.C. 647) Enacted Nov. 1, 1965, P.L. 89-313, sec. 3, 79 Stat. 1161.
NATIONAL DEFENSE EDUCATION ACT OF 1~58
Titles I, [II, V-A, and X
(P.L. 85-864)
AN ACT To strengthen the national defense and to encourage and assist in the
expansion and improvement of educational programs to meet critical national
needs; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United State$ of America in Congress assembled, That this Act, di-
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2~8
vided into titles and sections according to the following table of
contents, may be cited as the "National Defense Education Act of
1958".
TITLE I-GENERAL PROVISIONS
FINDINGS AND DECLARATION OF POLICY
SEc. 101. The Congress hereby finds and declares that the security
of the Nation requires the fullest development of the mental resources
a.nd technical skills of its young men and women. The present emer-
gency demands that additional and more adequate educational oppor-
tunities be made available. The defense of this Nation depends upon
the mastery of modern techniques developed from complex scientific
principles. It depends as well upon the discovery and development
of new principles, new techniques, and new knowledge.
We must increase our efforts to identify and educate more of the
talent of our Nation. This requires programs that will give assurance
that no student of ability will be denied an opportunity for higher
education because of financial need; will correct as rapidly as pos-
sible the existing imbalances in our educational programs.
The Congress reaffirms the principle and declares that the States
and local communities have and must retain control over and primary
responsibility for public education. The national interest requires,
however, that the Federal Government give assistance to education for
programs which are important to our defense.
To meet the present educational emergency requires additional ef-
fort at all levels of government. It is therefore the purpose of this
Act to provide substantial assistance in various forms to individuals,
and to States and their subdivisions, in order to insure trained man-
power of sufficient quality and quantity to meet the national defense
needs of the United States.
(20 U.S.C. 401) Enacted Sept. 2, 1958, P.L. 85-864, Title I, see. 101, 72 Stat.
1581; amended Oct. 16, 1964, P.L. 88-665, Title I, sec. 101, 78 Stat. 1100.
Section 102 repealed by sec. 401(f) (2) of Title IV of P.L. 91-230 and replaced
by sec. 422 of P.L. 90-247 as amended by sec.401(a) (10) of Title IV, P.L. 91-230
(20 U.S.C. 1232a).
DEFINITIONS
SEC. 103. As used in this Act-
(a) The term "State" means a State, Puerto Rico, the District of
Columbia, the Canal Zone, Guam, American Samoa. t.he Virgin Is-
lands, and, for the purposes of titles 11,111, and V~ the Trust Territory
of the Pacific Islands, except that as used in sections 302 and 502, such
term does not include Puerto Rico, the Canal Zone, Guam, American
Samoa, the Virgin Islands, or the Trust Territory of the Pacific
Islands.
(b) The term "institution of higher education" means an educa-
tional institution in any State which (1) admits as regular students
only persons having a certificate of graduation from a school pro-
vld1ng secondary education, or the recognized equivalent of such
certificate, (2) is legally authorized within such State to provide a
program of education beyond secondary education, (3) provides an
educational program for which it awards a bachelor's degree or pro-
vides not less than a two-year program which is acceptable for full
PAGENO="0249"
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credit toward such a degree, (4) is a public or other nonprofit insti-
tution, and (5) is accredited by a nationally recognized accrediting
agency or association approved by the Commissioner for this purpose
or, if~ not so accredited, (A) is an institution with respect to which
the Commissioner has determined that there is satisfactory assurance,
considering the resources available to the institution, the period of
time, if any, during which it has operated, the effort it is making to
meet accreditation standards, and the purpose for which this~ deter-
mination is being made, that the institution will meet the accreditation
standards of such an agency or association within a reasonable time,
or (B) is an institution whose credits are accepted on transfer by not
less than three institutions which are so accredited, for credit on the
same basis as if transferred from an institution so accredited. For
purposes of title II, such term includes any school of nursing as de-
fined in subsection (1) of this section; any proprietary institution of
higher education (as defined in section 461 (b) of the Higher Education
Act of 1965) which includes in its agreement under section 204 of such
title such terms and conditions as the Commissioner determines to be
necessary to insure that the availability of assistance to students at the
school under such title has not, and will not, increase tuition, fees,
or other charges to such students; and any school which provides not
less than a one-year program of training to prepare students for gain-
ful employment in a recognized occupation and which meets the provi-
sions of clauses (1), (2), (4), and (5). If the Commissioner determines
that a particular category of such schools does not meet the require-
ments of clause (5) (but meets the requirements of clause (4)) because
there is no nationally recognized accrediting agency or association
qualified to accredit schools in such category, he shall, pending the
establishment of such an accrediting agency or association, appoint an
advisory committee, composed of persons specially qualified to evaluate
training provided by schools in such category, which shall (i) prescribe
the standards of content, scope, and quality which must be met in order
to qualify schools in such category to participate in the student loan
program under title II, and (ii) determine whether particular schools
not meeting the requirements of clause (5) meet those standards. For
purposes of this subsection, the Commissioner shall publish a list of
nationally recognized accrediting agencies or associations which he
determines to be reliable authority as to the quality of training offered.
(c) The term "Commissioner" means the Commissioner of Edu-
cation.
(d) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(e) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public, elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated by
the governor or by State law.
(f) The term "school-age population" means that part of the popu-
lation which is between the ages of five and seventeen, both inclusive,
and such school-age population for the several States shall be deter-
mined by the Commissioner on the basis of the population between
such ages for the most recent year for which satisfactory data are
available from the Department of Commerce.
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(g) The term "elementary school" means a school which provides
elementary education, as determined under State law or, if such school
is not in any State, as determined by the Commissioner.
(h) The term "secondary school" means a school which provides
secondary education, as determined under State law or, if such school
is not in any State, as determined by the Commissioner, except that it
does not include any education provided beyond grade 12. For the
purposes of sections ~01 through 304, the term "secondary school" may
include a public junior college, as determined under State law or. if
such school is not in any State, as determined by the Commissioner.
(i) The term "public" as applied to any school or institution in-
cludes a school or institution of any agency of the United States,
except that no such school or institution shall be eligible to receive any
grant, loan, or other payment under this Act.
(j) The term' "nonprofit", as applied to a school or institution, means
a school or institution owned and operated by one or more nonprofit
corporations or associations no part of the net earnings of which in-
ures, or may lawfully inure, to the benefit of any private shareholder
or individual, and for the purposes of part A of title V, includes a
school of any agency of the United States.
(k) The term "local educational agency" means a board of educa-
tion or other legally constituted local school authority having athrnn-
istrative control and direction of public elementary or secondary
schools in a city, county, township. school district, or political sub-
division in a State, or any other public institution or agency having
administrative control and direction of a public elementary or sec-
ondary school.
(1) The term "school of nursing" means a public or other nonprofit
collegiate or associate degree school of nursing.
(m) The term "collegiate school of nursing" means a department,
division, or other administrative unit in a college or university which
provides primarily or exclusively an accredited program of education
in professional nursing and allied subjects leading to the degree of
bachelor of arts, bachelor of science, bachelor of nursing, or to an equiv-
alent degree, or to a graduate degree in nursing.
(n) The term "associate degree school of nursing" means a depart-
ment, division, or other administrative unit in a junior college, com-
munity college, college, or university which provides primarily or ex-
clusively an accredited two-year program of education in professional
nursing and allied subjects leading to an associate degree in nursing
or to an equivalent degree.
(o) The term "accredited" when applied to any proaram of nurse
education means a program accredited by a recognized body or bodies
approved for such purpose by the Commissioner of Education.
(20 U.S.C. 403) Enacted Sept. 2, 1958, P.L. 85-864, Title I. sec. 103, 72 Stat.
1582; amended June 25, 1959, P.L. 86-70, sec. 18(a) (1), 73 Stat. 144; amended
July 12, 1960; P.L. 86-624, sec. 14(a) (1), 74 Stat. 413; amended Dec. 18. 1963,
P.L. 88-210, sec. 21, 77 Stat. 415; amended 88-665, Title I. secs. 102. 103, 78 Stat.
1100; amended Nov. 8, 1965, P.L. 89-329 Title IV, sec. 461. 79 Stat. 1251; amended
Nov. 3,: 1966, P.L. 80-752,sec. 16(b), 80 Stat. 1245; amended Oct. 16. 1968, P.L.
90-575, Title I, sec. 174, 82 Stat. 1035.
* * * * *
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TITLE Ill-FINANCIAL ASSISTANCE FOR STRENGTHEN-
ING INSTRUCTION IN SCIENCE, MATHEMATICS, MOD-
ERN FOREIGN LANGUAGES, AND OTHER CRITICAL
SUBJECTS
PART A-GRANTS TO STATES
APPROPRIATIONS AUTHORIZED
SEC. 301. There are hereby authorized to be appropriated $70,000,000
for the fiscal year ending June 30, 1959, and for each of the five suc-
ceeding fiscal years, $90,000,000 for the fiscal year ending June 30,
1965, and $100,000,000 for the fiscal year ending June 30, 1966, and for
the succeeding fiscal year, $110,000,000 for each of the fiscal years end-
ing June 30, 1968, and June 30, 1969, $120,500,000 for the fiscal year
ending June 30, 1970, and $130,500,000 for each of the fiscal years end-
ing prior to June 30, [1977,] for (1) making payments to State educa-
tional agencies under this title for the acquisition of equipment and for
minor remodeling, described in paragraph (1) of section 303(a), and
(2) making loans authorized in section 305. There are also authorized
to be appropriated $5,000,000 for the fiscal year ending June 30, 1959,
and for each of the five succeeding fiscal years, and $10,000,000 for each
of the succeeding fiscal years ending prior to July 1, [1977,] for making
payments to State educational agencies under this part to carry out the
programs described in paragraph (5) of section 303 (a). Notwithstand-
ing the preceding two sentences, no funds are authorized to be appro-
priated for obligation during any year for which funds are available
for obligation for carrying out part B of title IV of the Elementary
and Secondary Education Act of 1965.
(20 U.S.C. 441) Enacted Sept. 2, 1958, P.L. 85-864, Title II, sec. 301, 72 Stat.
1588; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 202(a), 75 Stat. 760;
amended Dec. 18, 1963, P.L. 88-210, sec. 23(a), 77 Stat. 416; amended Oct. 16,
1964, P.L. 88-665, Title III, sec. 302, 78 Stat. 1103; amended Nov. 8, 1965, P.L.
89-329, sec. 467(a) (a), 79 Stat. 1254; amended Nov. 3, 1966, P.L. 89-752, sec.
82 Stat. 1052-1053; amended April 13, 1970, P.L. 91-230, sec. 807(a) (3), 84
Stat. 192; amended June 23, 1972, P.L. 92-318, sec. 502, 86 Stat. 345, 346; amended
August 21, 1974, P.L. 93-380, sec. 651, 88 Stat. 588.
ALLOTMENTS TO STATES
SEC. 302. (a) (1) From the sums appropriated pursuant to the first
sentence of section 301 for any fiscal year the Commissioner shall re-
serve such amount, but not in excess of 3 per centum thereof, as he may
determine for allotment as provided in section 1008 (A), and such
amount, not in excess of 1 per centum thereof, as he may determine for
allotment as provided in section 1008(B), and shall reserve 12 per
centum for loans authorized in section 305. From the remainder of
such sums the Commissioner shall allot to each State an amount which
bears the same ratio to the amount of such remainder as the product
of-
(A) the school-age population of the State, and
(B) the State's allotment ratio (as determined under para-
graph (2)),
bears to the sum of the corresponding products for all the States.
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(2) The "allotment ratio" for any State shall be 100 per centum less
the product of (A) 50 percentum and (B) the quotient obtained by
dividing the income per child of school age for the State by the income
per child of school age for the United States, except that the allot-
ment ratio shall in no case be less than 331/3 per centum or more than
66% per centum. The allotment ratios shall be promulgated by the
Commissioner between July 1 and August 31 of each even-numbered
year beginning with calendar year 1964, on the basis of the average
of the incomes per child of school age for the States and for the
United States for the three most recent consecutive years for which
satisfactory data are available from the Department of Commerce.
Each such promulgation shall be conclusive for each of the two fiscal
years in the period July 1 next succeeding such promulgation, except
that the ratios promulgated in 1959 shall be conclusive for each of the
five fiscal years in the period beginning July 1, 1960, and ending June
30, 1965.
(3) For the purposes of this part-
(A) The term "child of school age" means a member of the
population between the ages of five and seventeen, both inclusive.
(B) The term "United States" means the fifty States and the
District of Columbia.
(C) The term "income per child of school age" for any State
or for the United States means the total personal income for the
State and the United States, respectively, divided by the number
of children~ of school age in such State and in the United States,
respectively.
(b) From the sums appropriated pursuant to the second sentence
of section 301 for any fiscal year the Commissioner shall reserve such
amount, but not in excess of 2 per centum thereof, as he may determine
for allotment as provided in section 1008. From the remainder of such
sums the Commissioner shall allot to each Sta.te an amount which bears
the same ratio to the amount of such remainder as the school-age popu-
lation of such State bears to the total of the school-age populations of
all of the States. The amount allotted to any State under the preceding
sentence for any fiscal year which is less than $50,000 shall be increased
to $50,000, the total thereby required being derived by proportionately
reducing the amount allotted to each of the remaining States under the
preceding sentence, but with such adjustments as may be necessary to
prevent the allotment of any of such remaining States from being
thereby reduced to less than $50,000.
(c) The amount of any State's allotment under subsection (a) of
this section for any fiscal year which the Commissioner determines will
not be required for such fiscal year shall be available for reallotment
from time to time, on such dates during such year as the Commissioner
may fix, to the other States in proportion to the original allotments to
such States under subsection (a) of this section, but with such propor-
tionate amount for any such State being reduced to the extent it ex-
ceeds the sum the Commissioner estimates such State needs and will be
able to use for such year; and the total of such reductions shall be
similarly reallotted among the States whose proportionate amounts
were not so reduced. Any amount reserved for any fiscal year for mak-
ing loans. under section 305 which the Commissioner determines will
not be required for that purpose for such year shall be available for
PAGENO="0253"
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allotment among the States in the manner provided in the preceding
sentence for reallotments. Any amount allotted or reallotted to a State
under this subsection during a year from funds appropriated pursuant
to section 301 shall be deemed part of its allotment under subsection
(a) of this section for such year.
(20 U.S.C. 442) Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 301, 72 Stat.
1588; amended June 25, 1959, P.L. 86-70, sec. 18(a) (2), 73 Stat. 144; amended
July 12, 1960, P.L. 86-624, sec. 14(a) (2), 74 Stat. 413; amended Oct. 3, 1961,
P.L. 87-344, Title II, sec. 202(b), 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210,
sec 23(b), 77 Stat. 416; amended Oct. 16, 1964, Title III, sec. 303, 78 Stat. 1103;
amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 303, 304, 351, 82 Stat. 1053, 1058.
STATE PLANS
SEC. 303. (a) Any State which desires to receive payments under
this part shall submit to the Commissioner, through its State educa-
tional agency, a State plan which meets the requirements of section
1004(a) and-
(1) sets forth a program under which funds paid to the State
from its allotment under section 302(a) will be expended solely
for projects approved by the State educational agency for (A)
acquisition of laboratory and other special equipment (other than
supplies consumed in use), including audiovisual materials and
equipment, and printed and published materials (other than text-
books), suitable for use in providing education in academic sub-
jects in public elementary or secondary schools, or both, and of
testgrading equipment for audiovisual libraries serving such
schools, and such equipment may, if tl1ere exists a critical need
therefor in the judgment of local school authorities, be used when
available and suitable in providing education in other subject
matter, and (B) minor remodeling of laboratory or other space
used for such materials or equipment;
(2) sets forth principles for determining the priority of such
projects in the State for assistance under this part and provides
for undertaking such projects, insofar as financial resources avail-
able therefor make possible, in the order determined by the appli-
cation of such principles;
(3) provides an opportunity for a hearing before the State
educational agency to any applicant for a project under this part;
(4) provides for the establishment of standards on a State level
for laboratory and other special equipment acquired with assist-
ance furnished under this part;
(5) sets forth a program under which funds paid to the State
from its allotment under section 302(b) will be expended solely
for (A) expansion or improvement of supervisory or related serv-
ices in public elementary and secondary schools in the fields of
academic subjects, and (B) administration of the State plan; and
(6) sets forth any requirements imposed upon applicants for
financial participation in projects assisted under this part, includ-
ing any provision for taking into account, in such requirements,
the resources available to any applicant for such participation
relative to the resources for participation available to all other
applicants.
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(b) The Commissioner shall approve any State plan and any moth-
fication thereof which complies with the provisions of subsection (a).
(20 U.S.C. 443) Enacted Sept. 2, 1958, P.L. 85-864, Title III. sec. 303, 72 Stat.
1589; amended Dec. 18, 1963, P.L. 88-210, sec. 23(c), 77 Stat. 417; amended Oct.
16, 1964, P.L. 88-665, Title III, sec. 304; 78 Stat. 1103; amended Nov. 8, 1965, P.L.
89-329, Title IV, sec. 467(a) (1). 79 Stat. 1254; amended Nov. 3, 1966, P.L. 89-752,
sec. 17(a), 80 Stat. 1244; amended Oct. 16, 1968, P.L. 90-515. Title III, sec. 302,
304, 82 Stat. 1052-1053; amended April 13, 1970, P.L. 91-230, sec. 801(a) (1) (2),
84 Stat. 192.
PAYMEI~TS TO STATES
SEC. 304. (a) From a State's allotment for a fiscal year under sec-
tion 302 (a), the Commission shall, from time to time. during the
period such allotment is available for payment as provided in para-
graph (4) of section 302(a), pay to such State an amount equal to
one-half of the expenditures for projects for acquisition of equipment
and minor remodeling referred to in paragraph (1) of section 303 (a)
which are carried out under its State plan approved under section
303(b); except that no State shall receive payments under this sub-
section for any period in excess of its allotments for such period under
section 302(a).
(b) From a State's allotment under section 302(b) for the fiscal
year ending June 30, 1959, the Commission shall from time to time
pay to such State an amount equal to the amount expended by such
State for such year to carry out the program referred to in paragraph
(5) of section 303 (a) under its State plan approved under section
303 (b). From a State's allotment under section 302(b) for the fiscal
year ending June 30, 1960, and for each of the eleven succeeding fiscal
years, such payments shall equal one-half of the amount so expended
under its State plan approved under section 303(b) ; except that no
State shall receive payments under this subsection for any fiscal year
in excess of its allotment under section 302 (b) for that fiscal year.
(20 U.S.C. 444) Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 304, 72 Stat.
1589; amended Oct. 3, 1961, P.L. 87-344, Title II, sec 202(c), 75 Stat. 760;
amended Dec. 18, 1963, P.L. 88-210, sec. 23(d), 71 Stat. 417: amended Oct. 16,
1964, P.L. 88-665, Title III, sec. 305, 78 Stat. 1104; amended Oct. 16, 1968, P.L.
90-575, Title III, sec. 301, 82 Stat. 1052.
LOANS TO NONPROFIT PRIVATE SCHOOLS
SEC. 305. From the sums reserved for each fiscal year for the. pur-
poses of this section under the provisions of section 302 (a.), the Com-
missioner is authorized to make loans to private nonprofit elementary
and secondary schools in any State. Any such loan shall be made only
for the purposes for which payments to State educational agencies
are authorized under the first sentence of section 301, and-
(1) shall be made upon application containing such informa-
tion as may be deemed necessary by the Commissioner;
(2) shall be subject to such conditions as may be necessary to
protect the financial interest of the United States;
(3) shall bear interest at the rate arrived at by adding one-
quarter of 1 per centum per annum to the rate which the Secretary
of the Treasury determines to be equal to the. current average
market yield on outstanding marketable obligations of the
PAGENO="0255"
245
United States with redemption periods to maturity comparable
to the average maturities of such loans as computed at the end of
the fiscal year next preceding the date the application for the loan
is approved and by adjusting the result so obtained to the nearest
one-eighth of 1 per centum; and
(4) shall mature and be repayable on such date as may be
agreed to by the Commissioner and the borrower, but such date
shall not be more than ten years after the date on which such
loan was made.
(20 U.S.C. 455) Enacted Sept. 2, 1958, p.r~. 85-864, Title III, sec. 305, 72 Stat.
1590; amended P.L. 88-665, Title III, sec. 306, 78 Stat. 1104; amended Oct. 16,
1968, P.L. 90-575, Title III, sec. 303, 82 Stat. 1053.
PART B-GRANTS TO LOCAL EDUCATIONAL AGENCIES
APPROPRIATIONS AUTHORIZED
SEC. 311. There are hereby authorized to he appropriated, for
carrying out this part, $84,373,000 for the fiscal year ending June 30,
1969, and $160,000,000 for the fiscal year ending June 30, 1970. For
the fiscal year ending June 30, 1971, there may be appropriated to
carry out the provisions of this part only such amount as the Con-
gress may hereafter authorize by law.
(20 U.S.C. 451) Enacted Oct. 16, 1968, P.L. 90-575, title III, sec. 304, 82 Stat.
1054.
ALLOTMENTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 312. From the sums appropriated pursuant to section 311 for
any fiscal year the Commissioner shall reserve such amount, but not
in excess of 3 per centum thereof, as he may determine for allotment as
provided in section 1008(A). From the remainder of such sums the
Commissioner shall allot to each local educational agency (other than
local educational agencies of States which receive their allotments
under this part as provided in subsection 1008(A)) an amount which
bears the same ratio to the amount of such remainder as the amount
received by such agency from funds appropriated for the preceding
fiscal year for grants under title I of the Elementary and Secondary
Education Act of 1965 (title II of Public Law 874, Eighty-first Con-
gress, as amended) bears to the amount received by all local educa-
tional agencies from such funds for such year.
(20 U.S.C. 452) Enacted Oct. 16, 1908, P.L. 90-575, title III, sec. 304, 82 Stat.
1054.
APPLICATION OP LOCAL EDUCATIONAL AGENCY
SEC. 313. (a) A local educational agency may receive a grant under
this part for any fiscal year only on application therefor approved by
the appropriate State educational agency, upon its determination
(consistent with such basic criteria as the Commissioner may
establish) -
(1) that payments under this part will be used for the ac-
quisition of equipment and materials referred to in section 303 (a)
(1) to be used in programs and projects designed to meet the
special educational needs of educationally deprived children in
PAGENO="0256"
246
school attendance areas having a high concentration of children
from low-income families;
(2) that, to the extent consistent with the number of education-
ally deprived children in the school district of the local educational
agency who are enrolled in private elementary and secondary
schools, such agency has made provision for including special
educational services and arrangements (such as dual enrollment,
educational radio and television, and mobile educational services
and equipment) which will afford such children the benefits of the
equipment and materials provided under this part;
(3) that the local educational agency has provided satisfactory
assurance that the control of funds provided under this part. and
that title to equipment and materials acquired therewith, shall be
in a public agency for the uses and purposes provided in this part,
and that a public agency will administer such funds and equip-
ment and materials; and
(4) that the local educational agency will make an annual
report and such other reports to the. State educational agency. in
such form and containing such information, as may be reasonably
necessary to enable the State educational agency to perform its
duties under this partS and will keep such records and afford such
access thereto as the State educational aa~enc-y ma~s- find necessary
to assure the correctness and verification of such reports.
(b) The State educational agency shall not finally disapprove in
whole or in part any application for funds under this part without
first affording the local educational agency submitting the application
reasonable notice and opportunity for a hearing.
(20 P.5.0. 453) Enacted Oct. 16 1968, P.L. 90-575, Title III, sec. 304, 82 Stat.
1054-1055.
STATE APPLICATION
SEc. 314. (a) Any State desiring to participate under this part
shall submit through its State educational agency to the Commissioner
an- application, in such detail as the Commissioner deems necessary,
which provides satisfactory assurance-
(1) that payments under this part will be used only for pro-
grams and projects which have been approved by the State edu-
cational agency pursuant to section 313, and-that such agency will
in all other respects comply with the provisions of this part, in-
cluding the enforcement of any obligations imposed upon a local
educational agency under section 313.
(2) that such fiscal control and fund accounting procedures
will be adopted as may be necessary to assure proper disbursement
of, and accounting for, funds paid to the State (including such
funds paid by the State to local educational agencies) under this
part ;~and -
(3) that the State educational agency will make to the Corn-
missioner such reports as may be reasonably necessary to enable
the Commissioner to perform his duties under this part (includ-
ing such reports as he may require to determine the amounts
which local educational agencies of that State are eligible to re-
ceive for any fiscal year). and assurance that such agency will
keep such records and afford such access thereto as the Commis-
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247
sioner n~ay find necessary to assure the correctness and verification
of such reports.
(b) An application submitted under this section shall be deemed a
State plan for the purposes of sections 1004 and 1005.
(20 U.S.C. 454) Enacted Oct. 16, 1968, P.L. 90-575, Title III, sec. 304, 82 Stat.
1055.
PAYMENTS
SEc. 315. (a) The Commissioner shall, from time to time pay to
each State, in advance or otherwise, the amount which the local educa-
tional agencies of that State are eligible to receive under this part.
Such payments shall take into account the extent (if any) to which
any previous payment to such State educational agency under this
part (whether or not in the same fiscal year) was greater or less than
the amount which should have been paid to it.
(b) From the funds paid to it pursuant to subsection (a) each State
educational agency shall distribute to each local educational agency of
the State which has submitted an application approved to pursuant
to section 313 (a) the amount for which such application has been
approved, except that this amount shall not exceed its allotment for
the fiscal year under section 312.
(20 U.S.C. 455) Enacted Oct. 16, 1968, Title III, sec. 304, 82 Stat. 1055.
* * * * * *
TITLE V-GTJIDANCE, COUNSELING, AND TESTING;
IDENTIFICATION AND ENCOURAGEMENT OF ABLE
STUDENTS 1
PART A-STATE~ PROc~RAMS
APPROPRIATIONS AUTHORIZED
SEC. 501. There are hereby authorized to be appropriated $15,000,-
000 for the fiscal year ending June 30, 1963, $17,500,000 for the fiscal
year ending June 30, 1964, $24 million for the fiscal year ending June
30, 1965, $24,500,000 for the fiscal year ending June 30, 1966, $30 mil-
lion for each of the 2 succeeding fiscal years, $25 million for the fiscal
year ending June 30, 1969, $40 million for the fiscal year ending June
30, 1970, and $54 million for the fiscal year ending June 30, 1971, for
making grants to State educational agencies under this part to assist
them to establish and maintain programs of testing and guidance and
counseling.
(20 U.S.C. 481) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 501, 72 Stat.
1592; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 204, 75 Stat. 760; amended
Dec. 18, 1963, P.L. 88-210, sec. 25(a), 77 Stat. 417; amended Oct. 16, 1964, P.L.
88-665, Title V, sec. 502, 78 Stat. 1105; amended Oct. 16, 1968, P.L. 90-575, Title
III, sec. 321, 82 Stat. 1057.
`Title III, section 303 (a) of the Elementary and Secondary Education Act, as amended
Apr. 13, 1971, by section 131 of P.L. 91-230 reads:
"It is the purpose of this title to combine within a single authorization, subject to the
modifications imposed by the provisions and requirements of this title, the programs for-
merly authorized by this title and title V-A of the National Defense Education Act of
1958, and except as expressly modified by this title, Federal funds may be used for the same
purposes and the funding of the same types of programs previously authorized by those
titles."
44-078 0 - 75 - 17
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248
ALLOTMENTS TO STATES
SEC. 502. (a) From the sums appropriated pursuant to section 501
for any fiscal year the Commissioner shall reserve such amount, but
not in excess of 3 per centum thereof. as he may determine for allot-
ment as provided in section 1008 (A). and such amount. not. in excess
of 1 per centum thereof, as he may determine for aflotment as provided
in section 1008(B). From the remainder of such sums the Commis-
sioner shall allot to each State an amount which bears the same ratio
to the amount of such remainder as the school-age population of such
State bears to the total of the. school-age populations of all of the
States. The amount allotted to any State under the preceding sentence
for any fiscal year which is less than $50.000 shall be increased to
$50,000, the total of increases thereby required being derived by pro-
portionately reducing the amount allotted to each of the remaining
States under the preceding sentence, but with such adjustments as may
be necessary to prevent the allotment of any such remaining States
from being thereby reduced to less than $50,000.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be re-
quired for such fiscal year for carrying out the State plan (if any)
approved under this title shall be available for reallotment from time
to time, on such dates during such year as the Commissioner may fix,
to other States in proportion to the original allotments to such States
under such subsection for such year, but with such proportionate
amount for any of such States being reduced to the extent it exceeds
the sum the Commissioner estimates such State needs and will br~ able
to use for such year for carrying out the State plan; and the total of
such reductions shall be similarly reallotteci among the States whose
proportionate amounts were not so reduced. Any amount reallotted to
a State under this subsection during a year from funds appropriated
pursuant to section 501 shall be deemed part of its allotment under
subsection (a) for such year.
(20 U.S.C. 482) Enacted Sept. 2, 1958, P.L. 85-864. Title V. sec. 501. 72 Stat.
1592; amended Dec. 18, 1963, P.L. 88-210, sec. 25(b). 77 Stat. 1105; amended
Oct. 16, 1968, P.L. 90-575, Title III, sec. 351, 81 Stat. 1058.
STATE PLANS
SEC. 503. (a) Any State which desires to receive payments under
this part shall submit to the Commissioner, through its State educa-
tional agency, a State plan which meets the requirements of section
1004 (a) and sets forth-
(1) a program for testing students in the public elementary and
secondary schools of such State or in the public junior colleges and
technical institutes of such State. and. if authorized by law, in
other elementary and secondary schools and in other junior col-
leges and technical institutes in such State. to identify students
with outstanding aptitudes and ability, and the means of test-
ing which will be utilized in carrying out such program; and
(2) a program of guidance and counseling at the appropriate
levels in the public elementary and secondary schools or public
junior colleges and technical institutes of such State (A) to ad-
PAGENO="0259"
249
vise students of courses of study best suited to their ability, apti-
tudes, and skills, (B) to advise students in their decisions as to
the type of educational program they should pursue, the vocation
they should train for and enter, and the job opportunities in the
various fields, and (C) to encourage students with outstanding
aptitudes and ability to complete their secondary school educa-
tion, take the necessary courses for admission to institutions of
higher education, and enter such institutions and such programs
may include, at the discretion of such State agency, short-term
sessions for persons engaged in guidance and counseling in the ele-
mentary and secondary schools, junior colleges, and technical
institutes in such State.
(b) The Commissioner shall approve any State plan and any modi-
fication thereof which complies with the provisions of subsection (a).
(20 U.S.C. 483) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 501, 72 Stat.
1592; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 204(b), (c), 75 Stat. 760;
amended Dec. 18, 1963, P.L. 88-210, sec. 25(d), 77 Stat. 418; amended Oct. 16,
1964, P.L. 88-665, Title V, sec. 503, 78 Stat. 1105; amended Oct. 16, 1968, P.L.
90-575, Title III, sec. 321, 82 Stat. 1057.
PAYMENTS TO STATES
SEc. 504. (a) Payment under this part shall be made to those State
educational agencies which administer plans approved under section
503. For the fiscal year ending June 30, 195~, such payments shall equal
the amount expended by the State in carrying out its State plan, and
for the fiscal year ending June 30, 1960, and for each of the succeeding
fiscal years, such payments shall equal one-half of the amount so ex-
pended, including amounts expended under the State plan for State
supervisory or related services in public elementary or secondary
schools in the fields of guidance, counseling, and testing, and for ad-
ministration of the State plan, except that no State educational agency
shall receive payment under this part for any fiscal year in excess of
that State's allotment for that fiscal year as determined under sec-
tion 502.
(b) In any State which has a State plan approved under section 503
and in which the State educational agency is not authorized by law to
make payments to cover the cost of testing students in any one or more
elementary or secondary schools, or junior colleges or technical insti-
tutes, in such State to determine student abilities and aptitudes, the
Commissioner shall arrange for the testing of such students and shall
pay the cost thereof for the fiscal year ending June 30, 1959, and one-
half of the cost thereof for any of the succeeding fiscal years out of
such State's allotment. Testing of students pursuant to this subsection
shall, so far as practicable, be comparable to, and be done at the same
grade levels and under the same conditions as in the case of, testing of
students in public schools under the State plan.
(20 U.S.C. 484) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 504, 72 Stat.
1592; amended Oct. 3, 1961, P.L. 87-344. Title II, sec. 204(b), (c), 75 Stat. 760;
amended Dec. 18, 1963, P.L. 88-210, sec. 25(d), 77 Stat. 418; amended Oct. 16,
1964, P.L. 88-665, Title V, sec. 503, 78 Stat. 1105; amended Oct. 16, 1968, P.L.
90-~575, Title III, sec. 321, 82 Stat. 1057.
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DEFINITIONS
SEc. 505. For the purposes of this title, the term "junior colleges or
technical institutes" means (1) institutions of higher education which
are organized and administered principally to provide a two-year pro-
gram which is acceptable for full credit toward a bachelor's degree. and
(2) institutions which meet the requirements of clauses (1), (2). (4),
and (5) of section 103(b) and are organized and administered prin-
cipally to provide a two-year program in engineering. mathematics. or
the physical or biological sciences which is designed to prepare the
student to work as a technician and at a semiprofessional level in engi-
neering, scientific, or other technological fields which require the
understanding and application of basic engineering, scientific. or
mathematical principles or knowledge, and, if a branch of an institu-
tion of higher education offering four or more years of higher educa-
tion, is located in a community different from that in which its pnrei~t
institution is located.
(20 U.S.C. 485) Enacted Oct. 16, 1064. P.L. 88-665. Title V. sec. 504, 78 Stat.
1106.
* * * *
TITLE X-MISCELLANEOTJS PROVISIONS
ADMINISTRATION
SEC. 1001.
(c) The Commissioner shall include in his annual report to the
Congress a full report of the activities of the Office of Education
under this Act. including recommendations for needed revisions in
the provisions thereof.
(d) The Secretary shall advise and consult with the heads of de-
partments and agencies of the Federal Government responsible for
the administration of scholarship, fellowship, or other educational
programs with a view to securing full information concerning all
specialized scholarship, fellowship, or other educational programs
administered by or under any such department or agency and to
developing policies and procedures which will strengthen the edu-
cational programs and objectives of the institutions of higher edu-
cation utilized for such purposes by any such department or agency.
(e) Any agency of the Federal Government shall exercise its
functions under any other law in such manner as will assist in carry-
ing out the objectives of this Act. Nothing in this Act shall be
construed as superseding or limiting the authority of any such agency
under any other law.
(f) (1) No part of any funds appropriated or otherwise made avail-
able for expenditure under the authority of this Act shall be used to
make payments or loans to any individual (other than a permanent
resident of the Trust Territory of the Pacific Islands) unless such in-
dividual has taken and subscribed to an oath or affirmation in the fol-
lowing form: "I do solemnly swear (or affirm) that I hear true faith
and allegiance to the United States of America and will support and
defend the Constitution and laws of the United States against all
its enemies, foreign and domestic".
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251
(2) No fellowship or stipend shall be awarded to any individual
under the provisions of title IV or of part A of title VI of this Act
unless such individual has provided the Commissioner (in the case of
applications made on or after October 1, 1962) with a full statement
regarding any crimes of which he has ever been convicted (other than
crimes committed before attaining sixteen years of age and minor
traffic violations for which a fine of $25 or less was imposed) and re-
garding any criminal charges punishable by confinement of thirty
days or more which may be pending against him at the time of his
application for such fellowship or stipend.
(3) The provisions of section 1001 of title 18, United States Code,
shall be applicable with respect to the oath or affirmation required
under paragraph (1) of this subsection and to the statement required
under paragraph (2).
(4) (A) When any Communist organization, as defined in para-
graph (5) of section 3 of the Subversive Activities Control Act of
1950, is registered or there is in effect a final order of the Subversive
Activities Control Board requiring such organization to register, it
shall be unlawful for any member of such organization with knowl-
edge or notice that such organization is so registered or that such order
has become final (i) to make application for any payment or loan
which is to be made from funds part or all of which are appropriated
or otherwise made available for expenditure under the authority of
this Act, or (ii) to use or attempt to use any such payment or loan.
(B) Whoever violates subparagraph (A) of this paragraph shall be
fined not more than $10,000 or imprisoned not more than five years,
or both.
(g) Nothing contained in this Act shall prohibit the Commissioner
from refusing or revoking a fellowship award under title IV of this
Act, in whole or in part, in the case of any applicant or recipient, if
the Commissioner is of the opinion that such award is not in the best
interests of the United States.
(20 U.S.C. 581) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1001, 72 Stat.
1602; amended Oct. 16, 1962, P.L. 87-835, 76 Stat. 1070; amended Oct. 16, 1968;
P.L. 90-575, Title I, sec. 176, 82 Stat. 1035. Subsections (a) and (b) repealed
April 13, 1970, P.L. 91-230, sec. 401 (c) and superseded by sec. 411, P.L. 90-247,
as amended (20 U.S.C. 1233-1233g).
ADMINISTRATION OP STATE PLANS
SEc. 1004. (a) No State plan submitted under one of the titles of
this Act shall be approved by the Commissioner which does not-
(1) provide, in the case of a plan submitted under title III or
under title V, or section 1009 of this title, that the State educa-
tional agency will be the sole agency for administering the plan;
(2) provide that such commission or agency will make such
reports to the Commissioner, in such form and containing such
information, as may be reasonably necessary to enable the Com-
missioner to perform his duties under such title or section and will
keep such records and afford such access thereto as the Commis-
sioner may find necessary to assure the correctness and verifica-
tion of such reports; and
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(3) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the State under such
title or section (including such funds paid by the State to the
local educational agencies).
(b) The Commissioner shall not finally disapprove, any State plan
submitted under this Act, or any modification thereof without first
affording the agency~administering the plan reasonable notice. and op-
portunity for a hearing.
(c) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to the agency administering a State plan approved
under one of the titles of this Act, finds that-
(1) the State plan has been so changed that it no longer com-
plies with the provisions of this Act governing its original ap-
proval, or
(2) in the administration of the plan there is a failure to com-
ply substantially with any such provision, the Commissioner
shall notify such State agency, in the case of a plan submitted
under part A or B of title Ill or under title V or section 1009 of
this title, that no further payments will be made to the State
under such part or title or section (or, in his discretion, further
payments to the State will be limited to programs under or por-
tions of the State plan. not affected by such failure). until he is
satisfied that there will no longer be any failure to comply. Until
he is so satisfied, the Commissioner shall make no further pay-
ments to .such State under such part or title or section. as the case
may be (or shall limit payments to programs under or portions
of the State plan not affected by such failure).
(20 U.S.C. 584) Enacted Sept. 2, 1958, P.L. 85-864, Title X~ sec. 1004, 72 Stat.
1603; amended Oct. 16, 1964, P.L. 88-665, Title VIII. sec. 801. 78 Stat. ll&7;
amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 304,82 Stat. 1055.
JUDICIAL REVIEW
SEC. 1005. (a) If any State is dissatisfied with the Commissioner's
final action with respect to the approval of its State plan submitted
under this Act, or with respect to his final action under section 1004 (c),
such State may, within sixty days after notice of such action. file in
the United States district court for the district in which the capital
of the State is located, a pe.tition to review such action. The petition
for review shall (1) contain a concise statement of the facts upon which
the appeal is based a.nd (2) designate that part of the Commissioner's
decision sought to be reviewed.
(b) Notification of the filing of the petition for review shall be
given by the clerk of the court by. mailing a copy of the petition to the
Commissioner. .
(c) No costs or docket fees shall be charged or imposed with re-
spect to any judicial review proceedings, or appeal therefrom, taken
under this Act.
(d) Upon receipt of the petition for review the Commissioner shall,
within twenty days thereafter, certify and file in the court the record
on review, consisting of the complete transcript of the proceedings
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258
before the Commissioner. No party to such review shall be required,
by rule of court or otherwise, to print the contents of such record
filed in the court.
(e) The court after review may dismiss the petition or deny the
relief prayed for, or may suspend, modify, or set aside, in whole or in
part, the action of the Commissioner, or may compel action unlaw-
fully withheld. The judgment of the court shall be subject to review
as provided in section 1291 and 1254 of title 28 of the United States
Code.
(20 U.S.C. 586) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1005, 72 Stat.
1604.
METHOD OF PAYMENT
SEC. 1006. Payments under this Act to any individual or to any
State or Federal agency, institution of higher education, or any other
organization, pursuant to a grant, loan, or contract, may be made in
installments, and in advance or by way of reimbursement and, in
the case of grants or loans, with necessary adjustments on account of
overpayments or underpayments.
(20 U.S.C. 586) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1006, 72 Stat.
1604.
ADMINISTRATIVE APPROPRIATIONS AUTHORIZED
SEC. 1007. There are hereby authorized to be appropriated for the
fiscal year ending June 30, 1959, and for each fiscal year thereafter,
such sums as may be necessary for the cost of administering the provi-
sions of this Act, including the administrative expenses of State
commissions.
(20 U.S.C. 587) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1007, 72 Stat.
1604.
ALLOTMENTS TO TERRITORIES AND POSSESSIONS
SEC. 1008. The amounts reserved by the Commissioner under Sec-
tions 302, 312, and 502 shall, in accordance therewith, be allotted
among-
(A) Puerto Rico, the Canal Zone, Guam, American Samoa,
the Virgin Islands, and the Trust Territory of the Pacific Islands
according to their respective needs for the type of assistance fur-
nished under the part or title in which the section appears, and
(B) in the case of amounts so reserved under sections 302 and
502, (i) the Secretary of the Interior, according to the need for
such assistance in order to effectuate the purposes of such part
or title in schools operated for Indian children by the Depart-
ment of the Interior, and (ii) the Secretary of Defense according
to the need for such assistance in order to effectuate the purposes
of such part or title in the overseas dependents schools of the De-
partment of Defense. The terms upon which payments for such
purpose shall be made to the Secretary of the Interior and the
Secretary of Defense shall be determined pursuant to such cri-
teria as the Commissioner determines will best carry out the pur-
poses of this title.
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(20 U.S.C. 588) Enacted Sept. 2, 1958. P.L. 85-864, Title X, sec. 1008, 72 Stat.
1605; amended June 25, 1959, P.L. 86-70, sec. 18(a) (3), 73 Stat. 144; amended
July 12, 1960, P.L. 86-624, sec. 14(a) (3), 74 Stat. 413; amended Dec. 18. 1963,
P.L. 88-210, sec. 28(a), 77 Stat. 419; amended Oct. 16. 1968. P.L. 90-575, Title
III, sec. 351, 82 Stat. 1058.
IMPROVEMENT OF STATISTICAL SERVICES OF STATE EDUCATIONAL AGENCIES
SEC. 1009. (a) For the purpose of assisting the States to improve
and strengthen the adequacy and reliability of educational statistics
provided by State and local reports and records and the methods and
techn1ques for collecting and processing educational data and dissemi-
nating information about the condition and progress of education in
the States, there are hereby authorized to he appropriated for the
fiscal year ending June 30, 1959. and each of the nine succeeding fiscal
years, for grants to States under this section. such sums as the Con-
gress may determine.
(b) Grants under this section by the Commissioner shall be equal
to one-half of the cost of State educational agency programs to carry
out the purposes of this section, including (1) improving the collec-
tion, analysis, and reporting of statistical data supplied by local edu-
cational units, (2) the development of accounting and reporting man-
uals to serve as guides for local educational units, (3) the conduct of
conferences and training for personnel of local educational units and
of periodic reviews a.nd evaluation of the program for records and re-
ports, (4) improving methods for obtaining, from other State agencies
within the State, educational data. not collected by the State educa-
tional agency, or (5) expediting the processing and reporting of statis-
tical data through installation and operation of mechanical equip-
ment. The total of the payments to any State under this section for
any fiscal year may not exceed $50,000.
(c) Payments with respect to any program of a State educational
agency under this section may be made (1) only to the extent it is a
new program or an addition to or expansion of an existing program
and (2) only if the State plan approved under subsection (ci) iuchicles
such program.
(d) The Commissioner shall approve an~- State. plan for purposes
of this section if such plan meets the requirements of section 1004(a)
and sets forth the programs proposed to be cariieci out under the plan
and the general policies to be followed in doing so.
(20 U.S.C. 589) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1009, 72 Stat.
1605; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 208, 75 Stat. 761; amended
Dec. 18, 1963, P.L. 88-210, sec. 28(b), 77 Stat. 419; amended Oct. 16, 1964, P.L.
88-665, Title VIII, sec. 802, 78 Stat. 1107.
CLUBS FOR Bogs AND Gn~Ls INTERESTED IN ScIENcE
AN ACT
Be it eracted by the Senate and House of Repiesentatives of the
United States of America in Congress assembled. That in order to
strengthen future scientific accomplishment in our Nation by assisting
in the development of a body of boys and girls with a special interest
in science, there is hereby authorized to be appropriated for the fiscal
year ending June 30, 1959, and for e~tch fiscal year thereafter, such
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sums, not in excess of $50,000, as may be necessary to enable the Com-
missioner of Education to encourage, foster, and assist in the establish-
ment in localities throughout the Nation of clubs which are composed
of boys and girls who have an especial interest in science.
SEC. 2. (a) The Commissioner of Education shall carry out his
duties under the first section with a view to the ultimate chartering by
the Congress of a corporation, similar to the Future Farmers of
America, which will seek to-
(1) develop an interest in science on the part of the young
people of America,
(2) provide an opportunity for the exchange of scientific infor-
mation and ideas among members of the clubs,
(3) encourage the promotion of science fairs at which members
of the clubs may display their scientific works and projects, and
(4) develop an awareness of the satisfactions to be derived
throughout a career devoted to science.
(b) The Commissioner of Education may utilize any of the person-
nel and facilities of the Office of Education in carrying out this Act.
(20 U.S.C. 2 note) Enacted on September 2, 1958, as P.L. 85-875, 72 Stat. 1700.
LEGISLATIVE HISToRY
(P.L. 85-875)
85th Congress-HR. 13191: H. Rept 2643, p. 17931, Aug. 15, 1958; passed House,
p. 18976, Aug. 21, 1958. Passed Senate, p. 19558, Aug. 23, 1958. Approved, p. 19719,
Sept. 2, 1958.
FTTrURE FARMERS OF AMERICA
AN ACT To incorporate the Future Farmers of America, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assem~bled, That the following
persons: William T. Spanton, Washington, District of Columbia;
Dudley M. Clements, College Park, Maryland; Herbert B. Swanson,
Washington, District of Columbia; R. Edward Naugher, Arlington,
Virginia; Elmer J. Johnson, Arlington, Virginia; Rodoiph D. Ander-
son, Columbia, South Carolina; Earl H. Little, Concord, New Hamp-
shire; Bert L. Brown, Olympia, Washington; and Ralph A. Howard,
Columbus, Ohio, are hereby created a body corporate by the name of
Future Farmers of America (hereinafter referred to as the "corpo-
ration") and by such name shall be known and have perpetual suc-
cession and the powers and limitations contained in this Act.
(36 U.S.C. 271) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., Sec. 1, 64 Stat.
563.
SEC. 2. The persons named in the first section of this Act are author-
ized to meet to complete the organization of the corporation by the
selection of officers, the adoption of regulations and bylaws, and the
doing of such other acts as may be necessary for such purpose.
(36 U.S.C. 272) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., Sec. 2, 64 Stat.
563.
SEC. 3. The objects and purposes of the corporation shall be-
(1) to create, foster, and assist subsidiary chapters composed
of students and former students of vocational agriculture in pub-
lic schools qualifying for Federal reimbursement under the Smith-
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256
Hughes Vocational Education Act or the Vocational Education
Act of 1946 (Public Law 347, Sixty-fourth Congress. and Public
Law 586, Seventy-ninth Congress). and associations of such
chapters in the several States and Territories of the United
States;
(2) to develop character, train for useful citizenship. and foster
patriotism, and thereby to develop competent. aggressive, rural
and agricultural leadership;
(3) to create and nurture a love of country life by encouraging
members to improve the farm home and its surroundings, to
develop organized rural recreational activities, and to create more
interest in the intelligent choice of farming occupations;
(4) to encourage the practice of thrift;
(5) to procure for and distribute to State associations, local
chapters, and members all official Future Farmers of America
supplies and equipment;
(6) to publish an official magazine and other publications for
the members of the corporation;
(7) to strengthen the confidence of farm boys and young men
in themselves and their work, to encourage members in the devel-
opment of individual farming programs, and to promote their
permanent establishment in farming by (a) encouraging improve-
ment in scholarship; (b) providing prizes and awards to deserv-
ing students who have achieved distinction in vocational agricul-
ture, including farm mechanics activities on a local. State, or
national basis; and (c) assisting financially, through loans or
grants, deserving students in all-day vocational agriculture classes
and young farmers under thirty years of age who were former
students in all-day vocational agriculture classes in becoming
satisfactorily established in a farming occupation; and
(8) to cooperate with others, including State boards for voca-
tional education, in accomplishing the above purposes; and to
engage in such other activities, consistent with the foregoing pur-
poses, determined by the governing body to be for the best inter-
ests of the corporation.
(36 U.S.C. 273) Enacted Aug. 30, 1950, P.L. 740 81st Cong.. sec. 3, 64 Stat.
563.
SEC. 4. The corporation shall have power-
(1) to sue and be sued, complain, and defend in any c.ourt of
competent jurisdiction;
(2) to adopt, use, and alter a corporate seal;
(3) to choose such officers, managers, agents, and employees
as the business of the corporation may require;
(4) to adopt and alter bylaws and regulations. not inconsistent
with the laws of the United States or any State in which such
corporation is to operate, for the management of its property
and the regulation of its affairs, including the establishment and
maintenance of local chapters and State associations of chapters;
(5) to contract and be contracted with;
(6) to take and hold by lease, gift, purchase, grant, devise, or
bequest any property, real or personal, necessary for attaining
the objects and accomplishing the purposes of the corporationS
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subject to applicable provisions of law of any state (A) govern-
ing the amount or kind of real and personal property which may
be held by, or (B) otherwise limiting or controlling the owner-
ship of real and personal property by, a corporation operating
in such State;
(7) to transfer and convey real or personal property;
(8) to borrow money for the purposes of the corporation, issue
bonds therefor, and secure the same by mortgage, subject to all
applicable provisions of Federal or State law;
(9) to use the corporate funds to give prizes, awards, loans,
and grants to deserving students and young farmers for the pur-
poses set forth in section 3;
(10) to publish a magazine and other publications;
(11) to procure for and distribute to State associations, local
chapters, and members all official Future Farmers of America
supplies and equipment;
(12) to adopt emblems and badges; and
(13) to do any and all acts and things necessary and proper
to carry out the objects and purposes of the corporation.
(36 U.S.C. 274) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 4, 64 Stat. 564.
SEC. 5. The headquarters and principal offices of the corporation
shall be located in the District of Columbia, but the activities of the
corporation shall not be confined to that place but may be conducted
throughout the various States, Territories, and possessions of the
United States. The corporation shall maintain at all times in the Dis-
trict of Columbia a designated agent authorized to accept service of
process for the corporation, such designation to be filed in the office
of the clerk of the United States District Court for the District of
Columbia. Notice to or service upon such agent, or mailed to the busi-
ness address of such agent, shall be deemed sufficient notice or service
upon the corporation.
(36 U.S.C. 275) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 5, 64 Stat. 565.
SEC. 6. Eligibility for membership in the corporation and the rights
and privileges of members shall, except as provided in this Act, be
determined according to the bylaws of the corporation. In the conduct
of official business of any local chapter each member shall have one
vote. In the conduct of the official business of any State association
each qualified delegate of a local chapter shall have one vote.
(36 U.S.C. 275) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 6, 64 Stat. 565.
SEC. 7. (a) The national officers of the corporation shall be a stu-
dent president, four student vice presidents (one from each of four
regions of the United States established in the bylaws for purposes of
administration of the corporation), a student secretary, an executive
secretary, a treasurer, and a national advisor.
(b) The national student officers of the corporation shall comprise
a board of student officers. It shall be the duty of such board to advise
and make recommendations to the board of directors with respect to
the conduct of the activities and business of the corporation.
(c) The national officers of the corporation shall be elected annually
by a majority vote of the delegates assembled in the annual national
convention from among qualified members of the corporation, except
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that the national advisor shall be the Chief of the Agricultural Edu-
cation* Service, Office of Education, Federal Security Agency,' the
executive secretary shall be a member of that service, and the treasurer
shall be an employee or member of a State agency that directs or
supervises a State program of agricultural education under the provi-
sions of the Smith-Hughes Vocational Education Act or the Voca-
tional Education Act of 1946 (Public Law 347, Sixty-fourth Con-
gress, and Public Law 586, Seventy-ninth Congress).
(d) In the conduct of the business of the annual national conven-
tion each qualified delegate shall have one vote.
(36 U.S.C. 276) Enacted Aug. 30, 1950, P.L. 740. 81st Cong., sec. 7, 64 Stat. 565.
SEC. 8. (a) The governing body of the corporation. which shall
exercise the powers herein granted to the corporation. shall be a board
of directors composed of: (1) the Chief of the Agricultural Education
Service, Office of Education, Federal Security Agency,' who shall act
as chairman; (2) four staff members in the Agricultural Education
Service, Office of Education, Federal Security Agency;' and (3) four
State supervisors of agricultural education.
(b) The terms of office of members of the hoard and the method of
selection of such members, other than cx officio members. shall be pre-
scribed by the bylaws of the corporation.
(c) The board shall meet at least once each year at such time and
place as may be prescribed by the bylaws. The annual report of the
board shall be presented at such meeting. Special meetings of the board
may be called at any time by the chairman.
(d) The board may designate the chairman and two members of
his staff as a governing committee which, when the board is not in
session, shall have and exercise the powers of the board subject to its
direction and have the power to authorize the seal of the corporation
to be affixed to all papers which may require it.
(e) The board of directors which shall serve until the first board
is selected as provided in this Act shall be composed of the nine persons
named in the first section of this Act.
(36 U.S.C. 278) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 8, 64 U.S.C. 565.
SEC. 9. (a) No part of the income or assets of the corporation shall
inure to any member, officer, or director, or be distributable, to any
such person except upon dissolution and final liquidation of the corpo-
ration as provided in section 15 of this Act.
(b) The corporation shall not make loans to its officers, directors, or
employees. Any director who votes for or assents to the making of a
loan to an officer, director, or employee of the corporation. and any
officer who iarticinates in the rnakin~ of such a loan shall be jointly
and severally liable to the corporation for the amount of such loan
until the repayment thereof.
(c) This section shall not preclude prizes, awards, grants, or loans
to student officers and members meeting the criteria established by the
board of directors for selecting recipients of such benefits.
(36 U.S.C. 279) Enacted Aug 30, 1950, P.L. 740, 81st Cong., sec. 9. 64 Stat. 566.
1 Fnnctions of Federal Security Agency transferred Apr. ii. 1953 to Denartment of
Health. Education, and Welfare (1953 Reorg. Plan No. 1, sees. 5. 8. 18 FR. 20o3, 6~
Stat. 631). Reorganization plaa reprinted on page 4.
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SEC. 10. The corporation, and its members, officers, and directors,
as such, shall not contribute to or otherwise support or assist any
political party or candidate for elective public office.
(36 U.S.C. 280) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 10, 64 Stat. 566.
SEC. 11. The corporation shall be liable for the acts of its officers
and agents when acting within the scope of their authority.
(36 U.S.C. 281) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 11, 64 Stat. 566.
SEC. 13. The corporation shall keep correct and complete books and
records of account and shall also keep minutes of the proceedings of
its members, the board of directors, and committees having any au-
thority under the board of directors; and it shall also keep a record
of the names and addresses of its members entitled to vote. All books
and records of the corporation may be inspected by any member or
his agent or attorney at any reasonable time.
(36 U.S.C. 283) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 13, 64 Stat. 566.
SEC. 15. Upon final dissolution or liquidation of the corporation
and after the discharge or satisfaction of all outstanding obligations
and liabilities, the remaining assets of the corporation shall be used
by the board of directors for the benefit of students of vocational
agriculture, or be transferred to some recognized educational
foundation.
(36 U.S.C. 285) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 15, 64 Stat.
566.
SEC. 16. The corporation~ and its duly authorized chapter and asso-
ciations of chapters, shall have the sole and exclusive right to use the
name of Future Farmers of America and the initials FFA as repre-
senting an agricultural membership organization and such seals,
emblems, and badges as the corporation may lawfully adopt.
(36 U.S.C. 286) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 16, 64 Stat.
566.
SEC. 17. As a condition precedent to the exercise of any power or
privilege granted to the corporation under this Act, the corporation
shall file in the Office of the Secretary of State, or similar officer, in
each State and in each Territory or possession of the United States
in which subordinate associations or chapters are organized the name,
and post office address of an authorized agent in such State, Territory,
or possession upon whom legal process or demands against the corpo-
ration may be served.
(36 U.S.C. 287) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., sec. 17, 64 Stat.
567.
SEC. 18. The United States Commissioner of Education, with the ap-
proval of the Federal Security Administrator,1 is authorized to make
available personnel, services, and facilities of the Office of Education
requested by the board of directors of the corporation to administer
or assist in the administration of the business and activities of the cor-
poration. The personnel of the Office of Education shall not receive
any compensation from the corporation for their services, except that
travel and other legitimate expenses as defined by the Commissioner
1 See footnote on page 258.
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of Education and approved by the board of directors of the corpora-
tion may be paid. The Commissioner, with the approval of the
Administrator, is also authorized to cooperate with the State boards
for vocational education to assist in the promotion of the activities of
the corporation.
(36 U.S.C. 289) Enacted Aug. 30, 1959, P.L. 740, 81st Cong.. sec. 18. 64 Stat.
567.
SEC. 19. The corporation may acquire the assets of the Future
Farmers of America, a corporation organized under the laws of the
State of Virginia, and of the Future Farmers of America Foundation,
Incorporated, a corporation organized under the laws of the District
of Columbia, upon discharging or satisfactorily providing for the
payment and discharge of all of the liabilities of such corporations.
(36 U.S.C. 289) Enacted Aug. 30, 1950, P.L. 740, 81st Cong.. Sec. 19, 64 Stat.
567.
SEC. 20. The provisions of this Act shall take effect on the filing,
in the office of the clerk of the United States District. Court for the
District of Columbia of affidavits signed by the incorporators named
in the first section of this Act to the effect that the Virginia corpora-
tion known as the Future Farmers of America has been dissolved in
accordance with law, but only if such affidavits are filed within one
year from the date of enactment of this Act.
(36 U.S.C. 290) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., Sec. 20, 64 Stat.
567.
SEC. 21. The right to alter, amend, or repeal this Act is hereby
expressively reserved.
(36 U.S.C. 291) Enacted Aug. 30, 1950, P.L. 740, 81st Cong., Sec. 21, 64 Stat.
567.
Approved August 30, 1950.
PART 111-HIGHER EDUCATION PROGRAMS
Higher Education Act of 1965
(P.L. 89-329)
Be it enacted b~i the Senate and House of Representatives of t/~e
United States of A?meriea in Congress a-ssembied. That this Act may
be cited as the "Higher Education Act of 1965".
TITLE I-COMMUNITY SERVICE AND CONTINUING
EDUCATION PROGRAMS
APPROPRIATIONS AUTHORIZED
SEC. 101. For the purpose of assisting the people of the United
States in the solution of community problems such as housing, poverty,
government, recreation, employment, youth opportunities. transporta-
tion, health, and land use by enabling the Commissioner to make
grants under this title to strengthen community service programs of
colleges and universities, there are authorized to be appropriated
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$10,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for
the fiscal year ending June 30, 1973, $40,000,000 for the fiscal year
ending June 30, 1974, and $50,000,000 for the fiscal year ending June
30,1975.
(20 U.S.C. 1001) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 101, 79 Stat.
1219; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 201, 82 Stat. 1035; amended
June 23, 1972, P.L. 92-318, Title I, sec. 101(a), 86 Stat. 236.
DEFINITION OF COMMUNITY SERVICE PROGRAM
SEC. 102. For purposes of this title, the term "community service
program" means an educational program, activity, or service, includ-
ing a research program and a university extension or continuing edu-
cation offering, which is designed to assist in the solution of com-
munity problems in rural, urban, or suburban areas, with particular
emphasis on urban and suburban problems, where the institution
offering such program, activity, or service determines-
(1) that the proposed program, activity, or service is not other-
wise available, and
(2) that the conduct of the program or performance of the
activity or service is consistent with the institution's over-all edu-
cational program and is of such a nature as is appropriate to the
effective utilization of the institution's special resources and the
competencies of its faculty.
Where course offerings are involved, such courses must be university
extension or continuing education courses and must be-
(A) fully acceptable toward an academic degree, or
(B) of college level as determined by the institution offering
such courses.
(20 U.S.C. 1002) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 102, 79 Stat.
1219.
ALLOTMENTS TO STATES
SEC. 103. (a) From the sums appropriated pursuant to section 101
for any fiscal year which are not reserved under section 106 (a) ,~ the
Commissioner shall allot $25,000 each to Guam, American Samoa, the
Commonwealth of Puerto Rico. and the Virgin Islands and $100,000
to each of the other States, and he shall allot to each State an amount
which bears the same ratio to the remainder of such sums as the popu-
lation of the State bears to the population of all States.
(b' The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be required
for such fiscal year for carrying out the State plan (if any) approved
under this title shall be available for reallotment from time to time, on
such dates during such year as the Commissioner may fix, to other
States in proportion to the original allotments to such States under
such subsection for such year, but with such proportionate amount for
1 Section 102(b) of P.L. 92-318 provides as follows:
(bl The amendments made by the second sentence of paragraph (1) of subsection (a)
and b~ paragraph (2) of such subsection shall be effective after June 30, 1972. and then-
"(1~ only with resuect to apnropriations for title I of the higher Education Act
of 1965 for fiscal years beginning after June 30. i972; and
"(2) only to the extent that the allotment to any State under section 103 (a) of such
title is not less for any fiscal year than the allotment to that State under such section
103 (a) for the fiscal year ending June 30. 1972."
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any of such States being reduced to the extent it exceeds the sum the
Commissioner estimates such State needs and will be able to use for
such year for carrying out the State plan; and the total of such reduc-
tions shall be similarly reallotted among the States whose proportion-
ate amounts were not so reduced. Any amount reallotted to a State
under this subsection during a year from funds appropriated pursuant
to section 101 shall be deemed part of its allotment under subsection
(a) for such year.
(c) In accordance with regulations of the Commissioner, any State
may file with him a request that a specified portion of its allotment
under this title be added to the allotment of another State under this
title for the purpose of meeting a portion of the Federal share of the
cost of providing community service programs under this title. If it
is found by the Commissioner that the programs with respect to which
the request is made would meet needs of the State making the request
and that use of the specified portion of such State's allotment~ as
requested by it, would assist in carrying out the. purposes of this title,
such portion of such State's allotment shall be added to the allotment
of the. other State under this title to be used for the purpose referred
to above.
(d) The population of a State and of all the. States shall be deter-
mined by the Commissioner on the basis of the most recent satisfactory
data available from the Department of Commerce.
(20 1J.S.O~ 1003) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 103, 79 Stat.
1220; amended June 23, 1972, P.L. 92-318, sec. 102(a) (2), 86 Stat. 237.
USES OF ALLOTTED FUNDS
SEC. 104. A State's allotment under section 103 may be used, in ac-
cordance with its State plan approved under section 105(b), to provide
new, expanded, or improved community service programs.
(20 U.S.C. 1004) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 104, 79 Stat.
1220.
STATE PLANS
SEC. 105. (a) Any State desiring to receive its allotment of Federal
funds under this title shall designate. or create a State agency or insti-
tution which has special qualifications with respect to solving com-
munity problems and which i.s broadly representative of institutions
of higher education in the State which are competent to offer conunu-
nity service programs, and shall submit to the Commissioner through
the agency or institution so designated a State plan. If a State desires
to designate for the purpose of this section an existing State agency
or institution which does not meet these requirements. it may do so if
the agency or institution takes such action as may be necessary to
acquire such qualifications and assure participation of such institu-
tions, or if it designates or creates a State advisory council which
meets the requirements not met by the designated agency or institution
to consult with the designated agency or institution in the preparation
of the State plan. A State plan submitted under this title shall be in
such detail as the Commissioner deems necessary and shall-
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(1) provide that the agency or institution so designated or cre-
ated shall be the sole agency for administration of the plan or for
supervision of the administration of the plan; and provide that
such agency or institution shall consult with any State advisory
council required to be created by this section with respect to policy
matters arising in the administration of such plan;
(2) set forth a comprehensive, coordinated, and statewide sys-
tem of community service programs under which funds paid to
the State (including funds paid to an institution pursuant to sec-
tion 107(c)) under its allotments under section 103 will be ex-
pended solely for community service programs which have been
approved by the agency or institution administering the plan
(except that if a comprehensive, coordinated, and statewide sys-
tem of community service programs cannot be effectively carried
out by reason of insufficient funds, the plan may set forth one or
more proposals for community service programs in lieu of a
comprehensive, coordinated, statewide system of such programs);
(3) set forth the policies and procedures to be followed in
allocating Federal funds to institutions of higher education in the
State, which policies and procedures shall insure that due con-
sideration will be given-
(A) to the relative capacity and willingness of particular
institutions of higher education (whether public or private)
to provide effective community service programs;
(B) to the availability of and need for community service
programs among the population within the State; and
(C) to the results of periodic evaluations of the programs
carried out under this title in the light of information regard-
ing current and anticipated community problems in the State;
(4) set forth policies and procedures designed to assure that
Federal funds made available under this title will be so used as
not to supplant State or local funds, or funds of institutions of
higher education, but to supplement and, to the extent practicable,
to increase the amounts of such funds that would in the absence
of such Federal funds be made available for community service
programs;
(5) set forth such fiscal control and fund accounting procedures
as may be necessary to assure proper disbursement of and account-
ing for Federal funds paid to the State (including such funds
paid by the State or by the Commissioner to institutions of higher
education) under this title; and
(6) provide for making such reports in such form and contain-
ing such information as the Commissioner may reasonably require
to carry out his functions under this title, and for kee~ing such
records and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
(b) The Commissioner shall approve any State plan and any modi-
fication thereof which complies with the provisions of subsection (a).
(20 U.S.C. 1005) Enacted Nov. 8, 1965, P.L. 89-329, Title I sec. 105 79 Stat
1220; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 202, 82 Stat. 1036.
44-078 0 - 75 - 18
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SPECIAL PROGRAMS AND PROJtCTS RELATING TO NATIONAL AND REGIONAL
PROBLEMS
SEC. 106. (a) The Commissioner is authorized to reserve from the
sums appropriated pursuant to section 101 for any fiscal year an
amount not in excess of 10 per centum of the sums so appropriated
for that fiscal year for grants pursuant to subsection (b).
(b) (1) From the sums reserved under subsection (a), the Com-
missioner is authorized to make grants to, and contracts with, insti-
tutions of higher ed~ication (and combinations thereof) to assist them
in carrying out special programs and projects, consistent with the
purposes of this title, which are designed to seek solutions to national
and regional problems relating to technological and social changes
and environmental pollution.
(2) No grant or contract under this section shall exceed 90 per-
centum of the cost of the program or project for which application is
made.1
(20 U.S.C. 1005a) Enacted June 23, 1972, P.L. 92-318, sec. 102(a) (1), 86 Stat.
236-237.
PAYMENTS
SEC. 107. (a) Except as provided in subsection (b), payment un-
der this title shall be made to those State agencies and institutions
which administer plans approved under section 105 (b). Payments un-
der this title from a State's allotment with respect to the cost of
developing and carrying out its State plan shall equal 75 per cen-
* turn of such costs for the fiscal year ending June 30, 1966, 75 per
centum of such costs for the fiscal year ending June 30, 1967, 50 per
centum of such costs for the fiscal year ending June 30, 1968, and 662/3
per centurn of such costs for fiscal years ending on or after June 30,
* 1969, except that no payments for any fiscal year shall be made to
any State with respect to expenditures for developing and admin-
istering the State plan which exceed 5 per centum of the costs for
that year for which payment under this subsection may be made to
that State, or $25,000, whichever is the greater. In determining the
cost of developing and carrying out a State's plan, there shall be ex-
cluded any cost with respect to which payments were received under
any other Federal program.
(b) No payments shall be made to any State from its allotments
for any fiscal yea.r unless and until the Commissioner finds that the
institutions of higher education which will participate in carrymg
out the State plan for that year will together have available durmg
that year for expenditure from non-Federal sources for college and
university extension and continuing education programs not Tess than
the total amount actually expended by those institutions for college
and university extension and continuing education programs from
such sources during the fiscal year ending June 30, 1965, plus an
1 Section 102(b) of P.L. 92-318 provides as follows:
(b) The amendments made by the second sentence of paragraph (1) of subsection (a)
and by paragraph (2) of such subsection shall be effective after June 30, 1972, and then-
"(1) only with respect to appropriations for title I of the Higher Education Act
of 1965 for fiscal years beginning after June 30, 1972; and
"(2) `only to the extent that the allotment to any State under section 103 (a) of such
`title Is not less for any fiscal year than the allotment to that State under such section
103(a) for the fiscal year ending June 30. 1972."
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amount equal to not less than the non-Federal share of the costs
with respect to which payment pursuant to subsection (a.) is sought.
(c) Payments to a State under this title may be made in install-
ments and in advance or by way of reimbursement with necessary
adjustments on account of overpayments or underpayments, and they
may be paid directly to the State or to one or more participating in-
stitutions of higher education designated for this purpose by the State,
or to both.
(20 U.S.C. 1006) Enacted Nov. 8, 1065, PL. 80-329, Title I, sec. 106, 79 Stat.
1221; amended Oct. 16, 1968, P.L. 00-575, Title II, sec. 203, 82 Stat. 1036;
renumbered June 23, 1972, P.L. 92-318, Title I, sec. 102 (a) (1), 86 Stat. 236.
ADMINISTRATION OP STATE PLANS
SEC. 108. (a) The Commissioner shall not finally disapprove any
State plan submitted under this title, or any modification thereof,
without first affording the State agency or institution submitting the
plan reasonable noice and opportunity for a hearing.
(b) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to the State agency or institution administering a
State plan approved under section 105 (b), finds that-
(1) the State plan has been so changed that it no longer com-
plies with the provisions of section 105 (a), or
(2) in the administration of the plan there is a failure to
comply substantially with any such provision,
the Commissioner shall notify the State agency or institution that the
State will not be regarded as eligible to participate in the program
under this title until he is satisfied that there is no longer any such
failure to comply.
(20 U.S.C. 1007) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 107, 79 Stat.
1222; renumbered June 23, 1972, P.L. 92-318, sec. 102(a) (1), 86 Stat. 236.
JUDICIAL REVIEW
SEC. 109. (a) If any State is dissatisfied with the Commissioner's
final action with respect to the approval of its State plan submitted
under section 105(a) or with his final action under section 108(b),
such State may, within sixty days after notice of such action, file with
the United States court of appeals for the circuit in which the State
is located a petition for review of that action. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the Corn-
missioner. The Commissioner thereupon shall file in the court the
record of the proceedings on which he based his action, as provided
in section 2112 of title 28, United States Code.
(b) The findings of fact by the Commissioner, if supported by
substantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take -further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of the further proceedings. Such new or modi-
fied findings of fact shall likewise be conclusive if supported by sub-
stantial evidence.
(c) The court shall have jurisdiction to affirm the action of the
Commissioner or to set it aside, in whole or in part. The judgment
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of the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(20 U.S.C. 1008) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 108, 79 Stat.
1222; renumbered June 23, 1972, P.L. 92-318, sec. 102 (a) (1), 86 Stat. 236.
SPECIAL PROGRAMS AND PROJECTS RELATING TO PROBLEMS OF THE ELDERLY
SEC. 110. (a) The Commissioner is authorized to make grants to
institutions of higher education (and combinations thereof) to assist
such institutions in planning, developing, and carrying out, consistent
with the purpose of this title, programs specifically designed to apply
the resources of higher education to the problems of the elderly, par-
ticularly with regard to transportation and housing problems of
elderly persons living in rural and isolated areas.
(b) For purposes of making grants under this section, there are
authorized to be appropriated such sums as may be necessary for the
fiscal year ending June 30, 1973, and each succeeding fiscal year ending
prior to July 1, 1977.
(c) In carrying out the program authorized by this section, the
Commissioner shall consult with the Commissioner of the Adminis-
tration on Aging for the purpose of coordinating, where practicable,
the programs assisted under this section with the programs assisted
under the Older Americans Act of 1965.
(20 U.S.C. 1008-1) Enacted May 3, 1973, P.L. 93-29, sec. 803, 87 Stat. 59.
NATIONAL ADVISORY COtTNCIL ON EXTENSION AND CONTINUING
EDUCATION
SEC. 111. (a) The President shall, within ninety days of enact-
meñt of this title, appoint a National Advisory Council on Extension
and Continuing Education (hereafter referred to as the "Advisory
Council"), consisting of the Commissioner, who shall be Chairman,
one representative each of the Department of Agriculture, Commerce,
Defense, Labor, Interior, State, and Housing and Urban Development.
and the Office of Economic Opportunity, and of such other Federal
agencies having extension education responsibilities as the President
may designate, and twelve members appointed, for staggered terms
and without regard to the civil service laws, by the President. Such
twelve members shall, to the extent possible, include persons knowl-
edgeable in the. fields of extension and continuing education, State
and local officials. and other persons having special lmowledge. experi-
ence, or qualification with respect to community problems~ and persons
representative of the general public. The Advisory Council shall
meet at the call of the Chairman but not less often than twice a year.
(b) The Advisory Council shall advise the Commissioner in the
preparation of general regulations and with respect to policy matters
arising in the administration of this title, including policies and pro-
cedures governing the approval of State plans under section 105 (b),
and policies to eliminate duplication and to effectuate the coordination
of programs under this title and other programs offering extension
or continuing education activities and services.
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(c) The Advisory Council shall review the administration and effec-
tiveness of all fedei~al1y supported extension and continuing education
programs, including community service programs, make recommenda-
tions with respect thereto, and make annual reports, commencing on
March 31, 1967, of its findings and recommendations (including recom-
mendations for changes in the provisions of this title and other Federal
laws relating to extension and continuing education activities) to
the Secretary and to the President. The President shall transmit
each such report to the Congress together with his comments and
recommendations.
(f) In carrying out its functions pursuant to this section, the Ad-
visory Council may utilize the services and facilities of any agency of
the Federal Government, in accordance with agreements between the
Secretary and the head of such agency. Subject to section 448 (b) of
the General Education Provisions Act, the Advisory Council shall
continue to exist through June 30, 1975.
(20 U.S.C. 1009) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 109, 79 Stat.
1223; subsections (d) and (e) repealed April 13, 1970. P.L. 91-320, sec. 401(h)
and superseded by Part C of Title IV of P.L. 90-247 as amended; renumbered
June 23, 1972, P.L. 92-318, sec. 102(a) (1), 86 Stat. 236; renumbered, May 3,
1973, P.L. 93-29, sec. 803, 87 Stat. 54; amended August 21, 1974, P.L. 93-380, sec.
831, 88 Stat. 603.
RELATIONSHIP TO OTHER PROGRAMS
SEC. 112. Nothing in this title shall modify authorities under the
Act of February 23, 1917 (Smith-Hughes Vocational Education Act),
as amended (20 U.S.C. 11-15, 16-28); the Vocational Education Act
of 1946, as amended (20 U.S.C. 15i-15m, l5o-15q, lSaa-lSjj, and
lSaaa-l5ggg); the Vocational Education Act of 1963 (20 U.S.C. 35-
35n; title VIII of the Housing Act of 1964 (Public Law 88-560);
or the Act of May 8, 1914 (Smith-Lever Act), as amended (7 U.S.C.
341-348).
(20 U.S.C. 1010) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec., 110, 79 Stat.
1224; renumbered June 23, 1972, P.L. 92-318, sec. 102 (a) (1), 86 Stat. 236; renum-
bered 1\Iay 3, 1973, P.L, 93-29, sec. 803, 87 Stat. 59.
LIMITATION
SEC. 113. No grant may be made under this title for any educational
program, activity, or service related to sectarian instruction or reli-
gious worship, or provided by a school or department of divinity.
(20 U.S.C. 1011) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 111, 79 Stat.
1224; renumbered June 23, 1972, P.L. 92-318, sec. 102 (a) (1), 86 Stat. 236;
amended June 23, 1972, P.L. 92-318, sec. 131(d) (2), 86 Stat. 260; renumbered
May 3, 1973, P.L. 93-29, sec. 803, 87 Stat. 59.
(NOTE :-Section 103 of P.L. 92-318 provides as follows:)
EVALUATION OF ACTIVITIES
SEc. 103. (a) During the period beginning with the date of enict-
ment of this Act and ending July 1, 1974, the National Advisory
Council on E~etension and Continuing Education, hereafter in this
section referred to as the National Advisory Council, shall conduct
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a review of the programs and projects carried out with assistance
under title I of the Higher Education Act of 1965 prior to July 1,
1973. Such review shall include an evaluation of spec2fic programs and
projects with a view toward ascertaining which of them. show, or have
shown (1) the greatest promise in achieving the purposes of such title,
and (2) the greatest return for the resources devoted to them.. Such
review shall be carried out by direct evaluations by the National Ad-
visory Council, by the use of other agencies, institutions, and groups,
and by the use of independent appraisal units.
(b) Not later than March 31,1973, and March 31, 1975, the National
Advisory Council shall submit to the Committee on. Labor and Public
Welfare of the Senate and the Committee on Education. and Labor of
the House of Representatives a report on. the review conducted pur-
suant to subsection (a). Such report shall include (1) an evaluation
of the program authorised by title I of the Higher Education Act of
1965 and of specific programs and projects assisted through, payments
under such title, (2) a description, and an analysis of programs and
projects which are determined to be most successful, and (3) recoin-
mendations with respect to the means by which the most successful
programs and projects can be expanded and replicated.
(c) Sums appropriated pursuant to section 401 (c) of the General
Education Provisions Act for the purposes of section 402 of such Act
shall be available to carry out the purposes of this section.
TITLE II-COLLEGE LIBRARY ASSISTANCE AND
LIBRARY TRAINING AND RESEARCH 1
COLLEGE LIBRARY PROGRAMS; TRAINING; RESEARCH
SEC. 201. (a) The Commissioner shall carry out a program of finan-
cial assistance-
(1) to assist and encourage institutions of higher education in
the acquisition of library resources, including law library re-
sources, in accordance with part A; and
(2) to assist with and encourage research and training persons
in librarianship, including law librarianship, in accordance with
part B.
(b) For the purpose of making grants under parts A and B, there
are authorized to be appropriated $75,000,000 for the fiscal year ending
June 30, 1973, $85,000,000 for the fiscal year ending June 30, 1974,
and $100,000,000 for the fiscal year ending June 30, 1975. Of the sums
appropriated pursuant to the preceding sentence for any fiscal year,
70 per centum shall be used for the purposes of part A and 30 per
centum shall be used for the purposes of part B, except that the
amount available for the purposes of part B for any fiscal year shall
not be less than the amount appropriated for such purposes for the
fiscal year ending June 30, 1972.
1 Section 519 of P.L. 93-380 provides as follows:
"Sac. 519. (a) There is established, in the Office of Education, an Office of Libraries
and Learning Resources (hereafter in this section referred to as the `Office ) through
which the Commissioner shall administer all programs in the Office of Education related
to assistance for,. and encouragement of, libraries and information centers and education
technology.
`(b) The Office shall be headed by a Director, to whom the Commissioner shall delegate
his delegable functions with respect to the programg adminietered through the Office."
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(c) For the purposes of this title-
(1) the term "library resources" means books, periodicals, docu-
ments, magnetic tapes, phonograph records, audiovisual materials,
and other related library materials, including necessary binding;
and
(2) the term "librarianship" means the principles and practices
of the library and information sciences, including the acquisition,
organization, storage, retrieval and dissemination of information,
and reference and research use of library and information
resources.
(20 U.S.C. 1021) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 201, 79 Stat.
1124; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 211, 82 Stat. 1036; amended
June 23, 1972, P.L. 92-138, Title I, sec. 111(b) (1), 86 Stat. 238.
PART A-COLLEGE LIBRARY RESOURCES
BASIC GRANTS
SEC. 202. From the amount available for grants under this part pur-
suant to section 201 for any fiscal year, the Commissioner shall make
basic grants for the purposes set forth in section 201 (a) (1) to institu-
tions of higher education, to combinations of such institutions, to new
institutions of higher education in the fiscal year preceding the fiscal
year in which students are to be enrolled (in accordance with criteria
prescribed by regulation), and other public and private nonprofit
library institutions whose primary function is to provide library and
information services to institutions of higher education on a formal,
cooperative basis. The amount of a basic grant shall, for any fiscal year,
be equal to the amount expended by the applicant for library resources
during that year from funds other than funds received under this part,
except that no basic grant shall exceed $5,000 for each such institution
of higher education and each branch of such institution which is lo-
cated in a community different from that in which its parent institu-
tion is located, as determined in accordance with regulations of the
Commissioner, and a basic grant under this subsection may be made
only if the application therefor is approved by the Commissioner upon
his determination that the application (whether by an individual in-
stitution or a combination of institutions)-
(1) provides satisfactory assurance that the applicant will
expend during the fiscal year for which the basic grant is sought,
from funds other than funds received under this part-
(A) for all library purposes (exclusive of construction),
an amount not less than the average annual amount it ex-
pended for such purposes during the two fiscal years preced-
ing the fiscal year for which assistance is sought under this
part and
(B) for library resources, an amount not less than the
average amount it expended for such resources during the
two fiscal years preceding the fiscal year for which assistance
is sought under this part,
except that, if the Commissioner determines, in accordance with
regulations, that there are special and unusual circumstances
which prevent the applicant from making the assurances required
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by this clause (1), he may waive that requirement for one or both
of such assurances;
(2) provides for such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under this
section; and
(3) provides for making such reports. in such form and con-
taining such information, as the Commissioner may require to
carry out his functions under this section, and for keeping such
records and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
(20 U.S.C. 1022) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 202, 79 Stat.
1224; amended Nov. 3, 1966, P.L. 80-752, sec. 9, 80 Stat. 1243; amended Oct 16,
1968, P.L. 90-575, Title II, sec. 214, 82 Stat. 1037; amended June 23, 1972, P.L.
92-318, Title I, sec. 111 (b) (2) (A), 86 Stat. 238; amended and redesignated
June 23, 1972, P.L. 92-318, Title I, sec. 112, 86 Stat. 240.
SUPPLEMENTAL GRANTS
SEC. 203. (a) From that part of the sums appropriated pursuant to
section 201 for the purposes of this part for any fiscal year which
remains after making basic grants pursuant to section 202, and which
is riot reserved for the purposes of section 204. the Commissioner shall
make supplemental grants for the purposes set forth in section 201 (a)
(1) to institutions of higher education (and to each branch of such
institution which is located in a community different from that in
which its parent institution is located, as determined in accordance
with regulations of the Commissioner) and combinations of such insti-
tutions. The amount of a supplemental grant shall not exceed $20 for
each full-time student (including the full-time equivalent of the num-
ber of part-time students) enrolled in each such institution (or
branch), as determined pursuant to regulations of the Commissioner.
A supplemental grant may be made only upon application t.herefor, in
such form and containing such information as the Commissioner may
require, which application shall-
(1) meet the application requirements set forth in section 202;
(2) describe the size and quality of the library resources of the
applicant in relation to its present enrollment and any expected
increase in its enrollment:
(3) set forth any special circumstances which are impeding or
will impede the proper development of its library resources; and
(4) provide a general description of how a supplemental grant
would be used to improve the size or quality of its library
resources.
(b) The Commissioner shall approve applications for supplemental
grants on the basis of basic criteria prescribed in regulations and
developed after consultation with the Council created under section
205. Such basic criteria shall be such as will best tend to achieve the
objectives of this part and they (1) may take into consideration factors
such as the size and age of the library collection, and student enroll-
ment, and (2) shall give priority to institutions in need of financial
assistance for library purposes.
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(20 U.S.C. 1023) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 203, 79 Stat.
1225~ amended Oct. 16, 1908, P.L. 90-575, Title II, sec. 212(a) ; amended June 23,
1972, P.L. 92-318, Title I, sec. 111(b) (2) (B), 86 Stat. 239; sec. 112(b) (2), 86 Stat.
240; and sec. 113(a), 86 Stat. 240.
SPECIAL PURPOSE GRANTS
SEc. 204. (a) (1) From the sums appropriated pursuant to section
201 for the purposes of this part for any fiscal year, the Commissioner
is authorized to reserve no~ to exceed 25 per centum thereof for the
purposes of this section.
(2) Sums received pursuant to paragraph (1) may be used to
make special grants (A) to institutions of higher education (or
to branches of such institutions which are located in a community
different from that in which the parent institution is located, as deter-
mined in accordance with regulations of the Commissioner) which
demonstrate a special need for additional library resources and which
demonstrate that such additional library resources will make a sub-
stantial contribution to the quality of their educational resources, (B)
to institutions of higher education (or to such branches) to meet spe-
cial national or regional needs in the library and information sciences,
(C) to combinations of institutions of higher education which need
special assistance in establishing and strengthening joint-use facilities.
Grants under this section may be used only for books, periodicals,
documents, magnetic tapes, phonograph records, audiovisual materials,
and other related library materials (including necessary binding),
and (D) to other public and private nonprofit library institutions
which provide library and information services to institutions of
higher education on a formal, cooperative basis.
(b) Grants pursuant to paragraph (2) shall be made upon ap-
plication providing satisfactory assurance that (1) the applicant (or
applicants jointly in the case of a combination of institutions) will
expend during the fiscal year for which the grant is requested (from
funds other than funds received under this part) for the same purpose
as such grant an amount from such other sources equal to not less than
331/3 per centum of such grant, and (2) in addition each such applicant
will expend during such fiscal year (from such other sources) for all
library purposes (exclusive of construction) an amount not less than
the average annual amount it expended for such purposes during the
two-year period ending June 30, 1965, or during the two fiscal years
preceding the fiscal year for which the grant is requested, whichever is
less.
(20 U.S.C. 1024) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 204, 79 Stat.
1226; amended Oct. 16, 1968, P.L. 90-575, Title II, secs. 212(b), 213, 82 Stat. 1036-
1037; amended June 23, 1972, P.L. 92-318, Title I, sec. 111(b) (2) (C), 86 Stat. 239.
ADVISORY COUINCIL ON COLLEGE LIBRARY RESOURCES
SEC. 205. (a) The Commissioner shall establish in the Office of
Education an Advisory Council on College Library Resources consist-
ing of the Commissioner, who shall be Chairman, and eight members
appointed, without regard to the civil service laws, by the Commis-
sioner with the approval of the Secretary.
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(b) The Advisory Council shall advise the Commissioner with re-
spect to establishing criteria for the making of supplemental grants
under section 203 and the making of special purpose grants under
section 204. The Commissioner may appoint such special advisory and
technical experts and consultants as may be useful in carrying out the
functions of the Advisory Council.
(20 U.S.C. 1025) Enacted Nov. 8, 1965, P.L. 89-329. Title 11, sec. 205. 79 Stat.
1226; subsection (c) repealed April 13, 1970, P.L. 91-230. sec. 401 (h) and super-
seded by pt. C of title IV of P.L. 90-247, as amended. (20 U.S.C. 123&c)
ACCREDITATION REQUIREMENT FOR PURPOSES OF THIS PART
SEC. 206. For the purposes of this part, an educational institution
shall be deemed to have been accredited by a nationally recognized
accrediting agency or association if the Commissioner determines that
there is satisfactory assurance that upon acquisition of the library
resources with respect to which assistance under this part is sought, or
upon acquisition of those resources and other library resources planned
to be acquired within a reasonable time, the institution will meet the
accreditation standards of such agency or association.
(20 U.S.C. 1028) Enacted Nov. 8, 1965, P.L. 89-329, Title II, see. 206, 79 Stat.
1226.
LIMITATIONS
SEC. 207. No grant may be made under this part for books, peri-
odicals, documents, or other related materials to be used for sectarian
instruction or religious worship, or primarily in connection with any
* part of the program of a school or department of divinity.
(20 U.S.C. 1207) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 207, 79 Stat.
1227; amended June 23, 1972, P.L. 92-318, sec. 131(d) (2), 88 Stat. 260.
CONSULTATION WITH STATE AGENCY
SEC. 208. Each institution of higher education which receives a
grant under this part shall periodically inform the State agency (if
any) concerned with the educational activities of all institutions of
higher education in the State in which such institution is located, of
its activities under this part.
(20 U.S.C. 1028) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 208, 79 Stat.
1227.
PART B-LmRARY TRAINING AND RESEARCH
TRAINING AND RESEARCH PROGRAMS
SEC. 221. From the amount available for grants under this part pur-
suant to section 201 for any fiscal year. the Commissioner shall carry
out a program of making grants in accordance with sections 222 and
223. Of such amount, 66% per centum shall be available for the pur-
poses of section 222. and 331/3 per centum shall be available for the
purposes of section 223.
(20 U.S.C. 1031) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 111(b) (3) (A),
86 Stat. 239.
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SEC. 222. (a) The Commissioner is authorized to make grants to
institutions of higher education and library organizations or agencies
to assist them in training persons in librarianship. Such grants may
be used by such institutions, library organizations or agencies (1) to
assist in covering the cost of courses of training or study (including
short term or regular session institutes) for such persons, (2) for
establishing and maintaining fellowships or traineeships with stipends
(including allowances for traveling, subsistence, and other expenses)
for fellows and others undergoing training and their dependents, not
in excess of such maximum amounts as may be prescribed by the Com-
missioner, and (3) for establishing, developing, or expanding pro-
grams of library and information science. Not less than 50 per centum
of the grants made under this subsection shall be for the purpose of
establishing and maintaining fellowships or traineeships under
clause (2).
(b) The Commissioner may make a grant to an institution of higher
education and library organizations or agencies only upon application
by the institution and only upon his finding that such program will
substantially further the objective of increasing the opportunities
throughout the Nation for training in librarianship.
(20 U.S.C. 1033) Enacted Nov. 8, 1965, P,L. 89-329, Title II, sec. 223, 79 Stat.
1227; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 216, 82 Stat. 1037; amended
June 23, 1972, P.L. 92-318, Title I, sees. 111(b) (3) (B) and (K) ; redesignated
by P.L. 92-318, sec. 111(b) (3) (D), 86 Stat. 240.
RESEARCH AND DEMONSTRATIONS RELATING TO LIBRARIES AND THE
TRAINING OF LIBRARY PERSONNEL
SEC. 223. (a) The Commissioner is authorized to make grants to
institutions of higher education and other public or private agencies,
institutions, and organizations, for research and demonstration proj-
ects relating to the improvement of libraries or the improvement of
training in librarianship, including the development of new tech-
niques, systems, and equipment for processing, storing, and distribut-
bIg information, and for the dissemination of information derived
from such research and demonstrations, and, without regard to section
3709 of the Revised Statutes (41 TJ.S.C. 5), to provide by contracts
with them for the conduct~ of such activities; except that no such grant
may be made to a private agency, organization, or institution other
than a nonprofit one.
(b) The Commissioner is authorized to appoint a special advisory
committee of not more than nine members to advise him on matters
of general policy concerning research and demonstration projects re-
lating to the improvement of libraries and the improvement of train-
ing in librarianship, or concerning special services necessary thereto
or special problems involved therein.
(20 U.S.C. 1034) Enacted Nov. 8, 1965, P.L. 89-329, Title II, sec. 224, 79 Stat.
1228; subsec. (c) repealed Apr. 13, 1970, P.r~. 91-230, sec. 401(h) and super-
seded by pt. C of title IV of P.L. 90-247, as amended. (20 U.S.C. 1233c.); re-
designated June 23, 1972, P.L. 92~-318, Title I, sec. 111(b) (3) (D), 86 Stat. 240.
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PART C-STRENGTHENING COLLEGE AND RESEARCH LIBiw~Y
RESOURCES
APPROPRIATIONS AUTHORIZED
SEC. 231. There are hereby authorized to be appropriated $5,000,000
for the fiscal year ending June 30, 1966, $6,315,000 for the fiscal year
ending June 30, 1967, $7,700,000 for the fiscal year ending June 30,
1968, $6,000,000 for the fiscal year ending June 30, 1969, $11,000,000 for
the fiscal year ending June 30, 1970, and $9,000,000 for the fiscal year
ending June 30, 1972, $12,000,000 for the fiscal year ending June 30,
1973, $15,000,000 for the fiscal year ending June 30, 1974. and $9,000,000
for the fiscal year ending June 30, 1975, to enable the Commissioner to
transfer funds to the Librarian of Congress for the purpose of-
(1) acquiring, so far as possible, copies of all library materials
currently published throughout the world which are of value to
scholarship;
* (2) providing catalog information promptly and distributing
this and other bibliographic information about library materials
by printing catalog cards and by other means, and enabling the
Library of Congress to use for exchange and other purposes such
of these materials as are not needed for its own collections; and
(3) enabling the Librarian of Congress to pay administrative
costs of cooperative arrangements for acquiring library materials
published outside of the States and not readily obtainable outside
of the country of origin, for institutions of higher education or
combinations thereof for library purposes, or for other public or
private nonprofit research libraries.
(20 U.S.C. 1041) Enacted Nov 8, 1965, P.L. 80-329, Title II, sec. 231, 79 Stat.
1228; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 217, 218, 82 Stat. 1037-
1038; amended June 23, 1972, P.L. 92-318, title I, sec. 114, 86 Stat. 240.
EVALUATION AND REPORT
Sec. 232. No later than March 31 of each calendar year the Librarian
of the Congress shall transmit to the respective committees of the
Congress having legislative jurisdiction over this part and to the
* respective Committees on Appropriations of the Congress a report
evaluating the results and * effectiveness of acquisition and cataloging
work done under this part, based to the maximum extent practicable
on objective measurements, including costs, together with recommen-
dations as to proposed legislative action.
(20 U.S.C. 1042) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 115(a), 86
Stat. 241.
TITLE ITT-STRENGTHENING DEVELOPING
INSTITUTIONS
AUTHORIZATION
SEC. 301. (a) The Commissioner shall carry out a program of special
assistance to strengthen the academic quality of developing institu-
tions which have the desire and potential to make a substantial con-
tribution to the higher education resources of the Nation but which are
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sftuggling for survival and are isolated from the main currents of
academic life.
(b) (1) For the purpose of carrying out this title, there are author-
izecl to be appropriated $120,000,000 for the fiscal year ending June
30, 1973, and for each of the succeeding fiscal years ending prior to
July 1, 1975.
(2) Of the sums appropriated pursuant to this subsection for any
fiscal year, 76 per centum shall be available only for carrying out the
provisions of this title with respect to developing institutions which
plan to award one or more bachelor's degrees during such year.
(3) The remainder of the sums so appropriated shall be available
only for carrying out the provisions of this title with respect to devel-
oping institutions which do not plan to award such a degree during
such year.
(20 U.S.C. 1051) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 121(a), 86
Stat. 241.
ELIGIBILITY FOR SPECIAL ASSISTANCE
SEC. 302. (a) (1) For the purposes of this title, the term "develop-
ing institution" means an institution of higher education in any State
which-
(A) is legally authorized to provide, and provides within the
State, an educational program for which it awards a bachelor's
degree, or is a junior or community college;
(B) is accredited by a nationally recognized accrediting agency
or association determined by the Commissioner to be reliable
authority as to the quality of training offered or is, according to
such an agency or association, making reasonable progress toward
accreditation;
(C) except as is provided in paragraph (2), has met the re-
quirement of clauses (A) and (B) during the five academic years
preceding the academic year for which it seeks assistance under
this title; and
(D) meets such other requirements as the Commissioner shall
prescribe by regulation, which requirements shall include at least
a determination that the institution-
(i) is making a reasonable effort to improve the quality
of its teaching and administrative staffs and of its student
services; and
(ii) is, for financial or other reasons, struggling for sur-
vival and isolated from the main currents of academic life.
(2) The Commissioner is authorized to waive the requirements set
forth in clause (C) of paragraph (1) in the case of applications for
grants under this title by institutions located on or near an Indian
reservation or a substantial population of Indians if the Commissioner
determines such action will increase higher education for Indians, ex-
cept that such grants may not involve an expenditure of funds in
excess of 1.4 per centum of the sums appropriated pursuant to this
title for any fiscal year. The Commissioner is authorized to waive three
years of the requirements set forth in clause (C) of paragraph (1)
in the case of applications for grants under this title by institutions
if the Commissioner determines such action will substantially increase
higher education for Spanish-speaking people.
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(b) Any institution desiring special assistance under the provisions
of this title shall submit an application for eligibility to the Commis-
sioner at such time, in such form, and containing such information, as
may be necessary to enable the Commissioner to evaluate the. need of the
applicant for such assistance and to determine its elgibility to be a
developing institution for the purposes of this title. The Commis-
sioner shall approve any application for eligibility under this subsec-
tion which indicates that the applicant is a developing institution
meeting the requirements set forth in subsection (a).
(c) For the purposes of clause (A) of paragraph (1) of subsection
(a) of this section, the term "junior or community college" means an
institution of higher education-
(1) which does not provide an educational program for which
it awards a bachelor's degree (or an equivalent degree);
(2) which admits as regular students oruiy persons having a
certificate of graduation from a school providing secondary educa-
tion (or the recognized equivalent of such a certificate) ; and
(3) which does-
(A) provide an educational program of not less than two
years which is acceptable for full credit toward such a degreeS
or
(B) offer a two-year program in engineering, mathemat-
ics, or the physical or biological sciences. which program is
designed to prepare a student to work as a technician and at
the semiprofessional level in engineering, scientific. or other
technological fields, which fields require the understanding
and application of basic engineering, scientific, or mathemati-
cal principles of knowledge.
(20 U.S.C. 1052) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 121 (a), 86 Stat.
241, 242; amended August 21, 1974, P.L. 93-380, sec. 832. 88 Stat. 603.
ADVISORY COUNCIL ON DEVELOPING INSTITUTIONS
SEC. 303. (a) There is hereby established an Advisory Council
on Developing Institutions (in this title referred to as the "Council")
consisting of nine members appointed by the Commissioner with the
approval of the Secretary.
(b) The Council shall, with respect to the program authorized by
this title, carry out the duties and functions specified by part C of the
General Education Provisions Act and, in particular, it shall assist the
Commissioner- .
(1) in identifying developing institutions through which the
purposes of this title may be achieved; and
(2) in establishing £he priorities and criteria to be used in
making grants under section 304(a).
(20 U.S.C. 1053) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 121(a), 86
Stat. 242,243.
USES OF FUNDS: COOPERATIVE ARRANGEMENTS, NATIONAL TEACHING
FELLOWSHIP, AND PROFESSORS EMERITUS
SEC. 304. (a) The Commissioner is authorized to make grants and
awards, in accordance with the provisions of this title, for the purpose
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of strengthening developing institutions. Such grants and awards shall
be used solely for the purposes set forth in subsection (b).
(b) Funds appropriated pursuant to section 301 (b) shall be avail-
able for-
(1) grants to institutions of higher education to pay part of
the cost of planning, developing, and carrying out cooperative
arrangements between developing institutions and other institu-
tions of higher education, and between developing institutions and
other organizations, agencies, and business entities, which show
promise as effective measures for strengthening th~ academic pro-
gram and the administrative capacity of developing institutions.
including such projects and activities as-
(A) exchange of faculty or students, including arrange-
ments for bringing visiting scholars to developing
institutions,
(B) faculty and administration improvement programs,
utilizing training, education (including fellowships leading
to advanced degrees), internships, research participation, and
other means,
(C) introduction of new curricula and curricular
materials,
(D) development and operation of cooperative education
programs involving alternate periods of academic study and
business or public employment, and
(E) joint use of facilities such as libraries or laboratories,
including necessary books, materials, and equipment;
(2) National Teaching Fellowships to be awarded by the Com-
missioner to highly qualified graduate students and junior faculty
members of institutions of higher education for teaching at de-
veloping institutions; and
(3) Professors Emeritus Grants to be awarded by the Com-
missioner to professors retired from active service at institutions
of higher education to encourage them to teach or to conduct
research at developing institutions.
(c) (1) An application for assistance for the purposes described in
subsection (b) (1) shall be approved only if it-
(A) sets forth a program for carrying out one or more of the
activities described in subsection (b) (1), and sets forth such
policies and procedures for the administration of the program as
will insure the proper and efficient operation of the program and
the accomplishment of the purposes of this title;
(B) sets forth such policies and procedures as will insure that
Federal funds made available under this section for any fiscal year
will be so used as to supplement and, to the extent practical,
increase the level of funds that would, in the absence of such Fed-
eral funds be made available for the purposes of the activities
described in subsection (b) (1), and in no case supplant such
funds;
(C) sets forth policies and procedures for the evaluation of
the effectiveness of the project or activity in accomplishing its
purpose;
(D) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to insure proper disbursement of
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and accounting for funds made available under this title to the
applicant; and
(E) provides for making such reports, in such form and con-
taining such information, as the Commissioner may require to
carry out his functions under this title, and for keeping such rec-
ords and affording such access thereto, as he. may find necessary
to assure the correctness and verification of such reports.
The Commissioner shall, after consultation with the Council, establish
by regulation criteria as to eligible expenditures for which funds from
grants for cooperative arrangements under clause (1) of subsection (b)
may be used, which criteria shall be so designed as to prevent the
use of such funds for purposes not necessary to the achievement of the
purposes for which the grant is made.
(2) (A) Applications for awards described in clauses (2) and (3)
of subsection (b) may be approved only upon a finding by the Com-
missioner that the program of teaching or research set. forth therein
is reasonable in the light of the qualifications of the applicant and of
the educational needs of the institution at which the applicant intends
to teach.
(B) No application for a National Teaching Fellowship or a Pro-
fessors Emeritus Grant shall be approved for an award of such a fel-
lowship or. grant for a period exceeding two academic years, except
that the award of a Professors Emeritus Grant may be for such period,
in addition to such two-year period of award, as the Commissioner,
upon the advice of the Council, may determine in accordance with
policies of the Commissioner set forth in regulations.
(C) Each person awarded a National Teaching Fellowship or a
Professors Emeritus Grant shall receive a stipend for each academic
year of teaching (or, in the case of a recipient of a Professors Emeritus
Grant, research) as determined by the Commissioner upon the advice
of the Council, plus an additional allowance for each such year for
each dependent of such person. In the case of National Teaching Fel-
lowships, such allowance may not exceed $7,500, plus $~00 for each
dependent.
(20 U.S.C. 1054) Enacted June 23, fl~72, P.L. 92-318, tulle i, sec. 121(a), 86
Stat. 243, 244.
ASSISTANCE TO DEVELOPING INSTITUTIONS UNDER OTHER PROGRAMS
SEC. 305. (a) Each institution which the Commissioner determines
meets the criteria set forth in section 302 (a) shall be eligible for waiv-
ers in accordance with subsection (b).
(b) (1) Subject to, and in accordance with, regulations promul-
gated for the purpose of this section, in the case of any application by
a developing institution for assistance under any programs specified
in paragraph (2), the Commissioner is authorized, if such application
is otherwise approvable, to waive any requirement for a non-Federal
share of the cost of the program or project, or, to the extent not incon-
sistent with other law, to give, or require to be given, priority consider-
ation of the application in relation to applications from institutions
whch are not developing institutions.
(2) The provisions of this section shall apply to any program
authorized by title II, IV, VI, or VII of this Act.
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(c) The Commissioner shall not waive, under subsection (b), the
non-Federal share requirement for any program for applications
which, if approved, would require the expenditure of more than 10
per centum of the appropriations for the program for any fiscal year.
(20 U.S.C. 1055) Enacted June 23, 1912, P.L. 92-318, Title I, sec. 121(a), 86
Stat. 244.
LIMITATION
SEC. 306. None of the funds appropriated pursuant to section 301
(b) (1) shall be used for a school or department of divinity or for any
religious worship or sectarian activity.
(20 U.S.C. 1056) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 121(a), 86
Stat. 245.
TITLE TV--STUDENT ASSISTANCE
PART A-GRANTS TO STUDENTS IN ArPENDANCE AT INSTITUTIONS or
HIGHER EDUCATION
STATEMENT OF PURPOSE; PROGRAM AUTHORIZATION
SEC. 401. (a) It is the purpose of this part, to assist in making avail-
able the benefits of postsecondary education to qualified students in
institutions of higher education by-
(1) providing basic educational opportunity grants (herein-
after referred to as "basic grants") to all eligible students;
(2) providing supplemental educational opportunity grants
(hereinafter referred to as "supplemental grants") to those stu-
dents of exceptional need who, for lack of such a grant, would be
unable to obtain the benefits of a postsecondary education;
(3) providing for payments to the States to assist them in mak-
ing financial aid available to such students;
(4) providing for special programs and projects designed (A)
to identify and encourage qualified youths with financial or cul-
tural need with a potential for postsecondary education, (B) to
prepare students from low-income families for postsecondary edu-
cation, and (C) to provide remedial (including remedial lan-
guage study) and other services to students; and
(5) providing assistance to institutions of higher education.
(b) The Commissioner shall, in accordance with subparts 1, 2, 3,
4 and 5, carry out programs to achieve the purposes of this part.
(20 U.S.C. 1070) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86 Stat.
241-248; amended June 23, 1972, P.L. 92-318, sec. 1001(c), 86 Stat. 381.
SUBPART 1-BASIC EDUCATIONAL OPPORTUNITY GRANTS
BASIC EDUCATIONAL OPPORTUNITY GRANTS: AMOUNT AND
DETERMINATIONS; APPLICATIONS
SEC. 411. (a) (1) The Commissioner shall, during the period begin-
ning July 1, 1972, and ending June 30, 1975, pay to each student who
has been accepted for enrollment in, or is in good standing at, an in-
stitution of higher education (according to the prescribed standards,
regulations, and practices of that institution) for each academic year
44-078 0 - 75 - 19
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during which that student is in attendance at that institution, as an
undergraduate, a basic grant in the amount for which that student is
eligible, as determined pursuant to paragraph (2.).
(2) (A) (i) The amount of the basic grant for a student eligible
under this subpart for any academic year shall be SL400. less an
amount equal to the amount determined under paragraph (3) to be
the expected family contribution with respect to that student. for that
year.
(ii) In any case where a student attends an institution of higher
education on less than a full-time basis during any academic. year. the
amount of the basic grant to which that student is entitled shall be
reduced in proportion to the degree to which that student. is not so
attending on a full-time basis, in accordance with a schedule of reduc-
tions established by the Commissioner for the purposes of this division.
Such schedule of reductions shall be~ established by regulation and
published in the Federal Register not later than February 1 of each
year.
(B) (i) The amount of a basic grant to which a student is entitled
under this subpart for any academic year shall not exceed 50 per cen-
turn of the actual cost of attendance at the institution at which the
student is in attendance for that year.
(ii) No basic grant under this subpart shall exceed the difference
between the expected family contribution for a student. and the actual
cost of attendance at the institution at which that student is in at-
tendance. If with respect to any student. it is determined that the
amount of a. basic grant plus the amount of the expected family con-
tribution for that student exceeds the actual cost of attendance for
that year, the amount of the basic grant shall be reduced until the
combination of expected family contribution and the. a mount of the
basic grant does not exceed the actual cost of attendance. at such
institution.
(iii) No basic grant shall be awarded to a student under this sub-
part if the amount of that grant for that student. as determined under
this paragraph for any academic year is less than S200. Pursuant. to
criteria established by the Commissioner by regulation. the institution
of higher education at which a student is in attendance may award a
basic grant of less than $200 upon a. determination that the amount of
the basic grant for that student is less than $200 because of the re-
quirement of division (i) and that, clue to exceptional circumstances.
this reduced grant should be made in order to enable the student to
benefit from postsecondary education.
(iv) For the purpose of this subparagraph and subsection (b) the
term "actual cost of attendance" means. subject. to regulations of the
Commissioner, the actual per-student charges for tuition. fees. room
and board (or expenses related to reasonable commuting). books. and
an allowance for such other expenses as the Commissioner determines
by regulation to be reasonably related to attendance at the institution
at which the student is in attendance.
(3) (A) (i) Not later tha.n February 1 of each year the Commis-
sioner shall publish in the Federal Register a schedule of expected
family contributions for the succeeding academic year for various
levels of family income, which, except as is otherwise provided in divi-
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sion (ii), together with any amendments thereto, shall become effective
July 1 of that year. During the thirty-day period following such pub-
lication the Commissioner shall provide interested parties with an
opportunity to preseirt their views and make recommendations with
respect to such schedule.
(ii) The schedule of expected family contributions required by
division (i) for each academic year shall be subn'iitted to the President
of the Senate and the Speaker of the I-louse of Representatives not
later than February 1 of that year. If either the Senate or the House
of Representatives adopts, prior to May 1 of such year, a resolution of
disapproval of such schedule, the Coniinissioner shall publish a new
schedule of expected family contributions in the Federal Register not
later than fifteen days after the adoption of such resolution of dis-
approval. Such new schedule shall take into consideration such recom-
mendations as may be made in connection with such resolution and
shall become effective, together with any amendments thereto, on
July 1 of that year.
(B) (i) For the purposes of this paragraph and subsection (b), the
term "family contribution" with respect to any student means the
amount which the family of that student may be reasonably expected
to contribute toward his postsecondary education for the academic
year for which the determination under subparagraph (A) of para-
graph (2) is made, as determined in accordance with regulations. In
promulgating such regulations, the Commissioner shall follow the
basic criteria set forth in division (ii) of this subparagraph.
(ii) The basic criteria to be followed in promulgating regulations
with respect to expected family contributions are as follows:
(I) The amount of the effective income of the student or the
effective family income of the student's family.
(II) The number of dependents of the family of the student.
(III) The number of dependents of the student's family who
are in attendance in a program of postsecondary education and for
whom the family may be reasonably expected to contribute for
their postsecondary education.
(IV) The amount of the assets of the student and those of the
student's family.
(V) Any unusual expenses of the student or his family, such
as unusual medical expenses, and those which may arise from a
catastrophe.
(iii) For the purposes of clause (I) of division (ii), the term
"effective family income" with respect to a student means the annual
adjusted family income, as determined in accordance with regulations
prescribed by the Commissioner, received by the parents or guardian
of that student (or the person or persons having an equivalent rela-
tionship to such student) minus Federal imicome tax paid or payable
with respect to such imicome. . . .
(iv) In determining the expected family contribution with respect
to any student, any amount paid under the Social Security Act to, or
oii account of, the student which would not be paid if lie were not a
student, and one-half any amount paid the student under chapters 34
and 35 of title 38, United States Code, shall be considered as effective
income for such student.
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(C) The Commissioner shall promulgate special regulations for
determining the expected family contribution and effective family
income of a student who is determined (pursuant to regulations of the
Commissioner) to be independent of his parents or guardians (or the
person or persons having an equivalent relationship to such student).
Such special regulations shall be consistent with the basic criteria set
forth in division (ii) of subparagraph (B).
(4) (A) The period during which a student may receive basic grants
shall be the period required for the completion of the undergraduate
course of study being pursued by that student at the institution at
which the student is in attendance, except that such period may not
exceed four academic years unless-
(i) the student is pursuing a course of study leading to a first
degree in a program of study which is designed by the institution
offering it to extend over five academic years; or
(ii) the student is, or will be, unable to complete a course of
study within four academic years because of a requirement of the
institution of such course of study that the student enroll in a
noncredit remedial course of study;
in either which case such period may be extended for not more than
one additional academic year.
(B) For the purposes of clause (ii) of subparagraph (A), a "non-
credit remedial course of study" is a course of study for which no
credit is given toward an academic degree, and which is designed to
increase the ability of the student to engage in an undergraduate
course of study leading to such a degree.
(b) (1) The Commissioner shall from time to time set dates liv
which students must file applications for basic. grants under this
subpart.
(2) Each student desiring a basic grant for any year must file. an
application therefor containing such information and assurances as
the Commissioner may deem necessary to enable him to carry out his
functions and responsibilities under this subpart.
(3) (A) Payments under this section shall be made in accordance
with regulations promulgated by the Commissioner for such pur~ose,
in such manner as will best accomplish the purposes of this section.
(B) (i) If, during any period of any fiscal year. the funds available
for payments under this subpart are insufficient to satisfy fully all
entitlements under this subpart, the amount paid with respect, to each
such entitlement shall be-
(I) in the case of any entitlement which exceeds $1,000~ 75 per
centurn thereof;
(II) in the case of any entitlement which exceeds $800 hut does
not exceed $L000, 70 per centum thereof;
(III) in the case of any entitlement which exceeds $600 but
does not exceed $800, 65 per centum thereof; and
(IV) in the case of any entitlement which does not exceed $600,
50 per centum thereof.
(ii) If, during any period of any fiscal yearS funds available for
making' payments under this subpart exceed the amount necessary to
make the payments prescribed in division (i). such excess shall be
paid with respect to each entitlement under this subpart in propor-
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tion to the degree to which that entitlement is unsatisfied, after pay-
ments are made pursuant to division (i).
(iii) In the event that, at the time when payments are to be made
pursuant to this subparagraph (B), funds available therefor are
insufficient to pay the amounts set forth in division (i), the Commis-
sioner shall pay with respect to each entitlement an amount which
bears the same ratio to the appropriate amount set forth in division
(i) as the total amount of funds so available at such time for such
payments bears to the amount necessary to pay the amounts indicated
in division (i) in full.
(iv) No method of computing or manner of distribution of pay-
ments under this subpart shall be used which is not consistent with
this subparagraph.
(v) In no case shall a payment under this subparagraph be made if
the amount of such payment after application of the provisions of this
subparagraph is less than $50.
(C) (i) During any fiscal year in which the provisions of sub-
paragraph (B) apply, a basic grant to any student shall not exceed
50 per centurn of the difference between the expected family contri~u-
tion for that student and the actual cost of attendance at the institution
in which the student is enrolled, unless sums available for making
payments under this subsection for any fiscal year equal more than 75
per centurn of the total amount to which all students are entitled
under this subpart for that fiscal year~ in which case no basic grant
shall exceed 60 per centum of such difference.
(ii) The limitation set forth in division (i) shall, when applicable,
be in lieu of the limitation set forth in subparagraph (B) (i) of sub-
section (a) (2).
(4) No payments may be made on the basis of entitlements estab-
lished under this subpart during any fiscal year ending prior to July 1,
1975, in which-
(A) the appropriation for making grants under subpart 2 of
this part does not at least equal $130,093,000; and
(B) the appropriation for work-study payments under section
441 of this title Toes not at least equal $237,400,000; and
(C) the appropriation for capital contributions to student
loan funds under part E of this title does not at least equal
$286,000,000.
(20 U.S.C. 1070a) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1). 86 Stat.
247-251.
SUBPART 2-SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS
PURPOSE; APPROPRIATIONS AUTHORIZED
SEC. 413A. (a) It is the purpose of this subpart to provide, through
institutions of higher education, supplemental grants to assist in niak-
ing available the benefits of postsecondary education to qualified stu-
dents who, for lack of financial means, would be unable to obtain such
benefits without such a grant.
(b) (1) For the purpose of enabling the Commissioner to make
payments to institutions of higher education which have ~nade agree-
ments with the Commissioner in accordance with section 413C (b),
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for use by such institutions for payments to undergraduate. students
for the initial academic year of a supplemental grant awarded to them
under this subpart, there are authorized to be appropriated $200,000.-
000 for the fiscal year ending June 30, 1973. and for each of the succeed-
ing fiscal years ending prior to July 1, 1975. Funds appropriated
pursuant to this paragraph Shall be appropriated separate from any
funds appropriated pursuant to paragraph (2).
(2) Tn addition to the sums authorized to be appropriated by
paragraph (1), there are authorized to be appropriated such sums
as may be necessary for payment to institutions of higher education
for use by such institutions for making continuing supplemental grants
under this subpart, except that no appropriation may be. made pur-
suant to this paragraph for any fiscal year beginning more than three
years after the last fiscal year for which an appropriation is authorized
under paragraph (1). Funds appropriated pui~suant to this paragraph
shall be appropriated separate from any funds appropriated pursuant
to paragraph (1).
(3) Sums appropriated pursuant to this subsection for any fiscal
year shall be available for payments to institutions until the end of the
fiscal year succeeding the fiscal year for which the were appropriated.
(4) For the purposes of this subsection. payment for the first. year
of a. supplemental grant shall not he considered as an initial year
payment if the grant was awarded for the continuing education of a
student who-
(A) had been previously awarded a supplemental grant under
this subpart (whether by another institution or otherwise). and
(B) had received payment for any ~ear of that supplemental
grant.
(20 U.S.C. 1070b) Enacted June 23, 1972, P.L. 92-318. sec. 131(b) (1). 86 Stat.
251, 252.
AMOUNT AND DURATION OF GRANTS
SEC. 413B. (a) (1) From the funds received by it for such pur-
pose under this subpart, an institution which awards a supplemental
grant to a student for an academic. year under this subpart shall, for
such year, pay to that student an amount determined pursuant to para-
graph (2).
(2) (A) (i) The amount of the payment to any students pursiiai~t to
paragraph (1) shall be equal to the. amount. determined by the institii-
tion to be needed by that student to enable him to pursue a course. of
study at the institution. except that such amount. shall not exceed-
(I) $1,500, or
(TI) one-half the smn of the total amount of student financial
aid provided to such student by such institution.
whichever is the lesser.
(ii) No student shall be paidi durmg all the academic years he is
pursuing his undlergradluate course of studly at. one or more institutions
of higher education in excess of $4,000 or in the case of an~ student. to
whom the provisions of subsection (b) (1) (B) apply. $5,000.
(iii) For the purposes of clause (II) of thviSion (i). the term "stu-
dlent financial aid" mclucles assistance payments t.o the Studlent under
subpart 1 of this part audi parts C and E of this title. and any assist-
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ance pio~~idecl to a student under any scholarship program established
by a State or a private institution or Organization, as determined in
accordance with regulations, shall be deemed to be aid provided such
student by the institution.
(B) If the amount determined under division (i) of subparagraph
(A) with respect to a student for any academic year is less than $200,
no payment shall be made to that student for that year.
(C) Subject to subparagraphs (A) and (B), the Commissioner
shall prescribe, for the guidance of institutions, basic criteria and
schedules for the determination of the amount of need to be determined
under division (i) of subparagraph (A). Such criteria and schedules
shall take into consideration the objectives of limiting assistance under
this subpart to students of financial need, and such other factors
related to determining the need of students for financial assistance as
the Co.nmiissioner deems relevant but such criteria or schedules shall
not disqualify an applicant on account of his earned income if income
from other sources in the amount of such earned income would not
disqualify him.
(b) (1) (A) A student eligible for a supplemental grant may be
awarded such a grant under this subpart for each academic year of
the period required for completion by the recipient of his under-
graduate course of study in the institution of higher education from
which he received such grant.
(B) A student may not receive supplemental grants under this
subpart for a period of more than four academic years, except that in
the case of a student-
(i) who is pursuing a course of study leading to a first degree
in a Program of study which is designed by the institution offering
it to extend over five academic years, or
(ii) who is because of his particular circumstances determined
by the institution to need an acldhtional year to complete a course
of study normally requiring four academic years,
such period may be extended for not more than one additional aca-
demic year.
(2) A supplemental grant awarded under this subpart shall entitle
the student to whom it is awarded to payments pursuant to such grant
only if-
(A) that student is maintaining satisfactory progress in the
course of study he is pursuing. according to the standards and
practices of the institution awarding the grant, and
(B) that student is devoting at least half-time to that course
of study, during the academic year, in attendance at that
institution.
Failure to be in attendance at the institution during vacation periods
or periods of military service, or during other periods during which
the Commissioner determines, in accordance with regulations, that
there is good cause for his nonattendance, shall not render a student
ineligible for a~ supplemental grant; but no payments may be made to
a student during any such period of failure to be in attendance or
period of nonattendance.
(20 U.S.C. 1070b-1) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86
Stat. 252, 253.
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SELECTION OF RECIPIENTS; AGREEMENTS WITH INSTITUTIONS
SEC. 413C. (a) (1) An individual shall be eligible for the award of
a supplemental grant under this subpart by an institution of higher
education which has macic an agreement with the Commissioner pur-
suant to subsection (b), if the individual makes application at. the time
and in the manner prescribed by that institution, in accordance with
regulations of the Commissioner.
(2) From among those who are eligible for supplemental grants
through an institution which has an agreement. with the Commissioner
under subsection (b) for each fiscal year. the institution shall, in
accordance with such agreement under subsection (b), and within the
amount allocated to the institution for that purpose for that year
under section 413D (b) select individuals who are to be awarded such
grants and determine, in accordance with section 413B. the amounts to
be paid to them. An institution shall not award a supplemental grant
to an individual unless it determines that-
(A) he has been accepted for enrollment as an undergraduate
student at such institution or, in the case of a student already
attending such institution, is in good standing there as an under-
graduate;
(B) he shows evidence of academic or creative promise and
capability of maintaining good standing in this course of study;
(C) lie is of exceptional financial need: and
(D) lie would not. but for a supplemental grant. be financially
able to pursue a course of study at such institution.
For the purposes of clause (C) of this paragraph. in determining
financial neech the expected family contribution shall be considered to
be the contribution expected in the specific circumstances of the student
as determined by the student financial aid officer at the institution in
accordance with criteria promulgated by the Commissioner. Any cal-
culation of the ability of a family to contribute shall include con-
sideration of (i) family assets which should reasonably l)e available
for such purpose~ (ii) the number of children in the family. (iii) the
number of children attending institutions of higher education. (iv)
any catastrophic illness in the family, (v) an educational expenses
of other dependent. children in the famil. and (vi) other circum-
stances affecting the student's financial need.
(b) An institution of higher education which desires to obtain
funds for supplemental grants under this subpart shall enter into an
agreement with the Commissioner. Such agreement shall-
(1) provide that funds received b the institution tinder this
subpart will be used by it solely for the purposes specified in. and
in accordance with, the provisions of this subpart and of section
463;
(2) provide that. in determining whether an individual meets
the requirements of clause (C) of paragraph (2) of Sul)SectiOn
(a), the institution will-
(A) consider the source of such indlividlual's income and
that of any individual or individuals upon whom he relies
primarily for support, and
(B) make appropriate review of the assets of the student
and of such individuals;
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(3) provide that the institution, in cooperation with other eligi-
ble institut.ions where appropriate, will, make vigorous efforts to
identify qualified youths of exceptional financial need, and to
encourage them to continue their education beyond secondary
school through such programs and activities as-
(A) establishing or strengthening close working relation-
ships with secondary school principals and guidance and
counseling personnel, with a view toward motivating students
to complete secondary school and to pursue postsecondary
school educational opportunities, and
(B) making, to the extent feasible, conditional commit-
ments for student financial aid by such institution to qualified
secondary school students, who but for such grants would be
unable to obtain the benefits of higher education, with special
emphasis on students enrolled in grade 11 or lower grades. who
show evidences of academic or creative promise.;
(4) provide that the institution will meet the requirements of
section 464;
(5) include provisions designed to make grants under this sub-
part reasonably available, to t.he extent of available funds, to all
eligible students in attendance a.t the institution;
(6) include such other provisions as may be necessary to protect
the financial interest of the United States and promote the pur-
poses of this subpart.
(20 U.S.C. 1070b-2) Enacted Tune 23, 1972, P.L. 92-318, sec. 131(b) (1), 86 Stat.
253, 254.
APPORTIONMENT AND ALLOCATION OF FUNDS
SEC. 413D. (a) (1) (A) From 90 per centum of the sums appropri-
at.ed pursuant to section 413A(b) (1~ for any fiscal year, the Commis-
sioner shall apportion to each State an amount which bears the same
ratid to such sums as the number of peisons enrolled full-time and the
full-time equivalent of the number of persons enrolled part time in
institutions of higher education in such State bears to the total number
of such persons in all the States. The remainder of the sums so appro-
priated shall be apportioned among the States by the Commissioner
in accordance with equitable criteria which he shall establish and
which shall be designed to achieve a distribution of the sums so
appropriated among the States which will most effectively carry out
the purpose of this subpart, except that where a.ny State's apportion-
ment under the first sentence for a fiscal year is less than its allotment
under the first sentence of section 401 (b) of this Act for the fiscal
year ending June 30, 1972, before he makes any other apportionments
under this sentence, the Commissioner shall apportion sufficient addi-
tional sums to such State under this sentence to make the State's
apportionment for that year under this paragraph equal to its allot-
ment for the fiscal year ending June 30, 1972, under such first sentence.
Sums apportioned to a State uiider the preceding sentence shall be
consolidated with, and become a part of, its apportionment from the
same appropriation under the first sentence of this paragraph.
(B) If the Commissioner determines that the sums apportioned to
any State under subparagraph (A) for any fiscal year exceed the
aggregate of the amounts that he determines to be required under
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subsection (b) for that fiscal year for institutions of higher education
in that State, the Commissioner shall reapportion such excess, from
time to time, on such date or dates as he shall fix, to other States in
such manner as the Commissioner determines will best assist in achiev-
ing the purposes of this subpart.
(2) Sums appropriated p~irsuaiit to section 431A (b) (2) for any
fiscal year shall be apportioned among the States in such manner as
the Commissioner determines will best achieve the purposes for which
such sums were appropriated.
(b) (1) (A) The Commissioner shalL from time to time. set dates
before which institutions in any State must file applications for alloca-
tion, to such institutions, of supplemental grant funds from the appor-
tionment to that State (including any reapportionment. thereto) for
any fiscal year pursuant to subsection (a) (1).
(B) (i) From the sums apportioned (or reapportioned) to any
State, the Commissioner shall allocate amounts to institutions which
have submitted applications pursuant to subparagraph (A).
(ii) Allocations under division (i) by the Commissioner to such
institutions shall be made in accordance with equitable criteria estab-
lished by the Commissioner by regulation. Such criteria shall be
designed to achieve such distribution of supplemental grant. funds
among such institutions within a State as will most effectively carry
out the purposes of this subpart.
(2) The Commissioner shall, in accordance with regulations. allo-
cate to such institutions in any State, from funds apportioned or reap-
portioned pursuant to subsection (a) (2), funds to be used as the
supplemental grants specified in section 413A (b) (2).
(3) Payments shall be made from allocations under this subsection
as needed.
(20 U.S.C. 1070b-3) Enacted June 23, 1972, P.L. 92-318. sec. 131(b) (1). 86
Stat. 254, 255.
SUBPART 3-GRANTS TO STATES FOR STATE STUDENT INCENTIVES
PURPOSE; APPROPRIATIONS AUTHORIZED
SEC. 415A. (a) It is the purpose of this subpart to make incentive
grants available to the States to assist them in providing grants to
eligible students in attendance at institutions of higher education.
(b) (1) There are hereby authorized to be appropriated S50.000.000
for the fiscal year ending Jumie 30, 1973, and for each of the succeeding
fiscal years ending prior to July 1, 1975, for payments to the State'~
for grants to students who have not previoushi been awarded such
grants.
(2) In addition to the sums authorized to be appropriated pur-
suant to paragraph (1), there is authorized to be appropriated such
~urns as may be necessary for making payments to States to continue
their graiits to students made with incentive grants received by such
States for previous years pursuant to Paragraph (1).
(3) Sums appropriated pursuant to paragraph (1) for any fiscal
year shall remain available for payments to States for the a~-ard of
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student grants under this subpart until the end of the fiscal year suc-
ceeding the fiscal year for which such sums were appropriated.
(4) For the purposes of this subsection, a payment on the first year
of a student grant with respect to any student who has not been
awarded a grant from appropriations pursuaiit to paragraph (1)
during any previous year shall be considered, subject to regulations
of the Commissioner, an initial award to be paid from appropriations
pursuant to paragraph (1).
(20 U.S.C. 1070c) Enacted Juiie 23, 1972, P.L. 92-318, sec. 131(b) (1), 80
Stat. 255, 256.
ALLOTMENT AMONG STATES
Si~c. 415B. (a) (1) (A) From the sums appropriated pursuant to
section 415A (b) (1) for any fiscal year, the Commissioner shall allot
to each State an amount which bears the same ratio to such sums as
the number of students in attendance at institutions of higher educa-
tion in such State bears to the total number of such students in such
attendance in all the States.
(B) For the purposes of this paragraph, the number of students in
attendance at institutions of higher education in a State and in all the
States shaTl be determined by the Commissioner for the most recent
year for which satisfactory data are available to him.
(2) The amount of any State's allotment under paragraph (1) for
any fiscal year which the Commissioner determines will not be required
for such fiscal year for the State student grant incentive program of
that State shall be available for reaflotment from time to time, on such
dates during such year as the Commissioner may fix, to other States in
proportion to the original allotments to such States under such part
for such year, but with such proportionate amount for any of such
States being reduced to the extent it exceeds the sum the Commissioner
estimates such State needs and will be able to use for such year for
carrying out the State plan; and the total of such reductions shall be
similarly reallotted among the States whose proportionate amounts
were not so reduced. Any amount reallotted to a State under this part
during a year from funds appropriated pursuant to section 415A(b)
(1) shall be deemed part of its allotment under paragraph (1) for
such year.
(b) Sums appropriated pursuant to section 415 (A) (b) (2) for any
fiscal year shall be allotted among the States in such manner as the
Commissioner determines will best achieve the purposes for which such
sums were appropriated.
(c) The Commissioner shall make payments for continuing incen-
tive grants only to those States which continue to meet the require-
ments of section 415C(b) (1), (2), (3), and (5).
(20 U.S.C. 1070c-1) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86
Stat. 256.
APPLICATIONS FOR STATE STUDENT INCENTIVE GRANT PROGRAMS
SEC. 415C. (a) A State which desires to obtain a payment under
this subpart for any fiscal year shall submit an application therefor
through the State agency administering its program of student grants,
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at such time or times, and containing such information as may be
required by, or pursuant to, regulation for the purpose of enabling
the Commissioner to make the determinations required under this
subpart.
(b) From a State's allotment under this subpart for any fiscal year
the Commissioner is authorized to make payments to such State for
paying 50 per centum of the amount of student grants pursuant to a
State program which-
(1) is administered by a single State agency;
(2) provides that such grants will be in amounts not in excess
of $1,500 per academic year for attendance on a full-time basis
as an undergraduate at an institution of higher education;
(3) provides for the selection of recipients of such grants on
the basis of substantial financial need determined annually on the
basis of criteria established by the State and approved by the
Commissioner;
(4) provides for the payment of the non-Federal portion of
such grants from funds supplied by such State which represent
an additional expenditure for such year by such State for grants
for students attending institutions of higher education over the
amount expended by such State for such grants. if any. during
the second fiscal year preceding the fiscal year in which such State
initially received funds under this subpart.; and
(5) provides (A) for such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the State agency under
this subpart, and (B) for the making of such reports, in such
form and containing such information, as may be reasonably
necessary to enable the Commissioner to perform his functions
under this subpart.
(c) Upon his approval of any application for a payment under
this subpart, the Commissioner shall reserve from the applicable allot-
ment (including any applicable reallotment) available therefor. the
amount of such payment, which (subject to the limits of such allot-
ment or reallotment) shall be equal to the Federal shareof the cost of
the student incentive grants covered by such application. The Com-
missioner shall pay such reserved amount, in advance or by way of re-
imbursement, and in such installments as he may determine. The Com-
missioner's reservation of any amount under this section may be
amended by him, either upon approval of an amendment of the appli-
cation or upon revision of the estimated cost of the student grants
with respect to which such reservation was made. and in the event of
an upward revision of such estimated cost approved by him he may
reserve the Federal share of the added cost only from the applicable
allotment (or reallotment) available at the time of such approval.
(20 U.S.C. 1070c-2) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86
Stat. 256, 257.
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ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW
SEC. 415D. (a) (1) The Commissioner shall not finally disapprove
any application for a State program submitted under section 415C,
or any modification thereof, without first affording the State agency
submitting the program reasonable notice and opportunity for a
hearing.
(2) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to the State agency administering a State program
approved under this subpart, finds-
(A) that the State program has been so changed that it no
longer complies with the provisions of this subpart, or
(B) that in the administration of the program there is a failure
to comply substantially with any such provisions,
the Commissioner shall notify such State agency that the State will
not be regarded as eligible to participate in the program under this
subpart until he is satisfied that there is no longer any such failure to
comply.
(b) (1) If any State is dissatisfied with the Commissioner's final
action with respect to the approval of its State program submitted
under this subpart or with his final action under subsection (a), such
State may appeal to the United States court of appeals for the circuit
in which such State is located. The summons and notice of appeal may
be served at any place in the United States. The Commissioner shall
forthwith certify and file in the court the transcript of the proceedings
and the record on which he based his action.
(2) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the transcript and record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive if sup-
ported by substantial evidence.
(3) The court shall have jurisdiction to affirm the action of the
Commissioner or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in title 28, United
States Code, section 1254.
(20 U.S.C. 1070c-3) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86
Stat. 257, 258.
SUBPART 4-SPECIAL PROGRAMS FOR STUDENTS FROM DISADVANTAGED
BACKGROUNDS
PROGRAM AUTHORIZATION
SEC. 417A. (a) The Commissioner shall, in accordance with the pro-
visions of this subpart, carry out a program designed to identify quali-
fied students from low-income families, to prepare them for a program
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of postsecondary education, and to provide special services for such
students who are pursuing programs of postsecondary education.
(b) For the purpose of enabling the Commissioner to carry out
this subpart, there are authorized to be appropriated S100,000,000 for
the fiscal year ending June 30, 1973. and for each of the succeeding
fiscal years ending prior to July 1, 1975.
(20 U.S.C. 1070d) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86
Stat. 258.
AUTHORIZED ACTIVITIES
SEC. 417B. (a) The Commissioner is authorized (without regard
to section 3709 of the Revised Statutes (41 U.S.C. 5)) to make grants
to, and contracts with, institutions of higher education, including
institutions with vocational and career education programs. combi-
nations of such institutions, public and private agencies cud orga-
nizations (including professional and scholarly associations), and,
in exceptional cases, secondary schools aiid secondary vocational
schools, for planning, developing, or carrying out within the States
one or more of the services described in section 417 (a).
(b) Services provided through grants and contracts under this sub-
part shall be specifically designed to assist in enabling youths from
low-income families who have academic potential, but who may lack
adequate secondary school preparation or who may be physically
handicapped, to enter, continue, or resume a program of postsecondary
education, including-
(1) programs, to be known as "Talent Search" designed to-
(A) identify qualified youths of financial or cultural need
with an exceptional potential for postseconclary educational
training and encourage them to complete secondary school
and undertake postsecondary educational training.
(B) publicize existing forms of student financial aid, in-
eluding aid furnished under this title, and
(C) encourage secondary-school or college dropouts of dem-
onstrated aptitude to reenter educational programs. including
postsecondary-school programs;
~2) programs, to be known as "Upward Bound". (A) which
are designed to geiierate skills and motivation necessary for suc-
cess in education beyond high school and (B) in which enrollees
from low-income backgrounds and with inadequate secondary-
school preparation participate on a substantially full-time basis
during all or part of the program;
(3) programs, to be known as "Special Services for Disadvan-
taged Students", of remedial and other special services for stu-
dents with academic potential (A) who are enrolled or accepted
for enrollment at the institution which is the beneficiary of the
grant or contract, and (B) who. (i) by reason of deprived educa-
tional, cultural. or economic background. or physical handicap. are
in iieed of such services to assist them to initiate. continue, or
resume their postseconclary education or (ii) by reason of limited
English-speaking ability, are in need of bilingual educational
teaching, guidance, and counseling in order to enable them to
pursue a postsecondary education; and
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(4) a program of paying up to 75 per centurn of the cost of
establishing and operating Educational Opportunity Centers
which-
(A) serve areas with major concentrations of low-income
populations by providing, in coordination with other apph-
cable programs and services-
(i) information with respect to financial and academic
assistance available for persons in such areas desiring
to pursue a program of postsecondary education;
(ii) assistance to such persons in applying for admis-
sion to institutions, at which a program of postsecond-
ary education is offered, including preparing necessary
appplications for use by admission and financial aid of-
ficer; and
(iii) counseling services and tutorial and other nec-
essary assistance to such persons while attending such
institutions; and
(B) serve as recruiting and counseling pools to coordinate
resources and staff efforts of institutions of higher education
and of other institutions offering programs of postsecondary
education, in admitting educationally disadvantaged persons.
The portion of the cost of any project assisted under clause (4) in the
preceding sentence which is borne by the applicant shall represent an
increase in expenditure by such applicant for the purposes of such
project.
(c) Enrollees who are participating on an essentially full-time basis
in one or more services being provided under this section may be paid
stipends, but not in excess of $30 per month except in exceptional
cases as determined by the Commissioner.
(d) Recipients of grants or contracts for the purposes of clause
(3) (ii) of subsection (b) shall include in their curriculum a program
of English language instruction for students of limited English-speak-
ing ability.
(20 U.S.C. 1070d-1) Enacted June 23, 1972, P.L. 92-318, sec. 131(b) (1), 86 Stat.
258, 259, amended August 21, 1974, P.L. 93-380, sec. 833, 88 Stat. 603, 604.
SUBPART 5-ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION 1
PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION
SEC. 419. (a) Each institution of higher education shall be entitled
for each fiscal year to a cost-of-education payment in accordance with
the provisions of this section.
(b) (1) The amount of the cost-of-education payment to which an
institution shall be entitled under this section for a fiscal year shall be,
subject to subsection (d), the amount determined under paragraph
(2) (A) plus the amount determined under paragraph (2) (B).
(2) (A) (i) The Commissioner shall determine the amount to which
an institution is entitled under this subparagraph on the basis of the
1 Sec. 1001(d) of P.L. 92-318 provides as follows:
"(d) The total of the payments made under subpart 5 of part A of title IV, of the
Higher Education Act of 1965 (except section 420) `and under part F of title IX of such
~ct may not exceed $1,000,000,000 during any fiscal year."
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total number of undergraduate students who are in attendance at the
institution and the number of students who are also recipients of basic
grants under subpart 1, in accordance with the following table:
If the total number of students in attend-
ance is- The amount of the grant Is-
Not over 1,000 $500 for each recipient.
Over 1,000 but not over 2500 $500 for each of 100 recipients; plus $400
for each recipient in excess of 100.
Over 2,500 but not over 5,000 $500 for each of 100 recipients; plus S400
for each of 150 recipients in excess of
100; plus $300 for each recipient in ex-
cess of 250.
Over 5,000 but not over 10,000 $500 for each 100 recipients; plus $400
for each of 150 recipients in excess of
100; plus $300 for each of 250 recipients
in excess of 250; plus $200 for each re-
cipient in excess of 500.
Over 10,000 $500 for each of the 100 recipients; plus
$400 for each of 150 recipients in ex-
cess of 100; plus $300 for each of 250
recipients in excess of 250: pIus 8200
for each of 500 recipients in excess of
500; plus $100 for each recipient in ex-
cess of 1,000.
(ii) In any case where a. recipient. of a basic grant under subpart 1
attends an institution receivin~ a cost-of-education payment under
this subpart on less than a full-time basis, the amount determined un-
der this subparagraph with respect to that student shall be reduced in
proportion to the degree to which that student is not attencTing on a
full-time basis.
(in) If during any period of any fiscal year the funds available for
making payments on the basis of entitlements established under this
subparagraph are insufficient to satisfy fully all such entitlements. the
amount paid with respect to each such entitlement shall be. ratably
reduced. When additional funds become available for such Purpose.
the amount of payment from such additional funds shall be in propor-
tion to the degree to which each such entitlement is unsatisfied by the
payments made under the first sentence of this division.
(B) (i) The Commissioner shall determine with respect to each in-
stitution an amount equal to the appropriate per centum (specified on
the table below) of the aggregate of-
(I) supplemental educational opportunity grants under sub-
part 2;
(II) work-study payments under part. C; and
(III) loans to students under part E;
made for such year to students who are in attendance at such institu-
tion. The Commissioner shall determine such amounts on the basis of
percentages of such aggregate, and the number of students in attend-
ance at institutions during the most recent academic. year ending prior
to such fiscal year, in accordance with the following table:
If the number of students in attendance at the The percentage of such aggregate
institution is- shall be-
Not over 1,000 . 50 per centum.
Over 1,000 but not over 3,000 - 46 per centum.
Over 3,000 but not over 10,000 . 42 per centum.
Over 10,000 38 per centum.
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(ii) If during any period of any fiscal year the funds available for
making payments on the basis of entitlements established under this
subparagraph are insufficient to satisfy fully all such entitlements, the
amount paid with respect to each such entitlement shall be ratably
reduced. When additional funds become available for such purpose,
the amount of payment from such additional funds shall be in propor-
tion to the degree to which each such entitlement is unsatisfied by the
payments made under the first sentence of this division.
(3) (A) In determining the number of students in attendance at in-
stitutions of higher education under this subsection, the Commissioner
shall compute the full-time equivalent of part-time students.
(B) The Commissioner shall niake a separate determination of the
number of students in attendance at an institution of higher education
and the number of recipients of basic grants at any such institution at
each branch or separate campus of that institution located in a different
community from the principal campus of that institution pursuant to
criteria established by him.
(c) (1) An institution of higher education may receive a cost-of-
education payment in accordance with this section only upon applica-
tion therefor. An application under this section shall be submitted at
such time or times, in such manner, and containing such information
as the Commissioner determines necessary to carry out his functions
under this title, and shall-
(A) set forth such policies, assurances, and procedures as will
insure that-
(i) the funds received by the institution under this sec-
tion will be used solely to defray instructional expenses in
academically related programs of the applicant;
(ii) the funds received by the institution under this sec-
tion will not be used for a school or department of divinity
or for any religious worship or sectarian activity;
(iii) the applicant will expend, during the academic year
for which a payment is sought, for all academically related
programs of the institution, an amount equal to at least the
average amount so expended during the three years preced-
ing the year for which the grant is sought; and
(iv) the applicant will submit to the Commissioner such
reports as the Commissioner may require by regulation; and
(B) Contain such other statement of policies, assurances, and
procedures as the Commissioner may require by regulation in or-
dci to protect the financial interests of the United States.
(d) (1) The Commissioner shall pay to each institution of higher
education for each fiscal year the amount to which it is entitled under
this section.
(2) Of the total sums appropriated to make payments on the basis
of entitlements established under this section and on the basis of enti-
tlernents of established part F of title IX-
(A) 45 per centum shall be available for making payments on
the basis of entitlements established under paragraph (2) (A) of
subsection (a)
44-078 0 - 75 - 20
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296
(B) 45 per c.entum shall be available for making payments on
the basis of entitlements established under paragraph (2) (B) of
subsection (a) ; and
(C) 10 per centum shall be available for making payments
on the basis of entitlement eStai)liShed under part F of title IX.
(3) No payments on the basis of entitlements established under
paragraph (2) (A) of subsection (a) may be. made during any fiscal
year -for which the appropriations for making grants under subpart I
does not equal at least 50 per centmn of the appropriation necessary
for satisfying the total of all entitlements established under such sub-
part. In no event shall, during any fiscal year, the aggregate of the
payments to which this paragraph applies exceed that percentage
of the total entitlements established under such paragraph (2) (A)
which equals the percentage of the total entitlements established
under subpart 1 which are satisfied by appropriations for such pur-
pose for that fiscal year.
(20 LT.S.C. 1070e) Enacted June 23, 1972, P.L. 92-318, sec. 1001(a), 86 Stat. 37~,
378.
VETERANS' COST-OF-INSTRuCTION PAY~IENTS TO INSTITUTIONS OF
~GHER EDucATION
SEC. 420. (a) (1) During the period beginning July 1, 19~2, and
ending June 30, 1975~ each institution of higher education shall be
entitled to a payment under, and in accordance with, this section dur-
ing any fiscal year if-
(A) the number of persons who are veterans receiving voca-
tional rehabilitation under chapter 31 of title 38, Fnited States
Code, or veterans receiving echicational assistance under chapter
34 of such title, and who are in attendance as undergraduate stu-
dents at such institution during any academic year, equals at
least-
(i) 110 per centum of the number of such recipients who
were in attendance at such institution during the preceding
academic year, or
(ii) 10 per centum of the total number of undergraduate
students in attendance at such institution during such aca-
demic year and if such number does not constitute a per
centum of such undergraduate students which is less than
such per centum for the preceding academic year: and
(B) the number of such persons is at least 25.
(2) During the period specified in paragraph (1). each institution
which has qualified for a payment under this section for any year shall
be entitled during the succeeding year. notwithstanding paragraph
(1), to a payment under and in accordance with this section, if the
number of persons referred to in such paragraph (1) equals at least
the number of such persons who were in attendance. at such institution
during the preceding academic year or equals at least the minimum
number of such persons necessary to establish eligibility to entitlement
under paragraph (1) during time preceding academic year, which-
ever is less. Each institution which is entitled to a payment for any
fiscal year by reason of the preceding sentence shall be deemech for the
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297
purposes of any such year succeeding the year for which it is so en-
titled, to have been entitled to a payment under paragraph (1) dur-
ino the preceding fiscal year.
~b) (1) The amount of the payment to which any institution shall
be entitled under this section for any fiscal year shall be-
(A) $300 for each person who is a veteran receiving voca-
tional rehabilitation under chapter 31 of title 38, United States
Code, or a veteran receiving educational assistance under chapter
34 of such title 38, and who is in attendance at such institution as
an undergraduate student during such year; and
(B) in addition, $150, except in the case of persons on behalf
of whom the institution has received a payment in excess of $150
under section 419, for each person who has been the recipient of
educational assistance under subchapter V or subchapter VI of
chapter 34 of such title 38, and who is in attendance at such insti-
tution as an undergraduate student during such year.
(2) In any case where a person on behalf of whom a payment is
made under this section attends an institution on less than a full-time
basis, the amount of the payment on behalf of that person shall be
reduced in proportion to the degree to which that person is not attend-
ing oii a full-time basis.
(c) (1) An institution of higher education shall be eligible to receive
the l)aynleuut to which it is entitled under this section only if it makes
application therefor to the Commissioner. An application under this
section shall be submitted at such time or times, in such manner, in
such form and containing such information as the Commissioner
determines necessary to carry out his functions under this title, and
shall-
(A) meet the requirements set forth in clauses (A) and (B) of
section 419(c) (1)
(B) set forth such plans, policies, assurances, and Procedures
as will insure that the applicant will make an adequate effort-
(i) to maintain a full-time office of veterans' affairs which
has responsibility for veterans' outreach, recruitment, and
special education programs, including the provision of edu-
cational, vocational, and personal counseling for veterans,
(ii) to carry out programs designed to prepare education-
ally disadvantaged veterans for postsecondary education (I)
under subchapter V of chapter 34 of title 38, United States
Code, and (ii) in the case of any institution located near a
military installation, under subchapter VI of such chapter 34,
(iii) to early out active outreach, recruiting, and counsel-
ing activities through the use of funds available under fed-
erally assisted work-study programs, and
(iv) to carry out an active tutorial. assistance program
(minding dissemination of information regarding such pro-
gram) in order to make maximum use of the benefits avail-
able under section 1692 of such title 38,
except that an institution with less than 2,500 students in attendance
(I) which the Commissioner determines, in accordance with regula-
tions jointly prescribed by the Commissioner and the Administrator of
Veterans' Affairs (hereinafter referred to as to the "Administrator"),
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cannot feasibly itself carry out any or all of the programs set forth in
subclauses (i) though (iv) of this clause, may carry out such program
or programs through a consortium agreement with one or more other
institutions of higher education, and (II) shall be required to carry
out such programs only to the extent that. the Commissioner deter-
mines, in accordance with regulations jointly prescribed by the Com-
missioner and the Administrator, is appropriate in terms of the
number of veterans in attendance at such institution. The adequacy of
efforts to meet the requirements of clause (B) in the preceding sentence
shall be determined by the Commissioner. based upon the recommenda-
tion of the Administrator, in accordance with criteria established
in regulations jointly prescribed by the Commissioner and the
Administrator.
(2) The Commissioner shall not approve an application under this
subsection unless he determines that the applicant will implement the
requirements of clause (B) of paragraph (1) within the first academic
year during which it receives a payment under this section.
(d) (1) The Commissioner shall pay to each institution of higher
education which has had an application approved under subsection
(c) the amount to which it is entitled under this section. Payments
under this subsection shall be made in not less than three installments
during each academic year and shall he based on the actual number
of persons on behalf of whom such payments are made in attendance
at the institution at the time of the payment.
(2) The maximum amount of payments to am- institution of
higher educuation, or any branch thereof which is located in a com-
munity which is different from that in which the parent institution
thereof is located, in any fiscal year, shall be $135~OOO. In making
payments under this section for an fiscal year. the Commissioner shall
apportion the appropriation for making such payments. from funds
which become available as a result of the limitation on payments set
forth in the preceding sentence. in such a manner as will result in the
receipt by each institution which is eligible for a payment under this
section of first ~9,OOO (or the amount of its entitlement for that fiscal
year, whichever is less) and then additional amounts up to the limita-
tion set forth in the preceding sentence.
(e) Not less than 75 per centiim of the amounts paid to any insti-
tution under subsection (d) in any fiscal year shall be used to im-
plement the requirement of clause. (B) (i) of paragraph (1) of sub-
section (c), and, to the extent that such funds remain after imple-
menting such requirements. funds limited by such 75 per centum
requirement shall be used for implementing the requirements of
clauses (B) (ii), (iii). and (iv) of such paragraph (1). except that the
Commissioner may. in accordance with criteria established in regula-
tions jointly prescribed b the Commissioner with the Administrator.
waive the reouiremerit of this subsection to the extent that lie finds
that such institution is adequately carrying out all such requirements
without the necessity for such auplication of such amout of the pay-
ments received under this subsection.
(20 U.S.C. 1070e-1) Enacted June 23, 1972. P.L. 92-318. sec. 1001(a). SO Stat.
378, 379; amended August 21, 1974, P.L. 93-380. sec. 835. SS Stat. 604. 605.
(NoTE-The following provisions govern all loans made between August 19.
1~T~ an~ March 1; 1Oi~)
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PART B-FEDERAL, STATE, AND PRIVATE PROGRAMS OF LOW-INTEREST INSURED
LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER EDUCATION 1
STATEMENT OF PURPOSE AND APPROPRIATIONS AUTHORIZED
SEC. 421. (a) The purpose of this part is to enable the Commissioner (1) to
encourage States and nonprofit private institutions and organizations to estab-
lish adequate loan insurance programs for students in eligible institutions (as
defined in section 435), (2) to provide a Federal program of student loan in-
surance for students or lenders who do not have reasonable access to a State
OI private nonprofit program of student loan insurance covered by an agreement
under section 428 (b), (3) to pay a portion of the interest on loans to qualified
students which are made by a State under a direct loan program meeting the
requirenients of section 428(a) (1) (B), or which are insured under this part or
under a progr~im of a State or of a nonprofit private institution or organiza-
tion which meets the requirements of section 428(a) (1) (C), and (4) to guar-
antee a portion of each loan insured under a program of a State or of a non-
profit private institution or organization which meets the requirements of sec-
tion 428(a) (1(C).
(b) For the purpose of carrying out this part-
(1) there are authorized to be appropriated to the student loan insurance
fund (established by section 431) (A) the sum of $1,000,000, and (B) such
further sums, if any, as may become necessary for the adequacy of the
student loan insurance fund,
(2) there are authorized to be appropriated, for payments under section
428 with respect to interest and administrative cost allowances on student
loans and for payments under section 437, such sums for the fiscal year end-
ing June 30, 1966, and succeeding years, as may be required therefor,
(3) there is authorized to be appropriated the sum of $17,500,000 for
making advances pursuant to section 422 for the reserve funds of State and
nonprofit private student loan insurance programs, and
(4) there is authorized to be appropriated the sum of $12,500,000 for
making advances after June 30, 1968, pursuant to section 422 for the re-
serve funds of State and nonprofit private student loan insurance programs.
Sums appropriated under clauses (1), (2) and (4) of this subsection shall
remain available until expended, and sums appropriated under clause (3) of
this subsection shall remain available for advances under section 422 until the
close of the fiscal year ending June 30, 1968.
(20 IJ.S.C. 1071) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 421, 79 Stat. 1236;
amended Aug. 3, 1968, P.L. 90-460, sees. 2, 3, 82 Stat. 635-6; amended Oct. 16, 1968,
P.L. 90-575, Title I, sees. 113, 114, 119, 82 Stat. 1020, 1021, 1027.
ADVANCES FOR RESERVE FUNDS OF STATE AND NONPROFIT PRIVATE LOAN
INSURANCE PROGRAMS
SEC. 422. (a) (1) From the sums appropriated pursuant to clauses (3) and
(4) of section 421(b), the Commissioner is authorized to make advances to any
State with which he has made an agreement pursuant to section 428(b) for
the purpose of helping to establish or strengthen the reserve fund of the student
loan insurance program covered by that agreement. If for any fiscal year a
State does not have a student loan insurance program covered by an agreement
made pursuant to section 428(b), and the Commissioner determines after con-
sultation with the chief executive officer of that State that there is no reason-
able likelihood that the State will have such a student loan insurance program
for such year, the Commissioner may make advances for such year for the same
purpose to one or more nonprofit private institutions or organizations with
w-hich he has made an agreement pursuant to section 428(b) in order to enable
students in that State to participate in a program of student loan insurance
covered by such an agreement. The Commissioner may make advances under
this subsection both to a State program (with which he has such an agreement)
and to one or more nonprofit private institutions or organizations (with which
he has such an agreement) in that State if he determines that such advances
are necessary in order that students in each eligible institution have access
1 "The Emergency Insured Student Loan Act of 1969" modifies title IV-B with respect
to special allowances for lenders of insured student loans. Text appears on page 434.
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through such institution to a student loan insurance program which meets the
requirements of section 428(b) (1).
(2) No advance shall be made after June 30, 1968, unless matched by an
equal amount from non-Federal sources. Such equal amount may include the
unencumbered non-Federal portion of a reserve fund. As used in the preceding
sentence, the term "unencumbered non-Federal portion' means the amount (de-
terimned as of the time immediately preceding the making of the advance) of
the reserve fund less the greater of (A) the sum of (i) advances made under
this section prior to July 1, 1968, (ii) an amount equal to twice the amount of
advances made under this section after June 30, 1968, and before the advance
for purposes of which the determination is made, and (iii) the proceeds of
earnings on advances made under this section, or (B) any amount which is re-
quired to be maintained in such fund pursuant to State law or regulation, or by
agreement with leaders, as a reserve against the insurance of outstanding loans.
(3) Advances pursuant to this subsection shall be upon such terms and con-
ditions (including conditions relating to the time or times of payment) con-
sistent with the requirements of section 428(b) as the Commissioner determines
will best carry out the purposes of this section. Advances made by the Commis-
sioner under this subsection shall be repaid within such period as the Com-
missioner may deem to be appropriate in each case in the light of the maturity
and solvency of the reserve fund for w-hich the advance was made.
(b) (1) The total of the advances to any State prior to July 1, 1968, pursuant
to subsection (a) may not exceed an amount which bears the same ratio to
21/2 per centum of $700,000,000 as the population of that State and aged eighteen
to twenty-two, inclusive, bears to the total population of all the States aged
eighteen to twenty-two, inclusive. The amount available, how-ever, for advances
to any State for each fiscal year ending prior to July 1, 1968, shall not be less
than $25,000, and any additional funds needed to meet this requirement shall
be derived by proportionately reducing (but not below- $25000 per year) the
amount available for advances to each of the remaining States. Advances to non-
profit private institutions and organizations prior to July 1. 1008. pursuant to
subsection (a) may be in such amounts as the Commissioner determines will
best achieve the purposes for w-hich they are made, except that the sum of (1)
advances to such institutions and organizations for the benefit of students in
any State plus (2) the amounts advanced to such State. may not exceed the
maximum amount which may be advanced to tl1at State pursuant to the first
two sentences of this subsection.
(2) The total of the advances from the sums appropriated pursuant to clause
(4) of section 421(b) (A) to nonprofit private institutions and organizations
for the benefit of students in any State and (B) to such State may not exceed
an amount which bears the same ratio to such sums as the population of such
State aged eighteen to twenty-two, inclusive, bears to the population of all the
States aged eiuhteen to twenty-two, inclusive. but such advances may other-
wise be in sucl1 amounts as the Commissioner determines will best achieve the
purposes for w-hich they are made. The amount available, however, for ad-
vances to any State shall not be less than 825.000. and any additional funds
needed to meet this requirement shall be derived by proportionately reducing
(but not below $25,000) the amount available for advances to each of the re-
maining States.
(3) For the purposes of this subsection, the population aged eighteen to
twenty-two, inclusive, of each State and of all the States shall be determined by
the Commissioner on the basis of the most recent satisfactory data available
to him.
(20 U.S.C. 1072) Enacted Nov. 8, 1965. Ph. 89-329. Title IV, sec. 422. 79 Stat. 1236:
amended Nov. 3, 1966. Ph. 89-752, sec. 11. 80 Stat. 1243; amended Oct. 16, 1968, P.L.
90-575, Title I, sec. 114, 82 Stat. 1021.
EFFECTS OF ADEQTATE NON-FEDERAL PROGRAMS
Sac. 423. (a) Except as provided in subsection (b). the Commissioner shall
not issue certificates of insurance under section 429 to lenders in a State if he
determines that every eligible institution has reasonable access in that State
to a State or private nonprofit student loan insurance program w-hiclm is cov-
ered by an agreement under section 428 (b).
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(b) The Commissioner may issue certificates of insurance under section 429
to a lender in a State-
(1) for insurance of a loan made to a student borrower who does not,
by reason of his residence, have access to loan insurance under the loan
insurance program of such State (or under any private nonprofit loan in-
surance program which has received an advance under section 422 for the
benefit of students in such State), or
(2) for insurance of all of the loans made to student borrowers by a
lender who satisfies the Commissioner that, by reason of the residence of
such borrowers, he will not have access to any single State or nonprofit pri-
vate loan insurance program which will insure substantially all of the loans
he intends to make to such student borrowers.
(20 U.S.C. 1073) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 423, 79 Stat.. 1237;
amended Oct. 16, 1968, P.L. 90-575, sec. 119, 82 Stat. 1026.
SCOPE AND DURATION OF FEDERAL LOAN INSURANCE PROGRAM
SEC. 424. (a) The total principal amount of new loans made and installments
paid pursuant to lines of credit (as defined in section 435) to students covered
by Federal loan insurance under this part shall not exceed $1,400,000,000 for
the fiscal year ending June 30, 1972, $1,600,000,000 for the fiscal year ending
June 30, 1973, $1,800,000,000 for the fiscal year ending June 30, 1974, and $2,000,-
000,000 for the fiscal year ending June 30, 1975. Thereafter, Federal loan insur-
ance pursuant to this part may be granted only for loans made (or for loan
installments paid pursuant to lines of credit) to enable students, who have
obtained prior loans insured under this part, to continue or complete their educa-
tional programs; but no insurance may be granted for any loan made or install-
ment paid after June 30, 1979.
(b) The Commissioner may, if he finds it necessary to do so in order to
assure an equitable distribution of the benefits of this part, assign, within the
maximum amounts specified in subsection (a), Federal loan insurance quotas
applicable to eligible lenders, or to States or areas, and may from time to time
reassign unused portions of these quotas.
(20 U.S.C. 1074) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 424, 79 Stat. 1237;
amended Aug. 3, 1968, P.L. 90-460, Sec. 1, 82 Stat. 634; amended Oct. 16, 1968; P.L.
90-575, Title I, sec. 112, 82 Stat. 1020; amended amine 23, 1972, P.L. 92-318, Sec.
132(a) (1), 86 Stat. 261.
LIMITATIONS ON INDIVIDUAL FEDERALLY INSURED LOANS AND ON FEDERAL
LOAN INSURANCE
SEC. 425. (a) The total of the loans made to a student in any academic year
or its equivalent (as determined under regulations of the Commissioner) which
may be covered by Federal loan insurance under this part may not exceed
$1,500. The aggregate insured unpaid principal amount of all such insured loans
made to any student shall not at any time exceed $7,500. The annual insurable
limit per student shall not be deemed to be exceeded by a line of credit under
which actual payments by the lender to the borrower will not be made in any
year in excess of the annual limit.
(b) The insurance liability on any loan insured by the Commissioner under
this part shall be 100 per centum of the unpaid balance of the principal amount
of the loan. Such insurance liability shall not include liability for interest
whether or not that interest has been added to the principal amount of the loan.
(20 U.S.C. 1075) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, Sec. 425, 79 Stat. 1238;
amended Oct. 16, 1968, P.L. 90-575, Title I, sees. 116, 120, 82 Stat. 1023 and 1027.
SOUROES OF FUNDS
SEC. 420. Loans made by eligible lenders in accordance with this part shall
he insurable by the Commissioner whether made from funds fully owned by
the lender or from funds held by the lender in a trust or similar capacity and
available for such loans.
(20 tLS.C. 1076) Enacted Nov. 8, 1965, P.L. 89-329 title IV Sec. 426, 78 Stat. 1238.
PAGENO="0312"
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ELIGIBILITY OF STUDENT BORROWERS AND TERMS OF FEDERALLY
INSURED STUDENT LOANS
SEC. 427. (a) A loan by an eligible lender shall be insurable by the Commis-
sioner under the provisions of this part only if-
(1) made to a student who (A) has been accepted for enrollment at an
eligible institution or, in the case of a student already attending such in-
stitution, is in good standing there as determined by the institution, and
(B) is carrying at least one-half of the normal full-time workload as deter-
mined by the institution, and (C) has provided the lender with a statement
of the institution which sets forth a schedule of the tuition and fees ap-
plicable to that student and its estimate of the cost of board and room for
such a student; and
(2) evidenced by a note or other w-ritten agreement which-
(A) is made without security and without endorsement. except that
if the borrower is a minor and such note or other written agreement
executed by him would not, under the applicable law-, create a binding
obligation, endorsement may be required,
(B) provides for repayment (except as provided in subsection (c))
of the principal amount of the loan in installments over a period of
not less than five years (unless sooner repaid) nor more than ten years
beginning not earlier than nine months nor later than one year after
the date on which the student ceases to carry at an eligible institution
at least one-half the normal full-time academic workload as determiaed
by the institution, except (i) as provided in clause (C) below (ii) that
the period of the loan may not exceed fifteen years from the execution
of the note or w-ritten agreement evidencing it and (iii) that the note
or other written instrument may contain such provisions relating to
repayment in the event of default in the payment of interest or in the
payment of the cost of insurance premiums, or other default by the
borrower, as may be authorized by regulations of the Commissioner
in effect at the time the loan is made,
(C) provides that periodic installments of principal need not be paid
but interest shall accrue and be paid, during any period (i) during
which the borrower is pursuing a full-time course of study at an
"eligible institution," (ii) not in excess of three years, during which
the borrow-er is a member of the Armed Forces of the Fnited States,
(iii) not in excess of three years during which the borrower is in serv-
ice as a volunteer under the Peace Corps Act or (iv) not in excess of
three years during which the borrower is in service as a full-time
volunteer under title VIII of the Economic Opportunity Act of 1964.
and any such period shall not be included in determining the ten-year
period or the fifteen year period provided in clause (B) above,
(D) provides for interest on the unpaid principal balance of the
loan at a yearly rate, not exceeding the applicable maximum rate
prescribed and defined by the Secretary (within the limits set forth
in subsection (b)) on a national regional, or other appropriate basis.
which interest shall be payable in installments over the period of the
loan except that, if provided in the note or other written agrecment.
any interest payable by the student may be deferred until not later
than the date upon which repayment of the first installment of prin-
cipal falls due, in which case interest that has so accrued during that
period may be added on that date to the principal (but without thereby
increasing the insurance liability under this part),
(E) provides that the lender will not collect or attempt to collect
from the borrower any portion of the interest on the note which is
payable by the Commissioner under this part, and that the lender will
enter into such agreements with the Commissioner as may be necessary
for the purposes of section 437,
(F) entitles the student borrow-er to accelerate w-ithiout penalty re-
payment of the u-hole or any part of the loan, and
(G) contains such other terms and conditions, consistent with the
provision of this part and with the regulations issued by the Commis-
sioner pursuant to this part, as may be agreed upon by the parties to
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such loan, including, if agreed upon, a provision requiring the bor-
rower to pay to the lender, in addition to principal and interest, amounts
equal to the insurance premiums payable by the lender to the Com-
missioner with respect to such loan.
(b) No maximum rate of interest prescribed and defined by the Secretary for
the purpose of clause (2) (D) of subsection (a) may exceed 7 per centum per
annum on the unpaid principal balance of the loan.
(c) The total of the payments by a borrower during any year of any repay-
ment period with respect to the aggregate amount of all loans to that borrower
which are insured under this part, or which are made by a State or the Com-
missioner under section 425(a) (1) (B) or 433, respectively, shall not be less
than $360 or the balance of all of such loans (together with interest thereon),
whichever amount is less.
(20 U.S.C. 1077) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 427, 79 Stat. 1238,
amended Nov. 8, 1966, P.L. 89-794, Title XI, sec. 1101(b), 80 Stat. 1476; amended Aug. 3,
1968, P.L. 90-460, sec. 2, 82 Stat. 635~ amended Oct. 16, 1968. P.L. 90-4175, Title I see.
113, 116, 120, 82 Stat. 1021, 1023, 1027.
FEDERAL PAYMENTS TO REDUCE STUDENT INTERE5T COSTS
SEc. 428. (a) (1) Each student who has received a loan for study at an eligible
institution-
(A) which is insured by the Commissioner under this part;
(B) which was made under a State student loan program (meeting
criteria prescribed by the Commissioner), and which was contracted for,
and paid to the student, within the period specified by paragraph (4) ; or
(C) which is insured under a program of a State or of a nonprofit pri-
vate institution or organization which was contracted for, and paid to the
student, within the period specified in paragraph (4), and which-
(i) in the case of a loan insured prior to July 1, 1967, was made by
an eligible lender and is insured under a program which meets the re-
quirements of subparagraph (E) of subsection (b) (1) and provides
that repayment of such loan shall be in installments beginning not
earlier than sixty days after the student ceases to pursue a course
of study (as described in subparagraph (D) of subsection (b) (1)) at
an eligible institution, or
(ii) in the case of a loan insured after June 30, 1967, is insured under
a program covered by an agreement made pursuant to subsection (b),
and whose adjusted family income is less than $15,000 at the time of execution
of the note or written agreement evidencing such loan, shall be entitled to
have paid on his behalf and for his account to the holder of the loan, a por-
tion of the interest on the loan. In addition, the CommissiOner shall pay an
administrative cost allowance in the amount established by paragraph (2) (B)
of this subsection with respect to loans to any such student but without regard
to the student's adjusted family income. For the purposes of this paragraph, the
adjusted family income of a student shall be determined pursuant to regula-
tions of the Commissioner in effect at the time of the execution of the note or
w-ritten agreement evidencing the loan. Such regulations shall provide for tak-
ing into account such factors, including family size, as time Commissioner deems
appropriate. In the absence of fraud by the lender, such determination of the
adjusted family income of a student shall be final insofar as it concerns the
obligation of the Commissioner to pay the holder of a loan a portion of the
interest on the loan.
(2) (A) The portion of the interest on a loan which a student is entitled to
have paid on his behalf and for his account to the holder of the loan pursuant
to paragraph (1) of this subsection shall be equal to the total amount of the
interest on the unpaid principal amount of the loan which accrues prior to the
beginning of the repayment period of the loan or which accrues during a period
in which principal need not be paid (whether or not such principal is in fact
paid) by reason of a provision described in subsection (e) of this section or in
section 427(a) (2) (C) : but such portion of the interest on a loan shall not
exceed, for any period, the amount of the interest on that loan which is payable
by the student after taking into consideration the amount of any interest on
that loan which the student is entitled to have paid on his behalf for that period
under any State or private loan insurance program. The holder of a loan with
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respect to which payments are required to be made under this section shall be
deemed to have a contractual right, as against the Fnited States, to receive
from the Commissioner the portion of interest which has been so determined
and the administrative cost allowance payable under this subsection. The Com-
missioner shall pay this portion of the interest and administrative cost allow-
ance to the holder of tile loan on behalf of and for the account of the borrower
at such times as may be specified in regulations in force when the applicable
agreement entered into pursuant to subsection (b) was made. or if tile loan
was made by a State or is insured under a program which is not covered by
such an agreement, at such times as may be specified in regulations in force at
tile time tile loan was paid to the student.
(B) If (i) a State student loan insurance program is covered by an agree-
ment under subsection (b). (ii) a statute of such State limits the interest rate
on loans insured by such program to a rate w-hich is less than 7 per centum
per annum Ofl tile unpaid principal balance, and (iii) the Commissioner deter-
mines that section 42S (d) does not make sucil statutory limitation inapplicable
and that such statutory limitation threatens to impede the carrying out of tile
purposes of this part, then he may pay an adnlinistrative cost allowance to the
ilolder of each loan wilich is insured under such program and which is made
during the period beginning on tile 60th day after tile date of enactnlent of the
Higher Education Amendments of 1968 and ending 120 days after the adjourn-
ment of such State's first regular legislative session which adjourns after Jan-
uary 1, 1969. Such administrative cost allowance shall be paid over the term of
tile loan in an amount per annum (determined by the Commissioner~ which
shall not exceed 1 per centunl of the unpaid principal balance of the loan.
(3) Each holder of a loan w-ith respect to u-Inch paynlents of interest or of
administrative cost allowances are required to be made by the Conlmissioner
silall submit to tile Commissioner at such time or times anti in sUcil manner as
he may prescribe, statements containmg sucil infornlation as may be required
by or pursuant to regulation for tile purpose of enabling the Commissioner to
determine the amount of tile payment which he must make with respect to that
loan.
(4) The period referred to in subparagraplls (Bi and (C) of paragraph (1)
of tills subsection shall begin on the date of enactment of this Act and end at
tile close of June 30, 1975, except that. in the case of a 10011 made or insured
under a student 10011 or loan illsuraace program to enable a student who 1105
obtained a prior loan made or insured under such program to continue ills educa-
tional program, such period shall elld at tile close of June 30. 1979.
(5) No paynlent may be made under this section with respect to tue interest
on a loan made fronl a student loan fund estahlislled under title II of tile Na-
tional Defense Education Act of 1958.
(b) (1) Any State or any nonprofit private institutloll or organization may
enter into an agreement with tile Commissioner for tile purpose of entitling
students who receive loans which are insured under a student loan insurance
program of that State, institution, or organization to llave made on their behalf
the payments Provided for in subsection (a) if the Commissioner determines
that the student loan insurance progranl-
(A) authorizes the insurance of not less than $1,000 nor more than .81.500
in loans to any individual student in any acadenlic year or its equivalent
(as determined under regulations of tile Commissioner). which limit shall
not be deemed exceeded by a line of credit under which actual payments by
tile lender to tile borrower will not be made in any such year in excess of
such annual limit: and provides that the aggregate insured unpaid prin-
cipal amount of all such insured loans made to any student shall not at
any time exceed $7,500:
(B) authorizes the insurance of loans to any individual student for at
least six academic years of study or their equivalent (as determined under
regulations of tile Commissioner)
(C) provides tilat (i) the student borrower shall be entitled to accelerate
without penalty tile whole or any part of an insured loan. (ii) except as
provided in subsection (e) of tills section. tile period of any insured loan
may not exceed fifteen years from the date of execution of the note or other
written evidence of tile loan, and (iii) tile note or Otller written evidence
of any loan n~ay contain such provisions relating to repayment in the event
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of default by the borrower as may be authorized by regulations of the Com-
missioner in effect at the time such note or written evidence was executed;
(D) subject to paragraphs (C) and (K) of this paragraph and except
as provided by subsection (e) of this section, provides that repayment of
loans shall be in installments over a period of not less than five years nor
more than ten years beginning not earlier than nine months nor later than
one year after the student ceases to pursue a full-time course of study at
an eligible institution, except that if the program provides for the insurance
of loans for part-time study at eligible institutions the program shall pro-
vide that such repayment period shall begin not earlier than nine months
nor later than one year after the student ceases to carry at an eligible in-
stitution at least one-half the normal full-time academic workload as de-
termined by the institution;
(E) authorizes interest on the unpaid balance of the loan at a yearly
rate not in excess of 7 per centum per annum on the unpaid principal bal-
ance of the loan (inclusive of any premium for insurance which may be
passed on to the borrower)
(F) insures not less than 80 per centumn of the unpaid principal of loans
insured under the program;
(G) does not provide for collection of an excessive insurance premium;
(H) provides that the benefits of the loan insurance program will not
be denied any student because of his family income or lack of need if his
adjusted family income at the time the note or written agreement is ex-
ecuted is less than $15,000 (as determined pursuant to the regulations of
the Commissioner prescribed under section 428(a) (1));
(I) provides that a student may obtain insurance under the program for
a loan for any year of study at an eligible institution;
(J) in the case of a State program, provides that such State program is
administered by a single State agency, or by one or more nonprofit private
institutions or organizations under the supervision of a single State agency;
and
(K) provides that the total of the payments by a borrower during any
year of any repayment period with respect to the aggregate amount of all
loans to that borrower which are (i) insured under this part, or (ii) made
by a State or the Commissioner under section 428(a) (1) (B) or 433, re-
spectively, shall not be less than $360 or the balance of all such loans (to-
gether with interest thereon), whichever amount is less.
(2) Such an agreement shall-
(A) provide that the holder of any such loan will be required to submit
to the Commissioner, at such time or times and in such manner as he may
prescribe, statements containing such information as may be required by
or pursuant to regulation for the purpose of enabling the Commissioner to
determine the amount of the payment which lie must make with respect to
the loan;
(B) include such other provisions as may be necessary to protect the
financial interest of the United States and promote the purposes of this
part, including such provisions as may be necessary for the purpose of sec-
tion 437, and as are agreed to by the Commissioner and the State or non-
profit private organization or institution, as the case may be; and
(C) provide for making such reports in such form and containing such
information as the Commissioner may reasonably require to carry out his
function under this part and for keeping such records and for affording
such access thereto as the Commissioner may find necessary to assure the
correctness and verification of such reports.
(c) (1) The Commissioner may enter into a guaranty agreement with any
State or any nonprofit private institution or organization with which he has an
agreement pursuant to subsection (b), whereby the Commissioner shall under-
take to reimburse it, under such terms and conditions as he may establish,
in an amount equal to 80 per centum of the amount expended by it in discharge
of its insurance obligation, incurred under its loan insurance program, with
respect to losses (resulting from the default of the student borrower) on the
unpaid balance of the principal (other than interest added to principal) of any
insured loan with respect to which a portion of the interest (A) is payable by
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the Commissioner under subsection (a), or (B) would be payable under such
subsection but for the adjusted family income of the borrower.
(2) The guaranty agreement-
(A) shall set forth such administrative and fiscal procedures as may be
necessary to l)roteCt the United States from the risk of unreasonable loss
thereunder, to insure proper and efficient administration of the loan insurance
program, and to assure that due diligence will be exercised in the collec-
tion of loans insured under the program;
(B) shall provide for making such reports, in such form and containing
such information, as the Commissioner may reasonably require to carry
out his function under this subsection, and for keeping such records and
for affording such access thereto as the Commissioner may find necessary
to assure the correctness and verification of such reports;
(C) shall set forth adequate assurance that. w-ith respect to so much of
any loan insured under the loan insurance program as may be guaranteed
by the Commissioner pursuant to this subsection, the undertaking of the
Commissioner under the guaranty agreement is acceptable in full satisfaction
of State law or regulation requiring the maintenance of a reserve:
(D) shall provide that if, after the Commissioner has made payment
under the guaranty agreement pursuant to paragraph (1) of this subsection
with respect to any loan, any payments are made in discharge of the obliga-
tion incurred by the borrower with respect to such loan (including any pay-
ments of interest accruing on such loan after such payment by the Com-
missioner), there shall be paid over to the Commissioner (for deposit in the
fund established by section 431) such proportion of the amounts of such
payments as is determined (in accordance with regulations prescribed by
the Commissioner) to represent his equitable share thereof, but shall not
otherwise provide for subrogation of the United States to the rights of any
insurance beneficiary: Provided, That, except as the Commissioner may
otherwise by or pursuant to regulation provide, amounts so paid by a bor-
row-er on such a loan shall be first applied in reduction of principal owing
on such loan; and
(E) may include such other provisions as may be necessary to promote
the purposes of this part.
(3) To the extent provided in regulations of the Commissioner, a guaranty
agreement under this subsection may contain provisions which permit such
forbearance for the benefit of the student borrow-er as may be agreed upon by
the parties to an insured loan and approved by the insurer.
(4) For purposes of this subsection, the terms "insurance beneficiary" and
"default" shall have the meanings assigned to them by section 430(e).
(5) In the case of any guaranty agreement entered into prior to September 1,
1969, with a State or nonprofit private institution or organization with which
the Commissioner has in effect on that date an agreement pursuant to subsec-
tion (b) of this section, or section 9(b) of the National Vocational Student
Loan Insurance Act of 1965, made prior to the date of enactment of this sub-
section, the Commissioner may, in accordance with the terms of this subsection.
undertake to guarantee loans described in paragraph (1) which are insured by
such State, institution, or organization and are outstanding on the date of
execution of the guaranty agreement, but only with respect to defaults occur-
ring after the execution of such guaranty agreement or, if later, after its effec-
tive date.
(d) No provision of any law of the LTnited States (other than sections
427(a) (2) (D) and 427(b) of this Act) or of any State (other than a statute
applicable principally to such State's student loan insurance program~ which
limits the rate or amount of interest payable on loans shall apply to a loan-
(1) which l)ears interest (exclusive of any premium for insurance) on
the unpaid principal balance at a rate not in excess of 7 per centum per
annum, and
(2) which is insured (A) by the United States under this part. or (B~ by
a State or nonprofit institution or organization under a program covered
by an agreement made pursuant to subsection (b) of this section.
(e) The Commissioner shall encourage the inclusion, in any State student
loan program or any State or nonprofit private student loan insurance program
meeting the requirements of subsection (a) (1) (B) or (a) (1) (C), of provisions
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307
authorizing or requiring that in the case of student loans covered by such pro-
gram periodic installments of principal need not be paid, but interest shall
accrue and be paid, during any period (1) during which the borrower is pur-
suing a full-time course of study at an eligible institution, (2) not in excess of
three years during which the borrower is a member of the Armed Forces of the
United States, (3) not in excess of three years during w-hich the borrower is in
rervice as a volunteer under the Peace Corps Act, or (4) not in excess of three
years during which the borrower is in service as a full-time volunteer under
title VIII of the Economic Opportunity Act of 1964. In the case of any such
State or nonprofit private program containing such a provision any such period
shall be excluded in determining the period specified in subsection (b) (1)
(C) (ii), or the maximum period for repayment specified in subsection (b) (1) (D).
(20 U.S.C. 1078) Enacted Nov. 8, 1965, FL. 89-~329, Title IV, sec. 428, 79 Stat. 1240;
amended Aug. 3, 1968, P.L. 90-460, sec. 1, 2, 3, 82 Stat. 634-638; amended Oct. 16, 1908,
P.L. 90-575, Title I, sec. 111, 112, 113, 115, 116, 117, 120, 82 Stat. 1020-27; amended
June 23, 1972, P.L. 02-318, sec. 132(b), 86 Stat. 261.
OERTIFICATE OF FEDERAL LOAN INSURANCE-EFFECTIVE I)ATE OF INSURANCE
SEC. 429. (a) (1) If, upon application by an eligible lender, made upon such
form, containing such information, and supported by such evidence as the Com-
missioner may require, and otherwise in conformity with this section, the Com-
missioner finds that the applicant has made a loan to an eligible student which is
insurable under the provisions of this part, he may issue to the applicant a
certificate of insurance covering the loan and setting forth the amount and terms
of tile insurance.
(2) Insurance evidenced by a certificate of insurance pursuant to subsection
(a) (1) shall become effective upon the date of issuance of tile certificate except
that the Commissioner is authorized, in accordance with regulations, to issue
commitments with respect to proposed loans, or with respect to lines (or pro-
posed lines) of credit, submitted by eligible lenders, and in that event, upon
compliance with subsection (a) (1) by the lender, the certificate of insurance
may be issued effective as of the date when any loan, or any payment by the
lender l)ursuant to a line of credit, to be covered by such insurance was made.
Such insurance shall cease to be effective upon sixty days' default by the lender
in tile payment of any installment of the premiums payable pursuant to sub-
section (c).
(3) An application submitted pursuant to subsection (a) (1) shall contain
(A) an agreement by the applicant to pay, in accordance with regulations, the
premiums fixed by the Commissioner pursuant to subsection (c), and (B) an
agreement by the applicant that if tile loan is covered by insurance the ap-
plicant will submit such supplementary reports and statements during the ef-
fective period of tile loan agreement, upon such forms, at such times, and
containing such information as the Commissioner may prescribe by or pursuant
to regulation.
(b) (1) In lieu of requiring a separate insurance application and issuing a
separate certificate of insurance for each student loan made by an eligible lender
as provided in subsection (a), the Commissioner may, in accordance with regu-
lations consistent with section 424, issue to any eligible lender applying therefor
a certificate of comprehensive insurance coverage wInch shall, without furtller
action by the Commissioner, insure all insurable loans made by that lender, on
or after the date of the certificate and before a specified cutoff date, within
the limits of an aggregate maximum amount stated in the certificate. Such
regulations may provide for conditioning such insurance, with respect to any
loan, upon compliance by the lender witll such requirements (to be stated or
incorporated by reference in the certificate) as in the Commissioner's judgment
will best acllieve the purpose of this subsection wIllie protecting the financial
interest of the United States and promoting the objectives of this part, includ-
ing (but not limited to) provisions as to the reporting of sucll loans and infor-
mation relevant thereto to the Commissioner and as to the payment of initial
and otller premiums and the effect of default therein, and including provision
for confirmation by the Commissioner from time to time (through endorsement
of the certificate) of the coverage of specific new loans by such certificate, which
confirmation shall be incontestable by the Commissioner in the absence of fraud
or misrepresentation of fact or patent error.
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(2) If the holder of a certificate of comprehensive insurance coverage issued
under this subsection grants to a student a line of credit extending beyond the
cutoff date specified in that certificate, loans or payments thereon made by the
holder after that date pursuant to the line of credit shall not be deemed to be
included in the coverage of that certificate except as may be specifically pro-
vided therein: but, subject to the limitations of section 424. the Commissioner
may, in accordance with regulations, make commitments to insure such future
loans or payments, and such commitments may be honored either as provided
in subsection (a) or by inclusion of such insurance in comprehensive coverage
under this subsection for the period or periods in wl1iCh such future loans or
payments are made.
(c) The Commissioner shall, pursuant to regulations, charge for insurance on
each loan under this part a premium in an amount not to exceed one-fourth of
1 per centuni per year of the unpaid principal amount of such loan (excluding
interest added to principal) payable in advance, at such times and in such
manner as may be prescribed by the Commissioner. Such regulations may pro~
vide that such premium shall not be payable, or if paid shall be refundable.
with respect to any period after default in the payment of principal or interest
or after the borrow-er has died or becomes totally and permanently disabled.
if (1) notice of such default or other event has been duly given, and (2) request
for payment of the loss insured against has been made or the Commissioner has
made such payment on his own motion pursuant to section 430(a).
(d) The rights of an eligible lender arising under insurance evidenced by a
certificate of insurance issued to it under this section may be assigned as security
by such lender only to another eligible lender. and subject to regulation by the
Commissioner.
(e) The consolidation of the obligations of two or more federally-insured
loans obtained by a student borrow-er in any fiscal year into a single obligation
evidenced by a single instrument of indebtedness shall not affect the insurance
by the United States. If the loans thus consolidated are covered by separate
certificates of insurance issued under subsection (a), the Commissioner may
upon surrender of the original certificates issue a new certificate of insurance
in accordance with that subsection upon the consolidated obligation: if they
are covered by a single comprehensive certificate issued under subsection (h),
the Commissioner may amend that certificate accordingly.
(20 U.S.C. 1079) Enacted Nov. S. 1965. Ph. S9-329, Title IV. sec. 420. 79 Stat. 1243.
DEFAULT OF STUDENT UNDER FEDERAL LOAN INSURANCE PROGRAM
SEc. 430. (a) Upon default by the student borrower on any loan covered by
Federal loan insurance pursuant to this part, and prior to the commencement
of suit or other enforcement proceedings upon security for that loan, the insur-
ance beneficiary shall promptly notify the Commissioner, and the Commissioner
shall if requested (at that time or after further collecting efforts) by the bene-
ficiary, or may on his ow-n motion, if the insurance is still in effect. pay to
the beneficiary the amount of the loss sustained by the insured upon that lean
as soon as that amount has been determined. The `amount of the loss" on any
loan shall, for the purposes of this subsection and subsection (h). be deemed to
he an amount equal to the unpaid balance of the principal amount of the loan
(other than interest added to principal).
(b) Upon payment by the Commissioner of the amount of the loss pursuant
to subsection (a), the United States shall be subrogated for all of the rights of
the holder of the obligation upon the insured loan and shall be entitled to an
assignment of the note or other evidence of the insured loan by the insurance
beneficiary. If the net recovery made by the Commissioner on a loan after
deduction of the cost of that recovery (including reasonable administrative costs)
exceeds the amount of the loss, the excess shall he l)aid over to the insured.
(c) Nothing in this section or in this part shall be construed to preclude any
forbearance for the benefit of the student borrower which may he agreed upon
by the parties to the insured loan and approved by the Commissioner. or to
preclude forbearance by the Commissioner in the enforcement of the insured
obligation after payment on that insurance.
(d) Nothing in this section or in this part shall be construed to excuse the
holder of a federally insured loan from exercising reasonable care and diligence
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in the making and collection of loans under the provisions of this part. If the
Commissioner, after reasonable notice and opportunity for hearing to an eligible
lender, finds that it has substantially failed to exercise such care and diligence
or to make the reports and statements required under section 428(a) (3) and
seCtion 429 (a) (3), or to pay the required Federal loan insurance premiums, he
shall disqualify that lender for further Federal insurance on loans granted pur-
suant to this part until he is satisfied that its failure has ceased and finds that
there is reasonable assurance that the lender will in the future exercise neces-
sary care and diligence or com~)ly with such requirements, as the case may be.
(e) As used in this section-
(1) the term "insurance beneficiary' means the insured or its authorized
assignee in accordance with section 429 (d) ; and
(2) the term "default" includes only such defaults as have existed for
(A) one hundred and twenty days in the case of a loan which is repayable
in monthly installments, or (B) one hundred and eighty days in the case
of a loan which is repayable in less frequent installments.
(20 U.S.C. 1080) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 430, 79 Stat. 1244;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 113, 82 Stat. 1021.
INSURANCE FUNI)
SEC. 431. (a) There is hereby established a student loan insurance fund (here-
hmfter in this section called the "fund") which shall be available without fiscal
year limitation to the Conunissioner for making payments in connection with
the default of loans insured by him under this part, or in connection with pay-
ments under a guaranty agreement under section 428(c). All amounts received
by the Commissioner as premium charges for insurance and as receipts, earn-
ings, or proceeds derived from any claim or other assets acquired by the Com-
missioner in connection with his operations under this pnrt, and any other
moneys, property, or assets derived by the Commisisoner from his operations
in connection with this section, shall be deposited in the fund. All payments in
connection with the default of loans insured by the Commissioner under this
part, or in connection with such guaranty agreements shall be paid from the
fund. Moneys in the fund not needed for current operations under this section
may be invested in bonds or other obligations guaranteed as to principal and
interest by the United States.
(b) If at any time the moneys in the fund are insufficient to make payments
in connection with the default of nny loan insured by the Commissioner under
this part, or in connection with any guaranty ngreement made under section
428 (c), the Commissioner is authorized to issue to the Secretary of the Treasury
notes or other obligations in such forms and denominations, bearing such inn-
turities, and subject to such terms and conditions as may be prescribed by
the Commissioner with the approval of the Secretary of the Treasury. Such
notes or other obligations shall bear interest at a rate determined by the Secre-
tary of the Treasury, taking into consideration the current average market yield
on outstanding marketable obligations of the United States of comparable ma-
turities during the month preceding the issuance of the notes or other obliga-
tions. The Secretary of the Treasury is authorized and directed to purchase any
notes and other obligations issued hereunder and for that purpose he is au-
thorized to use as a public debt transaction the proceeds from the sale of any
securities issued under the Second Liberty Bond Act, as amended, and the pur-
poses for w-hich securities may be issued under that Act, as amended, are ex-
tended to include any purchase of such notes and obligations. The Secretary
of the Treasury may at any time sell any of the notes or other obligations acquired
by him under this subsection. All redemptions, purchases, and sales by the Secre-
tary of the Treasury of such notes or other obligations shall be treated as public
debt transactions of the United States. Sums borrowed under this subsection shall
be deposited in the fund and redemption of such notes and obligations shall be
made by the Commissioner from such fund.
(20 U.S.C. 1081) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, see. 431, 79 Stat. 1245;
amended Aug. 3, 1968, P.L. 90-460, sec. 3, 82 Stat. 638.
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LEGAL POWERS AND RESPONSIBILITIES
SEC. 432. (a) In the performance of, and w-ith respect to. the functions.
powers, and duties vested in him by this part, the Commissioner may-
(1) prescribe such regulations as may be necessary to carry out the
purposes of this part;
(2) sue and be sued in any court of record of a State having general
jurisdiction or in any district court of the United States, and such district
courts shall have jurisdiction of civil actions arising under this part with-
out regard to the amount in controversy, and any action instituted under
this subsection by or against the Commissioner shall survive notwithstand-
ing any change in the person occupying the office of Commissioner or any
vacancy in that office; but no attachment. injunction, garnishment, or other
similar process, mesne, or final, shall be issued against the Commissioner
or property under his control, and nothing herein shall be construed to
except litigation arising out of activities under this part from the applica-
lion of sections 507(b) and 2679 of title 28 of the United States Code and of
section 316 of Title 5,1
(3) include in any contract for Federal loan insurance Such terms, condi-
tions, and covenants relating to repayment of principal and payment of
interest, relating to his obligations and rights and to those of eligible lend-
ers, and borrowers in case of default, and relating to such other matters as
the Commissioner determines to be necessary to assure that the purposes
of this part will be achieved; and any term, condition, and covenant made
pursuant to this clause or any other provisions of this part may be modi-
fled by the Commissioner if he determines that modification is necessary
to protect the financial interest of the United States:
(4) subject to the specific limitations in this part. consent to the modi-
fication, with respect to rate of interest, time of payment of any installment
of principal and interest or any portion thereof, or any other provision of
any note or other instrument evidencing a loan which has been insured by
him under this part;
(5) enforce, pay, or compromise, any claim on, or arising because of. any
Such insurance or any guarantee agreement under section 428(c) ; and
(6) enforce, pay, compromise, waive, or release any right, title, claim,
lien, or demand, however acquired, including any equity or any right or
redemption.
(b) The Commissioner shall, with respect to the financial operations arising
by reason of this part-
(1) prepare annually and submit a budget program as provided for
wholly owned Government corporations by the Government Corporation
Control Act; and
(2) maintain with respect to insurance under this part an integral set of
accounts, which shall be audited annually by the General -&ccounting Office
in accordance with principles and procedures applicable to commercial
corporate transactions, as provided by section 103 of the Government Corpo-
ration Control Act, except that the transactions of the Commissioner, in-
cluding the settlement of insurance claims and of claims for payments
pursuant to section 428, and transactions related thereto and vouchers ap-
proved by the Commissioner in connection with such transactions, shall he
final and conclusive upon all accounting and other officers of the Government.
(20 U.S.C. 1082) Enacted Nov. 8, 1963. P.L. S9-329. Title IV sec. 432. 79 Stat. 1246:
amended Aug. 3, 1968, P.L. 90-460, sec. 3. 82 Stat. 638.
DIRECT LOANS
SEC. 433. (a) The Commissioner may make a direct loan to any student who
would be eligible for an insured loan for study at a vocational school under
this part if (1) in the particular area in which the student resides loans which
are insurable under this Act are not available at the rate of interest prescribed
by the Secretary pursuant to section 427(a) (2) (B) for such area, or (2) the
particular student has been unable to obtain an insured loan at a rate of interest
which does not exceed such rate prescribed by the Secretary.
28 U.S.C. 507(G) repealed and replaced by 28 U.S.C. 509 and 547 5 U.S.C. 316 repealed
and replaced by 28 U.S.C. 517, `Sept. 6, 1966, P.L. 89-554, sec. Sn, 80 Stat. 833.
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(b) Loans made under this section shall bear interest at the rate prescribed
by the Secretary under section 427(a) (2) (D) for the area where the student
resides, and shall be made on such other terms and conditions as the Commis-
sioner shall prescribe, which shall conform as nearly as practicable to the terms
and conditions of loans insured under this Act.
(c) There is authorized to be appropriated the sum of $1,000,000 for the fiscal
year ending June 30, 1009 and for each of the succeeding fiscal years ending prior
to July 1, 1975 to carry out this section.
(20 U.s.c. 1083) Enacted Nov. 8, 1965, P.L. 89-~329, Title IV, sec. 435, 79 Stat. 1247;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 116, 82 Stat. 1024; amended June 23,
1972, Ph. 92-318, sec. 132(c), 86 Stat. 261.
PARTICIPATION BY FEDERAL CREDIT UNIONS IN FEDERAL, STATE, AND
PRIVATE STUDENT LOAN INSURANCE PROGRAMS
SEC. 434. Notwithstanding any other provision of law, Federal cmdit unions
shall, pursuant to regulations of the Director of the Bureau of Federal Credit
Unions, have power to make insured loans up to 15 per centum of their assets, to
student members in accordance with the provisions of this part relating to fed-
erally insured loans, or in accordance with the provisions of any State or non-
profit private student loan insurance program which meets the requirements of
section 428(a) (1) (C).
(20 U.S.C. 1084) Enacted Nov. 8, 1965, Ph. 89-329, Title IV, sec. 434, 79 Stat. 1247;
amended Oct. 16, 1968, Ph. 9O-~575, Title I, sec. 116, 82 Stat. 1024.
DEFINITIONS FOR REDUCED-INTEREST STUDENT LOAN INSURANCE PROGRAM
SEC. 435. As used in this part:
(a) The term "eligible institution" means (1) an institution of higher educa-
tion, (2) a vocational school, or (3) with respect to students who are nationals
of the United States, an institution outside the States which is comparable to an
institution of higher education or to a vocational school and which has been
approved by the Commissioner for purposes of this part.
(b) The term "institution of higher education" means an educational institu-
tion in any State which (1) admits as regular students only persons having a
certificate of graduation from a school providing secondary education, or the
recognized equivalent of such certificate, (2) is legally authorized within such
State to provide a program of education beyond secondary education, (3) pro-
vides an educational program for which it awards a bachelor's degree or provides
not less than a two-year program which is acceptable for full credit toward such
a degree, (4) is a public or other nonprofit institution, and (5) is accredited by
a nationally recognized accrediting agency or association approved by the Com-
missioner for this purpose or, if not so accredited, (A) is an institution with
respect to which the Commissioner has determined that there is satisfactory
assurance, considering the resources available to the institution, the period of
time, if any, during which it has operated, the effort it is making to meet accredi-
tation standards, and the purpose for which this determination is being made.
that the institution will meet the accreditation standards of such an agency or
association within a reasonable time, or (B) is an institution whose credits are
accepted on transfer by not less than three institutions which are so accredited,
for credit on the same basis as if transferred from an institution so accredited.
Such term includes any public or other nonprofit collegiate or associate degree
school of nursing and any school which provides not less than a one-year program
of training to prepare students for gainful employment in a recognized occupa-
tion and which meets the provisions of clauses (1), (2), (4), and (5). If the
Commissioner determines that a particular category of such schools does not
meet the requirements of clause (5) because there is no nationally recognized
accrediting agency or association qualified to accredit schools in such category,
he shall, pending the establishment of such an accrediting agency or association,
appoint an advisory committee, compose?1 of persons specially qualified to evaluate
training provided by schools in such categor~', which shall (i) prescribe the
standards of content, scope, and quality which must be met in order to qualify
schools in such category to participate in the program pursuant to this part, and
(ii) determine whether particular schools not meeting the requirements of clause
(5) meet those standards. For purposes of this subsection, the Commissioner
shall publish a list of nationally recognized accrediting agencies or associations
which he determines to be reliable authority as to the quality of training offered.
44-078 0 - 75 - 21
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(c) The term "vocational school" means a business or trade school or technical
institution or ether technical or vocational school, in any State, which (1) admits
as regular students only persons who have completed or left elementary or sec-
ondary school and who have the ability to benefit from the training offered by
such institution; (2) is legally authorized to provide, and provides within that
State, a program of postsecondary vocational or technical education designed to
fit individuals for useful employment in recognized occupations; (3) has been in
existence for two years or has been specially accredited by the Commissioner as
an institution meeting the other requirements of this subsection; and (4) is
accredited (A) by a nationally recognized accrediting agency or association listed
by the Commissioner pursuant to this clause, (B) if the Commissioner determines
that there is no nationally recognized acerediting agency or association qualified
to accredit schools of a particular category, by a State agency listed by the Com-
missioner pursuant to this clause and (C) if the Commissioner determines there
is no nationally recognized or State agency or association qualified to accredit
schools of a particular category, by an advisory committee appointed by him and
composed of persons specially qualified to evaluate training provided by schools
of that category, which committee shall prescribe the standards of content, scope,
and quality which must be met by those schools in order for loans to students
attending them to be insurable under this part and shall also determine whether
particular schools meet those standards. For the purpose of this subsection, the
Commissioner shall publish a list of nationally recognized accrediting agencies or
associations and State agencies which he determines to be reliable authority as to
the quality of education or training afforded.
(d) The term "collegiate school of nursing" means a department, division, or
other administrative unit in a college or university which provides primarily or
exclusively an accredited program of education in professional nursing and allied
subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of
nursing, or to an equivalent degree, or to a graduate degree in nursing.
(e) The term "associate degree school of nursing" means a department, divi-
sion, or other administrative unit in a junior college, community college, college,
or university which provides primarily or exclusively an accredited two-year
program of education in professional nursing and allied subjects leading to an
associate degree in nursing or to an equivalent degree.
(f) The term "accredited" when applied to any program of nurse education
means a program accredited by a recognized body or bodies approved for such
purpose by the Commissioner of Education.
(g) The term "eligible leader" means an eligible institution, an agency or
instrumentality of a State, or a financial or credit institution (including an in-
surance company) which is subject to examination and supervision by an agency
of the United States or of any State, or a pension fund approved by the Commis-
sioner for this purpose.
(h) The term "line of credit" means an arrangement or agreement between
the lender and the borrower whereby a loan is paid out by the lender to the
borrower in annual installments, or whereby the lender agrees to make. in addi-
tion to the initial loan, additional loans in subsequent years.
(20 U.S.C. 1085) Enacted Nov. 8. 1965, P.L. 89-329. TItle IV, sec. 435, T9 Stat. 1247;
as amended Oct. 29, 1966, P.L. 89-698, Title II, sec. 204, 80 Stat. 1072; amended Oct. 16,
1968, P.L. 90-575, Title I, sec. 116, 82 Stat. 1023-26.
DISTRICT OF COLUMBIA STUDENT LOAN INSURANCE PROGRAM
SEC. 43f. (a) The Board of Commissioners of the District of Columbia is au-
thorized (1) to establish a student loan insurance program which meets the re-
quirements of this part for a State loan insurance program in order to enter into
agreements with the Commissioner for the purposes of this title and such Act, (2)
to enter into such agreements with the Commissioner, (3) to use amounts appro-
priated to such Board for the purposes of this section to establish a fund for
such purposes and for expenses in connection therewith, and (4) to accept and
use donations for the purposes of this section.
(b) Notwithstanding the provisions of any applicable law, if the borrower. on
any loan insured under the program established pursuant to this section. is a
minor, any otherwise valid note or other written agreement executed by him for
the purposes of such loan shall create a binding obligation.
(c) There are authorized to be appropriated to such Board such amounts as
may be necessary for the purposes of this section.
(20 U.S.C. 1086) Enacted Nov. 3, 1966, P.L. 89-752. sec. 12, 80 Stat. 1244; amended
Oct. 16, 1968. P.L. 90-575, Title I, sec. 116, 82 Stat. 1024.
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REPAYMENT BY COMMISSIONER OF LOANS OF DECEASED OR DISABLED
BORROWERS
SEC. 437. If a student borrower who has received a loan with respect to which
a portion of the interest (1) is payable by the Commissioner under section 428 (a),
or (2) would be payable but for the adjusted family income of the borrower, dies
or becomes permanently and totally disabled (as determined in accordance with
regulations of the Commissioner), then the Commissioner shall discharge the
borrower's liabflity on the loan by repaying the amount owed on the loan.
(20 U.S.C. 1087) Enacted Oct. 16, 1968, P.L. 90-575, Title I, sec. 113, 82 Stat. 1020.
ELIGIBILITY OF INSTITUTIONS
SEc. 438(a) *
(b) The Commissioner shall publish a list of State agencies which he deter-
niines to be reliable authority as to the quality of public postsecondary voca-
ticnal eçlucation in their respective States for the purpose of determining eligi-
bility for all Federal student assistance programs.
(20 U.S.C. 1087-1) Enacted June 23, 1972, P.L. 92-318, sec. 132E(a), 86 Stat. 264.
(N0TE.-The following provisions govern all loans made under the Student
Loan Program between July 1, 1972 and August 18, 1972 or after March 1, 1973.)
PART B-FEDERAL, STATE, AND PRIVATE PROGRAMS OF Low-INTErnisT
INSURED LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER EDUCA-
TION 1
STATEMENT OF PURPOSE AND APPROPRIATIONS AUTHORIZED
SEC. 421. (a) The purpose of this part is to enable the Commis-
sioner (1) to encourage States and nonprofit private institutions and
organizations to establish adequate loan insurance programs for stu-
dents in eligible institutions (as defined in section 435), (2) to pro-
vide a Federal program of student loan insurance for students or
lenders who do not have reasonable access to a State or private non-
profit program of student loan insurance covered by an agreement
under section 428(b), (3) to pay a portion of the interest on loans
to qualified students which are made by a State under a direct loan
program meeting the requirements of section 428 (a) (1) (B), or which
are insured under this part or under a program of a State or of a
nonprofit private institution or organization which meets the re-
quirements of section 428(a) (1) (C), and (4) to guarantee a portion
of each loan insured under a program of a State or of a nonprofit
private institution or organization which meets the requirements of
section 428(a) (1) (C).
(b) For the purpose of carrying out this part-
(1) there are authorized to be appropriated to the student loan
insurance fund (established by section 431) (A) the sum of
$1,000,000, and (B) such further sums, if any, as may become
necessary for the adequacy of the student loan insurance fund,
(2) there are authorized to be appropriated, for payments
under section 428 with respect to interest and administrative cost
allowances on student loans and for payments under section 437,
such sums for the fiscal year ending Juite 30, 1966, and succeeding
fiscal years, as may be required therefor,
(3) there is authorized to be appropriated the sum of $17,500,-
000 for making advances pursuant to section 422 for the reserve
`"The Emergency Insured Student Loan Act of 1969" modIfies title IV-B with respect
to special allowances for lenders of insured student loans. Text appears on page 434.
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funds of State and nonprofit private student loan insurance
programs, and
(4) there is authorized to be appropriated the sum of ~12,-
500,000 for making advances after June 30, 1968, pursuant to sec-
tion 422 for the reserve funds of State and nonprofit private
student loan insurance programs.
Sums appropriated under clauses (1), (2) and (4) of this subsection
shall remain available until expended, and sums appropriated under
clause (3) of this subsection shall remain available for advances under
section 422 until the close of the fiscal year ending June 30, 1968.
(20 U.S.C. 1071) Enacted Nov. 8, 1965, P.L. 89-329. Title IV~ sec. 421. 79 Stat.
1236; amended Aug. 3, 1968, P.L. 90-460, sees. 2, 3, 82 Stat. 635-6; amended Oct.
16, 1968, P.L. 90-575, Title I, sees. 113, 114, 119, 82 Stat. 1020, 1021, 1027.
ADVANCES FOR RESERVE FUNDS OF STATE AND NONPROFIT PRIVATE LOAN
INSURANCE PROGRAMS
SEc. 422. (a) (1) From the sums appropriated pursuant to clauses
(3) and (4) of section 421 (b)~ the Commissioner is authorized to
make advances to any State with which he has made an agreement
pursuant to section 428 (b) for the purpose of helping to establish or
strengthen the reserve fund of the student loan insurance program
covered by that agreement. If for any fiscal year a. State does not have
a student loan insurance~ program covered by an agreement made pur-
suant to section 428 (b), and the Commissioner determines after con-
sultation with the chief executive officer of that State that there is no
reasonable likelihood that the State will have such a student loan in-
surance program for such year, the Commissioner ma.y make advances
for such year for the same purpose to one or more nonprofit private
institutions or organizations with which he has made an agreement
pursuant to section 428 (b) in order to enable students in the State to
participate in a program of student loan insurance covered by such
an agreement. The Commissioner may make advances under this sub-
section both to a State program (with which he has such an agree-
ment) and to one or more nonprofit private institutions or organiza-
tions (with which he has such an agreement) in that State if he
determines that such advances are necessary in order that students in
each eligible institution have access through such institution to a
student loan insurance program which meets the requirement of
section 428(b) (1).
(2) No advance shall be made after June 30. 1968. unless matched
by an equal amount from non-Federal sources. Such equal amount
may include the unencumbered non-Federal portion of a reserve fund.
As used in the preceding sentence. the term "unencumbered non-Fed-
eral portion" means the amount (determined as of the time inimecli-
ately preceding the making of the advance) of the reserve fund tess
the greater of (A) the sum of (i) advances made under this section
prior to July 1, 1968, (ii) an amount equal to twice the amount of
advances made under this section after June 30, 1968, and before the
advance for purposes of which the determination is made. and (iii)
the proceeds of earnings on advances made under this section, or (B)
any amount which is required to be maintained in such fund pursuant
to State law or regulation, or by agreement with lenders. as a reserve
against the insurance of outstanding loans.
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(3) Advances pursuant to this subsection shall be upon such terms
and conditions (including conditions relating to the time or times of
payment) consistent with the requirements of section 428 (b) as the
Commissioner determines will best carry out the purposes of this
section. Advances made by the Commissioner under this subsection
shall be repaid within such period as the Commissioner may deem to
be appropriate in each case in the light of the maturity and solvency
of the reserve fund for which the advance was made.
(b) (1) The total of the advances to any State prior to July 1, 1968,
pursuant to subsection (a) may not exceed an amount which bears the
same ratio to 21/2 per centum of $700,000,000 as the population of that
State aged eighteen to twenty-two, inclusive, bears to the total popu-
lation of all the States aged eighteen to twenty-two, inclusive. The
amount available, however, for advances to any State for each fiscal
year ending prior to July 1, 1968, shall not be less than $25,000, and
any additional funds needed to meet this requirement shall be derived
by proportionately reducing (but not below $25,000 per year) the
amount available for advances to each of the remaining States. Ad-
vances to nonprofit private institutions and organizations prior to
July 1, 1968, pursuant to subsection (a) may be in such amounts as the
Commissioner determines will best achieve the purposes for which
they are made, except that the sum of (1) advances to such institutions
and organizations for the benefit of students in any State plus (2) the
amounts advanced to such State, may not exceed the maximum amount
which may be advanced to that State pursuant to the first two sen-
tences of this subsection.
(2) The total of the advances from the sums appropriated pur-
suant to clause (4) of section 421 (b) (A) to nonprofit private insti-
tutions and organizations for the benefit of students in any State
and (B) to such State may not exceed an amount which bears the
same ratio to such sums as the population of such State aged eighteen
to twenty-two, inclusive, bears to the population of all the States aged
eighteen to twenty-two, inclusive, but such advances may otherwise
be in such amounts as the Commissioner determines will best achieve
the purposes for which they are made. The amount available, how-
ever, for advances to any State shall not be less than $25,000, and any
additional funds needed to meet this requirement shall be derived by
proportionately reducing (but not below $25,000) the amount avail-
able for advances to each of the remaining States.
(3) For the puiposes of this subsection, the population aged eight-
een to twenty-two, inclusive, of each State and of all the States shall
be determined by the Commissioner on the basis of the most recent
satisfactory data available to him.
(20 U.S.C. 1072) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 422, 79 Stat.
1236; amended Nov. 3, 1966, P.L. 89-752, sec. 11, 80 Stat. 1243; amended Oct. 16,
1968, P.L. 90-575, Title I, sec. 114, 82 Stat. 1021.
EFFECTS OF ADEQUATE NON-FEDERAL PROGRAMS
SEC. 423. (a) Except as provided in subsection (b), the Commis-
sioner shall not issue certificates of insurance under section 429 to
lenders in a State if he determines that every eligible institution has
reasonable access in that State to a State or private nonprofit student
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loan insurance program which is covered by an agreement under sec-
tion 428(b).
(b) The Commissioner may issue certificates of insurance under
section 429 to a lender in a State-
(1) for insurance of a loan made to a student. borrower who
does not, by reason of his residence, have access to loan insurance
under the loan insurance program of such State (or under any
private nonprofit loan insurance program which has received an
advance under section 422 for the benefit of students in such
State), or
(2) for insurance of all of the loans made to student borrowers
by a lender who satisfies the Commissioner that, by reason of the
residence of such borrowers, he will not have access to any single
State or nonprofit private loan insurance program which will
insure substantially all of the loans he intends to make to such
student borrowers.
(20 U.S.C. 1073) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 423, 79 Stat.
1237; amended Oct. 16, 1968, P.L. 90-575, sec. 119, 82 Stat. 1026.
SCOPE AND DU1IATION OF FEDERAL LOAN INSuRANCE PROGRAM
SEC. 424. (a) The total principal amount of new loans made and
installments paid pursuant to lines of credit (as defined in section
435) to students covered by Federal loan insurance under this part
shall not exceed $1,400.000,000 for the fiscal year ending ~June 30. 1972,
$1,600,000,000 for the fiscal year June 30. 1973, $1.800.000,000 for the
fiscal year ending June 30, 1974, and $2,000,000,000 for the fiscal year
ending June 30, 1975. Thereafter~ Federal loan insurance pursuant to
this part may be granted only for loans made (or for loan install-
ments paid pursuant to lines of credit) to enable students, who have
obtained prior loans insured under this part, to continue or complete
their educational program; but no insurance may be granted for any
loan made or installment paid after June 30, 1979.
(b) The Commissioner may, if he finds it necessary to do so in order
to assure an equitable distribution of the benefits of this part. as~inn.
within the maximum amounts specified in subsection (a), Federal loan
insurance quotas applicable to eligible lenders, or to States or areas,
and may from time to time reassign unused portions of these quotas.
(20 U.S.C. 1074) Enacted Nov. 8, 1965. P.L. 89-329. Title IV. sec. 424. 79 Stat.
1237; amended Aug. 3, 1968, P.L. 90-460, sec. 1. 82 Stat. 634; amended Oct. 16.
1968, P.L. 90-575, Title I, sec. 112, 82 Stat. 1020; amended lune 23. 1972, P.L.
92-318, sec. 132(a), 86 Stat. 261.
LIMITATIONS ON INDIVIDuAL FEDERALLY INSuRED LOANS AND ON FEDERAL
LOAN INSURANCE
SEC. 425. (a) The total of the loans made to a student in any
academic year or its equivalent (as determined under regulations of
the Commissioner) which may be covered by Federal loan insurance
under this part may not exceed $2,500, except in cases where the Com-
missioner determines, pursuant to regulations prescribed by him. that.
a higher amount is warranted in order to carry out the purposes of
this part with respect to students engaged in specialized training re-
quiring exceptionally high costs of education. The aggregate insured
PAGENO="0327"
317
unpaid principal amount for all such insured loans made to any stu-
dent shaH not at any time exceed $7,500, in the case of any student who
has not successfully completed a program of undergraduate education,
and $10,000 in the case of any graduate or professional student (as
defined by regulations of the Commissioner and including any loans
which are insured by the Commissioner under this pait or by a State
or nonprofit institution or organization with which the Commissioner
has an agreement under section 428(b) made to such person before he
became a graduate or professional student). The annual insurable
limit per student shall not be deemed to be exceeded by a line of credit
imcler which actual payments by the lender to the borrower will not
be macIc in any years in excess of the annual limit.
(b) The insurance liability on any loan insured by the Commissioner
under this part shall he 100 per ceiitum of the unpaid balance of the
principal amount of the loan plus interest. The full faith and credit
of the United States is pledged to the payment of all amounts which
may be required to be paid under the provisions of section 430 or 437
of this part.
(20 U.S.C. 1075) Enacted Nov. 8, 1905, P.L. 89-329, Title IV, sec. 425, 79 Stat.
1238; amended Oct. 16, 1968, P.L. 90-575. Title I, sees. 116, 120, 82 Stat. 1023 and
1027; amended June 23, 1972, P.L. 92-318, sec. 132(a), 86 Stat. 201; further
amended June 23, 1972, P.L. 92-318, sec. 132B (a), 86 Stat. 262.
SOURCES OF FUNDS
SEC. 426. Loans made by eligible lenders in accordance with this
part shall be insurable by the Commissioner whether made from funds
fully owned by the lender or from funds held by the lender in a trust
or similar capacity and available for such loans.
(20 U.S.C. 1076) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 426, 79 Stat.
1238.
ELIGIBILITY OF STUDENT BORROWERS AND TERMS OF FEDERALLY INSURE1~
STUDENT LOANS
SEC. 427. (a) A loan by an eligible lender shall be insurable by the
Commissioner under the provisions of this part only if-
(1) made to a student who (A) has been accepted for enroll-
ment at all eligible institution or, in the case of a student already
attending such institution, is in good standmg there as determined
by the institution, and (B) is carrying at least one-half of the
normal full-time workload as determined by the institution; and
(2) evidenced by a note or other written agreement which-
(A) is made without security and without endorsement,
except that if the borrower is a minor and such note or other
written agreement executed by him would not, under the
applicable law, create a binding obligation, endorsement may
be required,
(B) provides for repayment (except as provided in sub-
section (c)) of tile principal amount of the loan in install-
ments over a period of not less than five years (unless sooner
repaid) nor more than ten years beginning not earlier than
nine months nor later than one year after the date on which
PAGENO="0328"
318
the student ceases to carry at an eligible institution at least
one-half the normal full-time academic workload as deter-
mined by the institution, except (i) as provided iii clause (C)
below, (ii) that the period of the loan may not exceed fifteen
years from the execution of the note or written agreement
evidencing it, and (iii) that the note or other written instrn-
nient may contain such pro~si~~s relating to repayment in
the event of default in the payment of interest or in the
payment of the cost of insurance premiums, or other default
by the borrower, as may be authorized by regulations of the
Commissioner in effect at the time the loan is made~
(C) provides that periodic installments of principal need
not be paid, but interest shall accrue and be paid, during any
period (i) during which the borrower is pursuing a. full-
time course of study at an "eligible institution", (ii) not in
excess of three years, during which the borrower is a membei'
of the Armed Forces of the Tnited States. (iii) not in excess
of three years during which the. borrower is in service as a
volunteer under the Peace Corps Act, or (iv) not. in excess of
three years during which the borrower is in service as a full-
time volunteer under title VIII of the Economic Opportunity
Act of 1964, and any such period shall not be included in
determining the ten-year period or the fifteen-year period
provided in clause (B) above,
(D) provides for interest on t.he unpaid principal balance of
the loan at a yearly rate, not exceeding the applicable maximum
rate prescribed and defined by the Secretary (within the limits
set forth in subsection (b)) on a national. regional. or other ap-
propriate basis. which interest shall be payable in installments
over the period of the loan except that. if provided in the note
or other written agreement, any interest payable by the studeiit
may be deferred until not later than the date upon which repay-
ment of the first installment of principal falls clue. in which case
interest that has so accrued during that period may be added on
that date to the principal,
(E) provides that the lender will not collect or attempt to
collect from the borrower any l)ortion of the interest on the note
which is payable by the Commissioner under this part. and that
the lender will enter into such agreements with the Commissioner
as may be necessary for the purposes of section 437.
(F) entitles the student borrower to accelerate without penalty
repayment of the whole or any part of the loan, and
(G) contains such other terms and conditions. consistent with
the provisions of this part and with the regulations issued by the
Commissioner pursuant to this part. as may be agreed up~n by
the parties to such loan, including, if agreed upon. a provision re-
quirmg the borrower to pay to the lender. in addition to principal
and interest, amounts equal to the iiisurance premiums payable
by the lender to the Commissioner with respect to such fo~n.
(h) No maximum rate of interest prescribed and defined by the
Secretary for the purposes of clause (2) (D) of subsection (a)' may
exceed 7 per centum per annum on the unpaid principal balance of the
loan.
PAGENO="0329"
319
(c) The total of the payments by a borrower during any year of any
repayment period with respect to the aggregate amount of all loans
to that borrower which are insured under this part, or which are
made by a State or the Commissioner under section 425 (a) (1) (B) or
433, respectively, shall not be less than $360 or the balance of all of
such loans (together with interest therein), whichever amount is less.
(20 U.S.C. 1077) Enacted Nov. 8, 1965, P.L. 89-320, Title IV, sec. 427, 79 Stat.
1238; amended Nov. 8, 1966, P.L. 89-794, Title XI, sec. 1101(b), 80 Stat. 1476;
amended Aug. 3, 1968, P.L. 90-460, sec. 2, 82 Stat. 635; amended Oct. 16, 1968,
P.L. 90-575, Title I, sec. 113, 116, 120, 82 Stat. 1021, 1023, 1027; amended June 23,
1972, P.L. 92-318, sec. 132B (b), 86 Stat. 262; further amended June 23, 1972, P.L.
92-318, sec. 132C(c), 86 Stat. 263.
FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS
SEC. 428. (a) (1) Each student who has received a loan for study at
an eligible institution-
(A) which is insured by the Commissioner under this part;
(B) which was made under a State studeiit loan program
(meeting criteria prescribed by the Commissioner), and which
was contracted for, and paid to the student, within the period
specified by paragraph (5) ; or
(C) which is insured under a program of a State or of a non-
profit private institution or organization which was contracted
for, and paid to the student, within the period specified in para-
graph (5), and which-
(i) in the case of a loan insured prior to July 1, 1967, was
made by an eligible lender and is insured under a program
which meets the requirements of subparagraph (E) of sub-
section (b) (1) and provides that repayment of such loan
shall be in installments beginning not earlier than sixty days
after the student ceases to pursue a course of study (as de-
scribed in subparagraph (D) of subsection (b) (1)) at an
eligible institution, or
(ii) in the case of a loan insured after June 30, 1967, is
insured under a program covered by an agreement made
pursuant to subsection (b),
shall be entitled to have paid on his behalf and for his account to
the holder of the loan a portion of the interest on such loan at the
time of execution of the note or written agreement evidencing such
loan under circumstances described iii paragraph (2).
(2) (A) Each student qualifying for a portion of an interest pay-
ment under paragraph (1) shall-
(i) have provided to the lender a statement from the eligible
institution, at which the student has been accepted for enrollment.
or at which he is in attendance iii good standing (as determined
by such institution), which-
(I) sets forth such student's estimated costs of attendance
and
(II) sets forth such student's estimated financial assist-
ance; and
(ii) meet the requirements of subparagraph (B).
PAGENO="0330"
320
(B) For the purposes of clause (ii) of subparagraph (A) a stu-
dent shall qualify for a portion of an interest payment under para-
graph (1) if such student's adjusted family income-
(i) is less than $15,000. and-
(I) the amount of such loan would not cause the total
amount of the student's loans insured by the Commissioner
under this part or by a State or nonprofit private institi.i-
tion or organization which has an agreement under subsection
(b) to exceed $2,000 in any academic year. or its equivalent,
or
(II) the amount of such loan would cause the total amounts
of the loans described in clause (I) of this subparagraph of
that student to exceed $2.000 in any academic year or its
equivalent, and the eligible institution has provided~ with
respect to the amount of such loans in excess of S2.000. the
lender with a statement recommending the amount of such
excess; or
(ii) is equal to or greater than $15.000, and the eligible institu-
tion has provided the lender with a statement evidencing a deter-
mination of need and recommending a loan in the amount of such
need.
(C) For the purposes of paragraph (1) and this paragraph-
(i) a student's estimated cost of attendance means, for the
period for which the loan is sought, the tuition and fees appli-
cable to such student together with the institution's estimate of
other expenses reasonably related to attendance at such institu-
tion, including, but not limited to, the cost of room and hoard,
reasonable commuting costs. and costs for books;
(ii) a student's estimated financial assistance means. for the.
period for which the loa.n is sought, the amount of assistance such
student will receive under parts A~ C, and F of this title. plus
other scholarship, grant, or loan assistance;
(iii) the term `eligible institution' when used with respect to
a student is the eligible institution at which the student has been
accepted for enrollment or, in the case of a student who is in
attendance at such an institution is in good standing (as deter-
mined by such institution)
(iv) the determination of need and the amount of a loan
recommended by an eligible institution under subparagraph
(B) (ii) and the amount of loans in excess of $2,000 recommended
by an eligible institution under subparagraph (B) (i) (II) with
respect to a student shall be determined by subtracting from the
estimated cost of attendance at such institution the total of the
expected family contribution with respect to such student (as
determined by means other than one formulated by the Commis-
sioner under subpart `1 of part A of this title) plus any other
resources or student financial assistance reasonably available to
such student.
(D) In addition, the Commissioner shall pay an administrative
cost allowance in the amount established by paragraph (3) (B) of
this subsection with respect to loans to any student without regard to
the borrower's need. For the purposes of this paragraph, the adjusted
family income of a student shall be determined pursuant to regulations
PAGENO="0331"
321
of the Commissioner in effect at the time of the execution of the note
or written agreement evidencing the loan. Such regulations shall pro-
vide for taking into account such factors, including family size, as
the Commissioner deems appropriate. In the absence of fraud by the
lender, such determination of the need of a student under this para-
graph shall be. final insofar as it concerns the obligation of the Com-
missioner to pay the holder of a loan a portion of the interest on
the loan.
(3) (A) The portion of the interest on a loan which a student is en-
titled to have paid on his behalf and for his account to the holder of the
loan pursuant to paragraph (1) of this subsection shall be equal to
the total amount of the interest on the unpaid principal amount of the
loan which accrues prior to the beginning of the repayment period of
the loan, or which accrues during a period in which principal need not
be paid (whether or not such principal is in fact paid) by reason of a
provision described in subsection (e) of this section or in section
427(a) (2) (C); but such portion of the interest on a loan shall not
exceed, for any period, the amount of the interest on that loan which is
payable by the student after taking into consideration the amount of
any interest on that loan which the student is enitled to have paid on
his behalf for that period under any State or private loan insurance
program. The holder of a loan with respect to which payments are
required to be made under this section shall be deemed to have a con-
tractual right, as against the United States, to receive from the Com-
missioner the portion of interest which has been so determined and
the administrative cost allowance payable under this subsection. The
Commissioner shall pay this portion of the interest and administra-
tive cost allowance to the holder of the loan on behalf of and for the
account of the borrower at such times as may be specified in regula-
tions in force when the applicable agreement entered into pursuant to
subsection (b) was made, or if the loan was made by a State or is
insured under a program which is not covered by such an agreement,
at such times as may be specified in regulations in force at the time
the loan was paid to the student.
(B) If (i) a State student loan insurance program is covered by an
agreement under subsection (b). (ii) a statute of such State limits
the interest rate on loans insured by such program to a rate which is
less than 7 per centum per annum on the unpaid principal balance, and
(iii) the Commissioner determines tnat section 428(d) does not make
such statutory limitation inapplicable and that such statutory limita-
tion threatens to impede the carrying out of the purposes of this part,
then lie may pay an administrative cost allowance to the holder of each
loan which is insured under such program and which is made during
the period beginning on the sixtieth day after the date of enactment of
the 1-ligher Education Amendments of 1968 and ending 120 days after
the adjournment of such State's first regular legislative session which
adjourns after ,January 1, 1969. Such administrative cost allowance
shall be paid over the term of the loan in an amount per annum (deter-
mined by the Commissioner) which shall not exceed 1 per centum of
the unpaid principal balance of the loan.
(4) Each holder of a loan with respect to which payments of inter-
est or of administrative cost allowances are required to be made by the
Commissioner shall submit to the Commissioner, at such time or times
PAGENO="0332"
322
and in such manner as he may prescribe, statements containing such
information as may be required by or pursuant to regulation for the
purpose of enabling the Commissioner to determine the amount of the
payment which he must make with respect to that loan.
(5) The period referred to in subparagraphs (B) and (C) of para-
graph (1) of this subsection shall begin on the date of enactment of
this Act and end at the close of June 30, 1975, except that, in the case
of a loan made or insured under a student loan or loan insurance
program to enable a student who has obtained a prior loan made or
insured under such program to continue his educational program, such
period shall end at the close of June 30, 1979.
(6) No payment may be made under this section with respect to
the interest on a loan made from a student loan fund established under
title II of the National Defense Education Act of 1958.
(7) Nothing in this or any other Act shall be construed to pro-
lubit or require unless otherwise specifically provided by 1aw. a lender
to evaluate the total financial situation of a student making applica-
tion for a loan under this part, or to counsel a student with respect to
any such loan, or to make a decision based on such evaluation and
counseling with respect to the dollar amount of any such loan.
(b) (1) Any State or any nonprofit private institution or organiza-
tion may enter into an agreement with the Commissioner for the pur-
pose of entitling students who receive loans which are insured under
a student loan insurance program of that State, institution, or organi-
zation to have made on their behalf the payments provided for in
subsection (a) if the Commissioner determines that the student loan
insurance program-
(A) authorizes the insurance of not less than $1,000 nor more
than $2,500, (except in those cases where the Commissioner deter-
mines, pursuant to regulations prescribed by him. that a higher
amount is warranted in order to carry out the purposes of this
part with respect to students engaged in specialized training re-
quiring exceptionally high costs of education) in loans to any indi-
vidual student in any academic year or its equivalent (as deter-
mined under regulations of the Commissioner), which limit shall
not be deemed exceeded by a line of credit under which actual
payments by the lender to the borrower will not be made in any
such year in excess of such annual limit; and provides that the
aggregate insured unpaid principal amount of all such insured
loans made to any student shall not at any time exceed $7,500
in the case of any student who has successfully completed a pro-
gram of undergraduate education, and S10.000 in the case of any
graduate or professional student (as defined by regulations of
the Commissioner and including any loans which are insured by
the Commissioner under this part or by a State or nonprofit insti-
tution or organization with which the Commissioner has an agree-
ment under this part made to such person before lie became a
graduate or professional student); .
(B) authorizes the insurance of loans to any individual student
for at least six academic years of stud or their equivalent (as de-
termined under regulations of the Commissioner)
(C) provides that (i) the student borrower shall be entitled to
accelerate without penalty the whole or any part of an insured
PAGENO="0333"
323
loan, (ii) except as provided in subsection (e) of this section, the
period of any insured loan may not exceed fifteen years from the
date of execution of the note or other written evidence of the loan,
and (iii) the note or other written evidence of any loan may con-
tain such provisions relating to repayment in the event of default
by the borrower as may be authorized by regulations of the Com-
missioner in effect at the time such note or written evidence was
executed;
(D) subject to paragraphs (C) and (K) of this paragraph
and except as provided by subsection (e) of this section, provides
that repayment of loans shall be in installments over a period of
not less than five years nor more than ten years beginning not
earlier than nine months nor later than one year after the student
ceases to pursue a full-time course of study at an eligible institu-
tion, exception that if the program provides for the insurance of
loans for part-time study at eligible institutions the program
shall provide that such repayment period shall begin not earlier
than nine months nor later than one year after the student ceases
to carry at an eligible institution at least one-half the normal full-
time academic workload as determined by the institution;
(E) authorizes interest on the unpaid balance of the loan ata
yearly rate not in excess of 7 per centum per annum on the unpaid
principal balance of the loan (exclusive of any premium for in-
surance which may be passed on to the borrower)
(F) insures not less than 80 per centum of the unpaid principal
of loans insured under the program;
(G) does not provide for collection of an excessive insurance
premium;
(H) provides that the benefits of the loan insurance program
will not be denied any student who is eligible for interest benefits
under section 428 (a) (1) and (2) except in the case of loans made
by an instrumentality of a State or eligible institution;
(I) provides that a student may obtain insurance uiider the
program for a loan for any year of study at an eligible institution;
(J) in the case of a State program, provides that such State
program is administered by a single State agency, or by one or
more nonprofit private institutions or organizations under the
supervision of a single State agency;
(K) provides that the total of the payments by a borrower
during any year of any repayment period with respect to the
aggregate amount of all loans to that borrower which are (i)
insured under this part. or (ii) made by a State or the Commis-
sioner iuider section 428 (a) (1) (B) or 433. respectively, shall not
be less than $360 or the balance of all such loans (together with
interest thereon), whichever amount is less; and
(14 provides that periodic installments of principal need not
be paid, but interest shall accrue and be paid during any period
(i) during which the borrower is pursuing a full-time course of
study at an eligible institution, (ii) not in excess of three years
during which the borrower is a member of the Armed Forces of
the United States, (iii) not in excess of three years during which
the borrower is in service as a volunteer under the Peace Corps
PAGENO="0334"
324
Act, or (iv) not in excess of three years during which the bor-
rower is in service as a full-time volunteer under title VIII of
the Economic Opportunity Act of 1964.
(2) Such an agreement shall-
(A) provide that the holder of any such loan will be required
to submit to the Commissioner, at such time or times and in such
manner as he may prescribe, statements containing such informa-
tion as may be required by or pursuant to regulation for the pur-
pose of enabling the Commissioner to determine the amount of the
payment which he must make with respect to that loan;
(B) include such other provisions as may be necessary to pro-
tect the financial interest of the United States and promote the
purposes of this part, including such provisions as may be neces-
sary for the purpose of section 437, and as are agreed to by the
Commissioner and the State or nonprofit private organization or
institution, as the case may be; and
(C) provide for making such reports in such form and con-
taining such information as the Commissioner may reasonably
require to carry out his function under this part and for keeping
such records and for affording such access thereto as the Commis-
sioner may find necessary to assure the correctness and vertifica-
tion of such reports.
(c) (1) The Commissioner may enter into a guaranty agreement
with any State or any nonprofit private institution or organization
with which he has an agreement pursuant to subsection (b), whereby
the Commissioner shall undertake to reimburse it, under such terms
and conditions as he may establish, in an amount equal to 80 per
centum of the amount expended by it in discharge of its insurance
obligation, incurred under its loan insurance program, with respect to
losses (resulting from the default of the student borrower) on the un-
paid balance of the principal (other than interest added to principal)
of any insured loan with respect to which a portion of the interest (A)
is payable by the Commissioner under subsection (a) or (B) would be
payable under such subsection but for the borrower's lack of need.
(2) The guaranty agreement-
(A) shall set forth such administrative and fiscal procedures as
may be necessary to protect the United States from the risk of un-
reasonable loss thereunder, to insure proper and efficient admin-
istration of the loan insurance program, and to assure that due
diligence will be exercised in the collection of loans insured under
the program;
(B) shall provide for making such reports, in such form and
containing such information, as the Commissioner may reasonably
require to carry out his functions under this subsection, and for
keeping such records and for affording such access thereto as the
Commissioner may find necessary to assure the correctness and
verification of such reports;
(C) shall set forth adequate assurance that, with respect to so
much of any loan insured under the loan insurance program as
may be guaranteed by the Commissioner pursuant to this sub-
section, the undertaking of the Commissioner under the guaranty
agreement is acceptable in full satisfaction of State law or regu-
lation requiring the maintenance of a reserve;
PAGENO="0335"
325
(D) shall provide that if, after the Commissioner has made
payment under the guaranty agreement pursuant to paragraph
(1) of this subsection with respect to any loan, any payments are
made in discharge of the obligation incurred by the borrower with
respect to such loan (including any payments of interest accruing
on such loan after such payment by the Commissioner) , there shall
be paid over to the Commissioner (for deposit in the fund estab-
lished by section 431) such proportion of the amounts of such
payments as is determined (in accordance with regulations pre-
scribed by the Commissioner) to represent his equitable share
thereof, but shall not otherwise provide for subrogation of the
United States to the rights of any insurance beneficiary: Pro-
vided, That, except as the Commissioner may otherwise by or
pursuant to regulation provide, amounts so paid by a borrower on
such a loan shall be first applied in reduction of principal owing
on such loan; and
(E) may include such other provisions as may be necessary to
promote the purposes of this part.
(3) To the extent provided in regulations of the Commissioner,
a guaranty agreement under this subsection may contain provisions
which permit such forbearance for the benefit of the student borrower
as may be agreed upon by the parties to an insured loan and approved
by the insurer.
(4) For purposes of this subsection, the terms "insurance benefi-
ciary" and "default" shall have the meanings assigned to them by
section 430(e).
(5) In the case of any guaranty agreement entered into prior to
September 1, 1969, with a State or nonprofit private institution or
organization with which the Commissioner has in effect on that date
an agreement pursuant to subsection (b) of this section, or section
9(b) of the National Vocational Student Loan Insurance Act of
1965, made prior to the date of enactment of this subsection, the Com-
missioner may, in accordance with the terms of this subsection, under-
take to guarantee loans described in paragraph (1) which are insured
by such State, institution, or organization and are outstanding on the
date of execution of the guaranty agreement, but only with respect to
defaults occurring after the execution of such guaranty agreement or,
if later, after its effective date.
(d) No provision of any law of the United States (other than
sections 427(a) (2) (D) and 427(b) of this Act) or of any State (other
than a statute applicable principally to such State's student loan in-
surance program) which limits the rate or amount of interest payable
on lonns shall apply to a loan-
(1) which bears interest (exclusive of any premium for insur-
ance) on the unpaid principal balance at a rate not in excess of 7
per centum per annum, and
(2) which is insured (A) by the United States under this part,
or (B) by a State or nonprofit private institution or organization
under a program covered by an agreement made pursuant to sub-
section (b) of this section.
(20 U.S.C. 1078) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 428, 79 Stat.
1240; amended Aug. 3, 1968, P.L. 90-460, sec. 1, 2, 3, 82 Stat. 634-638; amended
PAGENO="0336"
326
Oct. 16, 1968, P.L. 90-575, Title I, sec. 111, 112, 113, 115, 116, 117, 1220, 82 Stat.
1020-27; amended June 23, 1972, P.L. 02-318, see. 132(b), 86 Stat. 261; further
amended June 23, 1972, P.L. 92-318, sec. 1320 (a) and (b), 86 Stat. 262, 2b3;
section 428(e) repealed June 23, 1972, P.L. 92-318, sec. 132D (c), 86 Stat. 264;
amended April 18, 1974, P.L. 93-269, 88 Stat. 87, 89.
CERTIFICATE OF FEDERAL LOAN INSURANCE-EFFECTIVE DATE OF
INSuRANCE
SEc. 429. (a) (1) If, upon application by an eligible lender, made
upon such form, containing such information, and supported by such
evidence as the Commissioner may require, and otherwise in conform-
ity with this section, the Commissioner finds that the applicant has
made a loan to an eligible student which is insurable under the pro-
visions of this part, he may issue to the applicant a certificate of in-
surance covering the loan and setting forth the amount and terms of
the insurance.
(2) Insurance evidenced by a certificate of insurance pursuant to
subsection (a) (1) shall become effective upon the date of issuance of
the certificate, except that the Commissioner is authorized, in accord-
ance with regulations, to issue commitments with respect to proposed
loans, or with respect to lines (or proposed lines) of credit, submitted
by eligible lenders, and in that event, upon compliance with subsection
(a) (1) by the lender, the certificate of insurance may be issued effec-
tive as of the date when any loan, or any payment by the lender pur-
suant to a line of credit, to be covered by such insurance was made.
Such insurance shall cease to be effective upon sixty days' default by
the lender in the payment of any installment of the premiums payable
pursuant to subsection (c).
(3) An application submitted pursuant to subsection (a) (1) shall
contain (A) an agreement by the applicant to pay, in accordance with
regulations, the premiums fixed by the Commissioner pursuant to sub-
section (c), and (B) an agreement by the applicant that if the loan is
covered by insurance the applicant will submit such supplementary
reports and statements during the effective period of the loan agree-
ment, upon such forms, at such times, and containing such informa-
tion as the Commissioner may prescribe by or pursuant to regulation.
(b) (1) In lieu of requiring a separate insurance application a.nd
issuing a separate certificate of insurance for each student loan made
by anehgible lender as provided in subsection (a), the Commissioner
may, in accordance with regulations consistent with section 424, issue
to any eligible lender applying therefor a certificate of comprehensive
insurance coverage which shall, without further action by the Com-
missioner, insure all insurable loans made by that lender, on or after
the date of the certificate and before a specified cutoff date, within the
limits of an aggregate maximum amount stated in the certificate.
Such regulations may provide for conditioning such insurance, with
respect to any loan, upon compliance by the lender with such require-
ments (to be stated or incorporated by reference in the certificate) as
in the Commissioner's judgment will best achieve the purpose of this
subsection while protecting the financial interest of the United States
and promoting the objectives of this part. including (but not limited
to) provisions as to the reporting of such loans and information rele-
vant thereto to the Commissioner and as to the payment of initial and
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other premiums and the effect of default therein, and including provi-
sion for confirmation by the Commissioner from time to time (through
endorsement of the certificate) of the coverage of specific new loans by
such certificate, which confirmation shall be incontestable by the Com-
missioner in the absence of fraud or misrepresentation of fact or
patent error.
(2) If the holder of a certificate of comprehensive insurance cover-
age issued under this subsection grants to a student a line of credit
extending beyond the cutoff date specified in that certificate, loans or
payments thereon made by the holder after that date pursuant to the
line of credit shall not be deemed to be included in the coverage of that
certificate except as may be specifically provided therein; but, subject
to the limitations of section 424, the Commissioner may, in accordance
with regulations, make commitments to insure such future loans or
payments, and such commitments may be honored either as provided
in subsection (a) or by inclusion of such insurance on comprehensive
coverage under this subsection for the period or periods in which such
future loans or payments are made.
(c) The Commissioner shall, pursuant to regulations, charge for
insurance on each loan under this part a premium in an amount not
to exceed one-fourth of 1 per centum per year of the unpaid principal
amount of such loan (excluding interest added to principal), payable
in advance, at such times and in such manner as may be prescribed by
the Commissioner. Such regulations may provide that such premium
shall not be payable, or if paid shall be refundable, with respect to
any period after default in the payment of principal or interest or
after the borrower has died or becomes totally and permanently dis-
abled, if (1) notice of such default or other event has been duly given,
and (2) requests for payment of the loss insured against has been made
or the Commissioner has made such payment on his own motion pur-
suant to section 430(a).
(d) The rights of an eligible lender arising under insurance evi-
denced by a certificate of insurance issued to it under this section
may be assigned as security by such lender only to another eligible
lender, and subject to regulation by the Commissioner.
(e) The consolidation of the obligations of two or more federally-
insured loans obtained by a student borrower in any fiscal year into a
single obligation evidenced by a single instrument of indebtedness
shall not affect the insurance by the United States. If the loans thus
consolidated are covered by separate certificates of insurance issued
under subsection (a), the Commissioner may upon surrender of the
original certificates issue a new certificate of insurance in accordance
with that subsection upon the consolidated obligation; if they are
covered by a single comprehensive certificate issued under subsection
(b), the Commissioner may amend that certificate accordingly.
(20 U.S.C. 1079) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 429, 79 Stat.
1243.
DEFAULT OF STUDENT UNDER FEDERAL LOAN INSURANCE PROGRAM
SEC. 430. (a) Upon default by the student borrower on any loan
covered by Federal loan insurance pursuant to this part, and prior to
the commencement of suit or other enforcement proceedings upon se-
44-078 0 - 75 - 22
PAGENO="0338"
328
curity for that loan, the insurance beneficiary shall promptly notify
the Commissioner, and the Commissioner shall if requested (at that
time or after further collection efforts) by the beneficiary~ or may on
his own motion, if the insurance is still in effect, pay to the beneficiary
the amount of the loss sustained by the insured upon that loan as soon
as that amount has been determined. The "amount of the loss" on any
Joan shall, for the purposes of this subsection and subsection (b). be
deemed to be an amount equal to the unpaid balance of the principal
amount and interest.
(b) Upon payment by the Commissioner of the amount of the loss
1)ilrsuant to subsection (a). the United States shall be subrogateci for
all of the rights of the holder of the obligation upon the insured loan
and shall be entitled to an assignment of the note or other evidence of
the insured loan by the insurance beneficiary. If the net recovery
made by the Commissioner on a loan after deduction of the cost of
that recovery (including reasonable administrative costs) exceeds the
amount of the loss, the excess shall be paid over to the insured.
(c) Nothing in this section or in this part. shall be construed to
preclude any forbearance for the benefit of the student. borrower which
may be agreed upon by the parties to the insured loan and approved
by the Commissioner, or to preclude forbearance by the. Commissioner
in the enforcement of the insured obligat.ion after payment on that
insurance.
(d) Nothing in this section or in this part shall be construed to ex-
cuse the holder of a federally insured loan from exercising reasonable
care and diligence in the making and collection of loans under the pro-
visions of this part. If the Commissioner, after reasonable notice and
opportunity for hearing to a.n eligible lender, finds that it has sub-
stantially failed to exercise such ca.re and diligence or to make the
reports and statements required under section 428 (a) (3) and section
429 (a) (3), or to pay the required Federal loan insurance premiums,
he shall disqualify that lender for further Federal insurance on loans
granted pursuant to this part until lie is satisfied that its failure `has
ceased and finds that there is reasonable assurance that the lender will
in the future exercise necessary care and diligence or comply with such
requirements, as the case may be.
(e) As used in this section-
(1) the term "insurance beneficiary" means the insured or its
authorized assignee in accordance with section 429 (d) : and
(2) the term "default" includes only such defaults as have
existed for (A) one hundred and twenty days in the case of a loan
which is repayable in monthly installments, or (B) one hundred
and eighty days in the case of a loan which is repayable in lesss
frequent installments.
(20 U.S.C. 1080) Enacted Nov. 8, 1905, P.L. 89-329, Title IV, see. 430, 79 Stat.
1244; amended Oct. 16, 1908. P.L. 90-575, Title I, sec. 113, 82 Stat. 1021; amended
June 23, 1972, P.L. 92-318, sec. 132(B) (c), 86 Stat. 262.
INSURANCE FEND
SEC. 431. (a) There is hereby established a student loan insurance
fund (hereinafter in this section called the "fund") which shall be
available without fiscal year limitation to the Commissioner for mak-
ing payments in connection with the default of loans insured by him
PAGENO="0339"
329
under this part, or in connection with payments under a guaranty
agreement under section 428(c). All amounts received by the Commis-
sioner as premium charges for insurance and as receipts, earnings, or
proceeds derived from any claim or other assets acquired by the Com-
missioner in connection with his operations under this part, and any
other moneys, property, or assets derived by the Commissioner from
his operations in connection with this section, shall be deposited in the
fund. All payments in connection with the default of loans insured by
the Commissioner under this part, or in connection with such guaranty
agreements shall be paid from the fund. Moneys in the fund not needed
for current operations under this section may be invested in bonds or
other obligations guaranteed as to principal and interest by the United
States.
(b) If at any time the moneys in the fund are insufficient to make
payments in connection with the default of any loan insured by the
Commissioner under this part, or in connection with any guaranty
agreement made under section 428(c), the Commissioner is authorized
to issue to the Secretary of the Treasury notes or other obligations in
such forms and denominations, bearing such maturities, and subject to
such terms and conditions as may be prescribed by the Commissioner
with the approval of the Secretary of the Treasury. Such notes or other
obligations shall bear interest at a rate determined by the Secretary
of the Treasury, taking into consideration the current average market
yield on outstanding marketable obligations of the United States of
comparable maturities during the month preceding the issuance of the
notes or other obligations. The Secretary of the Treasury is authorized
and directed to purchase any notes and other obligations issued here-
under and for that purpose he is authorized to use as a public debt
transaction the proceeds from the sale of any securities issued under
the Second Liberty Bond Act, as amended, and the purposes for which
securities may be issued under that Act, as amended, are extended to
include any purchase of such notes and obligations. The Secretary of
the Treasury may at any time sell any of the notes or other obligations
acquired by him under this subsection. All redemptions, purchases,
and sales by the Secretary of the Treasury of such notes or other obli-
gations shall be treated as public debt transactions of the United States.
Sums borrowed under this subsection shall be deposited in the fund
and redemption of such notes and obligations shall be made by the
Commissioner from such fund.
(20 U.S.C. 1081) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 431, 79 Stat.
1245; amended Aug. 3, 19~38, P.L. 90-460, sec. 3, 82 Stat. 638.
LEGAL POWERS AND RESPONSIBILITIES
SEC. 432. (a) In the performance of, and with respect to, the func-
tions, powers, and duties vested in him by this part, the Commissioner
may-
(1) prescribe such regulations as may be necessary to carry out
the purposes of this part;
(2) sue and be sued in any court of record of a State having
general jurisdiction or in any district court of the United States,
and such district courts shall have jurisdiction of civil actions
arising under this part without regard to the amount in contro-
PAGENO="0340"
330
versy, and action instituted under this subsection by or against
the Commissioner shall survive notwithstanding any charge in
the person occupying the office of Commissioner or any vacancy
in that office; but no attachment, injunction, garnishment, or other
similar process, mesne or final, shall be issued against the Commis-
sioner or property under his control, and nothing herein shall be
construed to except litigation arising out of activities under this
part from the application of sections 507(b) and 2679 of title 28
of the United States Code and of section 316 of Title 5.'
(3) include in any contract for Federal loan insurance such
terms, conditions, and covenants relating to repayment of Prin-
cipal and payment of interest, relating to his obligations and
rights and to those of eligible lenders, and borrowers in case of
default, and relating to such other matters as the Commissioner
determines to be necessary to assure that the purposes of this part
will be achieved; and any term, condition, and covenant made
pursuant to this clause or any other provisions of this part may
be niodified by the Commissioner if he determines that moclifica-
tion is necessary to protect the financial interest of the United
States;
(4) subject to the specific limitations in this part, consent to the
modification, with respect to rate of interest, time of payment of
any installment of principal and interest or any portion thereof,
or any other provision of any note or other instrument evidencing
a loan which has been insured by him under this part;
(5) enforce, pay, or compromise, any clai1n on. or arising be-
cause of, any such insurance or any guarantee agreement under
section 428(c); and
(6) enforce, pay, compromise, waive, or release any right, title.
claim, lien, or demand, however acquired, including any equity
or any right or redemption.
(b) The Commissioner shall. with respect to the financial operations
arising by reason of this part-
(1) prepare annually and submit a budget program as pro-
vided for wholly owned Government corporations hr the Gov-
ernment Corporation Control Act; and
(2) maintain with respect to insurance under this part an in-
tegral set of accounts, which shall be audited annually by the
General Accounting Office in accordance with principles and pro-
cedures applicable to commercial corporate transactions. as pro-
vided by section 105 of the Government Corporation Control
Act, except that the transactions of the Commissioner. including
the settlement of insurance claims and of claims for payments
pursuant to section 428. and transactions related thereto and
vouchers approved by the Commissioner in connection with such
transactions, shall be final and conclusive upon all accounting and
other officers of the Government.
(20 U.S.C. 1082) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 432, 79 Stat.
1246; amended Aug. 3, 1968, P.L. 90-460, sec. 3, 82 Stat. 638.
1228 U.S.C. 507(G) repealed and replaced by 28 U.S.C. 509 and 547. 5 U.S.C. 316 repealed
and replaced by 28 USC 517, Sept 6, 1966, PL. 89-554, sec. Sa, 80 Stat. 633.
PAGENO="0341"
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DIRECT LOANS
SEC. 433. (a) The Commissioner may make a direct loan to any
student who would be eligible for an insured loan for study at a
vocational school under this part if (1) in the particular area in which
the student resides loans which are insurable under this Act are not
available at the rate of interest prescribed by the Secretary pursuant
to section 427(a) (2) (D) for such area, or (2) the particiular student
has been unable to obtain an insured loan at a rate of interest which
does not exceed such rate prescribed by the Secretary.
(b) Loans made under this section shall bear interest at the rate
prescribed by the Secretary under section 427(a) (2) (D) for the area
where the student resides, and shall be made on such other terms and
conditions as the Commissioner shall prescribe, which shall conform
as nearly as practicable to the terms and conditions of loans insured
under this Act.
(c) There is authorized to be appropriated the sum of $1,000,000
for the fiscal year ending June 30, 1969 and for each of the succeeding
fiscal years ending prior to July 1, 1975, to carry out this section.
(20 U.S.C. 1083) Enacted Nov. 8, 19G5, P.L. 89-329, Title IV, sec. 433, 79 Stat.
1247; amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 116, 82 Stat. 1024; amended
June 23, 1972; P.L. 02-318; sec. 132(c), 86 Stat. 261.
PARTICIPATION BY FEDERAL CREDIT UNIONS IN FEDERAL, STATE, AND
PRIVATE STUDENT LOAN INSURANCE PROGRAMS
SEC. 434. Notwithstanding any other provision of law, Federal
credit unions shall, pursuant to regulations of the Director of the
Bureau of Federal Credit Unions, have power to make insured loans
to student members in accordance with the provisions of this part
relating to federally insured loans, or in accordance with the provisions
of any State or nonprofit private student loan insurance program
which meets the requirements of section 428 (a) (1) (C).
(20 U.S.C. 1084) Enacted Nov. 8 1965, P.L. 89-329, Title IV, sec. 434, 79 Stat.
1247; amended Oct. 16, 1969, P.L. 90-575, Title I, sec. 116, 82 Stat. 1024; amended
June 23, 1972, P.L. 92-318, sec. 132 D (e), 86 Stat. 264.
DEFINITIONS FOR REDUCED-INTEREST STUDENT LOAN INSURANCE
PROGRAM
SEC. 435. As used in this part:
(a) The term "eligible institution" means (1) an institution of
higher education, (2) a vocational school, or (3) with respect to stu-
dents who are nationals of the United States, an institution outside the
States which is comparable to an institution of higher education or to a
vocational school and which has been approved by the Commissioner
for purposes of this part.
(b) The term "institution of higher education" means an educa-
tional institution in any State which (1) admits as regular students
only persons having a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such certificate,
(2) is legally authorized within such State to provide a program of
education beyond secondary education, (3) provides an educational
PAGENO="0342"
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program for which it awards a bachelor's degree or provides not less
than a two-year program which iS acceptable for full credit toward
such a degree, (4) is a public or other nonprofit institution, and (5) is
accredited by a nationally recognized accrediting agency or associ-
ation approved by the Commissioner for this purpose or~ if not so
accredited, (A) is an institution with respect to which the Commis-
sioner has determined that there is satisfactory assurance, considering
the resources available to the institution, the period of time. if any,
during which it has operated, the effort it is making to meet accredita-
tion standards, and the purpose for which this determination is being
made, that the institution will meet the accreditation standards of
such an agency or association within a reasonable time, or (B) is an
institution whose credits are accepted on transfer by not less than
three institutions which are so accredited. for credit on the same basis
as if transferred from an institution so accredited. Such term includes
any public or other nonprofit collegiate or associate degree school of
nursing and any school which provides not less than a one-year l)'~~-
gram of training to prepare students for gainful employment in a
recognized occupation and which meets the provisions of clauses (1),
(2), (4), and (5). If the Commissioner determines that a particular
category of such schools does not meet the requirements of clause (5)
because there is no nationally recognized accrecliting agency or asso-
ciation qualified to accredit schools in such category. he shall. pending
the establishment. bf such an accrediting agency or association. appoint
an advisory committee. composed of pei~soiis specially qualified to
evaluate training provided by schools in such category, which shall (i)
prescribe the standards of content, scope. and quality which must be
met in order to qualify schools in such category to l)a1~ticil)ate in the
program pursuant to this part, and (ii) determine whether particular
schools not meeting the requirements of clause (5) meet those stand-
ards. For purposes of this subsection, the Commissioner shall publish
a list of nationally recognized accrediting agencies or associations
which lie determines to be reliable authority as to the quality of train-
ing offered.
(c) The term "vocational school" means a business or trade school,
or technical institution or other technical or vocational school. in any
State, which (1) admits as regular students only l)e1~soi1s who have
completed or left elementary or secondary school awl who have the
ability to benefit from the training offered by such institution: (2) is
legally authorized to provide, and provides within that State, a
gram of postsecondary vocational or technical education designed to
fit indlividluals for useful employment in recognized occupations: (3)
has been in existence for two years or has been specially accredited by
the Commissioner as an institution meeting the other requirements of
this subsection: and (4) is accredited (A) h~ a nationally recognized
accrediting agency or association listed by the Commissioner puirsuiaiit
to this clause, (B) if the Commissioner determines that there is no
nationally recognized accrcditing agency or association qualified to
accredit schools of a particular category~ by a State agency listed by
the Commissioner pursuaiit to this clause and (C) if the Commissioner
determines there is no nationally recognized or State ageiicy or associ-
ation qualified to accredit schools of a particular category. by an ad-
visorv committee appomted by him and composed of persons specially
qualified to evaluate training providedi by schools of that category,
PAGENO="0343"
333
winch committee shall prescribe the standards of content, scope, and
quality which must be met by those schools in order for loans to stu-
dents atteiiding them to be insurable under this part and shall also
determine whether p~ticuilai schools meet those standards. For the
purpose of this subsection, the Commissioner shall publish a list of
national1y recognized accrediting agencies or associations and State
agencies winch he cleteimines to be reliable authority as to the quality
of education or training afforded.
(d) The term "collegiate school of nursing" means a department,
division, or other administrative unit in a college or tunversity which
provides primarily or exclusively an accredited program of education
iii professional nursing and allied subjects leading to the degree of
bachelor of arts, bachelor of science, bachelor of nursing, or to an
equivalent degree, or to a graduate degree iii nursing.
(e) The term "associate degree school of nursing" means a depart-
ment, division, or other administrative unit in a junior college, com-
munity college, college, or university which provides primarily or ex-
clusively an accredited two-year program of education in professional
nursing and allied subjects leading to an associate degree in nursing
or to an equivalent degree.
(f) The term "accredited" when applied to any program of nurse
education means a program accredited by a recognized body or bodies
approved for such puiPose by the Commissioner of Education.
(g) The term "eligible lender" means an eligible institution, an
agency or instrumentality of a State, or a financial or credit institu-
tion (including an insurance company) which is subject to examina-
tion and supervision l)y an agency of the TJnitecl States or of any State,
or a pension fund approved by the Commissioner for this purpose.
(h) The term "line of credit" means an arrangement or agreement
between the lender and the borrower whereby a loan is paid out by
the lender to the borrower in annual installments, or whereby the
lender agrees to make, in addition to the initial loan, additional loans
in subsequent years.
(20 U.S.C. 1085) Enacted Nov. 8, 1965, P.L. 89-329, Title IV, sec. 435, 79 Stat.
[247; as amended Oct. 29, 1966, P.L. 89-698, Title II, sec. 204, 80 Stat. 1072;
amended Oct. 16, 1908, P.L. 90-575. Title I, sees. 116, 118, 82 Stat. 1023-26.
DISTRICT OF COLUMBIA STUDENT LOAN INSURANCE PROGRAM
SEC. 436. (a) The Board of Commissioners of the District of Co-
lumbia is authorized (1) to establish a student loan insurance program
which meets the requirements of this part for a State loan insurance
program in order to enter into agreements with the Commissioner for
the purposes of this title and such Act, (2) to enter into such agree-
ments with the Commissioner, (3) to use amounts appropriated to such
Board for the purposes of this section to establish a fund for such
purposes and for expenses in connection therewith, and (4) to accept
and use donations for the purposes of this section.
(b) Notwithstanding the provisions of any applicable law, if the
borrower, on any loan insured under the program established pur-
suant to this section, is a minor, any otherwise valid note or other writ-
ten agreement executed by him for the purposes of such loan shall
create a binding obligation.
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334
(c) There are authorized to be appropriated to such Board such
amounts as may be necessary for the purposes of this section.
(20 U.S.C. 1086) Enacted Nov. 3, 1966, P.L. 89-752, sec. 12, 80 Stat. 1244;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 116, 82 Stat. 1024.
REPAYMENT BY THE COMMISSIONER OF LOANS OF DECEASED OR DISABLED
BORROWERS
SEC. 437. If a student borrower who has received a loan described
in clause (A), (B), or (C) of section 428 (a) (1) dies or becomes per-
manently and totally disabled (as determined in accordance with regu-
lations of the Commissioner), then the Commissioner shall discharge
the borrower's liability on the loan by repavin~ the. amount owed on
the loan.
(20 U.S.C. 1087) Enacted Oct. 16, 1968, P.L. 90-575. Title I, sec. 113, 82 Stat.
1020; amended June 23, 1972, P.L. 92-318, sec. 132D, 86 Stat. 263.
ELIGIBILITY OF INSTITUTIONS
SEC. 438. (a) Notwithstanding any other provision of thiS part, the
Commissioner is authorized to prescribe such regulations as ma be
necessary to provide for-
(1) a fiscal audit of an eligible institution with regard to any
funds obtained from a student who has received a loan insured
under this part, or insured by a State or nonprofit private institu-
tion or organization with which the Commissioner has an agree-
ment under section 428 (b)
(2) the establishment of reasonable standards of financial
responsibility and appropriate institutional capability for the
administration by an eligible institution of a program of student
financial aid with respect to funds obtained from a student who
has received a loan insured under this part, or insured by a State
or nonprofit private institution or organization with which the
Commissioner has an agreement under section 428 (b);
(3) the limitation, suspension, or termination of the eligibility
under this part of any otherwise eligible institution, whenever the
Commissioner has determined, after notice and affording an
opportunity for hearing, that such institution has violated or
failed to carry out any regulation prescribed under this part.
(b) The Commissioner shall publish a list, of State agencies which
he determines to be reliable authority as to the quality of public
postsecondary vocational education in their respective States for the
purpose of determining eligibility for all Federal student assistance
programs.
(20 U.S.C. 1087-1) Enacted June 23, 1972, P.L. 92-318, sec. 132E(a), 86 Stat.
264.
STUDENT LOAN MARKETING ASSOCIATION
SEC. 439. (a.) The Congress hereby declared that it is the purpose of
this section to establish a. Government-sponsored private corporation
which will be financed by private capital and which will serve as a
secondary market and warehousing facility for insured student loans~
insured by the Commissioner under this part or by a State or nonprofit
private institution or orgamzat.ion with which the Commissioner has
PAGENO="0345"
335
an agreement under section 428 (b), and which will provide liquidity
for student loan investments.
(b) (1) There is hereby created a body corporate to be known as the
Student Loan Marketing Association (hereinafter referred to as the
"Association"). The Association shall have succession until dissolved.
It shall maintain its principal office in the District of Columbia and
shall be deemed, for purposes of venue in civil actions, to be a resident
thereof. Offices may be established by the Association in such other
place or places as it may deem necessary or appropriate for the con-
duct of its business.
(2) The Association, including its franchise, capital, reserves, sur-
plus, mortgages, or other security holdings, and income shall be exempt
from all taxation now or hereafter imposed by any State, territory,
possession, Commonwealth, or dependency of the United States, or by
the District of Columbia, or by any county, municipality, or local
taxing authority, except that any real property of the Association shall
be subject to State, territorial, county, municipal, or local taxation to
the same extent according to its value as other real property is
taxed.
(3) There is hereby authorized to be appropriated to the Secretary
of Health, Education, and Welfare $5,000,000 for making advances for
the pii~P~~ of helping to establish the Association. Such advances
shall be repaid within such period as the Secretary may deem to be
appropriate in light of the maturity and solvency of the Association.
Such advances shall bear interest at a rate not less than (A) a rate
determined by the Secretary of the Treasury taking into consideration
the current average market yield 011 outstanding marketable obliga-
tions of the United States with remaining period to maturity com-
parable to the maturity of such advances~ adjusted to the nearest one-
eighth of 1 ~` centum, plus (B) an allowance adequate in the judg-
ment of the Secretary to cover administrative costs and probable
losses. Repayments of such advances shall be deposited into miscel-
laneous receipts of the Treasury.
(c) (1) The Association shall have a Board of Directors which shall
consist of twenty-one persons, one of whom shall be designated Chair-
man by the President.
(2) An interim Board of Directors shall be appointed by the Presi-
dent, one of whom he shall designate as interim Chairman. The
interim Board shall consist of twenty-one members. seven of whom
shall be representative of banks or other financial institutions which
are insured lenders piuisiiauit to this section, seven of whom shall be
representative of educational institutions, and seven of whom shall be
representative of the general public. The interim Board shall arrange
for an initial offering of common and preferred stocks and take what-
ever other actions are necessary to proceed with the operations of the
Association.
(3) When in the judgment of the President, sufficient common
stock of the Association has been purchased by educational institutions
and banks or other financial institutions, the holders of common stock
which are educational institutions shall elect seven members of the
Board of Directors and the holders of common stock which are banks
or other financial institutions shall elect seven members of the Board
PAGENO="0346"
336
of Directors. The President shall appoint the remaining seven direc-
tors, who shall be representative of the general public.
(4) At the time the events described in paragraph (3) have
occurred, the interim Board shall turn over the affairs of the Associa-
tion to the regular Board so chosen or appointed.
(`5) The directors appointed by the President shall serve at the
pleasure of the President and until their successors have been appointed
and have qualified. The remaining directors shall each be elected for a
term ending on the date of the. next annual meeting of the common
stockholders of the Association, and shall serve until their successors
have been elected and have qualified. Any appointive seat on the Board
which becomes vacant shall be filled by appointment, of the Presidenh
Any elective seat on the Board which becomes vacant after the annual
election of the directors shall be filled by the Board. but. only for the
unexpired portion of the term.
(6) The Board of Directors shall meet at the~ call of its Chairman.
but at least semiannually. The Board shall determine the general poli-
cies which shall govern the operations of the Association. The Chair-
man of the Board shall, with the approval of the Board. select, appoint.
and compensate qualified persolis to fill the offices as may be piovidecl
for in the bylaws, with such executive functions, powers. and duties
as may be prescribed by the bylaws or by the Board of Directors. and
such persons shall be the executive officers of the Association and shall
discharge all such executive functions, powers~ and duties.
(d) (1) The Association is authorized, subject to the provisions of
this section, pursuant to commitments or otherwise. to make advances
on the security of, purchase, service. sell. or otherwise dleal in. at prices
and on terms and condlitions determined by the Association. student
loans which are insured by the Commissioner under this pait or l)y
a State or nonprofit private institution or organization with which the
Commissioner has an agreement undler section 428 (b).
(2) Any warehousing advance madle. under paragraph (1) of this
subsection shall not exceed 80 pe~ centuin of the face amount on an
insured loan. The proceeds from any such adlvance shall be investedl
in additional insured stl,Tdlent loans.
(e) The Association, pursuant to such criteria as the Board of
Directors may prescribe, shall make advances on security or piuuchase
student loans pursuant to subsection (dl) only after the Association is
assured that the lender (A) does not discriminate by patterui or prac-
tice against any particular class or category of students br requiring
that, as a condition to the receipt of a loan, the. student or his famil
maintain a business relationship with the lendler. except that this
clause shall not apply in the case of a loan madle by a credit union.
savings and loan association, mutual savings bank. institution of
higher education or any other lender with less than $50,000,000 in
deposits, and (B) does not discriminate on the basis of race. sex. color,
creed, or national origin.
(f) (1) The Association shall have common stock having a par value
of $100 pci' share which may be issuedi only to lenders under this part.
pertaining to guaranteed student loans. who are qualified as insured
lenders under this part or who are eTi~ible institutions as diefinedl in
section 435 (a) (other than an institution outside the Untedl States).
PAGENO="0347"
337
(2) Each share of common stock shall be entitled to one vote with
rights of cumulative voting at all elections of directors. Voting shall be
by classes as described in subsection (c) (3).
(3) The common stock of the Association shall be transferable
only as may be prescribed by regulations of the Secretary of Health,
Education, and Weif are, and, as to the Association, only on the books
of the Association. The Secretary of Health, Education, and Welfare
shall prescribe the maximum number of shares of common stock the
Association may issue and have outstanding at any one time.
(4) To the extent that net income is earned and realized, subject
to subsection (g) (2), dividends may be declared on common stock by
the Board of Directors. Such dividends as may be declared by the
Board shall be paid to the holders of outstanding shares of common
stock, except that no such dividends shall be payable with respect to
any share which has been called for redemption past the effective date
of such call.
(g) (1) The Association is authorized, with the approval of the
Secretary of Health, Education, and Welfare, to issue nonvoting pre-
ferred stock with a par value of $100 per share. Any preferred share
issued shall be freely transferable, except that, as to the Association,
it shall be transferred only on the books of the Association.
(2) The holders of the preferred shares shall be entitled to such
rate of cumulative dividends and such shares shall be subject to such
redemption or other conversion provisions, as may be provided for
at the time of issuance. No dividends shall be payable on any share
of common stock at any time when any dividend is due on any share
of preferred stock and has not been paid.
(3) Tn the event of any liquidation, dissolution, or winding up of
the Association's business, the holders of the l)referred shares shall be
paid in full at par value thereof, plus all accrued dividends, before
the holders of the common shares receive any payment.
(h) (1) The Association is authorized with the approval of the
Secretary of 1-Iealth, Education, and Welfare and the Secretary of
the Treasury to issue and have outstanding obligations having such
maturities and bearing such rate or rates of interest as may be deter-
mined by the Association. Such obligations may be redeemable at the
option of the Association before maturity in such manner as may be
stipulated therein.
(2) The Secretary of Health, Education, and Welfare is authorized,
prior to July 1, 1982, to guarantee payment when due of principal and
interest on obligations issued by the Association in an aggregate
amount determined by the Secretary in consultation with the Secretary
of the Treasury.
(3) To enable the Secretary of Health, Education, and Welfare
to discharge his responsibilities under. guarantees issued by him, he is
authorized to issue to the Secretary of the Treasury notes or other
obligations in such forms and denominations, bearing such maturities,
and subject to such terms and conditions, as may be prescribed by
the Secretary of Health, Education, and WTeifare with the approval
of the Secretary of the Treasury. Such notes or other obligations shall
bear interest at a rate determined by the Secretary of the Treasury,
taking into consideration the current average market yield on outstand-
PAGENO="0348"
338
ing marketable obligations of the TJiiitecl States of comparable matur-
ities during the months preceding the issuance of the notes or other
obligations. The Secretary of the Treasury is authorized and directed
to purchase any notes and other obligations issued hereunder and for
that purpose he is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued under the Second Lib-
erty Bond Act, as amended, and the purposes for which securities
may be issued under that Act, as amended. are extended to include any
purchase of such notes and obligations. The Secretary of the Treasury
may at any time sell any of the notes or other obligations acquired by
him under this subsection. All redemptions. purchases, and sales by the
Secretary of the Treasury of such notes or other obligations shall be
treated as public debt transactions of the United States. There is au-
thorized to be appropriated to the Secretary of Health. Education, and
Welfare such sums as may be necessary to pay the principal and inter-
est on the notes Or obligations issued by him to the Secretary of the
Treasury.
(i) The Association shall have power-
(1) to sue and be sued, complain and defend. in its corporate
name and through its own counsel;
(2) to adopt, alter, and use the corporate seal, which shall be
judicially noticed;
(3) to adopt, amend, and repeal by its Board of Directors,
bylaws, rules, and regulations as may be necessary for the conduct
of its business;
(4) to conduct its business, carry on its operations. and have
officers and exercise the power granted by this section in any State
without regard to any qualification or similar statute in any
State;
(5) to lease, purchase, or otherwise acquire. own. hold. improve.
use, or otherwise deal in and with any property, real. persoiial, or
mixed, or any interest therein, wherever situated:
(6) to accept gifts or donations of services, or of property. real.
personal, or mixed, tangible or intangible. in aid of any of the
purposes of the Association;
() to sell, convey, mortgage, pledge, lease. exchange. and
otherwise dispose of its property and assets;
(8) to appoint such officers, attornes-s, employees, and agents
as may be required, to determine their qualifications, to define
their duties, to fix their salaries, require bowls for them and fix
the penalty thereof; and
(9) to enter into contracts. to execute instruments, to incur
liabilities, and to do all things as are necessary or incidental to
the proper management of its affairs and the proper conduct of
its business.
(j) The accounts of the Association shall be audited annually.
Such audits shall be conducted in accordance with generally accepted
auditing standards by independent certified public accountants or by
independent licensedl public accountants. licensed on or before Decem-
ber 31, 1970, who are certified or licensed by a regulatory authority of
a State or other political subdivision of the United States. except that
independent public accountants licensed to practice by such regulatory
authority after December 31~ 1970. and persons who. although not so
certified or licensed, meet, in the opiiiion of the Secretary, standards
PAGENO="0349"
339
of education and experience representative of the highest standards
prescribed by the licensing authorities of the several States which pro-
vide for the continuing licensing of public accountants and which are
prescribed by the Secretary in appropriate regulations may perform
such audits until December 31, 1975. A report of each such audit
shall be furnished to the Secretary of the Treasury. The audit shall
be conducted at the place or places where the accounts are normally
kept. The representatives of the Secretary shall have access to all
books, accounts, financial records, reports, files, and all other papers,
things, or property belonging to or in use by the Association and nec-
essary to facilitate the audit, and they shall be afforded full facilities
for verifying transactions with the balances or securities held by
depositaries, fiscal agents, and custodians.
(k) A report of each such audit for a fiscal year shall be made by
the Secretary of the Treasury to the President and to the Congress not
later than six months following the close of such fiscal year. The report
shall set forth the scope of the audit and shall include a statement
(showing intercorporate relations) of assets and liabilities, capital and
surplus or deficit; a statement of surplus or deficit analysis; a state-
ment of income and expense; a statement of sources and application of
funds; and such comments and information as may be deemed neces-
sary to keep the President and the Congress informed of the operations
and financial condition of the Association, together with such recom-
mendations with respect thereto as the Secretary may deem advisable,
including a report of any impairment of capital or lack of sufficient
capital noted in the audit. A copy of each report shall be furnished to
the Secretary of Health, Education, and Welfare and to the
Association.
(1) All obligations issued by the Association shall be lawful invest-
ments, and may be accepted as security for all fiduciary, trust, and
Public funds, the investment or deposit of which shall be under author-
ity or control of the United States or of any officer or officers thereof.
All stock and obligations issued by the Association pursuant to this
section shall be deemed to be exempt securities within the meaning of
laws administered by the Securities and Exchange Commission, to
the same extent as securities which are direct obligations of, or obliga-
tions guaranteed as to principal or interest by, the United States. The
Association shall, for the purposes of section 14(b) (2) of the Federal
Reserve Act, be deemed to be an agency of the United States.
(m) In order to furnish obligations for delivery by the Association,
the Secretary of the Treasury is authorized to prepare such obligations
in such form as the Board of Directors may approve, such obligations
when prepared to be held in the Treasury subject to delivery upon
order by the Association. The engraved plates, dies, bed pieces, and so
forth, executed in connection therewith shall remain in the custody
of the Secretary of the rrreasul.y The Association shall reimburse the
Secretary of the Treasury for any expenditures made in the prepara-
tion, custody, and delivery of such obligations.
(n) The Association shall, as soon as practicable after the end of
each fiscal year, transmit to the President and the Congress a report of
its operations and activities during each year.
(20 U.S.C. 1087-2) Enacted June 23, 1972, P.L. 92-318, sec. 133(a), 86 Stat.
265, 269.
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PART C-WORK-STUDY PROGRAMS
STATEMENT OF PURPOSE APPROPRIATIONS AUTIIOIIIZED
SEC. 441. (a) The purpose of this part is to stimulate and promote
the part-time employment of students, particularly students with
great financial need in eligible institutions who are in Reed of the
earnings from such employment to pursue courses of study at such
institutions.
(b) There are authorized to be appropriated $225,000,000 for the
fiscal year ending June 30, 1969, $275,000.000 for the fiscal year ending
June 30, 1970, $320,000,000 for the fiscal year ending Jmle 30, 1971,
$330,000,000 for the fiscal gear ending June 30. 1972. S360,000,000 for
the fiscal year ending June 30, 1973, $390,000,000 for the fiscal year
ending June 30, 1974. and $420,000,000 for the fiscal year ending June
30, 1975.
(42 U.S.C. 2751) Enacted Aug. 20, 1964, P.L. 88-452, Title I, sec. 121, 78 Stat.
515; amended Nov. 8, 1965, PU. 89-329, Title IV, sec. 441(2), 79 Stat. 1249;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 131. 132, 133, 82 Stat. 1028-1029;
amended Oct. 22, 1969, P.L. 91-95, sec. 5, 83 Stat. 143; amended June 23, 1972,
P.L. 92-318, sec. 135 and sec. 135A, 86 Stat. 270.
ALLOTMENTS TO STATES
SEC. 442. (a) From tile sums appropriated to carry out this part
for a fiscal year, the Commissioner shall (1) allot not to exceed 2
per centum among Puerto Rico, Guam, American Samoa, tile Trust
Territory of tile Pacific Islands, and tile Virgin Islands according
to their respective needs for assista.llce under this part. and (2) re-
serve tile amount provided by subsection (e). Ninety per centum of
tile remainder of such sums shall be allotted among the States as
provided in subsection (b).
(b) Of tile sums being allotted under this subsection-
(1) one-third shall be allotted by the Commissioner among the
States so that tile allotment to eacil State under this clause will be
an amount wilicil bears the same ratio to sucil one-third as the
number of persons enrolled on a full-time basis in lnstitutiOns of
higher education in such State bears to tile total number of per-
sons enroilecl on a full-time basis in institutions of iligher ccluca-
tion in all tile States,
(2) one-third shah be aliotted by tile Commissioner among tile
States so that tile allotmellt to each State under this clause will
be an amoullt wilich bears the same ratio to SuclI one-third as tile
number of high sciloOi graduates (as defined in sectiOll 103 (ci) (3)
of the Higher Educatioll Facilities Act of 1963) of such State
bears to tile total number of such higil scilool graduates of all the
States, and
(3) one-tilird shall be allotted by him among the States so that
the allotment to each State under this clause will be all amount
winch bears the same ratlo to such one-third as the nufllber of
related children ullder eigilteell years of age hivillg ill families with
annual mcomes of less than $3,000 in such State bears to the num-
ber of related children under eighteen years of age living in fam-
ilies with annual incomes of less than $3,000 in all the States.
PAGENO="0351"
341
(c) Sums remaining after making the allotments provided for in
other provisions of this section shall be allotted among the States by
the Commissioner in accordance with equitable criteria established
by him which shall be designed to achieve a distribution of the sums
appropriated to carry out this part among the States which will most
effectively carry out the purpose of this part, except that where a
State's allotment under subsection (b) for a fiscal year is less than its
allotment under that subsection for the fiscal year ending June 30,
1972, before he makes any other allotments under this subsection, the
Commissioner shall allot sufficient additional sums to such State under
this sentence to make the State's allotment for that year under sub-
section (b) equal to its allotment under such subsection for the fiscal
year ending June 30, 1972. Sums allotted to a State under this sub-
section shall be consolidated with, and become a part of, its allotment
from the same appropriation under subsection (b).
(d) The amount of any State's allotment which has not been granted
to an eligible institution under section 443 at the end of the fiscal year
for which appropriated shall be reallotted by the Commissioner in such
manner as he determines will best assist in achieving the purposes of
ths Act. Amounts realiotted under this subsection shall be available
for making grants under section 443 until the close of the fiscal year
next succeeding the fiscal year for which appropriated.
(e) For purposes of this section, the term "State" does not include
Puerto Rico, Guam, American Samoa, the Trust Territory of the
Pacific Islands, and the Virgin Islands.
(f) From the appropriation for this part for each fiscal year the
Commissioner shall reserve an amount to provide work-study assist-
ance to students who reside in, but who attend eligible institutions
outside of, American Samoa or the Trust Territory of the Pacific
Islands. The amount so reserved shall be allotted to eligible institu-
tions and shall be available only for the purpose of providing work-
study assistance to such students.
(42 U.S.C. 2752) Enacted Aug. 20, 1964, P.L. 88-452, Title I, sec. 122, 78 Stat.
514; amended Nov. 8, 1965, P.L. 89-329, Title IV, sec. 441 (1), 79 Stat. 1249;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 131, 135, 82 Stat. 1028-1029;
amended June 23, 1972, P.L. 92-318, sec. 135B, 86 Stat. 270, 271.
GRANTS FOR WORK-STUDY PROGRAMS
SEC. 443. (a) The Commissioner is authorized to enter into agree-
ments with eligible institutions under which the Commissioner will
make grants to such institutions to assist in the operation of work-
study programs as hereinafter provided.
(b) For the purposes of this part the term "eligible inst1tution"
means an institution of higher education (as defined in section 435(b)
of this Act), an area vocational school (as defined in section 8(2) of
the Vocational Education Act of 1963), or a proprietary institution of
higher education (as defined in section 461 (b) of this Act).
(42 U.S.C. 2753) Enacted Aug. 20, 1964; P.L. 88-452, Title I, sec. 123, 78 Stat.
514; amended Nov. 8, 1965, P.L. 80-329; Title IV, sec. 441(3), 79 Stat. 1249;
amended Oct. 16, 1968, P.L. 00-575, Title I, sees. 131, 133, 139, 82 Stat. 1028-1030.
CONDITIONS OF AGREEMENTS
SEc. 444. (a) An agreement entered into pursuant to section 443
shall-
PAGENO="0352"
342
(1) provide for the operation by the institution of a program
for the part-time employment of its students in work for the in-
stitution itself (except in the case of a proprietary institution of
higher education) or work in the public interest for a public or
private nonprofit organization under an arrangement between the
institution and such organization, and such work-
(A) will not result in the displacement of employed work-
ers or impair existing contracts for services,
(B) will be governed by such conditions of employment as
will be appropriate and reasonable in light of such factors as
type of work performed, geographical region, and proficiency
of the employee, and
(C) does not involve the construction, operation, or main-
tenance of so much of any facility as is used or is to be used
for sectarian instruction or as a place for religious worship:
(2) provide that funds granted an institution of higher ediica-
tion, pursuant to section 443 may be used only to make PaYTfle1itS
to students participating in work-study programs, except that an
institution may use a portion of the sums granted to it to meet
administrative expenses in accordance with section 463 of this
Act;
(3) provide that in the selection of students for employment
under such work-study program preference shall be given to stu-
dents with the greatest financial neecL taking into account gra1it
assistance provided such student from any public or private
sources, and that employment, under such work-study ~og~m
shall be furnished only to a student who (A) is in need of the earn-
ings from such employment in order to pursue a course of study
at such institution (taking into consideration the actual cost of
attendance at such institution), (B) shows evidence of academic
or creative promise and capability of maintaining good standing
in such course of study while employed under the program coy-
erecl by the agreement and (C) has been accepted for enrollment
as a student at the institution on at least a half-time basis or. in
the case of a student already enrolled ~ll and attending the institu-
tion, is in good standing and in attendance there on at least a half-
tune basis either as an undergraduate, graduate. or professional
student;
(4) (Vacant).
(5) provide that the institution will meet the requirements of
section 494 of this Act (relating to maintenance of effort)
(6) provide that the Federal share of the compensation of stu-
dents employed in the work-study program in accordance with
the agreement will not. exceed 80 per ccntuin of such compensation;
except that the Federal share may exceed 80 per centum of such
compensation if the. Commissioner determines. 1)lTislialit to regu-
la~ions adopted and promulgated b~- him establishing objective
criteria for such dleterminations. that a. Federal share in excess
of 80 per ceiitum is requiredl in furtherance of the purposes of
this part;
(7) include provisioiis designed to make employment under
such work-study program, or equivalent. employment, offered or
arranged for by the institution, reasonably available (to the ex-
PAGENO="0353"
343
tent of available funds) to all eligible students in the institution
in need thereof; and
(8) include such other provisions as the Commissioner shall
deem necessary or appropriate to carry out the purposes of this
part.
(b) An agreement entered into pursuant to section 443 with an area
vocational school shall contain, in addition to the provisions described
in subsection (a) of this section, a provision that a student in such a
school shall be eligible to participate in a program under this part only
if he (1) has a certificate of graduation from a school providing sec-
ondary education or the recognized equivalent of such a certificate, and
(2) is pursuing a program of education or training which requires at
least six months to complete and is designed to prepare the student for
gainful employment in a recognized occupation.
(c) For purposes of paragraph (4) of subsection (a) of this section,
in computing average hours of employment of a student over a semes-
ter or other term, there shall be excluded any period during which the
student is on vacation and any period of nonregular enrollment. Em-
ployment under a work-study program during any such period of non-
regular enrollment during which classes in which the student is en-
rolled are in session shall be oniy to the extent and in accordance with
criteria established by or pursuant to regulations of the Commissioner.
(42 U.S.C. 2754) Enacted Aug. 20, 1964, P.L. 88-452, Title I, sec. 124, 78 Stat.
514; amended Oct. 9, 1965, P.L. 89-253, sec. 10, 79 Stat. 974; amended Nov. 8,
1965; P.L. 89-329, Title IV, sec. 441 (1), (4), (5), 79 Stat. 1249, 1250; amended
Sept. 6, 1967, P.L. 90-82, sees. 1, 2, 81 Stat. 194; amended Oct. 16, 1968, P.L.
90-575, Title I, sees. 131, 133, 134, 136, 137, 138, 139, 82 Stat. 1028-1030; amended
and clause (4) repealed June 23, 1972, P.L. 92-318, sees. 135D, 135E, 86 Stat. 271.
SOURCES OF MATCHING FUNDS
SEC. 445. Nothing in this part shall be construed as restricting the
source (other than this part) from which the institution may pay its
share of the compensation of a student employed under a work-study
program covered by an agreement under this part, and such share
may be paid to such student in the form of services and equipment (`in-
cluding tuition, room, board, and books) furnished by such institution.
(42 U.S.C. 2755) Enacted Aug 20, 1964, P.L. 88-452, Title I, see. 125, 78 Stat.
516; amended Nov. 8, 1966, P.L. 89-329; Title IV, see. 441 (6), 79 Stat. 1250
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 131, 82 Stat. 1028.
EQUITABLE DISTRIBUTION OF ASSISTANCE
SEC. 446. The Commissioner shall establish criteria designed to
achieve such distribution of assistance under this part among institu-
tions of higher education within a State as will most effectively carry
out the purposes of this Act.
(42 U.S.C. 2756) Enacted Aug. 20, 1964, P.L. 88-452, Title I, see. 126, 78 Stat.
516; amended Nov. 8, 1965, P.L. 89-329, Title IV, sec. 441 (1), 79 Stat. 1249;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 131, 82 Stat. 1028.
WORK-STUDY FOR COMMUNITY SERVICE LEARNING PROGRA1'~I
SEC. 447. (a) The purpose of this section is to enable students in
eligible institutions who are in need of additional financial support to
44-078 0 - 75 - 23
PAGENO="0354"
344
attend institutions of higher education, with preference given to vet-
erans who served in the Armed Forces in Indochina or Korea after
August 5, 1964. to obtain earnings from employment which offers the
maximum potential both for effective service, to the community and for
enhancement of the educational development of such students.
(b) There are authorized to be appropriated $25~000.000 for the
fiscal year ending June 30, 1972, and $50,000,000 each succeeding fiscal
year ending prior to July 1, 1975, to carry out this section through
local project grants, without regard to the provisions of section 442.
(c) The Commissioner is authorized to enter into agreements with
public or pri\Tate nonprofit agencies under which the Commissioner
will make grants to such agencies to pay the compensation of students
who are employed by such agencies in iobs providing needed com-
munity services and which are of educational value.
(ci) An agreement entered into under subsection (c) above shall-
(1) pro~nidie for the part-time einpToyment of college students
in projects designed to improve community services or solve, par-
ticular Problems in the conumunity;
(2) provide assurances that preference will be given to vet-
erans who served in the Armed Forces in Indochina. or Korea
after August 5, 1964, in recruiting students to eligible institu-
tions for jobs under this section, and that the agency~ in coopera-
tion with the institution of higher education which the student
attends, will make an effort to relate. the projects perforiued by
students to their general academic, program and to a comprehen-
sive program for college student services to the community;
(3) conform with the provisions of clauses (1) (A). (1) (B)
and (1) (C) of section 444(a), and provides for the. selection of
students who meet the requirements of clauses (3) (A), (3) (B)
and (3) (C) of section 444(a); and
(4) include such other provisions as the Commissioner shall
deem necessary or appropriate to carry out the purposes of this
section, including lro~~o1~ for oversight by the institution of
higher education which the student participating in such a pro-
gram attends.
(e) For purposes of this section. the. term "community service"
includes, but is not limited to. work in such fields as environmental
quality, health care, education, welfare. puiiic safety. crime preveiution
and control, transportation, recreation. housing. and neighborhood
improvement., rural development, conservation, beautification, and
other fields of human betterment and community improvement.
(42 U.S.C. 2756a) Enacted June 23, 1972, P.L. 92-318, sec. 135F, 86 Stat. 271,
272.
PART D-COOPERATIvE ED'icATIox Paoum~r
APPROPRIATIONS AT~TTIORIZED
SEC. 451. (a) There are authorized to be appropriated S340,000 for
the fiscal year ending June 30, 1969, $8,000,000 for the fiscal year
ending June 30. 1970, and $10,000,000 for each of the succeeding fiscal
years ending prior to ,July 1. 1975, to enable the Commissioner to make
grants pursuallt to section 452 to institutions of higher education for
the planning, establishment. expansion, or carrying out by such insti-
tutions of programs of cooperative education that alternate periods
PAGENO="0355"
345
of full-time academic study with periods of full-time public or private
employment that will not only afford students the opportunity to earn
through employment funds required toward continuing and com-
pleting their education but will, so far as practicable, give them work
experience related to their academic or occupational objective. Such
amounts for the fiscal year ending June 30, 1969, shall also be available
for planning and related activities for the purpose of this title.
(b) There are further authorized to be appropriated $750,000 for the
fiscal year ending June 30, 1969, and for each of the succeeding fiscal
years ending prior to July 1, 1975, to enable the Commissioner to make
training, demonstration, or research grants or contracts pursuant to
section 453.
(c) Appropriations under this part shall not be available for the
payment of compensation of students for employment by e~nployers
under arrangements pursuant to this part.
(20 U.S.C. 1087a) Enacted Oct. 16, 1968, P.L. 90-575, Title I, sec. 141, 82 Stat.
1030; amended June 23, 1972, P.L. 92-318, sec. 136, 86 Stat. 272.
GRANTS FOR PROGRAMS OF COOPERATIVE EDUCATION
SEC. 452. (a) From the sums appropriated pursuant to subsection
(a) of section 451, and for the purposes set forth therein, the Com-
missioner is authorized to make grants to institutions of higher educa-
tion that have applied therefor in acordance with subsection (b) of
this sectioi~, in amounts not in excess of $75,000 to any one such institu-
tion for any fiscal year.
(b) Each application for a grant authorized by subsection (a) of
this section shall be filed with the Commissioner at such time or times
as he may prescribe and shall-
(1) set forth programs or activities for which a grant is au-
thorized under this section;
(2) provide that the applicant will expend during such fiscal
year for the purpose of such program or activity not less than
was expended for such purpose during the previous fiscal year;
(3) provide for the making of such reports, in such form and
containing such information, as the Commissioner may reasonably
require to carry out his functions under this part, and for the
keeping of such records and for affording such access thereto as
the Commissioner may find necessary to assure the correctness and
verification of such reports;
(4) provide for such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of, and
accounting for, Federal funds paid to the applicant under this
part; and
(5) include such other information as the Commissioner may
determine necessary to carry out the purposes of this part.
(c) No institution of higher education may receive grants under
this section for more than three fiscal years.
(d) In the development of criteria for approval of applications
under this section, the Commissioner shall consult with the Advisory
Council on Financial Aid to Students.
(20 U.S.C. 1087b) Enacted Oct. 16, 1968, P.L. 90-575, Title I, sec. 141, 82 Stat.
1030.
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GRANTS AND CONTRACTS FOR TRAINING AND RESEARCH
SEC. 453. From the sums appropriated pursuant to subsection (b)
of section 451, the Commissioner is authorized, for the training of
persons in the planning, establishments, administration, or coordina-
tion of programs of cooperative education. for projects demonstrat-
ing or exploring the feasibility or value of innovative methods of
cooperative education, or for research into methods of improving, de-
veloping, or promoting the use of cooperative education programs in
institutions of higher education, to-
(1) make grants to or contracts with institutions of higher
education, or combinations of such institutions, and
(2) make grants to other public or private nonprofit agencies
or organizations, or contracts with public or private agencies or
organizations, when such grants or contracts will make an espe-
cially significant contribution to attaining the objectives of this
section.
(20 U.S.C. 1087c) Enacted Oct. 16, 1968. P.L. 90-575, Title I. sec. 141, 82 Stat.
1030; amended June 23, 1972, P.L. 92-318, sec. 136(b) (2), 86 Stat. 272.
PART E-DIRECT LOANS TO STUDENTS IX INSTITUTIONS OF HIGHER
EDUCATION 1
APPROPRIATIONS AUTHORIZED
SEC. 461. (a) The Commissioner shall carry out a program of stimu-
lating and assisting in the establishment and maintenance of funds at
institutions of higher education for the making of low-interest loans to
students in need thereof to pursue their courses of study in such insti-
tutions.
(b) (1) For the purpose of enabling the Commissioner to make con-
tributions to student loan funds established under this part, there are
hereby authorized to be appropriated $375,000,000 for the fiscal year
ending June 30, 1972, and $400,000,000 for the fiscal year ending
June 30, 1973, and for each of the succeeding fiscal years ending prior
to July 1, 1975.
(2) In addition there are hereby authorized to be appropriated
such sums for the fiscal year ending June 30, 1976, and each of the
three succeeding fiscal years as may be necessary to enable students
who have received loans for academic years ending prior to July 1,
1975, to continue or complete courses of study.
(c) Any sums appropriated pursuant to subsection (b) for any
fiscal year shall be available for apportionment pursuant to section
462 and for payments of Federal capital contributions therefrom to
institutions of higher education which have agreements with the Corn-
missioner under section 463. Such Federal capital contributions and
all contributions from such institutions shall be used for the establish-
ment, expansion, and maiutenance of student loan funds.
(20 U.S.C. 1087aa) Enacted June 23, 1972, P.L. 92-318, sec. 137(b), 86 Stat.
273.
(NoTE: Sees. 137 (c) and (d) of P.L. 92-318 provide as follows:)
(c) In the ease of a loan made before July 1, 1972, under title II of the Na-
tional Defense Education Act of 1958 not to exceed 50 per centum of such loan
`Part E continues the authority formcrly contained in Title II of the NDEA.
PAGENO="0357"
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(1) shall be canceled for service by the borrower as a full-time teacher in a
public or other nonprofit elementary or secondary school in a State, in an insti-
tution of higher education, or in an elementary or secondary school overseas of
the Armed Forces of the United States at the rate of 10 per centum of the total~
amount of such loan for each complete academic year of such service, except
that (A) such rate shall be 15 per centum for each complete academic year of
service as a full-time teacher in a public or other nonprofit elementary or sec-
ondary school which is in the school district of a local educational agency which
is eligible in such year for assistance pursuant to title I of the Elementary and
Secondary Education Act of 1965, as amended, and which for purposes of this
paragraph and for that year has been determined by the Commissioner (pur-
suant to regulations and after consultation with the State educational agency
of the State in which the school is located to be a school in which there is a hig~h
concentration of students from low-income families, except that (unless all of
the schools so determined are schools in which the enrollment of children de-
scribed in clause (A), (B), or (C) of section 103(a) (2) of such title (using
a low-income factor of $3,000) exceeds 50 per centum of the total enrollment
of the school) the Commissioner shall not make such determination with re-
spect to more than 25 per centum of the total of the public and other nonprofit
elementary and secondary schools in any one State for any one year, (B) such
rate shall be 15 per centum for each complete academic year of service as a full-
time teacher of handicapped children (including mentally retarded, hard of
hearing, deaf, speech impaired, visually handicapped, seriously emotionally
disturbed, or other health impaired children who by reason thereof require
special education) in a public or other nonprofit elementary or secondary school
system, and (C) for the purpose of any cancellation pursuant to clause (A) or
(B), an additional 50 per centum of any such loan may be cancelled, and (2)
shall be cancelled for service by the borrower after June 30, 1970, as a member
of the Armed Forces of the United States at the rate of 121/2 per centum of the
total amount of such loan for each year of consecutive service, but only if such
loan was made after April 13, 1970.
(d) (1) Upon enactment of this Act, the program authorized by part E of
title IV of the Higher Education Act of 1965, as added by subsection (b) is, and
shall be deemed to be, a continuation of the program authorized by title II of
the National Defense Education Act of 1958. In accordance with regulations of
the Commissioner, except as provided in subsection (c), all rights, privileges,
duties, functions, and obligations under such title II prior to the enactment of
this Act shall. be deemed to be vested, as the Commissioner determines to be
appropriate, under such part B. Any student loan fund established under an
agreement under such title II shall, in accordance with regulations, be deemed
to have been established under such part E, and any assets of such student loan
fund of any institution shall be deemed to be the assets of a student loan fund
established under an agreement of that institution with the Commissioner un-
der such part E.
APPORTIONMENT OF APPROPRIATIONS
SEc. 462. (a) (1) From 90 per centum of the sums appropriated
pursuant to section 461(b) (1) for any fiscal year, the Commissioner
shall apportion to each State an amount which bears the same ratio
to the amount so appropriated as the number of persons enrolled on
a full-time basis in institutions of higher education, as determined
by the Commissioner for the most recent year for which satisfactory
data are available to him, in .such State. bears to the total number
of persons so enrolled in all the States. The remainder of the sums
so appropriated shall be apportioned among the States by the Com-
missioner in accordance with equitable criteria which he shall establish
and which shall be designed to achieve a distribution of the sums
so appropriated among the States which will most effectively carry
out the purpose of this part, except that where any State's apportion-
ment under the first sentence for a fiscal year is less than its allotment
under section 202(a) of the National Defense Education Act of 1958
PAGENO="0358"
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for the fiscal year ending June 30, 1972, before he makes any other
apportionments under this sentence, the Commissioner shall appor-
tion sufficient additional sums to such State under this sentence to
make the State's apportionment for that year under this paragraph
equal to its allotment for the fiscal year ending June 30, 19 12, under
such section 202(a). Sums apportioned to a State under the preceding
sentence shall be consolidated with, and become a~ part of, its appor-
tionment from the same appropriation under the first sentence of this
paragraph.
(2) Any sums appropriated pursuant to section 461(b) (`2) for any
fiscal year shall be apportioned among institutions of higher education
in such a manner as the Commissioner determines will best accomplish
the purpose for which they were appropriated.
(b) (1) Any institution of higher education desiring t.o receive pay-
ments of Federal capital contributions from the apportionment of the
State in which it is located for any fiscal year shall make an agree-
ment under section 463 and shall submit an application therefor to
the Commissioner, in accordance with the provisions of this part. The
Commissioner shall, from time to time, set dates before which such
institutions must file applications under this section.
(2) The Commissioner shall pay to each applicant under this sub-
section which has an agreement with him under section 463, from
the amount apportioned to the State in which it is located, the amount
requested in such application. Such payment may be made in such
installments as the Commissioner determines will iiot result in unnec-
essary accumulations of capital in the student loan fund of the apnli-
cant established under its agreements under section 463.
(c) (1) (A) If the total amount of Federal capital contributions
requested in the applications from a State for any fiscal year exceeds
the amount apportioned to that State, the request from each institu-
tion shall be reduced ratably.
(B) In case additional amounts become available for payments to
student loan funds in a State in which requests have been ratably
reduced under subparagraph (A), such requests shall be increased
on the same basis as they were reduced, except that iio request shall
be increased above the request submitted under subsection (b) (1).
(2) If the amount of an apportionment to a State for any fiscal
year exceeds the total amount of Federal capital contributions re-
quested in applications from that State, such excess shall be available
for reapportionment from time to time on such date or dates as the
Commissioner sha1l fix. From the aggregate of such excess for any
fiscal year, the Commissioner shall reapportion to each State in which
requests were reduced under subparagraph (A) of paragraph (1) an
amount which bears the same ratio to such aggregate as the total
amount of such reduction in that State bears to the ~total amount of
such reductions in all the States.
(d) The aggregate of the amounts of Federal capital contributions
paid under this section for any fiscal year to proprietary institutions
of higher education may not exceed the amount by which the sums
appropriated pursuant to section 461 (b) (1) for that fiscal year ex-
ceed $190,000,000.
274. ~ 1087bb) Enacted June 23, 1972, P.L. 92-318, sec. 137(b), 86 Stat. 273,
PAGENO="0359"
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AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION
SEC. 463. (a) An agreement with any institution of higher educa-
tion for the payment of Federal capital contributions under this part
shall-
(1) provide for the establishment and maintenance of a student
loan fund for the purposes of this part;
(2) provide for the deposit in such fund of-
(A) the Federal capital contributions,
(B) a capital contribution by such institution in an
amount equal to not less than one-ninth of the amount of such
Federal contributions,
(C) collections of principal and interest on student loans
made from such fund,
(D) charges collected pursuant to regulations under sec-
tion 464(c) (1) (G), and
(E) any other earnings of the funds;
(3) provide that such student loan fund shall be used only
for-
(A) loans to students, in accordance with the provisions
of this part,
(B) administrative expenses, as provided in subsection
(b),
(C) capital distributions, as provided in section 466, and
(D) costs of litigation, and other collection costs agreed
to by the Commissioner in connection with the collection of
a loan from the fund (and interest thereon) or a charge
assessed pursuant to regulations under section 464(c) (1) (G)
(4) provide that where a note or written agreement evidenc-
ing a loan has been in default for at least 2 years despite due dili-
gence on the part of the institution in making collection thereon,
the institution may assign its rights under such note or agree-
ment to the United States, without recompense, and that in that
event any sums collected on such a loan shall be deposited in the
general fund of the Treasury; and
(5) include such other provisions as may be necessary to pro-
tect the financial interest of the United States and promote the
purposes of this part as are agreed to by the Commissioner and
the institution.
(b) An institution which has entered into an agreement under sub-
section (a) shall be entitled, for each fiscal year during which it makes
student loans from a student loan fund established under such agree-
ment, to a payment in lieu of reimbursement for its expenses in admin-
istering its student loan program under this part during such year.
Such payment shall be made in accordance with section 493.
(20 U.S.C. 1087cc) Enacted June 23, 1972, P.L. 92-318, sec. 137(b), 80 Stat. 274,
275.
TERMS OF LOANS
SEC. 464. (a) (1) Loans from any student loan fund established pur-
suant to an agreement under section 463 to any student by any insti-
tution shall, subject to such conditions, limitations, and requirements
PAGENO="0360"
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as the Commissioner shall prescribe by regulation, be made on such
terms and conditions as the institution may determine.
(2) The aggregate of the loans for all years made by institutions of
higher education from loan funds established pursuant to agreements
under this part may not exceed-
(A) $10,000 in the case of any graduate or professional student
(as defined by regulations of the Commissioner, and including any
loans from such funds made to such person before he became a
graduate or professional student);
(B) $5,000 in the case of a student who has successfully com-
pleted two years of a program of education leading to a bachelor's
degree, but who has not completed the work necessary for such a
degree (determined under regulations of the Commissioner, and
including any loans from such funds made to such person before
he became ~uch a student) ; and
(C) $2,500 in the case of any other student.
(3) Regulations of the Commissioner under paragraph (1) shall be
designed to prevent the impairment of the capital of student loan
funds to the maximum extent practicable and with a view toward the
objective of enabling the student to complete his course of study.
(b) A loan from a student loan fund assisted under this part may
be made only to a student who-
(1) is in need of the amount of the loan to pursue a course of
study at such institution;
(2) is capable, in the opinion of the institution, of maintaining
good standing in such course of study;
(3) has been accepted for enrollment as an undergraduate,
graduate~ or professional student in such institution, or, in the case
of a student already in attendance at such institution, is in good
standing; and
(4) is carrying at least one-half the normal academic workload,
as determined by the institution.
In any case in which a~ student has been determined to be eligible for a
loan under the preceding sentence, and such student thereafter fails to
maintain good standing, the eligibility of such student shall, upon
notice to the Commissioner, be snspended, and further payments to, or
on behalf of, such student shall not be. macIc until such student regains
good standing.
(c) (1) Any agreement between an institution and a student for
a loan from a student loan fund assisted under this part-
(A) shall be evidenced by note or other written instrument
which, except as provided in paragraph (2), provides for repay-
rneiit of the principal amount of the Juan, together with interest
thereon, in equal installments for, if the borrower so requests, in
graduated periodic inst ailments determined in accordance with
such schedules as may be approved by the Commissioner) payable
quarterly. bimonthly. or monthly, at the option of the institution,
over a period beginning nine ionths after the. clatc on which the
student ceases to carry, at an institution of higher education or a
comparable institution outside the United States approved for this
i~urpose by the Commissioner, at least one-half the normal full-
time academic workload, and ending ten years and nine months
after such date;
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351
(B) shall include provision for acceleration of repayment of
the whole, or any part, of such loan, at the option of the borrower;
(C) may provide, at the option of the institution in accordance
with regulations of the Commissioner, that during the repayment
period of the loan, payments of principal and interest by the bor-
rower with respect to all outstanding loans made to him from
student loan fund assisted under this part shall be at a rate equal
to not less than $30 per month;
(D) shall provide that the loan shall bear interest, on the
unpaid balance of the loan, at the rate of 3 per centum per annum,
except that no interest shall accrue (i) prior to the beginning date
of repayment determined under clause (A) (i) or (ii) during any
period in which repayment is suspended by reason of paragraph
(2);
(E) unless the borrower is a minor and the note or other evi-
dence of obligation executed by him would not, under applicable
law, create a binding obligation, shall provide that the loan shall
be made without security and without endorsement;
(F) shall provide that no note or evidence of obligation may be
assigned by the lender, except upon the transfer of the borrower
to another institution participating under this part (or, if not so
participating, is eligible to do so and is approved by the Commis-
sioner for such purpose), to such institution; and
(G) may, pursuant to regulations of the Commissioner, provide
for an assessment of a charge with respect to the loan for failure
of the borrower (i) to pay all or part of an installment when it is
due or (ii) to file timely and satisfactory evidence of an entitle-
ment of the borrower to a deferment of repayment benefit or a
cancellation benefit provided under this part.
(2) (A) No repayment of principal of, or interest on, any loan from
a. student loan fund assisted under this part shall be required during
any period in which the borrower-
(i) is carrying at least one-half the normal full-time academic
workload at an institution of higher education or at a comparable
institution outside the United States which is approved for this
purpose by the Commissioner;
(ii) is a member of the Armed Forces of the United States;
(iii) is in service as a volunteer under the Peace Corps Act; or
(iv) is in service as a volunteer under title VIII of the Eco-
nomic Opportunity Act of 1964.
The period during which repayment may be deferred by reason of
clause (ii), (iii) or (iv) shall not exceed three years.
(B) Any period during which repayment is deferred under sub-
paragraph (A) shall not be included in computing the ten-year maxi-
mum period provided for in clause (A) of paragraph (1).
(3) The Commissioner is authorized, when good cause is shown, to
extend, in accordance with regulations, the ten-year maximum repay-
ment period provided for in clause (A) of paragraph (1) with respect
to individual loans.
(4) The amount of any charge under clause (G) of paragraph (1)
shall not exceed-
(A) in the case of a loan which is repayable in monthly install-
ments, $1 for the first month or part of a month by which such
PAGENO="0362"
352
installment or evidence is late and $2 for each such month or part
of a month thereafter; and
(B) in the case of a loan which has a bimonthly or quarterly
repayment interval, $3 and $6, respectively, for each such interval
or part thereof by which such installment or evidence is late.
The institution may elect to add the amount of any such charge. to the
principal amount of the loan as of the first day after the day on which
such installment or evidence was due, or to make the amount of the
charge payable to the institution not later than the due (late of the
next installment after receipt by the borrower of notice of the assess-
merit of the charge.
(d) An agreement under this part of payment of Federal capital
contributions shall include p1~ov1s1o11s designed to make loans from the
student loan fund established pursuant. to such agreement reasonably
available (to the extent of the available funds iii such fund) to all
eligible students in such institutions in need thereof.
(a) In determining, for purposes of clause (1) of subsection (b)
of this section, whether a student who is a veteran (as that. term is
defined in section 101 (2) of title 38, United States Code) is in need,
an. institution shall not take into account the income and assets of his
parents.
(20 U.S.C. 1087dd) Enacted June 23, 1972, P.L. 92-318, sec. 137(b), 86 Stat.
275, 277.
CANCELLATION OF LOANS FOR CEETAIX FVBLIC SERVICE
SEC. 465. (a) (1) The per centum specified iii paragraph (3) of this
subsection of the total amount of any loan made after June 30. 19T2.
from a student loan fund assisted under this part shall be. canceled
for each complete year of service after such date by the borrower under
circumstances described in paragraph (2).
(2) Loans shall be canceled under paragraph (1) for service-
(A) as a full-time teacher for service in an academic veai' in a
public or other nonprofit private elementary or secondary school
which is in the school distric.t of a local educational agency which is
eligible in such year for assistance lllmrslmant to title I of the Ele-
mentary and Secondary Education Act. of 1965. and which for the
purposes of this paragraph and for that year has been cletermmed
by time Commissioner (pursuant to regulations and after consul-
tation with the State educational agency of the State in which time
school is locatedl) t.o be a~ school in which the enrollment of chil-
dren described in clause (A), (B), or (C) of section 103 (a) (2)
of title I of the Elementary and Secondary Education Act of 1965
(using a low-income factor of $3,000) exceeds 30 per centum of the
total enrollment of that school and such determination shall not
be made with respect to more than 50 per centum of the total num-
ber of schools in the State receiving assistance under such title I;
(B) as a full-time staff member in a pmesehool program car-
ned on under section 222(a) (1) of the Economic Opportunity
Act of 1964 which is operated for a peniOdl whjch is comparable
to a full school year in the locality: Provided. That the salary of
such staff member is not more than the salary of a comparable
employee of the local educational agency, or
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353
(C) as a full-time teacher of handicapped children in a public
or other nonprofit elementary or secondary school system; or
(D) as a member of the Armed Forces of the United States,
for service that qualifies for special pay under section 310 of
title 37, United States Code, as an area of hostilities.
For purposes of this paragraph, the term "handicapped children"
means children who are mentally retarded, hard of hearing, deaf,
speech-impaired, visually handicapped, seriously emotionally dis-
turbed, or other health-impaired children who by reason thereof
require special education.
(3) (A) The per centuin of a loan which shall be canceled under
paragraph (1) of this subsection is-
(i) in the case of service described in c1au~e (A), or (C), of
paragraph (2), at the rate of 15 per centum for the first or second
year of such service, 20 per centum for the third or fourth year of
such service, and 30 per centum for the fifth year of such service;
(ii) in the case of service described in clause (B) of para-
graph (2) at the rate of 15 per centum for each year of such
service;
(iii) in the case of service described in clause (D) of para-
graph (2) not to exceed a total of 50 per centum of such loan at
the rate of 121/2 per centum for each year of qualifying service.
(B) If a portion of a loan is canceled under this subsection for any
year, the entire amount of interest on such loan which accrues for such
year shall be canceled.
(C) Nothing in this subsection shall be construed to authorize
refunding any repaythent of a loan.
(4) For the~ purposes of this subsection, the term "year" where
applied to service as a teacher means academic year as defined by the
Commissioner.
(b) The Commissioner shall pay to each institution for each fiscal
year an amount equal to the aggregate of the amounts of loans from
its student loan fund which are canceled purusant to this section for
such year. None of the funds appropriated pursuant to section 461(b)
shall be available for payments pursuant to this subsection.
(20 U.S.C. 1087ee) Enacted June 23, 1972, P.L. 92-318, sec. 137(b), 86 Stat.
277, 278.
DISTRIBUTION or ASSETS FROM S'ITTDENT LOAN FUNDS
SEC. 466. (a) After June 30, 1980, and not later than December 31,
1980, there shall be a capital distribution of the balance of the student
loan fund established under this part by each institution of higher
education as follows:
(1) The Commissioner shall first be paid an amount which bears
the same ratio to the balance in such fund at the close of June 30,
1980, as the total amount of the Federal capital contributions to
such fund by the Commissioner under this part bears to the sum
of such Federal contributions and the institution's capital con-
tributions to such fund. . .
(2) The remainder of such balance shall be paid to the institu-
tion.
(b) After December 31, 1980, each institution with which the Com-
missioner has made an agreement under this part, shall pay to the
PAGENO="0364"
354
Commissioner the same proportionate share of amounts received by
this institution after June 30, 1974, in payment of principal and in-
terest on student loans made from the student loan fund established
pursuant to such agreement (which amount shall be determined after
deduction of any costs of litigation incurred in collection of the princi-
pal or interest on loans from the fund and not already reimbursed
from the fund or from such payments of principal or interest), as
was determined for the Commissioner under subsection (a).
(c) Upon a finding by the institution or the Commissioner prior
to July 1, 1980, that the liquid assets of a student loan fund established
pursuant to an agreement under this part exceed the amount required
for loans or otherwise in the foreseeable future, and upon notice to
such institution or to the Commissioner, as the case may be, there shall
be, subject to such limitations as may be included in regulations of
the Commissioner or in such agreement, a capital distribution from
such fund. Such capital distribution shall be macic cs follows:
(1) The Commissioner shall first be paid an amount which bears
the same ratio to the total to be distributed as the Federal capital
contributions by the Commissioner to the student loan fund prior
to such distribution bear to the sum of such Federal capital con-
tributions and the capital contributions to the fund made by the
institution.
(2) The remainder of the capital distribution shall be paid to
the institution.
(20 U.S.C. 1087ff) Enacted June 23, 1972, P.L. 92-318. sec. 137(b), 86 Stat. 278,
279.
PART F-GENERAL Puovisioxs RELATING TO STUDENT ASSISTANCE
PROGRAMS
Subpart 1-General Provisions
DEFINITIONS
SEc. 491. (a) For purposes of this title, the term "State" includes the
Trust Territory of the Pacific Islands.
(b) (1) For the purposes of this title. except. subpart 5 of Part. A,
except part B, the term "institution of higher education" includes any
school of nursing; and any proprietary institution of higher education
which has an agreement with the Commissioner containing such terms
and conditions as the Commissioner determines to be necessary to
insure that the availability of assistance to students at the school under
this title has not resulted, and will not result, in an increase in the
tuition, fees, or other charges to such students.
(2) For the purposes of this subsection:
(A) The term "school of nursing" means a public or other non-
profit collegiate or associate degree school of nursing.
(B) The term "collegiate school of nursing" means a depart-
ment, division, or other administrative unit in a college or uni-
versity which provides primarily or exclusively an accredited
program of education in professiollal nursmg and allied subjects
leading to the degree of bachelor of arts, bachelor of science,
bachelor of nursing, or to an equivalent degree, or to a graduate
degree in nursing.
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355
(C) The term "associate degree school of nursing" means a de-
partment, division, or other administrative unit in a junior college,
community college, college, or university which provides primarily
or exclusively an accredited two-year program of education in pro-
fessional nursing and allied subjects leading to an associate degree
in nursing or to an equivalent degree.
(D) The term "accredited" when applied to any program of
nurse education means a program accredited by a recognized body
or bodies approved for such purpose by the Commissioner.
(3) For the purposes of this subsection, the term "proprietary insti-
tution of higher education" means a school (A) winch provides not less
than a six-month program of training to prepare students for gainful
employment in a recognized occupation, (B) which meets the require-
ments of clauses (1) and (2) of section 1201(a), (C) which does not
meet the requirement of section clause (4) of section 1201 (a), (D)
which is accredited by a nationally recognized accrediting agency or
association approved by the. Commissioner for this purpose, and (E)
which has been in existence for at least two years. For purposes of this
paragraph, the Commissioner shall publish a list of nationally recog-
nized accrediting agencies or associations which he determines to be
reliable authority as to the quality of training offered.
(c) For the purposes of this title-
(1) the term "academic year" shall be defined by the Commis-
sioner by regulations; and
(2) the term "in attendance", when applied to a student, means
a ~student who attends an institution of higher education at least
on a half-time basis, as defined by the Commissioner by regulation.
(20 U.S.C. 1088) Enacted Oct. 16, 1968, P.L. 90-575, Title I, sec. 151, 82 Stat.
1032, subsection (b) amended ~Tune 23, 1972. EL. 92-318; sec. 131(c), 86 Stat.
259, 260; redesignated June 23, 1972. P.L. 92-318, sec. 137(b), 86 Stat. 272;
amended. June 23, 1972, P.L. 92-318, sec. 1001 (c) (3), 86 Stat. 381.
ELIGIBILITY OF RESIDENTS OF TRUST TERRITORY OF PACIFIC ISLANDS
SEC. 492. Permanent residents of the Trust Territory of the Pacific
Islands shall be eligible for assistance under title II of the National
Defense Education Act of 1958 and under this title to the same extent
that citizens of the United States are eligible for such assistance.
(20 U.S.C. 1088a) Enacted Oct. 16, 1968, P.L. 90-575, Title I, sec. 151, 82 Stat.
1032; redesignated June 23, 1972, P.L. 92-318, sec. 137(b), 80 Stat. 272.
EXPENSES OF ADMINISTRATION
SEC. 493. (a) An institution which has entered into an agreement
with the Commissioner under part A or C of this title shall be entitled
for each fiscal year for which it receives an allotment under either
such part to a payment in lieu of reimbursement for its expenses
during such fiscal year in administering programs assisted under
such part. The payment for a fiscal year (1) shall be payable from
each such allotment in accordance with regulations of the Commis-
sioner, and (2) shall (except as provided in subsection (b)) be an
amount equal to 3 per centum of (A) the institution's expenditures
during the fiscal year from its allotment under part A plus (B) its
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expenditures during such fiscal year under part C for compensation
of students.
(b) The aggregate amount paid to an institution for a fiscal year
under this section plus the amount withdrawn from its student loan
fund under section 204(b) of the National Defense Education Act of
1958 may not exceed $125,000.
(20 U.S.C. 1088b) Enacted Oct. 16, 1968, P.L. T ~-575. Title I. sec. 152. 82 Stat.
1033; redesignated June 23, 1972, P.L. 92-318, sec. 137(b) 86 Stat. 372.
MAINTENANCE OF EFFORT
SEc. 494. An agreement between the Commissioner and an institu-
tion under part A or part C shall provide assurance that the institu-
tion will continue to spend in its own scholarship and student-aid
program, from sources other than funds received under such parts,
not less than the average expenditures per year made for that purpose
during the most recent period of three fiscal years preceding the
effective date of the agreement, except that under special and unusual
circumstances, pursuant to regulations. the Commission is authorized
to waive the application of any provision of such an agreement which
is required by this section.
(20 U.S.C. 1088c) Enacted Oct. 16, 1968, P.L. 90-575, Title I, sec. 152, 82 Stat.
1033; redesignated June 23, 1972, P.L. 92-318, sec. 137(b), 86 Stat. 272.
FURNISI-IING GUIDELINES
SEC. 495. Copies of all rules, regulations, guidlelines, instructions,
and application forms published or promulgated plIrSuittlut to this
title shall be provided to the Committee on Labor and Public Welfare
of the Senate and the Conumittee on Education and Labor of the
House of Representatives at least thirty days lrior to their effective
date.
(20 U.S.C. 1088d) Enacted June 23, 1972, P.L. 92-318, sec. 139, 86 Stat. 280.
TRANSFERS BETWEEN PROGRAMS
SEC. 496. Up to 10 per centum of the allotment of an institution of
higher education for a fiscal year under section 413D or 442 of this
Act, may be transferred to, and used for the Imrposes of. the institu-
tion's allotment under the other section within the discretion of such
institution in order to offer an arrangement of types of aid, including
institutional and State aid, which best fits the needs of each individual
student. The Conuinissioner shall have no control over such transfer,
except as specifically authorized, except for the collection and clissemi-
nation of information.
(20 U.S.C. 1088e) Enacted June 23, 1972, P.L. 92-318, sec. 139A, 86 Stat. 281.
ELIGIBILITY FOR STUDENT ASSISTANCE
SEC. 497. (a) If all instutution of higher education determines, after
affording notice and opportunity for hearing to an individual attend-
ing, or employed by, such institution, that such individual has been
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convicted by any court of record of any crime which was committed
after June 30, 1972, and which involved the use of (or assistance to
others in the use of) force, (T1S1fl~tiofl, or the seizure of property under
control of any institutioii of higher education to prevent officials or
students in such institut~on finn i engaging in their duties or pursuing
their studies, and that such crillie was of a serious nature and con-
tributed to a substantial disruption of the administration of the in-
stitution with respect to winch such crime was committed, then the
institution which such individual attends, or is employed by, shall
deny for a period of two years any further payment to, or for the
direct benefit of, such individual under any of the programs author-
ized under this title. If an institution denies an individual assistance
under the authority of the preceding sentence of this subsection, then
any institution which such individual subsequently attends shall deny
for the remainder of the two-year period any further payment to, or
for the direct benefit of, such individual under any program author-
ized by this title.
(b) If an institution of higher education determines, after afford-
ing notice and opportunity for hearing to an individual attending, or
employed by, such institution, that such individual has willfully re-
fused to obey a lawful regulation or order of such institution after
June 30, 1972, and that such refusal was of a serious nature and con-
tributed to a substantial disruption of the administration of such
institution, then such institution shall deny, for a period of two years,
any further payments to, or for the direct benefit of, such individual
under any program authorized by this title.
(c) (1) Nothing in this section shall be construed to prohibit any
institution of higher education from refusing to award, continue, or
extend any financial assistance under this title to any individual
because of any misconduct which in its judgment bears adversely on
his fitness for such assistance.
(2) Nothing in this section shall be construed as limiting or pre-
judicing the rights and prerogatives of any institution of higher
education to institute and carry out an independent, disciplinary pro-
ceeding pursuant to existing authority practice and law.
(3) Nothing in this section shall be construed to limit the freedom
of any student to verbal expression of individual views or opinions.
(20 U.S.C. 1088f) Enacted June 23, 1972, P.L. 92-318, sec. 139B, 80 Stat. 281.
AFFIDAVIT OF EDUCATIONAL PURPOSE REQUIRED
SEC. 498. (a) Notwithstanding any other provision of law, no grant,
loan, or loan guarantee authorized under this title may be made unless
the student to whom the grant, loan, or loan guarantee is made has
filed with the institution of higher eudcation which he intends to at-
tend, or is attending (or in the case of a loan or loan guarantee with
the lender), an affidavit stating that the money attributable to such
grant, loan, or loan guarantee will be used solely for expenses related
to attendance or continued attendance at such institution.
(b) Nothing in this section shall be construed to invalidate any
loan guarantee made under this title.
(20 U.S.C. 1088g) Enacted June 23, 1972, P.L. 92-318, sec. 139C, 86 Stat. 282.
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Subpart 2-Advisory Council on Financial Aid to Students
ESTABLISHMENT OF COUNCIL
SEC. 499. (a) There is established in the Office of Education an Ad-
visory Council on Financial Aid to Students (hereafter in this section
referred to as the "Council"), consisting of the Commissioner, who
shall be Chairman, and of members appointed by the. Coinmisioner
without regard to the civil service or classification laws. Such ap-
poiiitecl members shall include (1) leading authorities in the field of
education, (2) persons representing State and private nonprofit loan
insurance programs, financial and credit institutions, and institutions
of higher education and other eligible institutions as those terms may
be variously defined in this Act or in the National Defense Education
Act of 1958, and (3) at least one undergraduate student in all institu-
tion of higher education or other eligible institution.
(b) The Council shall advise tile Commissioner 011 matters of gen-
eral policy arising ill tile administration by the Commissioner of Pro-
grams relatmg to financial assistance to students and on evaluation of
the effectiveness of these programs.
(20 U.S.C. 1089) Enacted Oct. 16, 1968. P.L. 90-575, Title I. sec. 151. 82 Stat.
1032; subsections (c) and (d) repealed April 13. 1970. P.L. 91-230. sec. 401(h)
and superseded by pt. C of title IV of P.L. 90-247, as amended: redesignated
June 23, 1972, P.L. 92-318, sec. 137(b) 86 Stat. 212.
TITLE V-EDUCATION PROFESSIONS DEVELOPMENT
PART A-GENERAL PROVISIONS
STATEMENT OF PtTRPOSE
SEC. 501. (a) Tile purlose of this title is to improve tile quality of
teaching and to hel1) meet critical shortages of adequately trained
educational personnel by (1) developing information on tile actual
needs for educational persoiiiiel. both present and long range. (2)
providing a broad range of high quality training and retraining op-
portunities, responsive to changmg manpower needs: (3) attracting
a greater number of qualified persoi~ into the teaching profession:
(4) attracting persons who can stimulate creativity in the arts and
other skills to undertake short-term or long-term assignments in edu-
cation; and (5) helping to make edlucational personnel training pro-
grams more responsive to the needs of the schools and colleges.
(b) For the purpose of carrying out the provisions of this title.
there are authorized to be appropriated S200.000.000 for the fiscal year
ending June 30. 1973, $300.000~000 for the fiscal year ending June 30,
1974, and $450,000,000 for the fiscal year endina~ June 30. 1975. of
which-
(1) not less than $500~000 shall be for the pi11~poses of section
504;
(2) not less than 25 percentiim or $37.500,000. whichever is
greater, shall be for the purposes of subpart I of iart B:
~ (3) not less than 5 per centum shall be for the purposes of part
(4) not Tess than 5 p~'~ centum shall be for the pulrposes of part
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(5) not less than 5 per centum shall be for the purposes of part
E;
(6) not less than 10 per centum shall be for the purposes of
pait F; and
(7) not less than 5 per centum of the amounts available for the
purposes of Part C or Part D shall be used for the training of
teachers for service in programs for children with limited English-
speaking ability.
(20 U.S.C. 1091) Enacted June 29, 1967, P.L. 90-35, sec. 2(c), 81 Stat. 82; sub-
section (b) added June 23, 1972, P.L. 92-318, Title I, sec. 141(b) (1), 86 Stat. 285.
NATIONAL ADVISORY COUNCIL ON EDUCATION PROFESSIONS DEVELOPMENT
SEC. 502. (a) The President shall, within ninety days after the
enactment of this section, appoint a National Advisory Council on
education Professions Development (hereafter in this section referred
to as the "Council") for the piiip~se of reviewing the operation of this
title and of all other Federal programs for the training and develop-
ment of educational personnel, and evaluating their effectiveness in
meeting needs for additional educational personnel, and in achieving
improved quality in training programs as evidenced in the competency
of the persons receiving such training when entering positions in the
field of education. The Council shall, in addition, advise the Secretary
and the Commissioner with respect to policy matters arising in the
administration of this title and any other matters, relating to the
purposes of this title, on which their advice may be requested.
(b) The Council shall be appointed by the President, without regard
to the civil service and classification laws, and shall consist of fifteen
persons. rfhe members, one of whom shall be designated by the Presi-
dent as Chairman, shall include persons broadly representative of the
fields of education, the arts, the sciences, and the humanities, and
of the general public; and a majority of them shall be engaged in
teaching or in the education of teachers.
(c) The Council shall make an annual report of its findings and
recommendations (including recomnienclations for changes in this
title and other Federal laws relating to educational personnel train-
ing) to the President and the Congress not later than January 31 of
each calendar year beginning after the eutactment of this section. The
President is requested to transmit to the Congress such comments and.
recommendations as lie may have with respect to such report.'
(20 U.S.C. 1091(a)) Enacted June 29, 1967, P.L. 90-35, sec. 2(c), 81 Stat. 82;
subsections (d) and (e) repealed April 13, 1970, P.L. 91-230, sec. 401(h) and
superseded by part C of title IV of P.L. 90-247, as amended; sec. 502 (f) amended
April 13, 1970, P.L. 91-230, 84 Stat. 190; sec. 502 (f) repealed June 23, 1972,
P.L. 92-318, sec. 141(c) (1) (A), 86 Stat. 285.
APPRAISING EDUCATION PERSONNEL NEEDS
SEC. 503. (a) The Commissioner shall from time to time appraise
the Nation's existing and future personnel needs in the field of edu-
1 Section 141 (c) (4) of P.L. 92-318 provIdes as follows:
"(4) The Department of Health, Education, and Welfare shall, under the authorIty
of section 401(c) and of part C of the General Education Provisions Act, submit to the
Congress an estimate of the sums necessary to carry out section 502 of such titlo V."
44-078 0 - 75 - 24
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cation, including preschool programs, elementary and secondary edu-
cation, vocational and technical education, adult education, and higher
education, including the need to provide such programs and education
to Indians, and the adequacy of the Nation's efforts to meet these needs.
In developing information relating to educational personnel needs, the
Commissioner shaH consult with, and make maximum utilization of
statistical and other related information of, the Department of Labor,
the National Science Foundation, the National Foundation on the Arts
and the Humanities, State educational agencies, State employment
security agencies, and other appropriate public and private agencies.
(b) The Commissioner shall prepare and publish annually a report
on the education professions, in which lie shall present in detail his
views on the state of the education professions and the trends which he
discerns with respect to the future complexion of programs of educa-
tion throughout the Nation and the needs for well-educated personnel
to staff such programs. The report shall indicate the Commissioner's
plans concerning the allocation of Federal assistance under this title
in relation to the plans and programs of other Federal agencies.
(20 U.S.C. 109Th) Enacted June 29, 1967, P.L. 90-35, sec. 2(c). 81 Stat. 83;
amended June 23, 1972, P.L. 92-318, sec. 451, 86 Stat. 344.
ATTRACTING QUALIFIED PERSONS TO THE FIELD OF EDUCATION
SEC. 504. (a) The Commissioner is authorized to make grants to,
or contracts with, State or local educational agencies. institutions
of higher education, or other public or nonprofit agencies~ organiza-
tions, or institutions, and he is authorized to enter into contracts with
private agencies, institutions, or organizations when he, after consul-
tation with the National Advisory Council on Education Professions
Development, considers such contract will make an especially sigiiifi-
cant contribution to attaining the objectives of this section, for the
purpose of-
(1) identifying capable youth in secondary schools who may
be interested in careers in education and encouraging them to
pursue postsecondary education in preparation for such careers;
(2) publicizing available opportunities for careers in the field
of education;
(3) encouraging qualified persons to enter or reenter the field
of education; or
(4) encouraging artists, craftsmen; artisans~ scientists, and
persons from other professions and vocations, and homemakers to
undertake teaching or related assignments on a part-time basis
or for temporary periods.
(20 U.S.C. 1091c) Enacted June 29, 1967, P.L. 90-35, sec. 2(c). 81 Stat. 83;
amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 231, 82 Stat. 1039; sec. 504(b)
repealed June 23, 1972, P.L. 92-318, sec. 41(c) (1) (B), 86 Stat. 285.
CONSULTATION
SEC. 505. In the development and review of grant and contract
programs under this title the Commissioner shall consult with the
National Science Foundation and the National Foundation on the
Arts and the Humanities to promote coordinated planning of pro-
grams to train educational personnel.
(20 U.S.C. 1091d) Enacted June 29, 1967, P.L. 90-35, sec. 2(c), 81 Stat. 84.
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TRANSFER OF FUNDS
SEC. 506. In addition to the authority for utilization of other
agencies conferred by section 803(b)' of this Act, funds available to
the Commissioner for grants or contracts under this title shall, with
the approval of the Secretary, be available for transfer to any other
Federal agency for use (in accordance with an interagency agree-
ment) for purposes for which such transferred funds could be other-
wise expended by the Commissioner under the provisions of this
title, and the Commissioner is likewise authorized to accept and ex-
pend funds of any other Federal agency for use under this title.
(20 U.S.C. 1091e) Enacted June 29, 1967, P.L. 90-35, sec. 2(c), 81 Stat. 84.
EXPERTS AND CONSULTANTS
SEC. 507. The Commissioner may employ experts and consultants,
as authorized by section 3109 of title 5, United States Code, to advise
him with respect to the making of grants and contracts and the ap-
proving of programs under this title. Experts and consultants em-
ployed pursuant to this section may be compensated while so employed
at rates not in excess of $100 per day (or, if higher, the rate specified
at the time of such service for grade GS-18 in section 5332 of title 5,
United States Code), including traveitime, a.nd, while so serving away
from their homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the Govern-
ment service employed intermittently.
(20 U.S.C. 1091f) Enacted June 29, 1967, P.L. 90-35, sec. 2(c), 81 Stat. 84.
LIMITATION
SEC. 508. Nothing contained in this title shall be construed to au-
thorize the making of any payment under this title for religious wor-
ship or instruction or training for a religious vocation or to teach
theological subjects.
(20 U.S.C. 1092) Enacted Nov. 8, 1965, P.L. 89-239, Title V, sec. 502, 79 Stat.
1255; redesignated and amended June 29, 1967, P.L. 90-35, secs. 2(b), 7, 81 Stat.
82, 93.
SHORT TITLE
SEC. 509. This title may be cited as the "Education Professions De-
velopment Act".
Enacted June 29, 1967, P.L. 90-35, sec. 8, 81 Stat. 93.
PART B-ATTRACTING AND QUALIFYING TEACHERS
Subpart 1-Teacher Corps
STATEMENT OF PURPOSE AND AUTHORIzATION OF APPROPRIATIONS
SEC. 511. The purpose of this subpart is to strengthen the educa-
tional opportunities available to children in areas having concentra~
1 Sec. 803, which was see. 1203, was repealed by P.L. 91-230 and replaced by sec. 421 (b)
of the General Education Provisions Act (20 U.S.C. 1231(b)).
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tions of low-income families and to encourage colleges and universities
to broaden their programs of teacher preparation and to encourage
institutions of higher education and local educational agencies to im-
prove programs of training and retraining for teachers and teacher
aides by-
(1) attracting and training qualified teachers who will be made
available to local educational agencies for teaching in such areas;
(2) attracting and training inexperienced teacher-interns who
will be made available for teaching and inservice training to local
educational agencies in such areas in teams led by an experienced
teacher;
(3) attracting volunteers to serve as part-time tutors or full-
time instructional assistants in programs carried out by local
educational agencies and institutions of higher education serving
such areas;
(4) attracting and training educational personnel to provide
relevant remedial, basic, and secondary educational training, in-
cluding literacy and communications skills, for juvenile delin-
quents, youth offenders, and adult criminal offenders;
(5) supporting demonstration projects -for retaining experi-
enced teachers and teacher aides serving in loca.l educational
agencies. -
(20 U.S.C.- 1101) Enacted Nov. 8, 1965, P.L. 89-329, Title IT, see. 511, 79 Stat.
-- 1255; amended June 29, 1967, P.L. 90-35, sec. 3(b), 81 Stat. 85; amended Oct. 16,
- 1968, P.L. 90-575, Title II, sec. 231, 82 Stat. 1039; amended Apr11 13, 1970, P.L.
91-230, sec. 804(b) (1) (2), 84 Stat. 190; and further amended Apr11 13, 1970,
P.L. 91-230, sec. 805(a), 84 Stat. 191; sec. 511(b) repealed June 23, 1972; P.L.
92-318, sec. 141(c) (1) (C), 86 Stat. 285; amended August 21, 1974, P.L. 93-380,
sec. 835(a) (1), 88 Stat. 605.
ESTABLISHMENT OF TEACHER CORPS
SEC.. 512. In order to carry out the purposes of this subpart, there is
hereby established in the Office of Education a -Teacher Corps. The
- Teacher- Corps shall be headed by a Director who shall be compensated
- - at the rate prescribed for grade 17 of the General Schedule of the
-- - Classification - Act of 1949, and a Deputy Director who shall be corn-
- pensated at the rate prescribed for grade 16 of such General Schedule.
The Director and the Deputy Director shall perform such duties as are
delegated to them by the Commissioner;.except that (1) the Commiss-
sioner may delegate his functions under this subpart only to the Di-
rector, and (2) the Director and Deputy Director shall not be given
any --function authorized by law other than that granted by this
subpart.
(20U.S.C. 1102) Enacted Nov. 8, 1965, P.L. 89-329. Title V. sec. 512, 79 Stat.
1255; amended June 29, 1967, P.L. 90-35, sec. 3(a), (3), (4), 81 Stat.; amended
- June-23, 1972, P.L. 92-318, sec. 142, 85 Stat. 286.
TEACHER CORPS PRO(RAM
SEC. 513. (a) For the purpose of carrying out this subpart, the Com-
missioner is authorized to- -
(1) enter into contracts or other arrangements with institu-
tions of higher education or local educational agencies under
which they will reOruit, select, and enroll in the Teacher Corps
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363
for periods of up to two years, experienced teachers, teacher
aides, persons who have a bachelor's degree or its equivalent, and
persons who have successfully completed two years of a program
for which credit is given toward a baccalaureate degree and, for
such periods as the Commission may prescribe by regulation,
persons who volunteer to serve as part-time tutors or full-time
instructional assistant;
(2) enter into arrangements, through grants or contracts, with
institutions of higher education or local educational agencies
(upon approval in either case by the appropriate State educa-
tional agency) or with State educational agencies to provide mem-
bers of the Teacher Corps with such training as the Commissioner
may deem appropriate to carry out the purpose of this subpart,
including not more than three months of training for members
before they undertake their teaching duties under this subpart;
(3) enter into arrangements (including the payment of the
cost of such arrangements) with local educational agencies upon
approval by the appropriate State educational agency and, after
consultation in appropriate cases with institutions of higher edu-
cation, to furnish to local educational agencies, for service during
~egular or summer sessions, or both, in the schools of such agencies
in areas having concentrations of children from low-income fam-
ilies, teaching teams, each of which shall consist of an experienced
teacher and a number of teacher-interns who, in addition to teach-
ing duties, shall be afforded time by the local educational agency
for a teacher-intern training program carried out under the
guidance of an experienced teacher in cooperation with an insti-
tution of higher education;
(4) pay to local educational agencies such part of the amount
of the compensation which such agencies pay to or on behalf of
members of the Teacher Corps assigned to them pursuant to
arrangements made pursuant to the preceding clause as may be
agreed upon after consideration of their ability to pay such com-
pensation, but not in excess of 90 per centum thereof, except that,
in exceptional cases, the Commissioner may provide more than
90 per centum of such compensation during the first year of any
agency's participation in the program;
(5) enter into contracts or other arrangements with local edu-
cational agencies or institutions of higher education, upon ap-
proval by the appropriate State educational agency, under which
provisions (including payment of the cost of such arrangements)
will be made (A) to carry out programs serving disadvantaged
areas in which volunteers (including high school and college
students) serve as part-time tutors or full-time instructional as-
sistants in teams with other Teacher Corps members, under the
guidance of experienced teachers, but not in excess of 90 per
centurn of the cost of compensation for such tutors and instruc-
tional assistants may be paid from Federal funds, and (B) to
provide appropriate training to prepare tutors and instructional
assistants for service in such programs;
(6) enter into arrangements, through grants or contracts, with
State and local educational agei~cies, and with institutions of
higher education, and such other agencies or institutions ap-
PAGENO="0374"
364
proved by the Commissioner according to criteria which shall be
established by him to carry out the purposes of this paragraph,
under which provisions (including payments of the cost of such
arrangements) will be made to furnish to such agencies members
of the Teacher Corps to carry out projects designed to meet the
special educational needs of juvenile delinquents, youth offenders,
and adult criminal offenders, and persons who have been deter-
mined by a State or local educational agency, court of law, law
enforcement agency, or any other State or local public agency to
be predelinquent juveniles, but not in excess of 90 per centurn
of the cost of compensation for Teacher Corps members serving
in such projects may be paid from Federal funds;
(7) make available technical assistance to local educational
agencies and institutions of higher education for carrying out
arrangements entered into under clause (1);
(8) acquaint qualified persons of teaching opportunities and
needs in disadvantaged areas and encourage qualified persons to
apply to appropriate educational agencies or institutions for
enrollment in the Teacher Corps; and
(9) accept and employ in the furtherance of the purposes of
this subpart (A) voluntary and uncompensated services notwith-
standing the provisions of section 3679 (b) of the Revised Statutes,
as amended (31 U.S.C. 665(b)), and (B) any money or property
(real, personal, or mixed, tangible or intangible) received by gift,
device, bequest, or otherwise.
(b) Arrangements with .institutions of higher education to provide
training for teacher-interns while teaching in schools for local educa-
tional agencies under the provisions of this subpart shall provide,
wherever possible, for training leading to an appropriate degree.
(c) (1) Whenever the Commissioner determines that the demand for
the services of members of the Teacher Corps exceeds the number
available, he shall, to the extent practicable, allocate the number of
members of the Teacher Corps who are available among the States in
accordance with paragraph (2).
(2) Not to exceed 5 per centum of the number of members of the
Teacher Corps who are available shall be allocated to Puerto Rico, the
Virgin Islands, Guam, American Samoa and the Trust Territory of
the Pacific Islands and not to exceed 5 per centurn of such members
shall be allocated to the elementary and secondary schools operated
for Indian children by the Department of Interior. according to their
respective needs. The remainder of such number of Teacher Corps
members shall be allocated among the States so that the number of
members available to any State shall bear the same ratio to the number
being allocated as the number of children enrolled in the public and
private elementary and secondary schools of that State bears to the
total number of children so enrolled in such schools in all of the States.
The number of children so enrolled shall be determined by t.he Com-
missioner on the basis of the most recent satisfactory data available
to him. For purposes of this subsection~ the term "State" shall not in-
cludePuerto Rico, the Virgin Islands, Guam, American Samoa. or the
Trust Territory of the Pacific Islands.
(3) If the Commissioner determines that a State will not require
the number of Teacher Corps members allocated to it under paragraph
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365
(2), he shall, from time to time, reallot the number not required, on
such dates as lie may fix, to other States in proportion to the original
allocation to such States under paragraph (2), but with such propor-
tionate number for any of such other States being reduced to the extent
it exceeds the number the Commissioner determines such State needs
and will be able to use for such year; and the total of such reductions
shall be similarly reallocated among the States whose proportionate
numbers were not so reduced.
(d) A local educational agency may utilize members of the Teacher
Corps assigned to it in providing, in the manner described in section
205(a) (2) of Public Law 874, Eighty-first Congress, as amended, ed-
ucational services in which children enrolled in Private elementary
and secondary schools can participate.
(20 U.S.C. 1103) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 513, 79 Stat.
1256; amended June 29, 1967, P.L. 90-35, sec. 9(a), (c), (f), 81 Stat. 85, 86; sec.
513(c) (2) amended Apr. 13, 1970, P.L. 91-230, sec. 803, 84 Stat. 190; sec. 513(a)
amended Apr. 13, 1970, P.L. 91-230, sec. 804(c), 84 Stat. 190; and further
amended Apr. 13, 1970, P.L. 91-230, sec. 805(b), 84 Stat. 191; amended August
21, 1974, P.L. 93-380, sec. 835(a) (2), 88 Stat. 605.
COMPENSATION
SEC. 514. (a) An arrangement made with a local educational agency
pursuant to paragraph (3) of section 513(a), or arrangement with a
local educational agency or institution of higher education pursuant
to paragraph (5) of section 513(a), or an arrangement with any agency
pursuant to paragraph (6) of section 513(a), shall provide for com-
pensation by such agency of Teacher Corps member during the period
of their assignment to it at the following rates:
(1) an experienced teacher who is leading a teaching team shall
be compensated at a rate agreed to by such agency and the Com-
missioner;
(2) a teacher intern shall be compensated at such rates as the
Commissioner may determine to be consistent with the nature of
the program and with prevailing practices under comparable fed-
erally supported programs or local projects, not to exceed $150
per week plus $15 per week for each dependent; and
(3) tutors and instructional assistants shall be compensated at
such rates as the Commissioner may determine to be consistent
with prevailing practices under comparable federally supported
work-study programs.
(b) For any period of training under this part the Commissioner
shall pay to members of the Teacher Corps such stipends (including
allowances for subsistence and other expenses for such members and
their dependents) as he may determine to be consistent with prevailing
practices under comparable federally supported training programs.
(c) The Commissioner shall pay the necessary travel expenses of
members of the Teacher Corps and their dependents and necessary
expenses for the transportation of the household goods and personal
effects of such members and their dependents, and such other necessary
expenses of members as are directly related to their services in the
Corps, including reaclj ustment allowances proportionate to service.
(d) The Commissioner is authorized to make. such arrangements as
may be possible, including the payment of any costs incident thereto,
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to protect the tenure, retirement rights, participation in a medical
insurance program, and such other similar employee benefits as the
Commissioner deems appropriate, of a member of the Teacher Corps
who participates in any program under this subpart and who indicates
his intention to return to the local educational agency or institution
of higher education by which he was employed immediately prior to
his service under this subpart.
(e) The Commissioner is authorized to provide medical (including
hospitalization) insurance for members of the Teacher Corps who do
not otherwise obtain such insurance coverage either under an arrange-
ment made pursuant to subsection (d) of this section or as an incident
of an arrangement between the Commissioner and an institution or a
State or local educational agency pursuant to section 513.
(20 U.S.C. 1104) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 514. 79 Stat.
1257; amended June 29, 1967, P.L. 90-35, sec. 3(a), (g), 81 Stat. 85, 86; amended
Oct. 16, 1968, P.L. 90-575, Title II, sec. 232, 82 Stat. 1039; amended Apr. 13, 1970,
P.L. 91-230, sec. 804, 84 Stat. 191, and further amended Apr. 13, 1970, P.L.
91-230, sec. 805, 84 Stat. 192; amended Aug. 21, 1974. P.L. 93-380, sec. 835
(a) (4), 88 Stat. 60&
APPLICATION OF PROVISIONS OF FEDERAL LAW
SEC. 515. (a) Except as otherwise specifically provided in this sec-
tion, a member of the Teacher Corps shall be deemed not to be a
Federal employee and shall not be subject to the provisions of laws
relating to Federal employment, including those relating to hours
of work, rates of compensation, leave, unemployment compensation,
and Federal employee benefits.
(N0TE.-Subsection (b) was repealed by P.L. 90-83.)
(c) Such members shall be deemed to be employees of the Govern-
ment for the purposes of the Federal tort claims provisions of title 28,
United States Code.
(d) Members of the Teachers Corps shall not be eligible to receive
payment of a student loan under title II of the National Defense
Education Act of 1958 or of an educational opportunity grant under
title IV of this Act.
(20 U.S.C. 1105) Enacted Nov. 8, 1965, P.L. 89-329, Title V. sec. 515, 79 Stat.
1257; amended June 29, 1907, P.L. 90-35, sec. 3(h). 81 Stat. 87; amended
Sept. 11, 1967, P.L. 90-83, sec. 10(b), 81 Stat. 223.
LOCAL CONTROL PRESERVED
SEC. 516. Members of the Teacher Corps shall be under the direct
supervision of the appropriate officials of the local educational agen-
cies to which they are assigned. Except as otherwise provided in
clause (3) of section 513 (a), such agencies shall retain the authority
to-
(1) assign such members within their systems;
(2) make transfers within their systems:
(3) determine the subject matter to be taught;
(4) determine the terms and continuance of the assignment of
such members within their systems.
(20 U.S.C. 1106) Enacted Nov. 8, 1965, P.L. 89-329, Title V. sec. 516, 79 Stat.
1258.
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MAINTENANCE OF EFFORT
SEC. 517. No member of the Teacher Corps shall be furnished to
any local educational agency under the provisions of this subpart if
such agency will use such member to replace any teacher who is or
would otherwise be employed by such agency.
(20 U.S.C. 1107) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 517, 79 Stat.
1258.
TEACHING CHILDREN OF MIGRATORY AGRICUUflJRAL WORKERS
SEC. 517A. For purposes of this part the term "local educational
agency" includes any State educational agency or other public or pri-
vate nonprofit agency which provides a program or project designed
to meet the special educational needs of migratory children of migra-
tory agricultural workers, and any reference in this part to (1) teach-
ing in the schools of a local educational agency includes teaching in
any such program or project and (2) "migratory children of migratory
agricultural workers" shall be deemed to continue to refer to such
children for a period, not in excess of five years, during which they
reside in the area served by the local educational agency.
(20 U.S.C. 1107a) Enacted June 29, 1967, P.L. 90-35, sec. 3(i), 81 Stat. 87.
Subpart 2-Attracting and Qualifying Teachers To Meet Critical
Teacher Shortages
PROGRAM AUTHORIZED
SEC. 518. The Commissioner shall carry out a program for making
grants to States to enable them to support the efforts of local communi-
ties experiencing critical teacher shortages, or the efforts of State
educational agencies, (1) to attract to teaching persons in the com-
munity who have been otherwise engaged and to provide them, through
short-term intensive training programs and subsequent in-service
training, with the qualifications necessary for a successful career in
te~iching, (2) to obtain the services of teacher aides and provide them
with the necessary training with a view to increasing the effectiveness
of classroom teachers, (3) to encourage volunteers (including high
school and college students) for service as part-time tutors or full-time
instructional assistants for educationally disadvantaged children, (4)
to compensate such tutors and instructional assistants at such rates as
the Commissioner may determine to be consistent with prevailing
practices under comparable federally supported work-study pro-
grams, and (5) to provide necessary training to teachers to enable
them to teach other grades or other subjects in which such agencies
have a teacher shortage.
(20 U.S.C. 1108) Enacted June 29, 1967, P.L. 90-35, see. 4, 81 Stat. 87;
amended Oct. 16, 1968, P.L. 90-575, Title II, sees. 231, 233, 82 Stat. 1039; sec.
518(b) repealed June 23, 1972, P.L. 92-318, see. 141(c) (1) (D), 86 Stat. 285;
amended further by sec. 141 (c) (2) (A), P.L. 92-318, 86 Stat. 285; amended fur-
ther by sec. 143 (a) (1), P.L. 92-318, 86 Stat. 286.
ALLOTMENT TO STATES
SEC. 519. (a) From the amount available for grants under this sub-
part for any fiscal year the Commissioner shall reserve such amount,
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but not in excess of 3 per centum thereof, as lie may determine and shall
allot such amount among Puerto Rico, Guam, American Samoa, the
Virgin Islands, the Canal Zone, and the Trust Territory of the Pacific
Islands according to their respective needs for assistance under this
subpart. From the remainder of such sums, the Commissioner shall
apportion $100,000 to each State, and shall then apportion to each
State such part of the amount remaining which bears the. same ratio to
the total of such amount as the number of children enrolled in the pub-
lie and private elementary and secondary schools of that State bears to
the total number of children so enrolled in such schools in all of the
States. The number of children so enrolled shall be determined by the
Commissioner on the basis of the most recent satisfactory data avail-
able to him. For purposes of this subsection, the term "State" shall not
include the. Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Canal Zone, and the Trust Territory of the
Pacific Islands.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be re-
quired for such fiscal year shall be available for reallotment from time
to time, on such dates during such year as the Commissioner may fix,
to other States in proportion to the original allotments to such States
under subsection (a) for that year but with such proportionate amount
for any of such other States being reduced to the extent it exceeds
the sum the Commissioner estimates such State needs and will be able
to use for such year; and the total~ of such reductions shall be simi-
larly reallotted among the States whose proportionate amounts were
not so reduced. Any amounts reallotted to a. State under this sub-
section during a year from funds appropriated pursuant to section
519 shall be deemed part of its allotment under subsection (a) for
such year.
(20 U.S.C. 1109) Enacted June 29, 1967, P.L. 90-35, sec. 4. 81 Stat. 88: amended
Oct. 16, 1968, P.L. 90-575, Title I, see. 234, 82 Stat. 1039; sec. 519 (a) amended
June 23, 1972, P.L. 92-318, sec. 141(c) (2) (B), 86 Stat. 285.
STATE PLANS
SEc. 520. (a) Any State which desires to receive grants under this
subpart shall submit to the Commissioner, through its State educa-
tional agency, a State plan, in such detail as the Commissioner deems
necessary, which-
(1) designates the State educational agency as the sole State
agency for administration of the State plan;
(2) sets forth a program under which funds paid to the State
from its allotment under section 519 will be expended solely for
(A) programs of local educational agencies or of the Sta.te cdii-
cational agency, or both, to attract to teaching, persons in the
community who have been otherwise engaged and to provide
short-term intensive training and subsequent in-service training
to qualify such persons for teaching~ (B) programs of such
agencies to obtain the services of teacher aides and to provide
them with the preservice or in-service training they need to
perform their duties as teacher aides. (C) programs of such agen-
cies to employ high school and college shidents as tutors or in-
structional assistants for educationally disadvantaged children,
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(D) programs of such agencies to compensate such tutors and in-
structional assistants at such rates as the Commissioner may de-
termine to be consistent with prevailing practices under compar-
able federally supported work-study programs, (E) programs
of such agencies to provide necessary training to teachers to en-
able them to teach other grades or other subjects in which such
agencies have a teacher shortage, and (F) administration of the
State plan, except that the amount used for administration of
the State plan for any fiscal year shall not exceed an amount equal
to 5 per centum of the amount paid to the State under this sub-
part for that year or $20,000, whichever is greater;
(3) with respect to so much of the State program as is to be
carried out by local educational agencies, (A) provides assurance
that every local educational agency whose application for funds
under the plan is denied will be given an opportunity for a fair
hearing before the State educational agency and (B) sets forth
the policies and procedures to be followed in allocating Federal
funds to local educational agencies in the State, which policies
and procedures shall insure that such funds will be allocated to
local educational agencies having the most urgent need for teach-
ers and teacher aides or for the retraining of teachers;
(4) provides that training under a program described in para-
graph (2) (A) will be provided only to persons who will, upon
completion of their short-term training have the qualifications
for teaching in elementary or secondary schools in the community,
and that training under a program described in paragraph (2) (B)
will be provided only to persons who show promise of being
able with appropriate training to serve competently as a teacher
aide;
(5) provides assurance that no person will be denied admission
to training programs carried on under this subpart because he is
teaching or is preparing to teach or serve as a teacher aide in a
private school;
(6) sets forth policies and procedures designed to assure that
Federal funds made available under this subpart for any fiscal
year will be so used as to supplement, and not supplant, funds
which are available from State or local sources for purposes for
which grants may be made under this subpart;
(7) sets forth such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of, and
accounting for, Federal funds paid to the State (including any
such funds paid by the State to any other public agency) under
this subpart; and
(8) provides for making such reports, in such form and con-
taining such information, as the Commission may reasonably
require to carry out his functions under this subpart, and for
keeping such records and for affording such access thereto as
the Commissioner may find necessary to assure the correctness
and verification of such reports.
(b) The Commissioner shall approve any State plan and any modi-
fication thereof which complies with the provisions of subsection (a).
(20 U.S.C. 1110) Enacted June 29, 1967, P.L. 90-35, sec. 4, 81 Stat. 88; amended
Oct. 16, 1968, P.L. 90-575, Title II, sec. 233, 82 Stat. 1039; amended June 23,
1972, P.L. 92-318, sees. 143(a) (2) and (3), 144(a), 145 (a) and 146(a), 86 Stat.
286, 287.
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PAYMENTS TO STATES
SEC. 520A. From the amounts allotted to each State under section
519 the Commissioner shall pay to that State all amount equal to the
amount expended by the State in carrying out its State plan. Such pay-
ments may be made in installments and in advance or by way of reim-
bursement, with necessary adjustments on account of overpayments or
underpayments.
(20 U.S.C. lllOa) Enacted June 29, 1967, P.L. 90-35, sec. 4, 81 Stat. 89.
ADMINISTRATION OF STATE PLANS
SEC. 520B. (a) The Commissioner shall not finally disapprove any
State plan submitted under this subpart or any modification thereof,
without first affording the State educational agency reasonable notice
and opportunity for a hearing.
(b) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to such State agency finds-
(1) that the State plan has been so changed that it no longer
complies with the provisions of section 520 (a), or
(2) that in the administration of the plan there is a failure to
comply substantially with any such provisions,
the Commissioner shall notify such State agency that the State will
not be regarded as eligible to participate in the program under this
subpart until he is satisfied that there is no longer any such failure to
comply.
(20 U.S.C. illOb) Enacted June 29, 1967, P.L. 90-35, sec. 4, 81 Stat. 89.
JIJDICIAL REVIEW
SEC. 520C. (a) If any State is dissatisfied with the Commissioner's
final action with respect to the approval of its State plan submitted
under section 520 (a) or with his final action under section 5'20B (b),
such State may, within sixty days after notice of such action, file with
the United States court of appeals for the circuit in which such State
is located a petition for review of that action. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the Commis-
sioner. The Commissioner thereupon shall file in the court the record
of the proceedings on which he based his action, as provided in section
2112 of title 28, United States Code.
(b) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of the further proceedings. Such new or modi-
fied findings of ~fact shall likewise be conclusive if supported by sub-
stantial evidence.
(e) The court shall have jurisdiction to affirm the action of the Corn-
missioner or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by- the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
(20 U.S.C. lilOc) Enacted June 29, 1967, P.L. 90-35, sec. 4, 81 Stat. 90.
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PART C-FELLOWShIPS FOR TEACI-IERS AND RELATED EDTJCATIONAL
PERSONNEL
STATEMENT OF PURPOSE
SEc. 521. The Congress hereby declares it to be the policy of the
United States to improve the quality of education offered by the
schools of the Nation by improving thern quality of the education of
persons who are pursuing or who plan to pursue a career in elementary
i~nd secondary education or postsecondary vocational education. The
purpose of this part is to carry out this policy by awarding fellowships
for graduate study at institutions of higher education and by develop-
ing or strengthening programs for the education of teachers and
related educational personnel in institutions of higher education. For
the purposes of this part the term "elementary and secondary educa-
tion" includes preschool and adult and vocational education, and the
term "career in elementary and secondary education or postsecondary
vocational education" means a career of teaching in elementary or
secondary schools (including teaching in preschool and adult and
vocational education programs, and including teaching children of
limited English-speaking ability) or in postsecondary vocational
schools, a career of teaching, guiding, or supervising such teachers or
persons who plan to become such teachers, a career in the administra-
tion of such schools or a career in fields which are directly related to
teaching in such schools, such as library science, school nursing, school
social work, guidance and counseling, educational media (including
educational and instructional television and radio), child develop-
ment, and special education for handicapped children; and for gifted
and talented children.
(20 U.S.C. 1111) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 521, 79 Stat.
1258; amended June 29, 1967, P.L. 90-35, sec. 5(b), 81 Stat. 90; amended Jan. 2,
1968, P.L. 90-247, Title VII, sec. 704(a), 81 Stat. 820; amended Oct. 16, 1968,
P.L. 90-575, Title II, sec. 235, 82 Stat. 1040; amended Apr. 13, 1970, 91-230,
sec. 806(a), 84 Stat. 192; amended June 23, 1972, P.L. 92-318, sec. 146A, 86 Stat.
287.
FELLOWSHIPS AUTHORIZED
SEC. 522. The Commissioner is authoriZed to award fellowships in
accordance with the provisions of this part for graduate study lead-
ing to an advanced degree for persons who are pursuing or plan ~o
pursue a career in elementary and secondary education or postsecond-
ary vocational education.
(20 U.S.C. 1112) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 522, 79 Stat.
1258; amended June 29, 1967, P.L. 90-35, sec. 5(b), 81 Stat. 91; amended Jan. 2,
1968, P.L. 90-247, Title VII, sec. 704 (b), 81 Stat. 820.
ALLOCATION OF FELLOWSHIPS
SEC. 523. The Commissioner shall allocate fellowships under this
part to institutions of higher education with programs approved
under the provisions of section 524(a) of this title for the use of indi-
viduals accepted into such programs, in such manner and according
to such plan as will most nearly-
(1) provide an equitable distribution of such fellowships
throughout the States, taking into account such factors as the
number of children in each State who are aged three to seventeen
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and the undergraduate student enrollment in institutions of
higher education in each State, except that to the extent that the
National Advisory Council on Education Professions Develop-
ment determines that an urgent need for a certain category of
educational personnel is unlikely to be met without preference in
favor of such a category over other categories of educational per-
sonnel, the Commissioner may give preference to programs de-
signed to meet that need, but in no case shall such preferred pro-
grams constitute more than 50 per centum of the total number
of fellowships awarded in any fiscal year, and
(2) encourage experienced teachers in elementary or secondary
schools or postsecondary vocational schools and other experienced
personnel in elementary or secondary education or postsecondary
vocational education to enter graduate programs, attract recent
college graduates to pursue a career in elementary and secondary
education or postsecondary vocational education, and afford op-
portunities for college graduates engaged in other occupations or
activities to pursue or return to a career in elementary and second-
ary education or postsecondary vocational education.
(20 U.S.C. 1113) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 523. 79 Stat.
1259; amended June 29, 1967, P.L. 90-35, sec. 5(d), 81 Stat. 91; amended Oct. 16,
1968, P.L. 90-575, Title II, sec. 236, 82 Stat. 1040.
APPROVAL OF PROGRAMS; GRANTS
SEC. 524. (a) The Commissioner shall approve a graduate program
of an institution of higher education only upon application by the in-
stitution and only upon his finding-
(1) that such program will substantially further the objective
of improving the quality of education of persons who are pursu-
ing or intend to pursue a career in elementary and secondary
education or postsecondary vocational education,
(2) that such program gives emphasis to high-quality sub-
stantive courses,
(3) that such program is of high quality and either is in effect
or readily attainable, and
(4) that only persons who demonstrate a serious intent to pur-
sue or to continue a career in elementary and secondary education
or postsecondary vocational education will be accepted for study
in the program.
For the purpose of obtaining an appropriate geographical dis-
tribution of high-quality programs for the training of personnel for
elementary or secondary education, the Commissioner is authorized to
make grants to and contracts with institutions of higher education to
pay part of the cost of developing or strengthening graduate programs
which meet or, as a result of the assistance received under this subsec-
tion will be enabled to meet, the requirements of subsection (a.).
(20 U.S.C. 1114) Enacted Nov. 8, 1965, P.11. 89-329, Title V, sec. 524. 79 Stat.
1259; amended June 29, 1967, P.L. 90-35, sec. 5(e), 81 Stat. 91; amended Oct. 16,
1968, Title II, sec. 237, 82 Stat. 1040.
ST~ENDS
SEC. 525. (a) The Commissioner shall pay to persons awarded fel-
lowships under this part such stipends (including such allowances for
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subsistence and other expenses for such persons and their dependents)
as he may determine to be consistent with prevailing practices under
(b) The Commissioner shall (in addition to the stipends paid to per-
SOilS under subsection (a)) pay to the institution of higher education
at which such person is pursuing his course of study such amount as
the Commissioner may determine to be consistent with prevailing
practices under comparable federally supported programs.
(20 U.S.C. 1115) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 525, 79 Stat.
1260; amended June 29, 1967, P.L. 90-35, sec. 5(f), 81 Stat. 91; amended Oct 16,
1968, P.L. 90-575, Title II, sec. 238, 82 Stat. 1040; sec. 515(b) amended June 23,
1972, P.L. 92-318, sec. 141(c) (3), 86 Stat. 285.
LIMITATION
SEC. 526. No fellowship shall be awarded under this part for study
at a school or department of divinity.
(20 U.S.C. 1116) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 526, 79 Stat.
1260; amended June 23, 1972, P.L. 92-318, sec. 131(d) (2), 86 Stat. 260.
FELLOWSHIP CONDITIONS
SEC. 527. A person awarded a fellowship under the provisions of
this part shall continue to receive the payments provided in section
525 (a) only during such periods as the Commissioner finds that he is
maintaining satisfactory proficiency and devoting full time to study
or research in the field in which such followship was awarded in an
institution of higher education, and is not engaging in gainful employ-
ment other than such part-time employment in teaching, research, or
similar activities related to his training as has been approved by the
Commissioner.
(20 u.S.C. 1117) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 527, 79 Stat.
1260.
NorE.-Sec. 528 was repealed by sec. 141 (c) (1) (E), (P.L. 92-318).
PART D-IMPROVING TRAINING OPPORTUNITIES FOR PERSONNEL SERVING
IN PROGRAMS OF EDUCATION OTHER THAN HIIGIIER EDUCATION
ADVANCED TRAINING AND RETRAINING
SEC. 531. (a) The Commissioner is authorized to make grants to, or
contracts with, institutions of higher education and State educational
agencies, and to make grants to, or contracts with, local educational
agencies if, after consultation with the State educational agency, such
State agency is satisfied that the program or project will be coordi-
nated with programs carried on under part B, for carrying out pro-
grams or projects to improve the qualifications of persons who are
serving or preparing to serve in educational programs in elementary
and secondary schools (including preschool and adult and vocational
education programs) or postsecondary vocational schools or to super-
vise or train persons so serving.
(b) Programs or projects under this section may include, among
others-
(1) programs or projects to train or retrain teachers, or super-
visors or trainers of teachers, in any subject generally taught in
the schools;
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(2) progra~ns or projects to train or retrain other educational
personnel in such fields as guidance and counseling (including
occupational counseling), school social work, child psychology.
remedial speech and reading, child development, and educational
media (including educational or instructional television or radio)
(3) programs or projects to train teacher aides and other non-
professional educational personnel;
(4) programs or projects to provide training and preparation
for persons participating in educational programs for children of
preschool age;
(5) programs or projects to prepare teachers and other edu-
cational personnel to meet the special needs of the socially, cul-
turally, and economically disadvantaged;
(6) programs or projects to prepare teachers and other edu-
cational personnel to meet the special needs of exceptionally gifted
students;
(7) programs or projects to train or retrain persons engaging
in programs of special education for the handicapped;
(8) programs or projects to train or retrain persons engaging
in special educational programs for children of limited English-
speaking ability;
(9) programs or projects to provide in-service and other train-
ing and preparation for school administrators;
(10) programs or projects to prepare artists, craftsmen, scien-
tists, artisans, or persons from other professions or vocations, or
homemakers to teach or otherwise assist in programs or projects
of education on a long-term, short-term or part-time basis.
(11) programs or projects (including cooperative arrange-
ments or consortia between institutions of higher education, junior
and community colleges, or between such institutions and State
or local educational agencies and nonprofit education associations)
for the improvement of undergraduate programs for preparing
educational personnel, including design, development and evalua-
tion of exemplary undergraduate training programs, introduc-
tion of high quality and more effective curricula and curricular
materials, and the provision of increased opportunities for prac-
tical teaching experience for prospective teachers in elementary
and secondary schools; and
(12) programs and projects designed to meet the need for the
training of teachers for participation in education programs for
migratory children of migratory agricultural workers, including
teacher exchange programs.
(c) Grants or contracts under this section may provide for use of
funds received thereunder only to pay the cost of-
(1) short-term or regular-session institutes;
(2) other preservice and in-service training programs or proj-
ects designed to improve the qualifications of persons entering and
reentering the field of elementary and secondary education or
postsecondary vocational education. except that funds may not be
used for seminars, symposia, workshops or conferences unless
these are part of a continuing program of in-service or preservice
training;
(3) projects or programs to improve undergraduate or other
programs for training educational personnel; or
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(4) such activities as may be necessary to carry out the pur-
poses of clause (12) of subsection (b), to the extent that such
activities are not inconsistent with the other provisions of this
part.
(d) The Commissioner may include in the terms of any grant or
contract under this section provisions authorizing the payment, to
persons participating in training programs supported under this sec-
tion, of such stipends (including allowances for subsistence and other
expenses for such persons and their dependents as he may determine,
which shall be consistent with prevailing practices under comparable
federally supported programs.
(20 U.S.C. 1119) Enacted June 29, 1967, PU. 90-35, sec. 6, 81 Stat. 91; amended
June 23, 1972, P.L. 92-318, sec. 147 (a) (1) and (2), 86 Stat. 287; further amended
by sec. 148(a), P.L. 92-318, 8 Stat. 287.
TEACHERS FOR INDIAN CHILDREN
SEC. 532. Of the sums made available for the purposes of this part,
not less than 5 per centum shall be used for grants to, and contracts
with, institutions of higher education and other public and private
nonprofit agencies and organizations for the purpose of preparing
persons to serve as teachers of children living on reservations serviced
by elementary and secondary schools for Indian children operated or
supported by the Department of the Interior, including public and
private schools operated by Indian tribes and by nonprofit institutions
and organizations of Indian tribes. In carrying out the provisions of
this section preference shall be given to the training of Indians.
(20 U.S.C. 1119a) Enacted June 23, 1972, P.L. 92-318, sec. 451(b), 86 Stat. 344.
DISTRIBUTION OF TRAINING PROGRAMS
SEC. 533. In making grants and contracts for programs and proj-
ects under this part, the Commissioner shall seek to achieve an equita-
ble geographical distribution of training opportunities throughout the
Nation, taking into account the number of children in each State who
are aged three to seventeen.
(20 U.S.C. 1119a-1) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 239, 82
Stat. 1040-1041.
PART E-TRAINING PROGRAMS FOR HIGHER EDUCATION PERSONNEL
PROGRAMS AND PROJECTS
SEC. 541. (a) The Commissioner is authorized to make grants to,
or contracts with, institutions of higher education to assist them in
training persons who are serving or preparing to serve as teachers,
administrators, or educational specialists in institutions of higher
education.
(b) Grants or contracts under this section may provide for use
of funds received thereunder only to assist in covering the cost of
courses of training or study (including short-term or regular-session
institutes and other preservice and in-service training programs) for
such persons, and for establishing and maintaining fellowships or
traineeships, except that funds may not be used for fellowships which
are eligible for support under title IV of the National Defense Educa-
44-078 0 - 75 - 25
PAGENO="0386"
376.
tion Act of 1958, or for seminars, conferences, symposia, and work-
shops unless these are part of a continuing program of in-service or
preservice training.
(c) The Commissioner may make a grant to or enter into a. con-
tract with an institution of higher education only upon application
by the institution and only uj~on his finding that' such program will
substantially improve educational opportunities throughout the Na-
tion for training for persons who have or are preparing to undertake
teaching or administrative responsibilities in institutions of higher
education or the responsibilities of an educational specialist in such
institution.
(20 U.S.C. 111Db) Enacted June 29, 1967, P.L. 90-35, sec. 6, 81 Stat. 93.
STIPENDS
SEC. 542. The Commissioner may include in the terms of any ar-
rangement with an institution of higher education under this part
provisions authorizing the payment, to persons participating in train-
ing programs supported under this part, of such stipends (including
allowances for subsistence and other expenses for such persons and
their dependents) as lie may determine, which shall be consistent with
prevailing practices under comparable federally supported programs.
(20 U.S.C. 1119b-1) Enacted June 29, 1967, P.L. 90-35, sec. 6, 81 Stat. 93.
(NoTE-Sec. 543 was repealed by sec. 141 (c) (1) (G), P.L. 92-318.)
PART F-TRAINING AND DEVELOPMENT PROGRAMS FOR XOCATIOXAL
EDUCATIONAL PERSONNEL
STATEMENT OF PURPOSE
SEC. 551. It is the purpose of this part to provide opportunities for
experienced vocational educators to spend full-time iii advanced study
of vocational education for a period not to exceed three years in
length; to provide opportunities to update the occupational com-
petencies of vocational education teachers through exchanges of per-
sonnel between vocational education programs and commercial, in-
dustrial, or other public or private employment related to the sub]ect
matter of vocational education; and to provide programs of inservice
teacher education and short-term institutes for vocational education
personnel.
(20 U.S.C. hiDe) Enacted Oct. 16, 1968, P.L. 90-575. Title II, sec. 201, 82 Stat.
1091.
LEADERSHIP DEVELOPMENT AWARDS
SEC. 552. (a) In order to meet the needs in all the States for quali-
fied vocational educa.tion personnel (such as ac1mimstrators~ super-
visors, teacher educators, researchers, and instructors in vocational
education programs) the Commissioner shall make available leader-
ship development awards in accordance with the provisions of this
part only upon his determination that-
(A) persons selected for awards have had not less than two
years of experience in vocational education or in industrial train-
ing, or military technical training; or, in the case of researchers,
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experience in social science research which is applicable to voca-
tional education; or
(B) persons receiving such awards are currently employed or
are reasonably assured of employment in vocational education
and have successfully completed, as a minimum, a baccalaureate
degree program; or
(C) persons selected are recommended by their employer, or
others, as having leadership potential in the field of vocational
education and are eligible for admission as a graduate student to
a program of higher education approved by the Commissioner
under subsection (c).
(b) (1) The Commissioner shall pay to persons selected for leader-
ship development awards such stipends (including such allowances
for subsistence and other expenses for such person and their depend-
ents) as he may determine to be consistent with prevailing practices
under comparable federally supported programs.
(2) The Commissioner shall, in addition to the stipends paid to
persons under paragraph (1), pay to the institution of higher educa-
tion at which such person is pursuing his course of study such amount
as the Commissioner may determine to be consistent with the prevail-
ing practices under comparable federally supported programs not to
exceed the equivalent of $3,500 per academic year, but any amount
charged such person for tuition and nonrefundable fees and deposits
shall be deducted from the amount payable to the institution of higher
education under this subsection.
(c) The Commissioner shall approve the vocational education lead-
ership development program of an institution of higher education by
the institution only upon finding that-
(1) the institution offers a comprehensive program in voca-
tional education with adequate supporting services and disciplines
such as education administration, guidance and counseling re-
search, and curriculum development;
(2) such program is designed to further substantially the ob-
jective of improving vocational education through providing
opportunities for graduate training and vocational education
teachers, supervisors, and administrators, and of university level
vocational education teacher educators and researchers;
(3) such programs are conducted by a school of graduate study
in the institution of higher education; and
(4) such program is also approved by the State board for voca-
tional education in the State where the institution is located.
(d) In order to meet the needs for qualified vocational education
personnel such as teachers, administrators, supervisors, and teacher
educators, in vocational education programs in all the States, the
Commissioner in carrying out this section shall apportion leadership
development awards equitably among the States, taking into account
such factors as the State's vocational education enrollments, and the
incidence of youth unemployment and school dropouts in the State.
(e) Persons receiving leadership awards under the provisions of
this section shall continue to receive the payments provided in sub-
section (b) only during such periods as the Commissioner finds that
they are maintaining satisfactory proficiency in, and devoting essen-
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tially full time to, study or research in the field of vocational educa-
tion in an institution of higher education, and are not engaging in
gainful employment, other than part-time employment by such insti-
tution in teaching, research, or similar activities, approved by the
Commissioner.
(20 U.S.C. 1119c-1) Enacted Oct. 16, 1968, P.L. 90-575, Title II, see. 201, 82
Stat. 1092, 1093.
EXCHANGE PROGRAMS, INSTITUTES, AND IN-SERVICE EDUCATION FOR
VOCATIONAL-EDUCATION TEACHERS, SUPERVISORS, COORDINATORS, AND
ADMINISTRATORS
SEC. 553. (a) The Commissioner is authorized to make grants to
State boards, as defined in the Vocational Education Act of 1963, to
pay the cost of carrying out cooperative arrangements for the train-
ing or retraining of experienced vocational education personnel such
as teachers, teacher educators, administrators, supervisors, and coordi-
nators, and other personnel, in order to strengthen education programs
supported by this part and the administration of schools offering voca-
tional education. Such cooperative arrangements may he between
schools offering vocational education and private business or industry,
commercial enterprises, or with other educational institutions (includ-
ing those for the handicapped and delinquent).
(b) C-rants under this section may be used for projects and activi-
ties such aS-
(1) exchange of vocational education teachers and other staff
members with skilled technicians or supervisors in industry (in-
cluding mutual arrangements for preserving employment and
retirement status, and other employment benefits during the period
of exchange), and the development and operation of cooperative
programs involving periods of teaching in schools providing voca-
tional education and of experience in conirnercial. industrial, or
other public or private employment related to the subject matter
taught in such school;
(2) in-service training programs for vocational education
teachers and other staff members to improve the quality of instruc-
tion, supervision, and administration of vocational education
programs; and
(3) short-term or regular-session institutes, or other preservice
and in-service training programs or projects designed to improve
the qualifications of persons entering and reentering the field of
vocational education, except that funds may not be used for semi-
nars, symposia, workshops or conferences unless these are part of
a continuing program of in-service or preservice training.
(c) A grant may be made under this section only upon application
to the Commissioner at such time or times and containing such infor-
mation as he deems necessary. The Commissioner shall not approve an
application unless it-
(1) sets forth a program for carrying out one or more projects
or activities which meet the requirements of subsection (b), and
provides for such methods of administration as are necessary for
the proper and efficient operation of the program:
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(2) sets forth policies and procedures which assure that Fed-
eral funds made available under this section for any fiscal year
will be so used as to supplement and, to the extent practicable,
increase the level of funds that would, in the absence of such Fed-
eral funds, be made available for purposes which meet the require-
ments of subsection (b), and in no case supplant such funds;
(3) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under this
section; and
(4) provides for making such reports, in such form and con-
taining such information, as the Commissioner may require to
carry out his functions under this section, and for keeping such
records and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
(20 U.S.C. 1119c-2) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 201, 82
Stat. 1093, 1094.
FAMILIARIZING TEACHERS WITH NEW CURRICULAR MATERIALS
SEC. 554. In approving training and development programs for
vocational education personnel, the Commissioner shall give special
consideration to programs which are designed to familiarize teachers
with new curricular materials in vocational education.
(20 U.S.C. 1119c-3) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 201, 82
Stat. 1094.
TITLE VT-FINANCIAL ASSISTANCE FOR THE IMPROVE-
MENT OF UNDERGRADUATE INSTRUCTION
PART A-EQUIPMENT
STATEMENT OF PURPOSE AND AUTHORIZATION OF APPROPRIATIONS
SEC. 601. (a) The purpose of this part is to improve the quality of
classroom instruction in selected subject areas in institutions of higher
education.
(b) There are hereby authorized to be appropriated $35,000,000 for
the fiscal year ending June 30, 1966, $50,000,000 for the fiscal year
ending June 30, 1967, $60,000,000 for the fiscal year ending June 30,
1968, $13,000,000 for the fiscal year ending June 30, 1969, and $60,-
000,000 for each of the succeeding fiscal years ending prior to July 1,
1975, to enable the Commissioner to make grants to institutions of
higher education and combinations of institutions of higher education
pursuant to this part for the acquisition of equipment and for minor
remodeling described in section 603(2) (A).
(c) There are also authorized to be appropriated $2,500,000 for the
fiscal year ending June 30, 1966, $10,000,000 for the fiscal year ending
June 30, 1967, and for the succeeding fiscal year, $1,500,000 for the
fiscal year ending June 30, 1969, and $10,000,000 for each of the suc-
ceeding fiscal years ending prior to July 1, 1975, to enable the Corn-
missior~er to make grants to institutions of higher education and corn-
PAGENO="0390"
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binations of institutions of higher education pursuant to this part for
the acquisition of television equipment and for minor remodeling de-
scribed in section 603(2) (B).
(20 U.S.C. 1121) Enacted Nov. 8, 1965, P.L. 80-329, Title VI. sec. 601, 79 Stat.
1261; amended Nov. 3, 1966, P.L. 89-752, sec. 3(b), 80 Stat. 1241; amended
Oct 16, 1968, P.L. 90-575, Title II, sec. 241, 242, 82 Stat. 1041; amended June 23,
1972, P.L. 92-318, sec. 151(a), 86 Stat. 288.
ALLOTMENTS TO STATES
SEC. 602. (a) (1) Of the funds appropriated pursuant to subsec-
tions (b) and (c) of section 601 for any fiscal year one-half shall be
allotted by the Commissioner among the. States so that the allotment
to each State will be an amount which bears the same ratio to such
one-half as the number of students enrolled in institutions of higher
education in such State bears to the total number of students enrolled
in such institutions in all the States; and the remaining one-half shall
be allotted by him among the States in accordance with paragraph (2)
of this subsection. For the purposes of this subsection, (A) the num-
ber of students enrolled in institutions of higher education shall be
deemed to be equal to the sum of (i) the number of ful-time students
and (ii) the full-time equivalent of the number of part-time students
as determined by the Commissioner in accordance with regulations;
and (B) determinations as to enrollment shall be made by the Corn-
missioner on the basis of data for the most recent. year for which
satisfactory data with respect to such enrollment are available to him.
(2) For the purpose of this paragraph the Commissioner shall allot
to each State for each fiscal year an amount which bears the same
ratio to the funds being allotted pursuant to this paragraph as the
product of-
(A) the number of students enrolled in institutions of higher
education in such State, and
(B) the State's allotment ratio.
bears to the sum of the corresponding products for all the. States.
For the purposes of this paragraph the allotment ratio for any State
shall be 1.00 less the product of (i) 0.50 and (ii) the quotient obtained
by dividing the income per person for the State by the income per
person for all the States (not including Puerto Rico, the Virgin
Islands, American Samao, and Guam), except that the allotment
ratio shall in no case be less than 0.331/3 or more than 0.66%, and the
allotment ratio for Puerto Rico, the Virgin Islands. American Samoa,
and Guam Shall be 0.662/3. The allotment ratios shall be promulgated
by the Commissioner as soon as possible after enactment of this Act,
and annually thereafter, on the basis of the average of the incomes per
person of the States and of all the States for the three most recent
consecutive calendar years for which satisfactory data. are available
from the Department of Commerce.
(b) (1) A State allotment under subsection (a) from funds appro-
priated pursuant to section 601 (b) shall be available in accordance
with the provisions of this part for payment of the Federal share
(as determined under section 604) of the cost of equipment and minor
remodeling described in section 602(2) (A).
(2) A State's allotment under subsection (a) from funds appro-
priated pursuant to section 601(c) shall be available in accordance
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with the provisions of this part for payment of the Federal share (as
determined under section 604) of the cost of television equipment and
minor remodeling described in section 603(2) (B).
(c) Sums allotted to a State for the fiscal year ending June 30, 1966,
shall remain available for reservation as provided in section 606 until
the close of the next fiscal year, in addition to the sums allotted to such
State for such next fiscal year. Sums allotted to a State for the fiscal
year ending June 30, 1967, or for any succeeding fiscal year, which are
not reserved as provided in section 606 by the close of the fiscal year
for which they are allotted, shall be reallotted by the Commissioner,
on the basis of such factors as he determines to be equitable and rea-
sonable, among the States which, as determined by the Commissioner,
are able to use without delay any amounts so reallotted. Amounts re-
allotted under this subsection shall be available for reservation until
the close of the fiscal year next succeeding the fiscal year for which
they were originally allotted.
(20 1IJ.S.C. 1122) Enacted Nov. 8, 1065, P.L. 80-320, Title VI, sec. 602, 70 Stat.
1261.
STATE COMMISSIONS AND PLANS
SEC. 603. Any State desiring to participate in the program under
this part shall designate for that purpose an existing State agency
which is broadly representative of the public and of institutions of
higher education in the State, or, if no such State agency exists, shall
establish such a State agency, and submit to the Commissioner through
the agency so designated or established (hereafter in this part referred
to as the "State commission"), a State plan for such participation.
The Commissioner shall approve any such plan which-
(1) provides that it shall be administered by the State
commission;
(2) set forth, consistently with basic criteria prescribed by
regulation pursuant to section 604, objective standards and meth-
ods (A) for determining the relative priorities of eligible projects
for the acquisition of laboratory and other special equipment
(other than supplies consumed in use), including audiovisual ma-
terials and equipment for classrooms or audiovisual centers, and
printed and published materials (other than textbooks) for class-
rooms or libraries, suitable for use in providing education in sci-
ence, mathematics, foreign languages, history, geography, gov-
ernment, English, other humanities, the arts, or education at the
undergraduate ]evel in institutions of higher education, and minor
remodeling of classroom or other space used for such materials or
equipment; (B) for determining relative priorities of eligible
projects for (i) the acquisition of television equipment for closed-
circuit direct instruction in such fields in such institutions (in-
cluding equipment for fixed service instructional television, as
defined by the Federal Communications Commission, but not in-
cluding broadcast transmission equipment), (ii) the acquisition
of necessary instructional materials for use in such television
instruction, and (iii) minor remodeling necessary for such tele-
vision equipment; and (C) for determining the Federal share of
the cost of each such project;
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(3) provides (A) for assigning priorities solely on the basis of
such criteria, standards, and methods to eligible projects sub-
mitted to the State commission and deemed by it to be otherwise
approvable under the provisions of this part: and (B) for ap-
nroving and recommending to the CommissionerS in the order of
such priority, applications covering such eligible projects. and for
certifying to the Commissioner the Federal share. determined by
the State commission under the State plan, of the cost of the
project involved;
(4) provides for affording to every applicant, which has sub-
mitted to the State commission a project, an opportunity for a
fair hearing before the commission as to the priority assigned to
such project or as to any other determination of the commission
adversely affecting such applicant; and
(5) provides (A) for such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the State commission
under this part, and (B) for the making of such reports, in such
form and containing such information, as may be reasonably
necessary to enable the Commissioner to perform his functions
under this part.
(20 U.S.C. 1123) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 603, 7~
Stat. 1262.
BASIC CRITERIA FOR DETERMINING PRIORITIES, FEDERAL SHARE.
AND MAINTENANCE OF EFFORT
SEC. 604. (a) As soon as practicable after the enactment of this Act
the Commissioner shall by regulation prescribe basic criteria to which
the provisions of State plans setting forth standards and methods for
determining relative priorities of elegible projects, and the application
of such standards and methods to such projects under such plans, shall
be subject. Such basic criteria (1) shall be such as will best tend to
achieve the objectives of this part while leaving opportunity and flexi-
bility for the development of State plans standards and methods that
will best accommodate the varied needs of institutions in the several
States, and (2) shall give special consideration to the financial need
of the institution or combination of institutions of higher education.
Subject to the foregoing requirernents~ such regulations mar establish
additional and appropriate basic criteria, including provision for
considering the degree to which applicants are effectively utilizing
existing facilities and equipment, provision for allowing St.ate plai~s
to group or provide for grouping, in a reasonable manner. facilities or
institutions according to function il or ed ucational type for priority
purposes, and, in view of the national obj~tives of this Act. provision
for considering the degree to which the institution serves students
from two or more States or from outside the Tjnited States: and in no
event shall an institution's reaclin~ss to admit such out-of-State stu-
dents be considered as a priority TF tetor adverse to such institution.
(b) The Federal share for the purposes of this ~part shall not exceed
50 per centum of the cost of the proiect. except that. a State commis-
sion may increase such share to not exceed 80 per centiim of such
cost in the ease of any institution or combination of institutiolls of
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383
higher education providing insufficient resources to participate in the
program under this part and inability to acquire such resources. An
institution of higher education shall be eligible for a grant for a proj-
ect pursuant to this part in any fiscal year oniy if such institution will
expend from current funds for instructional and library purposes,
other than personnel costs, during such fiscal year an amount not less
than the amount expended by such institution from current funds for
such purposes during the previous fiscal year. A combination of insti-
tutions of higher education shall be eligible for such a grant in accord-
ance with regulations of the Commissioner prescribing requirements
foi maintenance of effort. The Commissioner shall establish basic cri-
teria for making determinations under this subsection.
(20 U.S.C. 1124) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 604, 79 Stat.
1263; amended Nov. 3, 1966, P.L. 89-752, sec. 14, 80 Stat. 1244; amended Oct. 16,
1968, P.L. 90-575, Title ii, sec. 242, 82 Stat. 1041.
APPLICATIONS FOR GRANTS AND CONDITIONS FOR APPROVAL
SEC. 605. (a) Institutions of higher education and combinations of
institutions of higher education which desire to obtain grants under
this part shall submit applications therefor at such time or times and
in such manner as may be prescribed by the Commissioner, and such
applications shall contain such information as may be required by or
pursuant to regulation for the purpose of enabling the Commissioner to
make the determinations required to be made by him under this part.
(b) The Commissioner shall approve an application covering a
project under this part and meeting the requirements prescribed pur-
suant to subsection (a) if-
(1) the project has been approved and recommended by the
appropriate State commission;
(2) the State commission has certified to the Commissioner, in
accordance with the State plan, the Federal share of the cost of
the project, and sufficient funds to pay such Federal share are
available from the applicable allotment of the State (including
any applicable reallotment to the State);
(3) the project has, pursuant to the State plan, been assigned
a priority that is higher than that of all other projects within
such State (chargeable to the same allotment) which meet all the
requirements of this section (other than this clause) and for which
Federal funds have not been reserved;
(4) the Commissioner determines that the project will be under-
taken in an economical manner and will not be overly elaborate
or extravagant; and
(5) the Commissioner determines that the application contains
or is supported by satisfactory assurances-
(A) that Federal funds received by the applicant will be
used solely for defraying the cost of the project covered by
such application,
(B) that sufficient funds will be available to meet the non-
Federal portion of such cost and to provide for the effective
use of the equipment upon completion, and
(C) that the applicant will meet the maintenance of effort
requirement in section 604(b).
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384
(c) Amendments of applications shall, except as the Commissioner
may otherwise provide by or pursuant to regulation, be sub]ect to
approval in the same manner as original applications.
(20 U.S.C. 1125) Enacted Nov. 8, 1965, P.L. 89-329, Title VI. sec. 605, `19 Stat.
1264; amended Oct. 16, 1908; P.L. 90-575, Title II, sec. 242, S2 Stat. 1041.
AMOUNT OF GRANT-PAYMENT
SEC. 606. Upon his approval of any application for a. grant under
this part, the Commissioner shall reserve from the applicable allot-
ment (including any applicable reallotment) available therefor, the
amount of such grant, which (subject to the limits of such allotment
or reallotment) shall be equal to the Federal share of the cost of the
project covered by such application. The Commissioner shall pay such
reserved amount, in advance or by way of reimbursement, and in
such installments as he may determine. The Commissioner's reserva-
tion of any amount under this section may be amended by him, either
upon approval of an amendment of the application covering such proj-
ect or upon revision of the estimated cost of a project with respect to
which such reservation was made, and in the event of an upward
revision of such estimated cost approved by him he may reserve the
Federal share of the added cost only from the applicable. allotment (or
reallotment) available at the time of such approval.
(20 U.S.C. 1126) Enacted Nov. 8, 1065, P.L. 89-329, Title VI, sec. 606, 79 Stat.
1265.
ADMINISTRATION OF STATE PLANS
SEC. 607. (a) The Commissioner shall not finally disapprove any
State plan submitted under this part, or any modification thereof,
without first affording the State commission submitting the plan rea-
sonable notice and opportunity for a hearing.
(b) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to the State commission administering a State plali
approved under this part, finds-
(1) that the State plan has been so changed that it no longer
complies with the provisions of section 603, or
(2) that in the administration of the plan there is a failure to
comply substantially with any such provision~
the Commissioner shall notify such State commission that the State
will not be regarded as eligible to participate in the program under
this part until he is satisfied that there is iio longer any such failure
to comply.
(20 U.S.C. 1127) Enacted Nov. 8, 1065, P.L. 89-329, Title VI sec. 607 79 Stat.
1265.
JUDICIAL REVIEW
SEC. 608. (a) If any State is dissatified with the Commissioner's
final action with respect to the approval of its State plan submitted
under this part or with his final action under section 601. such State
may appeal to the 1 nited States court of appeals for the circuit in
which such State is located. The summons and notice of appeal may
be served at any place in the United States. The Commissioner shall
forthwith certify and file in the court the transcript of the proceedings
and the record on which he based his action.
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385
(b) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further
evidence, and the Commissioner may thereupon make new or modified
findings of fact and may modify previous action, and shall certify
to the court the transcript and record of the further proceedings.
Such new or modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
(c) The court shall have jurisdiction to affirm the action of the
Commissioner or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in title 28, United
States Code, section 1254.
(20 IJ.S.O. 1128) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 608, 79 Stat.
1265.
LIMITATION ON PAYMENTS
SEC. 609. No grant may be made under this part for equipment or
materials to be used for sectarian instruction or religious worship, or
primarily in connection with any part of the program of a school or
department of divinity.
(20 U.S.C. 1129) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 609, 79 Stat.
1206; amended June 23, 1972, P.L. 92-318, sec. 131(d) (2), 86 Stat. 260.
CONSULTATION
SEC. 610. So as to promote the coordination of Federal programs
providing assistance in the purchase of laboratory or other special
equipment for education in the natural or physical sciences, the Com-
missioner shall consult with the National Science Foundation and
other agencies in developing general policy, under this title, in respect
thereof.
(20 U.S.C. 1129a) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 243, 82
Stat. 1041.
PART B-DEVELOPMENT PROGRAMS
INSTITUTES AUTHORIZED
SEC. 621. (a) There are authorized to be appropriated $5,000,000 for
the fiscal year ending June 30, 1966, and for each of the two succeed-
ing fiscal years, to enable the Commissioner to arrange, through grants
or contracts, with institutions of higher education for the operation by
them of short-term workshops or short-term or regular-session insti-
tutes for individuals (1) who are engaged in, or preparing to engage
in, the use of educational media equipment in teaching in institutions
of higher education, or (2) who are, or preparing to be, in institu-
tions of higher education, specialists in educational media or librar-
ians or other specialists using such media.
(b) For the fiscal year ending June 30, 1969, and for the succeeding
fiscal year, there may be appropriated for the purposes of this part,
only such sums as the Congress may hereafter authorize by law.
(20 U.S.C. 1131) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 621, 79 Stat.
1265.
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STIPENDS
SEC. 622. Each individual who attends an institute operated under
the provisions of this part shall be eligible (after application therefor)
to receive a stipend at the rate of $75 per week for the period of his
attendance at such institute and each such individual with one or more
dependents shall receive an additional stipend at the rate of $15 per
week for each dependent. No stipends shall be paid for attendance at
workshops.
(20 U.S.C. 1132) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 622, 79 Stat.
1266.
TITLE Vu-CONSTRUCTION OF ACADEMIC FACILITIES'
PART A-GRANTS FOR THE COXSTRUC"nON OF LNDERGRADIJATE
ACADEMIC FACILrPIEs
AUTHORIZATION OF APPROPRIATIONS
SEC. 701. (a) The Commissioner shall carry out a program of grants
to institutions of higher education for the construction of academic
facilities ill accordance with this part.
(b) For the purpose of making grants under this part, there are
hereby authorized to be. appropriated $50~000,000. for the fiscal year
ending June 30, 1972, $200,000,000 for the fiscal year ending Jlrne 30,
1973, and $300,000,000 for each of the fiscal years ending June 30, 1974,
and June 30, 1975.
(c) Of the sums appropriated pursuant to section 701 (b), 24 per
centurn shall be reserved by the Commissioner and allotted among the
States under section 702. The remainder of such sums shall be available
for allotment a.mong the States under section 703.
(20 U.S.C. 1132a) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 288.
PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITCTES
SEC. 702. (a) Sums reserved pursuant to the first sentence of section
701(c) shall be available for allotments to States for providing aca-
demic facilities for public community colleges and public technical
institutes.
(b) From the sums available for any fiscal year for the purposes
of this section, the Commissioner shall allot to each State an amount
which bears the same ratio to such sums as the product of-
(1) the number of high school graduates of the State, and
(2) the State's allotment ratio,
bears to the sum of the corresponding products for all the States. The
amount allotted to any State under the preceding sentence for any
fiscal year which is less than $50,000 shall be increased to $50.000~ the
total of increases thereby required being derived by proportionately
reducing the amount allotted to each of tile remaining States under
the preceding sentence, but with such adjustments as may be necessary
1 This authority contains provisions previously authorized by the Higher Education
Facilities Act of 1963. Sec. 161(b) (1) of P.L. 92-318 provides as follows:
`(b) (1) The programs authorized by title VII of the Higher Education Act of 1965 shall
be deemed to be a continuation of the comparable programs authorized by the Higher
Education Facilities Act of 1963."
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to prevent the allotment of any such remaining States from being
thereby reduced to less than $50,000.
(c) (1)1 From the sums available for any fiscal year for amount
allotted to a State under this section shall be available for the pay-
ment of the Federal share of the development cost of approved proj-
ects for the construction of academic facilities within such State for
public community colleges and public technical institutes.
(2) Any portion of a State's allotment under this section for any
fiscal year for which applications from an institution qualified to
receive grants under this section have not been received prior to
January 1 of such fiscal year by the State Commission created or desig-
nated pursuant to section 1202 shall, if the State Commission so
requests, be available for payment of the Federal share of the devel-
opment cost of approved projects under section 703.
(d) All amounts allotted under this section for any fiscal year which
are not reserved as provided in section 701 (c) by the close of the fiscal
year for which they are allotted shall be reallotted by the Commis-
sioner, on* the basis of such factors as he determines to be equitable
and reasonable, among the States which, as determined by the Commis-
sioner, are able to use without delay any amounts so reallotted for the
purpose set forth in subsection (c) (1). Amounts reallotted under this
subsection shall be available for reservation until the close of the fiscal
year next succeeding the fiscal year for which they were originally
allotted.
(a) For the purposes of clause (2) of subsection (b), 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 income per person for the State
by the income per person for all the States (not including Puerto Rico,
the Virgin Islands, American Samoa, the Trust Territory of the
Pacific Islands, and Guam), except that (i) the allotment ratio shall
in no case be less than 0.331/3 or more than 0.662/3, (ii) the allotment
ratio for Puerto Rico, the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, and Guam shall be 0.662/3, and (iii)
the allotment ratio of any State shall be 0.50 for any fiscal year if
the Commissioner finds that the cost of school construction in such
State exceeds twice the median of such costs in all the States as deter-
mined by him on the basis of statistics and data as the Commissioner
shall deem adequate and appropriate. The allotment ratios shall be
promulgated by the Commissioner as soon as possible after June 30,
1972, and annually thereafter, on the basis of the average of the in-
comes per person of the State and of all the States for the three most
recent consecutive calendar years for which satisfactory data are
available from the Department of Commerce.
(f) For the purpose of this section, the term "high school graduate"
means a person who has received formal recognition (by diploma,
certificate, or similar means) from an approved school for successful
completion of four years of education beyond the first eight years of
schoolwork, or for demonstration of equivalent achievement. For the
purposes of this section the number of high school graduates shall be
limited to the number who graduated in the most recent school year
`Apparent error in P.L. 92-318. This sentence should read: "Except as is provided in
paragraph (2), the amount allotted to a State under this section shall be available for
the payment of the Federal share of *the development cost of approved projects for the
construction of academic facilities within such State for public community colleges and
public technical institutes."
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for which satisfactory data are available from the Department of
Health, Education, and Welfare. The interpretation of the definition
of "high school graduate" shall fall within the authority of the
Commissioner.
(20 U.S.C. 1132a-1) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 288,
289.
INSTITUTIONS OF HIGHER EDUCATION OTHER THAN PUBLIC COM~IUNITY
COLLEGES AND PUBLIC TECHNICAL INSTITUTES
SEC. 703. (a) Sums appropriated pursuant to section 701(b) which
remain after the reservation provided for in the first sentence of sec-
tion 701 (c) for any fiscal year shall be available for allotments to
States for providing academic facilities for institutions of higher ed-
ucation other than institutions eligible for grants under section 702.
(b) Sums available for the purposes of this section for any fiscal
year shall be allotted among the States as follows:
(1) The Commissioner shall allot to each State an amount which
bears the same ratio to 50 per centum of such sums as the number
of students enrolled in institutions of higher education in such
States bears to the number of students so enrolled in all the States;
and
(2) The Commissioner shall allot to each State an amount
which bears the same ratio to 50 per centum of such sums as the
number of students enrolled in grades nine through twelve (both
inclusive) of schools in such State bears to the total number of
students so enrolled in all the States. For the purposes of this
subsection (A) the number of students enrolled in institutions
of higher education shall be deemed to be equal to the sum of
(i) the number of full-time students and (ii) the full-time equiva-
lent of the number of part-time students as determined by the
Commissioner in accordance with regulations; and (B) determi-
nations as to enrollment under either clause (1) or clause (2)
shall be made by the Commissioner on the basis of data for the
most recent year for which satisfactory data with respect to such
enrollment are available to him.
The amount allotted to any State under the preceding sentence for
any fiscal year shall not be less than $50,000.
(c) (1) Any amount allotted to a State umler this section for any
fiscal year shall, except as provided in paragraph (2). he available,
in accordance with the provisions of this title. or payment of the
Federal share of the development cost of approved projects for the
construction of academic facilities within such State for institutions
of higher education which are not eligible for grants under section 702.
(2) Any portion of a State's allotment under this section for any
fiscal year for which applications from an institution qualified to
receive grants under this section have not been received by tile State
Commission prior to January 1 of such fiscal yea.r, shall. if the State
Commission so requests, be available for payment of tile Federal share
of tile developmeut cost of approved projects under section 702.
(d) All amounts allotted under this sectioil for any fiscal year.
which are not reserved by the close of the fiscal year for which they are
allotted, shall be reailotted by the Commissioner, on tile basis of such
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factors as he determines to be equitable and reasonable, among the
States which, as determined by the Commissioner, are able to use
without delay any amounts so reallotted for the purposes of this sec-
tion. Amounts reaflotted under this subsection shall be available for
reservation until the close of the fiscal year next succeeding the fiscal
year for which they were originally allotted.
(20 U.S.C. 1132a-2) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 290.
STATE PLANS
SEC. 704. (a) Any State desiring to participate in the grant pro-
gram authorized by this part for any fiscal year shall submit for that
year to the Commissioner through the State Commission a State plan
for such participation. Such plan shall be submitted at such time, in
such manner, and containing such information as may be necessary to
enable the Commissioner to carry out his functions under this part
and shall-
(1) provide that it shall be administered by the State Com-
mission;
(2) set forth objective standards and methods which are con-
sistent with basic criteria prescribed by regulations pursuant to
section 706, for-
(A) determining the relative priorities of eligible proj-
ects submitted by institutions of higher education within the
State for the construction of academic facilities, and
(B) determining the Federal share of the development
cost of each such project;
(3) provide that the funds apportioned for any fiscal year
under section 702 or 703 shall be used only for the purposes set
forth therein;
(4) provide for-
(A) assigning priorities solely on the basis of such cri-
teria, standards, and methods to eligible projects submitted to
the State Commission and found by it otherwise approvable
under the provisions of this part, and
(B) approving and recommending to the Commissioner,
in the order of such priority, applic~ttions covering such eligi-
ble projects, and for certifying to the Commissioner the Fed-
eral share of the development cost of the project involved;
(5) provide for affording to every applicant which has sub-
mitted a project to the State Commission an opportunity for a
fair hearmg before the State Commission as to the priority
assigned to such project, or as to any other determination of the
State Commission adversely affecting such applicant; and
(6) provide for-
(A) such fiscal control and fund accounting procedures as
may be necessary to assure proper disbursement of, and ac-
counting for, Federal funds paid to the State Commission
under this part, and
(B) making such reports, in such form and containing
such information, as may be reasonably necessary to enable
the Commissioner to perform his functions under this part.
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(b) The Commissioner shall approve any State plan submitted
under this section if he determines that it complies with the provisions
of this section and other appropriate provisions of this title.
(20 U.S.C. 1132a-3) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 290,
291.
ELIGIBILITY FOR GRANTS
SEC. 705. (a) Except as is provided in subsection (b), an institution
of higher education shall be eligible for a grant under this part only if
the State Commission determines, in accordance with criteria pre-
scribed by regulation, that the construction project for which assist-
ance is sought will, either alone or together with other construction
to be undertaken within a reasonable time, result in-
(1) a substantial expansion of, or
(2) in the case of a new institution, the creation of,
urgently needed (A) enrollment capacity, (B) the capacity to provide
health care for students and institutional personnel, or (C) capacity
to carry out extension and continuing education programs on the
campus of such institution.
(b) If the Commissioner determines, in accordance with criteria
established by regulation, that the student enrollment capacity of an
institution of higher education would decrease if an urgently needed
academic facility is not constructed, the construction of such a facility
may be considered, for the purposes of this section, to result in an
expansion of the institution's student enrollment capacity.
(20 U.S.C. 1132a-4) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 291,
292.
BASIC CRITERIA FOR DETERMINING PRIORITIES AND FEDERAL SHARE
SEC. 706. (a) (1) The Commissioner shall, by regulation, prescribe
basic criteria to which the provisions of State plans, setting forth
standards and methods for determining relative priorities of eligible
construction projects, and the application of such standards and meth-
ods to such projects under such plans, shall be subject.
(2) Such basic criteria shall, at least-
(A) be such as will best tend to achieve the objectives of this
part, while leaving opportunity and flexibility to State Cominis-
sions for the development, of State plan standards and methods
that will best accommodate the varied needs of institutions in the
several States;
(B) give special consideration to the expansion of under-
graduate enrollment capacity; and
(C) give consideration to the expansion of capacity to provide
needed health care to students and institutional personnel.
(3) Subject to paragraph (2), such regulations may establish addi-
tional and appropriate basic criteria, including-
(A) provision for considering the degree to which applicant
institutions are effectively utilizing existing facilities;
(B) provision for allowing State plaiis to group. or to allow
grouping, in a reasonable manner, facilities or institutions accord-
ing to functional or educational type for priority purposes; and
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(C) in view of the national objectives of this title, provision
for considering the degree to which applicant institutions serve
students from two or more States or from outside the United
States.
(4) In no event shall such basic criteria permit the readiness of
an institution to admit out-of-State students to be considered as a
priority adverse to such institution.
(b) (1) The Commissioner shall prescribe, by regulation, the base
criteria for determining the Federal share of the development cost 9f
any eligible project under this part within a State, to which criteria
the applicable standards and methods set forth in the State plan for
such State shall conform.
(2) In no case shall such basic criteria permit the Federal Share
to exceed 50 per centum of the development cost of a project.
(c) Section 553 of title 5, United States Code, shall apply to the
prescription of regulations under this section, notwithstanding clause
(2) of subsection (a) thereof.
(20 U.S.C. 1132a-5) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 292.
APPLICATIONS FOR GRANTS; AMOUNT OF GRANTS
SEC. 707. (a) (1) Any institution of higher education which desires
to receive a grant under this part shall submit an application therefor
at such time or times, in such maniier, and containing such information
as the Commissioner shall prescribe by regulation.
(2) The Commissioner shall approve an application for a construc-
tion project under this part if he determines that-
(A) it meets the requirements prescribed under paragraph (1);
(B) the project for which assistance is sought is an eligible
project under section 705;
(C) such project has been submitted through, and been ap-
proved and recommended by, the appropriate State Commission;
(D) such State Commission has certified to the Commissioner,
in accordance with the State plan, the Feedral share of the devel-
opment cost of the project, and sufficient funds to pay such Fed-
eral share are available from the applicable apportionment of the
State;
(F) such project has, pursuant to the State plan, been assigned
a priority that is higher than that assigned to all other projects
within the State which are chargeable to the same apportion-
ment, and meet the requirements of this section, and for which
Federal funds have not yet been reserved;
(F) the construction to be carried out under the application
will be undertaken in a timely and economic manner and will not
be of elaborate or extravagant design or materials;
(G) in the case of a studeiit health care facility, no assistance
will be provided for such facility under title IV of the Housing
Act of 1950; and
(H) the application contains assurances or is supported by
satisfactory assurances-
(i) that the title to the site is in accordance with regula-
tions of the Commissioner relating thereto,
44-078 0 - 75 - 26
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(ii) that Federal funds received by the applicant will be
solely used for defraying the development cost of the project
covered by the application,
(iii) that sufficient funds will be available to meet the non-
Federal portion of such cost and to provide for the effective
use of the academic facility upon completion. and
(iv) that~the facility will be used as an academic facility
for at least the period of the Federal interest therein, as pro-
vided in section 781.
(b) Amendments to applications submitted under this section shall,
except as the Commissioner may otherwise provide by regulations, be
subject to approval in the same maimer as original applications.
(c) (1) Tjpon his approval of any application under this section, the
Commissioner shall reserve from the applicable allotment available
therefor, the amount of such grant, which shall be equal to the Federal
share of the development cost of the project covered by the application.
The Commissioner shall pay such reserved amount, in advance or by
way of reimbursement, and in such instalhnents consistent with con-
struction progress, as he may determine.
(2) Upon approval of an amendment of an application, or revision
of the estimated development cost of a project, for which there has been
a reservation made under paragraph (1), the Commissioner may ad-
just the amount so reserved, accordingly. If an adjustment under the
first sentence of this paragraph results in a greater amount being re-
served, he may reserve the Federal share of the added cost only from
the applicable allotment available at the time of such approval.
(20 U.S.C. 1132a-6) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 29Z
293.
ADMINISTRATION OF STATE PLANS; 1TtDICAL REVIEW
SEc. 708. (a) (1) The Commissioner shall not finally disapprove any
State plan submitted under this part, or any modification thereof,
without first affording the State Commission submitting the plan rea-
sonable notice and opportunity for a hearing.
(2) Whenever the Commissioner, after reasonable notice and op-
portunity for hearing to the State Commission administering a State
plan approved under this part, finds-
(A) that the State plan has been so changed that it no longer
complies with the provisions of section 704, or
(B) that in the administration of the plan there is a failure
to comply substantially with any such provision,
the Commissioner shall notify such State Cormnission thaE the State
will not be regarded as eligible to participate in the program under
this part until he is satisfied that there is no longer such failure to
comply.
(b) (1) If any State is dissatified with the Commissioner's final
action with respect to the approval of its State plan submitted under
section 704, or with his final action under subsection (a), such State
may appeal to the United States court of appeals for the circuit in
which such State is located. The summons and notice of appeal may
be served at any place in the United States. The Commissioner shall
forthwith certify. and file in the court the transcript of the proceedings
and the record on which he based his action.
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(2) The findings of fact by the Commissioner if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the transcript and record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive if sup-
ported by substantial evidence.
(3) The court shall have jurisdiction to affirm the action of the Com-
missioner or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in title 28, United
States Code, section 1254.
(20 U.S.C. 1132a-7) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat, 293,
294.
PART B-GRANTS FOR CONSTRUCTION OF GRADUATE ACADEMIC
FACILITIES
AUTHORIZATION
SEC. 721. (a) The Commissioner shall carry out a program of mak-
ing grants to institutions of higher education to assist them in improv-
ing existing graduate schools and cooperative graduate centers, and in
establishing graduate schools and cooperative graduate centers of ex-
cellence, in order to increase the supply of highly qualified personnel
needed by communities, industries, and governments and for teaching
and research.
(b) For the purpose of making grants under this part, there are
authorized to be appropriated $20,000,000 for the fiscal year ending
June 30, 1972, $40,000,000 for the fiscal year ending June 30, 1973,
$60,000,000 for the fiscal year ending June 30, 1974, and $80,000,000
for the fiscal year ending June 30, 1975.
(20 U.S.C. 1132a-7) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 293,
APPLICATION FOR, AND AMOUNT OF, GRANTS
SEC. 722. (a) (1) Any institution of higher education desiring to
receive a grant under this part shall submit an application therefor at
such time, in such manner, and containing such information as the
Commissioner may require.
(2) In determining whether to approve applications under this
section, the order in which to approve such applications, and the
amount of grants, the Commissioner shall give consideration to the
extent to which the projects for which assistance is sought will con-
tribute toward achieving the objectives of this part, and the extent to
which they will aid in attaining a wider distribution of graduate
schools and cooperative graduate centers throughout the States. In
no case shall the total of the payments from appropriations for any
fiscal year pursuant to section 721 made with respect to projects in
any State exceed an amount equal to 121/2 per centum of such appro-
priations.
(3) For the purposes of this section, the term "institution of higher
education" includes cooperative graduate center boards.
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(b) The Commissioner shall not approve any application under
this section until he has obtained the advice and recommendations of
a panel of specialists who are not regular full-time employees of the
Federal Government and who are competent to evaluate such appli-
cation.
(c) No grant under this part may be in an amount in excess of 50
per centum of the development cost of the project covered by the
application.
(20 U.S.C. 1132b-1) Enacted June 3, 1972, P.L. 92-318, sec. 161, 86 Stat. 294,
295.
PART C-LOANS FOR CoNsmucTIoN OF AcA.DE~nc FACILITES
AUTHORIZATION
SEC. 741. (a) (1) The Commissioner shall carry out a program of
making and insuring loans, in accordance with the provisions of this
part.
(2) The Commissioner is authorized to make loans to institutions
of higher education and to higher education building agencies for the
construction of academic facilities and to insure loans.
(b) For the purpose of making payments into the fund established
* under section .744, there are hereby authorized to be appropriated
$50,000,000 for the fiscal year ending June 30, 1972, $100,000,000 for
the fiscal year ending June 30, 1973, $150,000,000 for the fiscal year
ending June 30, 1974, and $200,000,000 for the fiscal year ending
June 30, 1975. Sums. appropriated pursuant to this subsection for any
fiscal year shall be available without fiscal year limitations.
(20 U.S.C. 1132c) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 295.
ELIGIBiLITY CONDITIONS, AMOUNTS, AND ThRMS OF LOANS
SEC. 742. (a) No loan pursuant to this part shall be made unless the
Commissioner finds...(1) that not less than 20 per centum of the devel-
opment cost of the faculty will be financed from non-Federal sources,
(2) that the applicant is unable to secure the amount of such loan from
other sources upon terms and conditions equally as favorable as the
terms and conditions applicable to loans under this part, (3) that the
construction will be undertaken in an economical manner and that it
will not be of elaborate or extravagant design or materials, and (4)
that, in the case of a project to construct an infirmary or other facility
designed to provide primarily for outpatient care of students and
institutional personnel, no financial assistance will be provided such
project under title IV of the Housing Act of 1950.
(b) A loan pursuant to this part shall be secured in such manner
and shall be repaid within such period not exceeding fifty years, as may
be determined by the Commissioner; and it shall bear interest at (1) a
rate determined by the Commissioner which shall not be less than a per
annum rate that is one-quart.er of 1 percentage point above the average
annual interest rate on all interest-bearing obligations of the United
States forming a part of the public debt as computed at the end of the
preceding fiscal year, adjusted to the nearest one-eighth of 1 per cen-
turn, or (2) the rate of 3 per centum per annum, whichever is the lesser.
(20 U.S.C. 1132c-1) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 295.
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GENERAL PROVISION FOR LOAN PROGRAM
SEC. 743. (a) Financial transactions of the Commissioner under this
part~ except with respect to administrative expenses, shall be final and
conclusive on all officers of the Government and shall not be reviewable
by any court.
(b) In the performance of, and with respect to, the functions, pow-
ers, and duties vested in him by this part, the Commissioner may-
(1) prescribe such rules and regulations as may be flecessary
to carry out the purposes of this part;
(2) sue and be sued in any court of record of a State having
general jurisdiction or in any district court of the United States,
and such district courts shall have jurisdiction of civil actions
arising under this part without regard to the amount in con-
troversy, and any action instituted under this subsection by or
against the Commissioner shall survive notwithstanding any
change in the person occupying the office of the Commissioner or
any vacancy in such office; but no attachment, injunction, garnish-
ment, or other similar process, mesne or final, shall be issued
against the Commissioner or property under his control, and noth-
ing herein shall be construed to except litigation arising out of
activities under this part from the application of sections 507(b)
and 517 and 2679 of title 28, United States Code;
(3) foreclose on any property or commence any action to pro-
tect or enforce any right conferred upon him by any law, contract,
or other agreement, and bid for and purchase at any foreclosure
or any other sale any property in connection with which he has
made a loan pursuant to this part; and, in the event of any such
acquisition (and notwithstanding any other provisions of law re-
lating to the acquisition, handling, or disposal of real property
by the United States), complete, administer, remodel and convert,
dispose of, lease, and otherwise deal with, such property; except
that (1) such action shall not preclude any other action by him
to recover any deficiency in the amounts loaned and (2) any such
acquisition of real property shall not deprive any State or politi-
cal subdivision thereof of its civil or criminal jurisdiction in and
over such property or impair the civil rights under the State or
local laws of the inhabitants on such property;
(4) sell or exchange at public or private sale, or lease, real or
personal property, and sell or exchange any securities or obliga-
tions, upon such terms as he may fix;
(5) subject to the specific limitations in this part, consent to the
modification, with respect to the rate of interest, time of payment
of any installment of principal or interest, security, or any other
term of any contract or agreement to which he is a party or which
has been transferred to him pursuant to this section; and
(6) include in any contract or instrument made pursuant to
this part such other covenants, conditions, or provisions (includ-
ing provisions designed to assure against use of the facility, con-
structed with the aid of a loan under this part, for purposes
described in section 782 (1)), as he may deem necessary to assure
that the purpose of this part will be achieved.
(20 U.S.C. 1132c-2) Enacted June 23, 1072, P.L. 92-318, sec. 161, 86 Stat. 296.
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REVOLVING LOAN FUND AND INSURANCE FUND1
SEc. 744. (a) There is hereby created within the Treasury a sepa-
rate fund for higher education academic facilities loans and loan
insurance (hereafter in this section called the "fund") which shall be
available to the Commissioner without fiscal year limitation as a re-
volving fund for the purposes of making loans and insuring loans
under this part. The total of any loans made from the fund in any
fiscal year shall not exceed limitations specified in appropriation acts.
(b) (1) The Commissioner shall transfer to the fund available ap-
propriations provided under section 741 (b) to provide capital for the
fund. All amounts received by the Commissioner as interest pay-
ments or repayments of principal on loans, and any other moneys,
property, or assets derived by him from his operations in connection
with this part, including any moneys derived directly or indirectly
from the sale of assets, or beneficial interests or participations in assets
of the fund, shall be deposited in the fund.
(2) All loans, expenses, and payments pursuant to operations of
the Commissioner under this part shall be paid from the fund, includ-
ing (but not limited to) expenses and payments of the Commissioner
in connection with sale, under section 302(c) of the Federal National
Mortgage Association Charter Act, of participations in obligations
acquired under this part. From time to time, and at least at the close of
each* fiscal year, the Commissioner shall pay from the fund into the
Treasury as miscellaneous receipts interest on the cumulative amount
of appropriations paid out for loans under this part or available as
capital to the fund, less the average undisbursed cash balance in the
fund during the year. The rate of such interest shall be determined by
the Secretary of the Treasury, taking into consideration the average
market yield during the month preceding each fiscal year on out-
standing Treasury obligations of maturity comparable to the average
maturity of loans made from the fund. Interest payments may be
deferred with the approval of the Secretary of the Treasury. but any
interest payments so deferred shall themselves bear interest. If at any
time the Commissioner determines that moneys in the fund exceed the
present and any reasonably' prospective future' requirements of the
fund, such excess may be transferred to the general fund of the
Treasury.
(20 U.S.C. 1132c-3) Enacted June 23, 1972, P.L. 92-318 sec. 161. 86 Stat. 296,
297.
ANNUAL INTEREST GRANTS
SEC. 745. (a) To assist institutions of higher education and higher
education building agencies to reduce the cost of borrowing from other
1 Sec. 161(b) (4) of P.L. 92-318 provides as follows:
"(4) The revolving fund created by section 744 of the `Higher Education Act of 196o
shall be deemed to be a continuation of the revolving fund created by section 305 of the
Higher Education Facilities Act of 1i~63. Any sums in the fund for higher education
academic facilities created by such section 305 on the date of enactment of this Act shall
be transferred to the fund created by section 744 of the Higher Education Act of 196~,
and all such funds shall be deemed to have been made available for such fund. Notwith-
standing any other provision of law, unless enacted in specific limitation of the provisions
of this sentence, any sums appropriated pursuant to section 303(c) of the Higher Educa-
tion Facilities Act of 19d3 for any fiscal year ending prior to July 1. 1973, which have not
been loaned under title III of that Act of 1963 shall be deemed to have been appropriated
pursuant to section 741 (b) of the Higher Education Act of 1965 for the fiscal year ending
June 30, 1973."
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sources for the construction of academic facilities, the Commissioner
may make annual interest grants to such institutions and agencies.
(b) Annual interest grants to an institution of higher education or
higher education building agency with respect to any academic facility
shall be made over a fixed period not exceeding forty years, and provi-
sion for such grants shall be embodied in a~ contract guaranteeing their
payment over such period. Each such grant shall be in an amount
not greater than the difference between (1) the average annual debt
service which would be required to be paid, during the life of the loan,
on the amount borrowed from other sources for the construction of
such facilities, and (2) the average annual debt service which the
institution would have been required to pay, during the life of the loan,
with respect to such amounts if the applicable interest rate were the
maximum rate specified in section 744(b) (2). The amount on which
such grant is based shall be approved by the Secretary.
(c) (1) There are hereby authorized to be appropriated to the Com-
missioner such sums as may be necessary for the payment of annual
interest grants to institutions of higher education and higher educa-
tion building agencies in accordance with this section.
(2) Contracts for annual interest grants under this section shall not
be entered into in an aggregate amount greater than is authorized in
appropriation Acts; and in any event the total amount of annual
interest grants which may be paid to institutions of higher education
and higher education building agencies in any year pursuant to con-
tracts entered into under this section shall not exceed $5,000,000 which
amount shall be increased by $6,750,000 on July 1, 1969, and by
$13,500,000 on July 1, 1970 and on July 1 of each of the four succeed-
ing years.
(d) Not more than 121/2 per centum of the funds provided for in
this section for grants may be used within any one State.
(e) No annual interest grant pursuant to this section shall be made
unless the Commissioner finds (1) that not less than 10 per centum
of the development costs of the facility will be financed from non-
Federal sources, (2) that the applicant is unable to secure a loan in
the amount of the loan with respect to which the annual interest
grant is to be made, from the other sources upon terms and conditions
equally as favorable as the terms and conditions applicable to loans
under this title, and (3) that the construction will be undertaken in
an economical manner and that it will not be of elaborate or extrava-
gant design or materials. For purposes of this section, a loan with re-
spect to which an interest grant is made under this section shall not
be considered financing from a non-Federal source. For purposes of the
other provisions of this title, such a loan shall be considered financing
from a non-Federal source.
(20 U.S.C. 1132c-4) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 297,
298.
ACADEMIC FACILITIES LOAN INSURANCE
SEC. 746. (a) (1) In order to assist nonprofit private institutions of
lugher education and nonprofit private higher education building
agencies to procure loans for the construction of academic facilities,
the Commissioner may insure the payment of interest and principal
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on such loans if such institutions and agencies meet, with respect to
such loans, criteria prescribed by or under section 745 for the making
of annual interest grants under such section.
(2) No loan insurance under paragraph (1) may apply to so much
of the principal amount of any loan as exceeds 90 per centum of the
development cost of the academic facility with respect to which such
loan was made.
(b) (1) The United States shall be entitled to recover from any in-
stitution or agency to which loan insurance has been issued under this
section the amount of any payment made pursuant to that insurance,
unless the Commissioner for good cause waives its right of recovery.
Upon making any such payment, the United States shall be subro-
gated to all of the rights of the recipient of the payment with respect
to which the payment was made.
(2) Any insurance issued by the Commissioner pursuant to sub-
section (a) shall be incontestable in the hands of the institution or
agency on whose behalf such insurance is issued, and as to any
agency, organization, or individual who makes or contracts to make
a loan to such institution or agency, in reliance thereon, except for
fraud or misrepresentation on the part of such institution or agency
or on the part of the agency, organization, or individual who makes
or contracts to make such loan.
(c) Insurance may be issued by the Commissioner under subsec-
tion (a) only if he determines that the terms, conditions, maturity,
security (if any), and schedule and amounts of repayments with re-
spect to the loan are sufficient to protect the financial interests of
the United States and are otherwise reasonable and in accord with
regulations, including a determination that the rate of interest does
not exceed such per centum per annum on the principal obligation out-
standing as the Commissioner determines to be reasonable, taking into
account the range of interest rates prevailing in the private market
for similar loans and the risks assumed by the United States. The
Commissioner may charge a premium for such insurance in an amount
reasonably determined by him to be necessary to cover administrative
expenses and probable losses under subsections (a) and (b). Such
insurance shall be subject to such further terms and conditions as the
Commisioner determines to be necessary.
(20 U.S.C. 1132c-5) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 298,
299.
PART D-A55I5TANCE IN MAJOR DI5As'lIn AREAS
AUTHORIZATION
SEc. 761. (a) The Commissioner shall carry out a program of
financial assistance to public institutions of higher education, in ac-
cordance with the provisions of this part.
(b) There are authorized to be appropriated for each fiscal year
such sums as may be necessary to carry out the provisions of this
part.
(20 U.S.C. 1132d) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 299.
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ASSISTANCE FOR CONSTRUCTION OF ACADEMIC FACILITIES
SEC. 762. (a) If the Director of the Office of Emergency Planning'
determines that a public institution of higher education is, in whole
or in part, within an area which, after June 30, 1971, and before
July 1, 1975, has suffered a disaster which is a major disaster, and if
the Commissioner determines with respect to such institution that-
(1) the academic facilities of such institution have been
destroyed or seriously damaged as a result of the disaster;
(2) such institution is exercising due diligence in availing
itself of State and other financial assistance available for restora-
tion or replacement of such facilities; and
(3) the institution does not have sufficient funds available
from such other sources, including proceeds of insurance on the
facilities, to provide for the restoration or replacement of such
facilities;
the Commissioner is authorized to provide such assistance to such
institution as is provided in subsection (b).
(b) (1) Assistance under this section shall be a grant to an eligible
institution, as determined under subsection (a), of an amount neces-
sary to enable the institution to carry out the construction necessary
to restore or replace the academic facilities determined under clause
(1) of subsection (a) to be damaged or destroyed.
(2) The maximum amount of a grant under this section shall not
exceed the cost of construction incident to the restoration or replace-
ment of the facilities determined to be damaged or destroyed under
clause (1) of subsection (a) less the amount of additional assistance
determined under clause (3) of subsection (a) to be available.
(c) (1) Assistance under this section may include a grant of an
amount necessary to enable the institution to lease, or otherwise obtain
the use of, such facilities as are needed to replace, temporarily,
facilities which have been made unavailable as a result of a major
disaster.
(2) An institution shall be eligible for assistance under this sub-
section if it qualifies for assistance under subsection (a), whether or
not it receives assistance under subsection (b).
(20 U.S.C. 1132d-1) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 299.
EQUIPMENT AND SUPPLIES
SEC. 763. If an institution is eligible for assistance under section
762(a), the Commissioner is authorized, whether or not such institu-
tion receives assistance under section 762 (b), to make a grant to such
institution of not in excess of an amount he determines necessary
to replace equipment, maintenance supplies, and instructional sup-
plies (including books, and curricular and program materials) ds~
stroyed or seriously damaged as a result of the major disaster.
(20 U.S.C. 1132d-2) Enacted June 23, 1972, P.L. 92-318, sec.161, 86 Stat. 300.
`error. Should be Office of Emergency Preparedness.
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REPAYABLE ASSISTANCE IN LIEtT OP A GRANT
SEC. 764. If the Commissioner's determinations under clauses (2)
and (3) of section 762(a) indicate that financial resources will become
available to an institution otherwise qualified for assistance under
section 762 at some future date or dates, he is authorized, subject to
such terms and conditions as may be in the public interest, to extend
assistance to such institution under section 762(b), 762(c), or 763 (or
all such sections) with an agreement with such institution which pro-
vides that the institution will repay part or all of the funds received
by it under this part.
(20 U.S.C. 1132d-3) Enacted June 23, 1972, P.L. 92-318, sec.161, 86 Stat. 300.
APPLICATIONS
SEC. 765. No payment may be made to a public institution of higher
education for academic facilities under section 762 or for assistance
under section 763 unless an application therefor is submitted through
the appropriate State Commission and is filed with the Commissioner
in accordance with regulations prescribed by him. In determining the
order in which such applications shall be approved, the Commissioner
shall consider the relative educational and financial needs of the insti-
tutions which have submitted approvable applications. No payment
may be made under section 762(b) unless the Commissioner ffnds after
consultation with the State Commission, that the project or projects
with respect to which it is made are not inconsistent with overall
State~ plans, submitted under section 704(a), for the construction of
academic facilities. All determinations made by the Commissioner
under this part shall be made only after consultation with the appro-
priate State Commission.
(20 U.S.C. 1132d-4) Enacted June 23, 1972, P.L. 92-318, sec.161, 86 Stat. 300.
DEFINITIONS
SEC. 766. For the purposes of this part-
(1) the term "major disaster" means a disaster determined to be
a major disaster as defined in section 2(a) of the Act of September
30, 1950 (42 U.S.C. 1855a(a)); and
(2) an institution of higher education shall be deemed to be a
"public institution of higher education" if such institution is
found by the Commissioner to be under public supervision and
control.
(20 U.S.C. 1132d-5) Enacted June 23, 1972, P.L. 92-318, see.161, 86 Stat. 300.
PART E-GENERAL
RECOVERY OF PAYMENTS
SEC. 781. (a) The Congress hereby finds and declares that, if a
facility constructed with the aid of a grant or grants under part A or
B of this title is used as an academic facility for twenty years follow-
ing completion of such construction, the public benefit accruing to the
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United States from such use will equal in value the amount of such
grant or grants. The period of twenty years after completion of such
construction shall therefore be deemed to be the period of Federal
interest in such facility for the purposes of this title.
(b) If, within twenty years after completion of construction of an
academic facility which has been constructed in part with a grant or
grants under part A or B of this title-
(1) the applicant (or its successor in title or possession) ceases
or fails to be a public or nonprofit institution, or
(2) the facility ceases to be used as an academic facility, or
the facility is used as a facility excluded from the term "academic
facility", unless the Secretary determmes that there is good cause
for releasing the institution from its obligation,
the United States shall be entitled to recover from such applicant (or
successor) an amount which bears to the then value of the facility (or
so much thereof as constituted an approved project or projects) the
same ratio as the amount of such Federal grant or grants bore to the
development cost of the facility financed with the aid of such grant
or grants. Such value shall be determined by agreement of the parties
or by action brought in the United States district court for the district
in which such facility is situated.
(c) Notwithstanding the provisions of subsections (a) and (b),
no facility constructed with assistance under this title shall ever be
used for religious worship or a sectarian activity or for a school or
department of divinity.
(20 U.S.C. 1132e) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 300,
301.
DEFINITIONS
SEC. 782. The following definitions apply to terms used in this title:
(1) (A) Except as provided in subparagraph (B) of this paragraph,
the term "academic facilities" means structures suitable for use as
classrooms, laboratories, libraries, and related facilities necessary or
appropriate for instruction of students, or for research, or for admin-
istration of the educational or research programs, of an institution of
higher education, and maintenance, storage, or utility facilities essen-
tial to operation of the foregoing facilities. For purposes of parts A,
C, and D, such term includes infirmaries or other facilities designed to
provide primarily for outpatient care of student and instructional
personnel. Plans for such facilities shall be in compliance with such
standards as the Secretary of Health, Education, and Welfare may
prescribe or approve in order to insure that facilities constructed with
the use of Federal funds under this title shall be, to the extent ap-
propriate in view of the uses to be made of the facilities, accessible to
and usable by handicapped persons.
(B) The term "academic facilities" shall not include (i) any facility
intended primarily for events for which admission is to be charged to
the general public, or (ii) any gymnasium or other facility specially
designed for athletic or recreational activities, other than for an
academic course in physical education or where the Commissioner finds
that the physical integration of such facilities with other academic
facilities included under this title is required to carry out the objectives
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of this title, or (iii) any facility used or to be used for sectarian in-
struction or as a place for religious worship, or (iv) any facility which
(although not a facility described in the preceding clause) is~used or
to be used primarily in connection with any part of the program of a
school or department of divinity, or (v) any facility used or to be
used by a school of medicine, school of dentistry, school of osteopathy,
school of pharmacy, school of optometry, school of podiatry, or school
of public health as these terms are defined in section 724 of the Public
Health Service Act, or a school of nusing as defined in section 843 of
that Act.
(2) The term "construction" means (A) erection of newor expansion
of existing structures, and the acquisition and installation of initial
equipment therefor; or (B) acquisition of existing structures not
owned by the institution involved; or (C) rehabilitation, alteration,
conversion or improvement (including the acquisition and installation
of initial equipment, or modernization or replacement of built-in
equipment) of existing structures; or (D) a combination of any two or
more of the foregoing. For the purposes of the preceding sentence, the
term "equipment" includes, in addition to machinery, utilities, and
built-in equipment and any necessary enclosures or structures to house
them, all other items necessary for the functioning of a particular facil-
ity as an academic facility, including necessary furniture, except books,
curricular and program materials, and items of current and operating
expense such as fuel, supplies, and the like; the term "initial equip-
ment" means equipment acquired and installed in connection with con-
struction as defined in paragraph (2) (A) or (B) or, in cases referred
to in paragraph (2) (C), equipment acquired and installed as part of
the rehabilitation, alteration, conversion, or improvement of an exist-
ing structure, which structure would otherwise not be adequate for use
as an academic facility; and the terms "equipment", "initial equip-
ment", and "built-in equipment" shall be more particularly defined by
the Commissioner by regulation. For the purposes of clause (C) in the
first sentence of this paragraph, the term "rehabilitation, alteration,
conversion, or improvement" includes such action as may be necessary
to provide for the architectural needs of, or to remove architectural
barriers to, handicapped persons with a view toward increasing the
accessibility to, and use of, academic facilities by such persons.
(3) (A) The term "development cost," with respect to an academic
facility, means the amount found by the Commissioner to be the cost,
to the applicant for a grant or loan under this title, of the construction
involved and the cost of necessary acquisition of the land on which the
facility is located and of necessary site improvements to permit its use
for such facility. There shall be excluded from the development cost-
(i) in determining the amount of any grant under part A or
B, an amount equal to the sum of (I) any Federal grant which
the institution has obtained or is assured of obtaining, under any
law other than this title, with respect to the construction that is to
be financed with the aid of a grant under part A or B, and (II)
the amount of any non-Federal funds required to be expended as
a condition of such other Federal grant; and
(ii) in determining the amount of any loan under part C, an
amount equal to the amount of any. Federal financial assistance
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which the institution has obtained, or is assured of obtaining,
under any law other than this title, with respect to the construction
that is to be financed with the aid of a loan under part C.
(B) In determining the development cost with respect to an aca-
demic facility, the Commissioner may include expenditures for works
of art for the facility of not to exceed 1 per centum of the total cost
(including such expenditures) to the applicant of construction of, and
land acquisition and site improvements for, such facility.
(4) The term "Federal share" means, except as provided in section
706(b) (2), in the case of any project a percentage (as determined
under the applicable State plan) in excess of 50 percentum of its
development cost.
(5) The term "higher education building agency" means (A) an
agency, public authority, or other instrumentality of a State author-
ized to provide, or finance the construction of, academic facilities for
institutions of higher education (whether or not also authorized to
provide or finance other facilities for such or other educational insti-
tutions, or for their students or faculty), or (B) any corporation
(no part of the net earnings of which inures or may lawfully inure
to the benefit of any private shareholder or individual (I) established
by an institution of higher education for the sole purpose of providing
academic facilities for the use of such institution, and (II) upon
dissolution of which, all title to any property purchased or built from
the proceeds of any loan made under part C will pass to such
institution.
(6) The term "public community college and public technical insti-
tute" means an institution of higher education which is under public
supervision and control, and is organized and administered principally
to provide a two-year program which is acceptable for full credit
toward a bachelor's degree, or a two-year program in engineering,
mathematics, or the physical or biological sciences which is designed
to prepare the student to work as a technician and at a semiprofes-
sional level in engineering, scientific, or other technological fields
which require the understanding and application of basic engineering,
scientific, or mathematical principles or knowledge; and the term in-
cludes a branch of an institution of higher education offering four
or more years of higher education which is located in a community
different from that in which its parent institution is located.
(7) The term "cooperative graduate center" means an institution or
program created by two or more institutions of higher education which
will offer to the students of the participating institutions of higher
education graduate work which could not be offered with the same
proficiency or economy (or both) at the individual institution of
higher education. The center may be located or the program carried
out on the campus of any of the participating institutions or at a
separate location.
(8) The term "cooperative graduate center board" means a duly con-
stituted board established to construct and maintain the cooperative
graduate center and coordinate academic programs. The board shall be
composed of representatives of each of the institutions of higher educa-
tion participating in the center and of the community involved. At
least one-third of the board's members shall be conimunity representa-
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tives. The board shall elect by a majority vote a chairman from among
its membership.
(9) The term "public educational institution" does not include a
school or institution of any agency of the United States.
(10) The term "State" includes in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(20 U.S.C. 1132e-1) Enacted June 23, 1072 P.L. 92-318, sec. 161, 86 Stat. 303.
TITLE Vu-NETWORKS FOR KNOWLEDGE
SHARING EDUCATIONAL AND RELATED RESOURCES
SEc. 801. (a) The Commissioner shall carry out a program of en-
couraging institutions of higher education (including law and other
graduate professional schools) to share, to the optimal extent, through
cooperative arrangements, their technical and other educational and
administrative facilities and resources, and to test and demonstrate
the effectiveness and efficiency of a variety of such arrangements, in
accordance with this title. The Commissioner is authorized to make
grants to, and contracts with, institutions of higher education to pay
all or part of the cost of cooperative arrangements and of pilot or
demonstration projects designed to accomplish the purpose set forth
in the first sentence of this subsection. Such grants may be made to
public or nonprofit private colleges or universities. When in the Com-
missioner's judgment it will more effectively promote the purposes of
this title, the Commissioner may make grants to other established
public or nonprofit private agencies or organizations, including profes-
sional organizations or academic societies and he may enter into con-
tracts with established private agencies and organizations.
(b) Projects for the planning, development, or carryii g out of such
arrangements assisted under this title may, subject to the provisions of
subsection (c), include-
(1) (A) joint use of facilities such as classrooms, libraries, in-
cluding law libraries, or laboratories, including joint use of neces-
sary books, materials, and equipment; or (B) affording access to
specialized library collections, including law library collections,
through preparation of interinstitutional catalogs and through
development of systems and preparation of suitable media for
electronic or other rapid transmission of materials;
(2) establishment and joint operation of closed-circuit tele-
vision or equivalent transmission facilities (such as the instruc-
tional television fixed services) ; and
(3) establishment and joint operation of electronic computer
networks and programs therefor, to be available to participating
institutions for such purposes as financial and student records,
student course work, or transmission of library materials.
(c) (1) Grants pursuant to clause (B) of paragraph (1) of sub-
section (b) may not be used to pay the costs of electronic transmission
terminals.
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(2) In the case of a project for the establishment and operation of
a computer network, grants may not include-
(A) the cost of operating administrative terminals or student
terminals at participating institutions; or
(B) the cost, or any participating institution's pro rata share
of the cost, of using the central computer facilities of the network,
except (i) such costs of systems development and programming of
computers and transmission costs as are necessary to make the
network operational, (ii) the administrative and program sup-
port costs of the central facilities of the network, and (iii) the
line-access costs incurred by participating institutions.
(20 U.S.C. 1133) Enacted Oct. 16, 1968, P.L. 99-515, Title II, sec. 251, 82 Stat.
1042, amended June 23, 1972, P.L. 92-318, sec. 172, 86 Stat. 304.
APPROPRIATIONS AUTHORIZED
SEC. 802. There are authorized to be appropriated for the purposes
of this title (and planning and related activities in the initial fiscal
year for such purpose), $340,000 for the fiscal year ending June 30,
1969, $4,000,000 for the fiscal year ending June 30, 1970, and $15,000,-
000 for the fiscal year ending June 30, 1971, $5,000,000 for the fiscal
year ending June 30, 1972, $10,000,000 for the fiscal year ending June
30, 1973, and $15,000,000 for each of the fiscal years ending June 30,
1974, and June 30, 1975.
(20 U.S.C. 1133a) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat.
1043; amended June 23, 1972, P.L. 92-318, sec. 171, 86 Stat. 304.
AUTHORITY FOR FREE OR REDUCED RATE COMMUNICATIONS
INTERCONNECTION SERVICES
SEC. 803. Nothing in the Communications Act of 1934, as amended,
or in any other provision of law shall be construed to prevent United
States communications common carriers from rendering, subject to
such rules and regulations as the Federal Communications Commis-
sion may prescribe, free or reduced rate communications interconnec-
tion services for interconnection system within the purview of this
title, whether or not included in a project for which a grant is made
under this title.
(20 U.S.C. 1133b) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat.
1043.
TITLE IX-GRADUATE PROGRAMS
PART A-GRANTS TO INSTITUTIONS OF HIGHER EDUCATION
PURPOSES; AUTHORIZATION
SEC. 901. (a) It is the purpose of this part to make financial assist-
ance available to institutions of higher education-
(1) to strengthen, improve and where necessary expand the
quality of graduate and professional programs leading to an ad-
vanced degree (other than a medical degree) in such institutions;
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(2) to establish, strengthen, and improve programs designed
to prepare graduate and professional students for public service;
and
(3) to assist in strengthening undergraduate. programs of in-
struction in the areas described in clauses (2), (3), and (4) ,1
whenever the Commissioner determines that strengthened under-
graduate programs of instruction will contribute to the purposes
of such clauses.
(b) The Commissioner shall carry out a program of making grants
to institutions of higher education to carry out the purposes set forth
in subsection (a).
(c) There are authorized to be appropriated $30,000,000 for the
fiscal year ending June 30, 1973, $40,000,000 for the fiscal year ending
June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975,
for the purposes of this part.
(20 U.S.C. 1134) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 304.
APPLICATIONS FOR GRANTS
SEC. 902. (a) The Commissioner is authorized to make grants to
institutions of higher education in accordance with the provisions of
this part. An institution of higher education desiring to receive a grant
under this part shall submit to the Commissioner an application there-
for at such time or times, in such manner, and containing such infor-
mation as the Commissioner may prescribe by regulation. Such
application shall set forth a program of activities for carrying out one
or more of the purposes set forth in section 901 (a) in such detail as
will enable the Commissioner to determine the degree to which such
program will accomplish such purpose or purposes, and such other
policies, procedures, and assurances as the Commissioner may require
by regulation.
(b) The Commissioner shall approve an application ouly if he
determines that the application sets forth a program of activities
which are likely to make substantial progress toward achieving the
purposes of this part.
(20 U.S.C. 1134a) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 305.
AUTHORIZED ACTIVITIES
SEC. 903. (a) The funds appropriated pursuant to section 901(c)
may be used for such purposes as the Commissioner determines will
best accomplish the purposes of this part.
(b) Such funds may be used solely for the purposes set forth m an
application approved under section 902 and solely for the purpose of
accomplishing the purposes stated in section 901(a), and to that end
such funds may be used for-
(1) faculty improvement;
(2) the expansion of graduate and professional programs of
study;
1 error. Should read "clauses (I) and (2)."
PAGENO="0417"
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(3) the acquisition of appropriate instructional equipment and
materials;
(4) cooperative arrangements among graduate and profes-
sional schools; and
(5) the strengthening of graduate and professional school
administration.
(c) No sums granted under this part may be used-
(1) for payment in excess of 662/3 per centum of the total cost
of such project or activity;
(2) for payment in excesss of 50 per centum of the cost of the
purchase or rental of books, audiovisual aids, scientific apparatus,
or other materials or equipment, less any per centum of such cost,
as determined by the Commissioner, that is paid from sums re-
ceived (other than under this part) as Federal financial assist-
ance; or
(3) for sectarian instruction or religious worship, or primarily
in connection with any part of the program of a school or depart-
ment of divinity.
(20 U.S.C. 1134b) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 305,
306.
RESEARCH AND STUDIES
SEC. 904. The Commissioner is authorized, directly or by contract,
to conduct studies and research activities in connection with the need
for, and improvement of, graduate programs in various fields of study
in institutions of higher education throughout the United States.
(20 U.S.C. 1134c) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 306.
PART B-GRADUATE FELLOWSHIPS FOR CAREERS IN POSTSECONDARY
EDUCATION
APPROPRIATIONS AUTHORIZED
SEC. 921. There are hereby authorized to be appropriated such sums
as may be necessary to carry out the provisions of this part.
(20 U.S.C. 1134d) Enacted June 30, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 306.
NUMBER OF FELLOWSHIPS
SEC. 922. (a) During the fiscal year ending June 30, 1973, and
each of the two succeeding fiscal years, the Commissioner is authorized
to award not to exceed seven thousand five hundred fellowships to be
used for study in graduate programs at institutions of higher educa-
tion. Such fellowships may be awarded for such period of study as
the Commissioner may determine, but not in excess of three academic
years, except (1) that where a fellowship holder pursues his studies
as a regularly enrolled student at the institution during periods out-
side the regular sessions of the graduate program of the institution,
a fellowship may be awarded for a period not in excess of three calen-
dar years, and (2) that the Commissioner may provide by regulation
for the granting of such fellowships for a period of study not to exceed
one academic year (or one calendar year in the case of fellowships
44-078 0 - 75 - 27
PAGENO="0418"
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to which clause (1) applies) in in addition to the maximum period oth-
erwise applicable, under special circumstances in which the purposes
of this part would most effectively be served thereby.
(b) In addition to the number of fellowships authorized to be
awarded by subsection (a) of this section, the Commissioner is author-
ized to award fellowships equal to the number previously awarded
during any fiscal year under this section but vacated prior to the end
of the period for which they were awarded; except that each fellow-
ship awarded under this subsection shall be for such period of study,
not in excess of the remainder of the period for which the fellowship
which it replaces was awarded, as the Commissioner may determine.
(20 U.S.C. 1134e) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 306.
AWARD OF FELLOWSHIPS AND APPROVAL OF INSTITUTIONS
SEC. 923. (a) Of the total number of fellowships authorized by sec-
tion 922(a) to be awarded during a fiscal year (1) not less than one-
third shall be awarded to individuals accepted for study in graduate
programs approved by the Commissioner under this section, and (2)
the remainder shall be awarded on such bases as he may determine, sub-
ject to the provisions of subsection (c). The Commissioner shall
approve a graduate program of an institution of higher education only
upon application by the institution and only upon his finding that the
application contains satisfactory assurance that the institution will
provide special orientation and practical experiences designed to pre-
pare its fellowship recipients for academic careers at some level of
education beyond the high school.
(b) In determining priorities and procedures for the award of fel-
lowships under this section, the Commissioner shall-
(1) take into account present and projected needs for highly
trained teachers in all areas of education beyond the high school,
(2) give special attention to those institutions which have
developed new doctoral-level programs especially tailored to pre-
pare classroom teachers,
(3) consider the need to prepare a larger number of teachers
and other academic leaders from minority groups, but nothing
containd in this clause shall be interpreted to require any educa-
tional institution to grant preference or disparate treatment to the
members of one minority group on account of an imbalance which
may exist with respect to the total number or percentage of per-
sons of that group participating in or receiving the benefits of
this program, in comparison with the total number of percentage
of persons of that group in any community, State, section, or
other area,
(4) assure that at least one-half of all new fellowship recipi-
ents have demonstrated their competence outside of a higher edu-
cation setting for at least two years subsequent to the completion
of their undergraduate studies,
(5) allow a fellowship recipient to interrupt his studies for up
to one year for the purpose of work, travel, or independent study
away from the campus, except that no stipend or travel expenses
may be paid for such period, and
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(6) seek to achieve a reasonably equitable geographical dis-
tribution of graduate programs approved under this section, based
upon such factors as student enrollments in institutions of higher
education and population.
(c) Recipients of fellowships under this part shall be persons who
are interested in an academic career in educational programs beyond
the high school level and are pursuing, or intend to pursue, a course
of study leading to a degree of doctor of philosophy, doctor of arts,
or an equivalent degree.
(d) No fellowship shall be awarded under this part for study at a
school or department of divinity.
(20 U.S.C. 1134f) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 306,
307.
FELLOWSHIP STIPENDS
SEC. 924. (a) The Commissioner shall pay to persons awarded fel-
lowships under this part such stipends (including such allowances for
subsistence and other expenses for such persons and their dependents)
as he may determine to be consistent with prevailing practices under
comparable federally supported programs.
(b) The Commissioner shall (in addition to the stipends paid to
persons under subsection (a)) pay to the institution of higher educa-
tion at which such person is pursuing his course, of study, in lieu of
tuition charged such person, such amounts as the Commissioner may
determine to be consistent with prevailing practices under comparable
federally supported programs, except that such amount shall not
exceed $4,000 per academic year for any such person.
(20 U.S.C. 1134g) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 307.
FELLOWSHIP CONDITIONS
SEC. 925. (a) A person awarded a fellowship under the provisions
of this part shall continue to receive payments provided in section
4041 only during such periods as the Commissioner finds that he is
maintaining satisfactory proficiency in, and devoting essentially full
time to, study or research in the field in which such fellowship was
awarded, in an institution of higher education, and is not engaging
in gainful employment other than part-time employment by such in-
stitution in teaching, research, or similar activities, approved by the
Commissioner.
(b) The Commissioner is authorized to require reports containing
such information in such form and to filed at such times as he
determines necessary from any person awarded a fellowship under
the provisions of this part. Such reports shall be accompanied by a
certificate from an appropriate official at the institution of higher
education, library, archive, or other research center approved by the
Commissioner, stating that such person is making satisfactory progress
in, and is devoting essentially full time to, the program for which
the fellowship was awarded.
(20 U.S.C. 1134h) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 307,
308.
`ADparent error. Should be sectIon 924.
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PART C-PUBLIC SERVICE FELLOWSHIPS
AWARD OF PUBLIC SERVICE FELLOWSHIPS
SEC. 941. (a) During the fiscal year ending June 30, 19Th, and each
of the two succeeding fiscal years, the Commissioner is authorized to
award not to exceed five hundred fellowships in accordance With the
provisions of this part for graduate or professional study for persons
who plan to pursue a career in public service. Such fellowships shall
be awarded for such periods as tile Commissioner may determine but
not to exceed three academic years.
(b) *There are hereby authorized to be appropriated such sums as
may be necessary to carry out the provisions of this part.
(20 U.S.C. 11341) Enacted June 23, 1972, P.L. 92-318, see. 181(a), 86 Stat. 308.
ALLOCATION OF FELLOWSHIPS
SEC. 942. The Commissioner shall allocate fellowships under this
part among institutions of higher education with programs approved
under the provisions of this part for the use of individuals accepted
into such programs, in such manner and according to such plan as will
insofar as practicable-
(1) provide an equitable distribution of such fellowships
throughout the United States; and
(2) attract recent college graduates to pursue a. career in public
service.
(20 U.S.C. 1134j) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 308.
APPROVAL OF PROGRAMS
SEC. 943. The Commissioner shall approve a graduate or profes-
sional program of an institution of higher education only upon ap-
plication by the institution and only upon his findings-
(1) that such program has as a principal or significant objec-
tive the education of persons for the public service, or the educa-
tion of persons in a profession or vocation for whose practitioners
there is a significant continuing need in the public service as deter-
mined by the Commissioner after such consultation with other
agencies as may be appropriate;
(2) that such program is in effect and of high quality, or can
readily be put into effect and may reasonably be expected to be of
high quality;
(3) that the application describes the relation of such pro-
grams to any program, activity, research, or development set forth
by the applicant in an application, if any, submitted pursuant to
section 901(a) (2); and
(4) that the application contains satisfactory assurance that
(A) the institution will recommend to the Commissioner, for the
award of fellowships under this part, for study in such program,
only persons of superior promise who have demonstrated to the
satisfaction of the institution a serious intent to enter the public
service upon completing the program, and (B) the institution
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will make reasonable continuing efforts to encourage recipients
of fellowships under this part, enrolled in such programs, to en-
ter the public service upon completing the program.
(20 U.S.C. 1134k) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 308,
309.
STIPENDS
SEC. 944. (a) The Commissioner shall pay to persons awarded
fellowships under this part such stipends (including such allowances
for subsistence and other expenses for such persons and their depend-
ent) as he may determine to be consistent with prevailing practices
under comparable federally supported programs.
(b) The Commissioner shall (in addition to the stipends paid to
persons under subsection (a)) pay to the institution of higher educa-
tion at which such person is pursuing his course of study such amount
as the Commissioner may determine to be consistent with prevailing
practices under comparable federally supported programs.
(20 U.S.C. 1134m) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 309:
FELLOWSHIP CONDITIONS
SEC. 945. (a) A person awarded a fellowship under the provisions
of this part shall continue to receive the payments provided in this
part only during such periods as the Commissioner finds that he is
maintaining satisfactory proficiency and devoting full time to study
or research in the field in which such fellowship was awarded in an
institution of higher education, and is not engaging in gainful em-
ployment other than employment approved by the Commissioner by
or pursuant to regulation.
(b) The Commissioner is authorized to require reports containing
such information in such form and to be filed at such times as he
determines necessary from any person awarded a fellowship under
the provisions of this part. Such reports shall be accompanied by a
certificate from an appropriate official at the institution of higher edu-
cation, library archive, or other research center approved by the Coin-
missioner, stating that such person is making satisfactory progress in,
and is devoting essentially full time to, the program for which the
fellowship was awarded.
(c) No fellowship shall be awarded under this part for study at a
school or department of divinity.
(20 U.S.C. 1134m) Enacted June 23, 1972, P.L. 92-318, sec, 181(a), 86 Stat. 309.
PART D-FELLOWSHIPS FOR OTHER Pui~rosEs
PROGRAM AUTHORIZED
SEC. 961. (a) It is the purpose of this part to provide fellowships-
(1) to assist graduate students of exceptional ability who dem-
onstrate a financial need for advanced study in domestic mining
and mineral and mineral fuel conservation including oil, gas, coal,
oil shale, and uranium; and
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(2) for persons of ability from disadvantaged backgrounds, as
determined by the Commissioner, undertaking graduate or pro-
fessional study.
The demonstration of financial need shall be determined in accordance
with regulations prescribed by the Commissioner.
(b) (1) The Commissioner is authorized to award under the pro-
visions of this part not to exceed five hundred fellowships for the
fiscal year ending June 30, 1973, and for each of the two succeeding
fiscal years. Appropriations made pursuant to section 96~ for fellow-
ships awarded under clause (2) of subsection (a) of this section may
not exceed $1,000,000 in any fiscal year.
(2) In addition to the number of fellowships authorized to be
awarded under paragraph (1), the Commissioner is authorized to
award fellowships equal to the number previously awarded during
any fiscal year under this part but vacated prior to the end of the
period for which they were awarded except that each fellowship
awarded under this paragraph shall be for such period of graduate or
professional work or research not in excess of the remainder of the
period for which the fellowship it replaces was awarded as the Com-
missioner may determine.
(c) Fellowships awarded under this part shall be for graduate and
professional study leading to an advanced degree or research incident
to the presentation of a doctoral dissertation. Such fellowships may be
awarded for graduate and professional study and research at any in-
stitution of higher education or any other research center approved
for such purpose by the Commissioner. Such fellowships shall be
awarded for such periods as the Commissioner may determine but not
to exceed three years.
(20 U.S.C. 1134n) Enacted June 23, 1972, P.L. 92-318, sec. 181 (a), 86 Stat. 310.
AWARD OF FELLOWSHIPS
SEC. 962. Recipients of fellowships under this part shall be-
(1) persons who have been accepted by an institution of higher
education for graduate study leading to an advanced degree or
for a professional degree, or
(2) persons who have completed all course work required for
granting of a doctoral degree or an equivalent degree (except such
course work credited on the dissertation) and comprehensive
examinations where appropriate, and whose doctoral dissertation
(or other equivalent dissertation) proposal has been approved by
appropriate officials of an institution of higher education.
(20 U.S.C. 1134o) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 310.
STIPENDS AND INSTITUTION OF HIGHER EDUCATION ALLOWANCES
Sno. 963. (a) The Commissioner shall pay to persons awarded fel-
lowships under this part such stipends as he may determine to be
consistent with prevailing practices under comparable federally sup-
ported programs, except that the stipend shall not be. less than $2,800
for each academic year study. An additional amount of $300 for each
such year shall be paid to each such person on account of each of his
dependents, not to exceed the amount of $1,500 per academic year.
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(b) In addition to the amount paid to persons pursuant to subsec-
tion (a) there shall be paid to the institution of higher education at
which each such person is pursuing his course of study an amount
equal to 150 per centum of the amount paid to such person, less the
amount paid on account of each of such person's dependents, to such
person, less any amount charged such person for tuition.
(c) The Commissioner shall reimburse any person awarded a fel-
lowship pursuant to this part for actual and necessary traveling ex-
penses of such person and his dependents from his ordinary place of
residence to the institution of higher education, library, archive, or
other research center where he will pursue his studies under such fel-
lowship, and to return to such residence.
(20 U.S.C. 1134p) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 310.
FELLOWSHIP CONDITIONS
SEC. 964. (a) A person awarded a fellowship under the provisions
of this part shall continue to receive the payments provided in this
part only during such periods as the Commissioner finds that he is
maintaining satisfactory proficiency and devoting full time to study or
research in the field in which such fellowship was awarded in an in-
stitution of higher education, and is not engaging in gainful employ-
ment other than employment approved by the Commissioner by or
pursuant to regulation.
(b) The Commissioner is authorized to require reports containing
such information in such form and to be filed at such times as he deter-
mines necessary from any person awarded a fellowship under the pro-
visions of this part. Such reports shall be accompanied by a certificate
from an appropriate official at the institution of higher education,
library, archive, or other research center approved by the Commis-
sioner, stating that such person is making satisfactory progress in, and
is devoting essentially full time to, the program for which the fellow-
ship was awarded.
(c) No fellowship shall be awarded under this title for study at a
school or department of divinity.
(20 U.S.C. 1134q) Enacted June 23, 1972, P.L. 92-318, sec. 181 (a), 86 Stat. 311.
APPROPRIATIONS AtTTHORIZED
SEC. 965. There are authorized to be appropriated such sums as may
be necessary for the purposes of this part.
(20 U.S.C. 1134r) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 311.
ASSISTANCE FOR TRAINING IN THE LEGAL PROFESSION
SEC. 966. (a) The Commissioner is authorized prior to July 1, 1978,
to make grants to, or enter into contracts with, public and private
agencies and organizations other than institutions of higher educa-
tion for the purpose of assisting ii~dividua1s from disadvantaged back-
grounds, as determined in accordance with criteria prescribed by the
Commissioner, to undertake training for the legal profession.
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(b) Grants made, and contracts entered into under, subsection (a)
may cover, in accordance with regulations of the Commissioner, all or
part of the cost of-
(1) selecting individuals from disadvantaged backgrounds for
training for the legal profession,
(2) facilitating the entry of such individuals into institutions
of higher education for the purpose of pursuing such trainrng,
(3) providing cot~nseling or other services designed to assist
such individuals to complete successfully such trammg,
(4) providing, for not more than three months, prior to the
entry of such individuals upon their courses of trammg for the
legal profession, preliminary training for such individuals de-
signed to assist them to complete successfully such training for the
legal profession,
(5) paying such stipends (including allowances for travel and
for dependents) as the Commissioner may determine for such
individuals for any such period of preliminary training or for
any period of training for the legal profession during which such
individuals maintain satisfactory academic proficiency, as deter-
mined by the Commissioner, and
(6) paying for administrative activities of the agencies and
organizations which receive such grants, or with which such con-
tracts are entered into, to the extent such activities are for the pur-
pose of furthering activities described in clauses (1) through (5).
(c) The activities authorized under this section maT be carried
out without regard to the requirements and limitations set forth in
sections 962 and 963 of this part.
(20 U.S.C. 1134r-1) Enacted Aug. 24, 1974, P.L. 93-380, sec. 836, 88 Stat. 605.
(PART E-VACANT)
PART F-GENERAL ASSISTANCE TO GRADUATE SCHOOLS 1
GENERAL AS5ISTANGE GRANTS
Sic. 981. (a) Each institution of higher education shall, during the
period beginning July 1, 1972 and ending June 30, 1975, be entitled
to a general assistance grant (hereinafter in this section referred to as
"grant") in accordance with the provisions of this section.
(b) The amount of a grant to which an institution shall be entitled
for any fiscal year shall be $200 multiplied by the number of students
in full-time enrollment (including the full-time equivalent of the part-
time enrollment for credit) at such institution who are pursuing a pro-
gram of post-baccalaureate study.
(c) In order to be eligible for the grant to which it is entitled, an
institution shall make application therefor to the Commissioner. Such
application shall be submitted at such time or times and in such man-
ner as the Commissioner shall prescribe by regulation. Such applica-
tion shall be approved if the Commissioner determines that it-
1 Sec. 1001 (d) of P.L. 92-318 provides as follows:
"(d) The total of the payments made under subpart 5 of part A of title IV, of the
Higher Education Act of 1965 (except section 420) and under part F of title IX of such
Act may not exceed $1,000,000,000 during any fiscal year."
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(1) describes general educational goals and specific objectives
of the graduate programs of the institution, and the amount of
institutional income needed to meet such goals and objectives;
(2) provides satisfactory assurance that-
(A) the proceeds of the grant will be used for programs
of the applicant consistent with such goals and objectives,
(B) current operating support from non-Federal sources
for educationally related graduate programs of the applicant
has not been reduced in anticipation of funds to be received
under this section, and
(C) the applicant will make such reports as the Commis-
sioner may require including a summary report describing
how the grant was expended and an evaluation of its effective-
ness in achieving such goals and objectives; and
(3) contains such provisions as the Commissioner may require
by regulation in order to protect the financial interests of the
United States.
The Commissioner may waive the requirement set forth in clause (2)
(B) in the preceding sentence for any fiscal year if he determines, in
accordance with criteria prescribed by regulation, that such waiver
would promote the purposes of this section.
(d) (1) The Commissioner shall pay to each applicant the amount
for which it is eligible under this section.
(2) If, during any period, the funds available for making payments
pursuant to paragraph (1) are insufficient to satisfy fully the amounts
for which all institutions are eligible under this section, the amounts
for which all applicants are eligible shall be ratably reduced.
(e) None of the proceeds from a grant may be used to support a
school or department of divinity or for religious worship or sectarian
instruction.
(f) The Commissioner shall report to Congress not later than 120
days after the end of each fiscal year regarding the effectiveness of
assistance under this section in achieving the goals and objectives of
institutions of higher education and in encouraging diversity and
autonomy among such institutions of higher education. The Commis-
sioner, in such report, shall include such recommendations as may be
appropriate regarding the continuation, modification, or extension of
assistance under this section.
(20 U.S.C. 1134s) Enacted June 23, 1972, P.L. 92-318, sec. 1001(b), 86 Stat. 380.
TITLE X-COMMUNITY COLLEGES AND OCCUPATIONAL
EDUCATION
PART A-ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLEGES
Subpart 1-Statewide Plans
SEc. 1001. (a) Each State Commission (established or designated
under section 1202) of each State which desires to receive assistance
under this subpart shall develop a statewide plan for the expansion or
improvement of postsecondary education programs in community col-
leges or both. Such plan shall among other things-
PAGENO="0426"
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(1) designate areas, if any, of the State in which residents cto
not have access to at least two years of tuition-free or low-tuition
postsecondary education within reasonable distance;
(2) set forth a comprehensive statewide. plan for the establish-
ment, or expansioi~, and improvement of community colleges, or
both, which wo~ild achieve the goal of making available to all
residents of the State an opportunity to attend a community col-
lege (as defined in section 1018);
(3) establish priorities for the use of Federal and non-Federal
financial and other resources which would be necessary to achieve
the goal set forth in clause (2);
(4) make recommendations with respect to adequate State and
local financial support, within the priorities set forth pursuant to
clause (3), for community colleges;
(5) set forth a statement analyzing the duplications of post-
secondary educational programs and make recommendations for
the coordination of such programs in order to eliminate unneces-
sary or excessive duplications; and
(6) set forth a plan for the use of existing and new educational
resources in the State in order to achieve the goal set forth in
clause (2), including recommendations for the modification of
State plans for federally assisted vocational education, commu-
nity services, and academic facilities as they may affect commu-
nity colleges.
In carrying out its responsibilities under this subsection, each State
Commission shall establish an advisory council on community col-
leges which shall-
(A) be composed of-
(i) a substantial number of persons in the State (includ-
ing representatives of State and local agencies) having re-
sponsibility for the operation of community colleges;
(ii) representatives of State a.gencies having responsibility
for or an interest in postsecondary education; and
(iii) the general public;
(B) have responsibility for assisting and making recommen-
dations to the State Commission in developing the statewide plan
required under this section;
(C) conduct such hearings as the State Commission may deem
advisable; and
(D) pursuant to requirements established by the State Com-
mission, provide each State and local agency within the State
responsible for postsecondary education an opportunity to review
and make recommendations with respect to such plan.
(b) (1) There is hereby authorized to be appropriated $15.700~000
during the period beginning July 1, 1972. and ending June 30, 1974,
to carry out the provisions of this section.
(2) Sums appropriated pursuant to paragraph (1) shall be allotted
by the Commissioner equally among the States. except that. the amount
allotted to Guam, American Samoa. and the Virgin Islands shall not
exceed $100,000 each. Such sums shall remain available until expended.
(c) Each plan developed and adopted pursuant to subsection (a.)
shall be submitted to the Commissioner for his approval. The Commis-
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sioner shall not approve any plan unless he determines that it fulfills
the requirements of this section.
(20 TJ.S.C. 1135) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86 Stat.
312, 313.
Subpart 2-Establishment and Expansion of Community Colleges
PROGRAM AUTHORIZATION
SEC. 1011. (a) In order to encourage and assist those States and
localities which so desire in establishing or expanding community
colleges, or both, the Commissioner shall carry out a program as
provided in this subpart for making grants to community colleges
in order to improve educational opportunities available through com-
munity colleges in such States.
(b) For the purpose of carrying out this subpart, there are author-
ized to be appropriated $50,000,000 for the fiscal year ending June 30,
1973, $75,000,000 for the fiscal year ending June 30, 1974, and
$150,000,000 for the fiscal year ending June 30, 1975.
(20 U.S.C. 1135a) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86 Stat.
313.
APPORTIONMENTS
SEC. 1012. (a) From the sums appropriated pursuant to section
1011 (b) for each fiscal year the Commissioner shall apportion not more
than 5 per centum thereof among Puerto Rico, Guam, American Samoa
and the Virign Islands according to their respective needs. From the
remainder of such sums the Commissioner shall apportion to each
State an amount which bears the same ratio to such remainder as the
population aged eighteen and over in such State bears to the total of
such population in all States. For the purpose of the second sentence
of this subsection, the term "State" does not include Puerto Rico
Guam, American Samoa and the Virgin Islands.
(b) The portion of any State's apportionment under subsection (a)
for a fiscal year which the Commissioner determines will not be
required, for the period such apportionment is available, for carrying
out the purposes of this subpart shall be available for reapportionment
from time to time, on such dates during such period as the Cömmis-
sioner shall fix, to other States in proportion to the original apportion-
ments to such States under subsection (a) for such year but with such
proportionate amount for any of such other States being reduced to the
extent it exceeds the sum which the Commissioner estimates such State
needs and will be able to use for such period for carrying out such por-
tion of its State plan referred to in section 1001 (a) (2) approved
under this subpart, and the total of such reductions shall be similarly
reapportioned among the States whose proportionate amounts are not
so reduced. Any amount reapportioned to a State under this subsec-
tion during a year shall be deemed part of its apportionment under
subsection (a) for such year.
(20 U.S.C. 1135a-1) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 313, 314.
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ESTABLISHMENT GRANTS
SEc. 1013. (a) The Commissioner is authorized to make grants to
new community colleges to assist them in planning, developing, estab-
lishing, and conducting initial operations of new community colleges
in areas of the States in which there are no existing community col-
leges or in which existing community colleges cannot adequately pro-
vide postsecondary educational opportunities for all of the residents
thereof who desire and can benefit from postsecondary education.
(b) For the purposes of subsection (a), the term "new community
college" meaiis a board of trustees or other governing board (or its
equivalent) which is established by, or pursuant to, the law of a State,
or local government, for the purpose of establishing a. community col-
lege, as defined in section 1018, or any existing board so established
which has the authority to create, and is in the process of establishing,
a new community college.
(20 U.S.C. 1135a-2) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 314.
EXPANSION GRANTS
SEC. 1014. The Commissioner is authorized to make grants to exist-
ing community colleges to assist them-
(1) in expanding their enrollment capacities,
(2) in establishing new campuses, and
(3) in altering or modifying their educational programs,
in order that they may (A) more adequately meet the needs, interests,
and potential benefits of the communities they serve, or (B) provide
educational programs especially suited to the needs of educationally
disadvantaged persons residing in such communities.
(20 U.S.C. 1135a-3) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 314.
LEASE OF FA~ILIT~S
SEC. 1015. (a) The Commissioner is authorized to make grants to
community colleges to enable them to lease facilities, for a. period of
not to exceed five years, in connection with activities carried out by
them under section 1013 or section 1014.
(b) The Federal share of carrying out a project through a grant
under this section shall not exceed-
(1) `70 per centum of the cost of such project for the first year
of assistance under this section;
(2) 50 per centum thereof for the second such year;
(3) 30 per centum thereof for the third such year; and
(4) 10 per centum thereof for the fourth such year.
(20 U.S.C. 1135a-4) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 314, 315.
APPLICATIONS; FEDERAL SHARE
SEC. 1016. (a) (1) Grants under sections 1013 and 1014 may be made
only upon application to the Commissioner. Applications for assist-
ance under such sections shall be submitted at such time, in such
manner and form, and containing such information as the Commis-
sioner shall require by regulation.
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(2) No application submitted pursuant to paragraph (1) shall be
approved unless the Commissioner determines that it is consistent with
the plan approved by him under section 1001 from the State in which
the applicant is located.
(b) (1) No application for assistance under section 1013 or 1014 shall
be approved for a period of assistance in excess of four years.
(2) The Federal share of the cost of carrying out the project for
which assistance is sought in an application submitted pursuant to
this section shall not exceed-
(A) 40 per centum of such cost for the first year of assistance;
(B) 30 per centum thereof for the second year of assistance;
(C) 20 per centum thereof for the third year of assistance; and
(D) 10 per centum thereof for the fourth year of assistance.
(c) (1) Funds appropriated pursuant to section 1011 and granted
under section 1013 or 1014 shall, subject to paragraph (2), be avail-
able for those activities the Commissioner determines to be necessary
to carry out the purposes of such sections.
(2) Such funds may be used (A) to remodel or renovate existing
facilities, or (B) to equip new and existing facilities, but such funds
may not be used for the construction of new facilities or the acquisition
of existing facilities.
(20 U.S.C. 1135a-5) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 315.
PAYMENTS
SEC. 101~. From the amount apportioned to each State pursuant
to section 1012, the Commissioner shall pay to each applicant from
that State which has had an application for assistance approved under
this subpart the Federal share of the amount expended under such
application.
(20 U.S.C. 1135a-6) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 315.
DEFINITIONS
SEC. 1018. As used in this title, the term "community college" means
any junior college, postsecondary vocational school, technical insti-
tute, or any other educational institution (which may include a four-
year institution of higher education or a branch thereof) in any State
which-
(1) is legally authorized within such State to provide a pro-
gram of education beyond secondary education;
(2) admits as regular students persons who are high school
graduates or the equivalent, or at least 18 years of age;
(3) provides a two-year postsecondary educational program
leading to an associate degree, or accéptàble for credit toward a
bachelor's degree, and also provides programs of postsecondary
vocational, technical, occupational, and specialized education;
(4) is a public or other nonprofit institution;
(5) is accredited as an institution by a nationally recognized
accrediting agency or association, or if not so accredited-
(A) is an institution that has obtained recognized preac-
creditation status from a nationally recognized accrediting
body, or
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(B) is an institution whose credits are acceptable on transfer,
by not less than three accredited institutions, for credit on the same
basis as if transferred from an institution so accredited.
(20 U.S.C. 1135a-7) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 315, 316.
PAmV B-OCCIJPATIONAL EDUCATION PR0G1IAMS
AUTHORIZATION OF APPROPRIATIONS
SEC. 1051. For the purposes of carrying out this part, there are
hereby authorized to be appropriated $100,000,000 for the fiscal year
ending June 30, 1973, $250,000,000 for the fiscal year ending June 30,
1974, and $500,000,000 for the fiscal year ending June 30, 1975. Eighty
per centum of the funds appropriated for the first year for which
funds are appropriated under this section shall be available for the
purposes of establishing administrative arrangements under section
1055, making planning grants under section 1056, and for initiating
programs under section 1057 in that States which have complied with
the planning requirements of section 1056; and 20 per centuna shall be
available only for tecimical assistance under section 1059(a). From the
amount appropriated for each succeeding fiscal year 15 per centum
shall be reserved to the Commissioner for grants and contracts pursu-
ant to section 1059(b).
(20 15.5.0. 1135b) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 316.
ALLOTMENTS AND REALLOTMENTS AMONG STATES
SEC. 1052. (a) From the sums appropriated under section 1051 for
the first year for which funds are appropriated under that section
(other than funds available only for technical assistance), the Com-
missioner shall first allot such sums as they may require (but not to
exceed $50,000 each) to American Samoa and the Trust Territory of
the Pacific Islands. From the remainder of such sums he shall allot to
each State an amount which bears the same ratio to such remainder as
the number of persons sixteen years of age or older in such State bears
to the number of such persons in all the States, except that the amount
allotted to each State shall not be less than $100,000.
(b) From the sums appropriated for any succeeding fiscal year
under such section (other than funds reserved to the Commissioner),
the Commissioner shall first allot such sums as they may require (but
not to exceed $500,000 each) to American Samoa and the Trust Ter-
ritory of the Pacific Islands. From the remainder of such sums he shall
allot to each State an amount which bears the same ratio to such
remainder as the number of persons sixteen years of age or older in
such State bears to the number of such persons in all the States, except
that the amount allotted to each State shall not be less than $500,000.
(c) The portion of any State's allotment under subsection (a) or
(b) for a fiscal year which the Commissioner determines will not be
required, for the period such allotment is available, for carrying out
the purposes of this part shall be available for reallotment from time
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to time, on such date or dates during such periods as the Commissioner
may fix, to other States in proportion to the original allotments to such
States under subsection (a) or (b) for such year, but with such pro-
portionate amount for any of such other States being reduced to the
extent it exceeds the sum which the Commissioner estimates such
States need and will be able to use for such period, and the total of
such reductions shall be similarly reallotted among the States whose
proportionate amounts are not so reduced. Any amount reallotted to a
State under this subsection during a year shall be deemed part of its
allotment under subsection (a) or (b) for such year.
(20 U.S.C. 1135b-1) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 316, 317.
FEDERAL ADMINISTRATION
SEC. 1053. The Secretary shall develop and carry out a program
designed to promote and encourage occupational education, which pro-
gram shall-
(1) provide for the administration by the Commissioner of
Education of grants to the States authorized by this part;
(2) assure that manpower needs in subprofessional occupa-
tions in education, health., rehabilitation, and community and wel-
fare services are adequately considered in the development of
programs under this part;
(3) promote and encourage the coordination of programs de-
veloped under this part with those supported under part A of
this title, the Vocational Education act of 1963, the Manpower
Development and Training Act of 1962, title I of the Economic
Opportunity Act of 1964, the Public Health Service Act, and
related activities adminstered by various departments and agen-
cies of the Federal Government; and
(4) provide for the continuous assessment of needs in occupa-
tional education and for the continuous evaluation of programs
supported under the authority of this part and of related provi-
sions of law.
(20 U.S.C. 1135b-2) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 317.
GENERAL RESPONSIBILITIES OF COMMISSIONER OF EDUCATION
SEC. 1054. The Commissioner shall, in addition to the specific re-
sponsibilities imposed by this part, develop and carry out a program
of occupational education that will-
(1) coordinate all programs administered by the Commissioner
which specifically relate tQ the provisions of this part so as to
provide the maximum practicable support for the objectives of
this part;
(2) promote and encourage occupational preparation, counsel-
ing and guidance, and job placement or placement in postsecond-
ary occupational education programs as a responsibility of
elementary and secondary schools;
(3) utilize research and demonstration programs administered
by him to assist in the development of new and improved instruc-
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tional methods and technology for occupational education and in
the design and testing of models of schools or school systems which
place occupational education on an equal footing with academic
education;
(4) assure that the Education Professions Development Act
and similar programs of general application will be so adminis-
tered as to provide a degree of support for vocational, technical,
and occupational education commensurate with national needs
and more nearly representative of the relative size of the popula-
tion to be served; and
(5) develop and disseminate accurate information on the status
of occupational education in all parts of the Nation, at all levels
of education, and in all types of institutions, together with infor-
mation on occupational opportunities available to persons of all
ages.
(20 ILSAJ. 1135b-3) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 317.
STATE ADMINISTRATION
SEC. 1055. (a) Any State desiring to participate in the program
authorized by this part shall in accordance with State law establish a
State agency or designate an existing State agency which will have
sole responsibility for fiscal management and administration of the
program, in accordance with the plan approved under this part, and
which adopts administrative arrangements which will provide assur-
ances satisfactory to the Commissioner that-
(1) the State Advisory Council on Vocational Education will
be charged with the same responsibilities with respect to the pro-
gram authorized by this part as it has with respect to programs
authorized under the Vocational Education Act of 1963;
(2) there is adequate provision for individual institutions or
groups of institutions and for local educational agencies to appeal
and obtain a hearing from the State administrative agency with
respect to policies, procedures, programs, or allocation of re-
sources under this part with which such institution or institutions
or such agencies disagree.
(b) The Commissioner shall approve any administrative arrange-
ments which meet the requirements of subsection (a), and shall not
finally disapprove any such arrangements without affording the State
administrative agency a reasonable opportunity for a hearmg. Upon
the final disapproval of any arrangement, the provisions for judicia'
review set forth in section 1058(b) shall be applicable.
(20 U.S.C. 1135b-4) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 318.
PLANNING GRANTS FOR STATE OCCUPATIONAL EDUCATION PROGRAMS
SEC. 1056. (a) Upon the application of a State Commission (estab-
lished or designated pursuant to section 1202), the Commissioner shall
make available to the State the amount of its allotment under section
1052 for the following purposes-
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(1) to strengthen the State Advisory Council on Vocational
Education in order that it may effectively carry out the additional
functions imposed by this part; and
(2) to enable the State Commission to initiate and conduct a
comprehensive program of planning for the establishment of the
program authorized by this part.
(b) (1) Planning activities initiated under clause (2) of subsection
(a) shall include-
(A) an assessment of the existing capabilities and facilities for
the provision of postsecondary occupational education, together
with existing needs and projected needs for such education in all
parts of the State;
(B) thorough consideration of the most effective means of
utilizing all existing institutions within the State capable of pro-
viding the kinds of programs assisted under this part, including
(but not limited to) both private and public community and junior
colleges, area vocational schools, accredited private proprietary
institutions, technical institutes, manpower skill centers, branch
institutions of State colleges or universities and public and pri-
vate colleges and universities;
(C) the development of an administrative procedure which pro-
vides reasonable promise for resolving differences between voca-
tional educators, community and junior college educators, college
and university educators, elementary and secondary educators,
and other interested groups with respect to the administration of
the program authorized under this part; and
(D) the development of a long-range strategy for infusing
occupational education (including general orientation, counsel-
ing and guidance and placement either in a job or in postsec-
ondary occupational programs) into elementary and secondary
schools on an equal footing with traditional academic education,
to the end that every child who leaves secondary school is prepared
either to enter productive employment or to undertake additional
education at the postsecondary level, but without being forced
prematurely to make an irrevocable commitment to a particular
educational or occupational choice: and
(E) the development of procedures to insure continuous plan-
ning and evaluation, including the regular collection of data
which would be readily available to the State administrative
agency, the State Advisory Council on Vocational Education,
individual educational institutions, and other interested parties
(including concerned private citizens).
(2) Planning activities carried on by the State Commission under
this section shall involve the active participation of-
(A) the State board for vocational education;
(B) the State agency having responsibility for community and
junior colleges;
(C) the State agency having responsibility for higher education
institutions or programs;
(D) the State agency responsible for administering public ele-
mentary and secondary education;
44-078 0 - 75 - 28
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(E) the State agency responsible for programs of adult basic
education;
(F) representatives of all types of institutions in the State
which are conducting or which have the capability and desire to
conduct programs of postsecondary occupational education;
(G) representatives of private, nonprofit elementary and sec-
ondary schools;
(H) the State employment security agency, the State agency
responsible for apprenticeship programs. and other agencies
within the State having responsibility for administering man-
power development and training programs;
(I) the State agency responsible for economic and industrial
development;
(.J) persons familiar with the occupational education needs
of the disadvantaged, of the handicapped, and of minority groups;
and
(K) representatives of business, industry, organized labor, agri-
culture, and the general public.
(c) The Commissioner shall not approve any application for a grant
under section 1057 of this part unless he is reasonably satisfied that the
planning described in this section (whether or not assisted by a grant
under this section) has been carried out.
(20 tT.S.O. 1135b-5) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 318,319.
PROGRAM GRANTS FOR STATE OCCUPATIONAL EDtTCATION PROGRAMS
SEC. 1057. (a) From the allotments available to the States under
section 1052(b) (upon application by the State administrative agency
designated or established under section 1055), the Commissioner shall
make grants to any State which has satisfied the requirements of sec-
tion 1058. Such grants may be used for the following purposes-
(1) assist the State administrative agency designated or estab-
lished under section 1055;
(2) the design, establishment, and conduct of programs of
postsecondary occupational education (or the expansion and im-
provement of existing programs) as defined by section 1060 of
this part;
(3) the design, establishment, and conduct of programs to carry
out the long-range stategy developed pursuant to section 1056(b)
(1) (D) for infusing into elementary and secondary education
occupational preparation, which shall include methods of involv-
ing secondary schools in occupational placement and methods of
providing followup services and career counseling and guidance
for persons of all ages as a regular function of the educational
system;
(4) the design of high-quality instructional programs to meet
the needs for postsecondary occupational education and the devel-
opment of an order of priorities for placing these programs in
operation;
(hi) special training and preparation of persons to equip them
to teach, administer, or otherwise assist in carrying out the pro-
gram authorized under this part (such as programs to prepare
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journeymen in the skilled trades or occupations for teaching
positions) ; and
(6) the leasing, renting, or remodeling of facilities required to
carry out the program authorized by this part.
(b) Programs authorized by this part may be carried out through
contractual arrangements with private organizations and institutions
organized for profit where such arrangements can make a contribution
to achieving the purposes of this part by providing substantially
equivalent education, training, or services more readily or more eco-
nomically, or by preventing needless duplication of expensive physical
plant and equipment, or by providing needed education or training
of the types authorized by this part which would not otherwise be
available.
(20 U.S.C. 1135b-6) Enacted 3une 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 319, 320.
ASSURANCES; JUDICIAL REVIEW
SEC. 1058. (a) Before making any program grant under this part
the Commissioner shall receive from the State Commission an assur-
ance satisfactory to him that the planning requirements of section
1056 have been met and from the State administrative agency assur-
ances satisfactory to him that-
(1) the State Advisory Council on Vocational Education has
had a reasonable opportunity to review and make recommenda-
tions concerning the design of the programs for which the grant
is requested;
(2) Federal funds made available under this part will result
in improved occupational education programs, and in no case
supplant State, local, or private funds;
(3) adequate provision has been made by such agency for pro-
grams described in section 1057(a) (3);
(4) provision has been made for such fiscal control and fund
accounting procedures as may be necessary to assure proper dis-
bursement of, and accounting for, Federal funds paid to the State
under this part;
(5) to the extent consistent with the number of students en-
rolled in nonprofit private schools in the area to be served by an
elementary or secondary school program funded under this part,
provision has been made for the effective participation of such
students; and
(6) reports will be made in such form and containing such
information as the Commissioner may reasonably require to carry
out his functions under this part.
(b) (1) Whenever the Commissioner, after reasonable notice and
opportunity for a hearing to the State administrative agency, finds
that any of the assurances required by subsection (a) are unsatisfac-
tory, or that in the administration of the program there is a failure
to comply with such assurances or with other requirements of the
part, the Commissioner shall notify the administrative agency that
no further payments will be made to the State under this part until
he is satisfied there has been or will be compliance with the require-
ments of the part.
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(2) A State administrative agency which is dissatisfied with a ~nai
action of the Commissioner under this section or under section 1055
(with respect to approval of State administration) may appeal to the
United States court of appeals for the circuit in which the State is
located, by filing a petition with such court within sixty days after such
final action. A copy of the petition shall be forthwith transmitted by
the clerk of the court tothe Commissioner, or any officer designated by
him for that purpose. The Commissioner thereupon shall ifie in the
court the record of the proceedings on which he based his action, as
provided in section 2112 of title 28, United States Code. Upon the filing
of such petition, the court shall have jurisdiction to affirm the action
of the Commissioner or to set it aside, in whole or in part, temporarily
or permanently but until the filing of the record the Commissioner may
modify or set aside his action. The findings of the Commissioner as to
the facts, if supported by substantial evidence, shall be conclusive, but
the court, for good cause shown, may remand the case to the Commis-
sioner to take further evidence, and the Commissioner may thereupon
make new or modified findings of fact and may modify his previous
action, and shall file in the court the record of the further proceedings.
Such new or modified findings of fact shall likewise be conclusive if
supported by substantial evidence. The judgment of the court affirm-
ing or setting aside, in whole or in part, any action of the Commissioner
shall be final, subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of title
28, United States Code. The commencement of proceedings under this
subsection shall not, unless so specifically ordered by the court, operate
as a stay of the Commissioner's action.
(20 U.S.C. 1135b-7) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 320,321.
TECHNICAL ASSISTANCE; MODEL PROGRAMS
SEC. 1059. (a) The Commissioner shall make available (to the
extent practicable) technical assistance to the States in planning, de-
signing, and carrying out the program authorized by this part upon
the request of the appropriate State agency designated or established
pursuant to section 1055 or section 1202 and the Commissioner shall
take affirmative steps to acquaint all interested organizations, agen-
cies, and institutions with the provision of this part and to enlist
broad public understanding of its purposes.
(b) From the sums reserved to the Commissioner under section
1051, he shall by grant or contract provide assistance-
(1) for the establishment and conduct of model or demonstra-
tion programs which in his judgment will promote the achieve-
ment of one or more purposes of this part and which might
otherwise not be carried out (or not be carried out soon enough or
in such a way as to have the desirable impact upon the purposes
of the part);
(2) as an incentive or supplemental grant to any State admin-
istrative agency which makes a proposal for advancing the pur-
poses of this part which he feels holds special promise for meet-
ing occupational education needs of particular groups or classes
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of persons who are disadvantaged or who have special needs,
when such proposal could not reasonably be expected to be carried
out under the regular State program; and
(3) for particular programs or projects eligible for support
under this part which he believes have a special potential for
helping to find solutions to problems on a regional or national
basis.
(c) In providing support under subsection (b) the Commissioner
may as appropriate make grants to or contracts with public or private
agencies, organizations, and institutions, but he shall give first prefer-
ence to applications for projects or programs which are administered
by or approved by State administrative agencies, and he shall in no
case make a grant or contract within any State without first having
afforded the State administrative agency reasonable notice and oppor-
tunity for comment and for making recommendations.
(20 U.S.C. 1135b-8) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 321,322.
DEFINITIONS
SEC. 1060. For the purposes of this part-
(1) The term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and
(except for the purposes of subsections (a) and (b) of section
1052) American Samoa and the Trust Territory of the Pacific
Islands.
(2) The term "postsecondary occupational education" means
education, training, or retraining (and including guidance, coun-
seling, and placement services) for persons sixteen years of age or
older who have graduated from or left elementary or secondary
school, conducted by an institution legally authorized to provide
postsecondary education within a State, which is designed to
prepare individua's for gainful employment as semi-skilled or
skilled workers or technicians or subprofessionals in recognized
occupations (including new and emerging occupations), or to
prepare individuals for enrollment in advanced technical educa-
tion programs, but excluding any program to prepare individuals
for employment in occupations which the Commissioner deter-
mines, and specifies by regulation, to be generally considered
professional or which require a baccalaureate or advanced degree.
(20 U.S.C. 1135b-9) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 322.
PART C-ESTABLISHMENT OF AGENCIES
ESTABLISHMENT OF BUREAU OF OCCUPATIONAL AND ADULT EDUCATION
SEC. 1071. (a) There is hereby established in the United States
Office of Education a Bureau of Occupational and Adult Education
hereinafter referred to as the Bureau, which shall be responsible for
the administration of this title, the Vocational Education Act of 1963,
iiicluding parts C and I thereof, the Adult Education Act, functions
of the Office of Education relating to manpower training and develop-
ment, functions of the Office relating to vocational, technical, and
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occupational training in community and junior colleges, and any other
Act vesting authority in the Commissioner for vocational, occupa-
tional, adult and continuing education and for those portions of any
legislation for career education which are relevant to the purposes of
other Acts administered by the Bureau.
(b) (1) The Bureau shall be headed by a person (appointed or
designated by the Commissioner) who is highly qualified in the fields
of vocational, teclmical, and occupational education, who is accorded
the rank of Deputy Commissioner, and who shall be compensated at
the rate specified for grade 18 of the General Schedule set forth in sec-
tion 5332 of title 5, United States Code.
(2) Additional positions are created for, and shall be assigned to,
the Bureau as follows: 1
(A) Three positions to be placed in grade 17 of such General
Schedule, one of which shall be filled by a person with broad expe-
rience in the field of junior and community college education,
(B) Seven positions to be placed in grade 16 of such General
Schedule, at least two of which shall be ifiled by persons with
broad experience in the field of postsecondary-occupational edu-
cation in community and junior colleges, at least one of which
shall be filled by a person with broad experience in education in
private proprietary institutions, and at least one of which shall be
filled by a person with professional experience in occupational
guidance and counseling, and
(C) Three positions which shall be filled by persons at least one
of whom is a skilled worker in a recognized occupation. another is
a subprofessional technician in one of the branches of engineering.
and the other is a subprofessional worker in one of the branches of
social or medical services, who shall serve as senior advisers in the
implementation of this title.
(20 U.S.C. 1135c) Enacted June 23, 1972, P.L. 92-218, see. 186(a) (1), 86 Stat.
322, 323.
COMMUNITY COLLEGE UNIT
SEC. 1072. (a) There is established, in the Office of Education, a
Community College Unit (in this section referred to as the "Unit")
which shall have the responsibility for coordinating all programs
administered by the Commissioner which affect, or can benefit, com-
munity colleges, including such programs assisted under this Act, and
the Vocational Education Act of 1963.
(b) The Unit shall be headed by a Director who shall be placed
in grade 17 of the General Schedule under section 5332 of title 5,
United States Code.
(20 U.S.C. 1135c-1) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86
Stat. 323.
1: Sec. 186 (a) (2) of P.L. 92-318 provides as follows:
"(2) The positions created by section 1071 and section 1072 of the Higher Education
Act of 1965 shall be in addition to the number of positions placed in the appropriate
grades under section 5108, title 5, United States Code."
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TITLE XI-LAW SCHOOL CLINICAL EXPERIENCE
PROGRAMS
PROGRAM AUTHORIZATION
SEC. 1101. (a) The Commissioner is authorized to enter into grants
or contracts with accredited law schools in the States for the purpose of
paying not to exceed 90 per centum of the cost of establishing or ex-
panding programs in such schools to provide clinical experience to stu-
dents in the practice of law, with preference being given to programs
providing such experience, to the extent practicable, in the preparation
and trial of cases.
(b) Such costs may include necessary expenditures incurred for-
(1) planning;
* (2) training of faculty members and salary for additional
faculty members;
(3) travel and per diem for faculty and students;
(4) reasonable stipends for students for work in the public
service performed as part of any such program at a time other
than during the regular academic year;
(5) equipment and library resources; and
(6) such other items as are allowed pursuant to regulations
issued by the Commissioner.
(c) No law school may receive more than $75,000 in any fiscal year
pursuant to this title.
(d) For the purpose of this title the term "accredited law school"
means any law school which is accredited by a nationally recognized
accrediting agency or association approved by the Commissioner for
this purpose.
(20 U.S.C. 1136) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 281, 82 Stat.
1048; amended June 23, 1972, P.L. 92-318, sec. 191,80 Stat. 323.
APPLICATIONS
SEC. 1102. (a) A grant or contract authorized by this title may be
made by the Commissioner upon application which-
(1) is made at such time or times and contains such informa-
tion as he may prescribe;
(2) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under this
title; and
(3) provides for making such reports, in such form and con-
taining such information as the Commissioner may require to
carry out his functions under this title, and for keeping such
records and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
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(b) The Commissioner shall allocate grants or contracts under this
title in such manner as will provide an equitable distribution of such
grants or contracts throughout the United States among law schools
which show promise of being able to use funds effectively for the pur-
poses of this title.
(20 U.S.C. 1136a) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 281, 82 Stat.
1048-4049; amended June 23, 1972, P.L. 92-318, sec. 191, 86 Stat. 323.
AUTHORIZATION OF APPROPRIATIONS
SEC. 1103. There are authorized to be appropriated $7,500,000 for
each of the succeeding fiscal years ending prior to July 1, 19Th to
carry out the purposes of this title (and planning and related activi-
ties in the initial fiscal year for such purposes).
(20 U.S.C. 113Gb) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 281, 82 Stat.
1049; amended June 23, 1972, P.L. 92-318, sec. 191, 86 Stat. 323.
TITLE XII-GENERAL PROVISIONS
DEFINITIONS
SEC. 1201. As used in this Act-
(a) The term "institution of higher education" means an educa-
tional institution in any State which (1) admits as regular students
only persons having a certificate of graduation from a school provid-
ing secondary education, or the recognized equivalent of such a certifi-
cate, (2) is legally authorized within such State to provide a program
of education beyond secondary education, (3) provides an educational
program for which it awards a bachelor's degree or provides not less
than a two-year program which is acceptable for full credit toward
such a degree, (4) is a public or other nonprofit institution, and (5) is
accredited by a nationally recognized accrediting agency or associa-
tion or, if not so accredited, (A) is an institution with respect to which
the Commissioner has determined that there is satisfactory assurance,
considering the resources available to the institution, the period of
time, if any, during which it has operated, the effort it is making to
meet accreditation standards, and the purpose for which this determi-
nation is being made, that the institution will meet the accreditation
standards of such an agency or association within a reasonable time, or
(B) is an institution whose credits are accepted, on transfer, by not
less than three institutions which are so accredited, for credit on the
same basis as if transferred from an institution so accredited. Such
term also includes any school which provides not less than a one-year
program of training to prepare students for gainful employment m a
recognized occupation and which meets the provision of clauses (1),
(2), (4), and (5). For purpose of this subsection, the Commissioner
shall publish a list of nationally recognized accredit.ing agencies or
associations which he determines to be reliable authority as to the
quality of training offered.
(b) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, Amerioan Samoa, and the Virgin Islands.
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(c) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or associa-
tions no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(d) The term "secondary school" means a school which provides sec-
ondary education as determined under State law except that it does
not include any education provided beyond grade 12.
(e) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(f) The term "Commissioner" means the Coimrnssioner of Edu-
cation.
(g) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a serv-
ice function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts of counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public insti-
tution or agency having administrative control and direction of a
public elementary or secondary school.
(h) The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for the State
supervision of public elementary and secondary schools, or, if there is
no such officer or agency, an officer or agency designated by the Gov-
ernor or by State law.
(i) The term "elementary school" means a school which provides
elementary education including education below grade 1, as deter-
mined under State law.
(j) The term "combination of institutions of higher education"
means a group of institutions of higher education that have entered
into a cooperative arrangement for the purpose of carrying out a com-
mon objective, or a public or private nonprofit agency, organization,
or institution designated or created by a group of institutions of higher
education for the purpose of carrying out a common objective on
their behalf.
(k) The term "gifted and talented children" means, in accordance
with objective criteria prescribed by the Commissioner, children who
have outstanding intellectual ability or creative talent.
(1) The term "school or department of divinity" means an institu-
tion or a department or a branch of an institution the program of
instruction of which is designed for the education of students (A) to
prepare them to become ministers of religion or to enter upon some
other religious vocation (or to provide continuing training for any
such vocation), or (B) to prepare them to teach theological subjects.
(20 [I.S.O. 1141) Enacted Nov. 8, 1965, P.L. 89-329, Title VIII, see. 801, 78 Stat.
1269; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 293, and 294, 82 Stat.
1042 and 1050-51; amended April 13, 1970, P.L. 91-230, sec. 806(b), 84 Stat. 192;
subsection (1) added June 23, 1972, P.L. 92-318, sec. 131(d) (1), 86 Stat. 260.
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STATE POSTSECONDARY EDUCATtON COMMISSIONS
SEC. 1202. (a) Any State which desires to receive assistance under
section 1203 or title X shall establish a State Commission or designate
an existing State agency or State Commission (to be known as the State
Commission) which is broadly and equitably representative of the
general public and public and private nonprofit and proprietary
institutions of postsecondary education in the State including com-
munity colleges (as defined in title X), junior colleges, postsecondary
vocational schools, area vocational schools, technical institutes, four-
year institutions of higher education and branches thereof.
(b) Such State Commission may establish committees or task
forces, not necessarily consisting of Commission members, and utilize
existing agencies or organizations, to make studies, conduct surveys,
submit recommendations, or otherwise contribute the best available
expertise from the institutions, interests groups. and segments of the
society most concerned with a particular aspect of the Commission's
work.
(c) (1) At any time after July 1, 1973, a State may designate the
State Commission established under subsection (a) as the State agency
or institution required under section 105, 603, or 704. In such a case, the
State Commission established under this section shall be deemed to
meet the requirements of such sections for State agencies or institu-
tions.
(2) If a State makes a designation referred to in paragraph (1)-
(A) the Commissioner shall pay the State Commission the
amount necessary for the proper and efficient administration of
the Commission of the functions transferred to it by reason of
the designation; and
(B) the State Commission shall be considered the successor
agency to the State agency or institution with respect to which the
designation is made, and action theretofore taken by the State
agency or institution shall continue to be effective until changed
by the State Commission.
(d) Any State which desires to receive assistance under title VI
or under title VII but which does not desire, after June 30, 1973,
to place the functions of State Commissions under such titles under
the authority of the State Commission established pursuant to sub-
section (a) shall establish for the purposes of such titles a State Com-
mission which is broadly representative of the public and of institu-
tions of higher education (including junior colleges and technical
institutes) in the State. Such State Commissions shall have the sole
responsibility for the administration of State plans under such titles
VI and VII within such State.
(20 U.S.C. 1142a) Enacted June 23, 1972. P.L. 92-318, sec. 19~, 86 Stat. 324.
COMPREHENSIVE STATEWIDE PLANNING
SEC. 1203. (a) The Commissioner is authorized to make grants to
any State Commission established pursuant to section 1202(a) to
enable it to expand the scope of the studies and planning required in
title X through comprehensive inventories of, and studies with respect
to, all public and private po~t~ccondary cdueatioiial re~ource~ in the
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State, including planning necessary for such resources to be better
coordinated, improved, expanded, or altered so that all persons within
the State who desire, and who can benefit from, postsecondary educa-
tion may have an opportunity to do so.
(b) The Commissioner shall make technical assistance available to
State Commissions, if so requested, to assist them in achieving the
purposes of this section.
(c) There are authorized to be appropriated such sums as may be
necessary to carry out this section.
(20 U.S.C. 1142b) Enacted June 23, 1972, P.L. 92-318, sec. 196, 86 Stat. 325.
ADVISORY COUNCIL ON GRADUATE EDUCATION
SEC. 1205. (a) There is hereby established in the Office of Educa-
tion an Advisory Council on Graduate Education (hereafter in this
section referred to as the "Council"), consisting of the Commissioner,
who shall be Chairman, of one representative each from the Office of
Science and Technology in the Executive Office of the President, the
National Science Foundation, and the National Foundation on the
Arts and the Humanities, and of members appointed by the Commis-
sioner without regard to the civil service or classification laws. Such
appointed members shall be selected from among leading authorities in
the field of education, except that at least one of them shall be a gradu-
ate student.
(b) The Council shall advise the Commissioner on matters of gen-
eral policy arising in the administration by the Commissioner of pro-
grams relating to graduate education.
(20 U.S.C. 1145) Enacted Oct. 16, 1968, P.L. 90-575, title II, sec. 291, 82 Stat.
1049-4050; subsections (c) and (d) repealed Apr. 13, 1970, P.L. 91-230, sec.
401(h) and superseded by part C of title IV of P.L. 90-247, as amended.
COST OF EDUCATION DATA
SEC. 1206. The Commissioner may require as a condition of eligi-
bility of any institution of higher education-
(1) for institutional aid, at the earliest practical date, or
(2) for student aid, after June 30, 1973,
that such institution supply such cost-of-education data as may be in
the possession of such institution.
(20 U.S.C. 1145a) Enacted June 23, 1972, P.L. 92-318, see. 197, 86 Stat. 325.
HIGHER EDUCATION AMENDMENTS OF 1968
(P.L. 90-575)
AN ACT To amend the Higher Education Act of 1965, the National Defense Edu-
cation Act of 1958, the National Vocational Student Loan Insurance Act of
1965, the Higher Education Facilities Act of 1963, and related Acts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act, with
the following table of contents, may be cited as the "Higher Education
Amendments of 1968".
* * * * * * *
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TITLE V-MISCELLANEOUS
* * * *
DUPLICATION OF BENEFITS
SEC. 506. No grant, award, or loan of assistance to any student under
any Act amended by this Act shall be considered a duplication of bene-
fits for the purposes of section 1781 of title 38, United States Code.
(20 U.S.C. 1060) Enacted Oct. 16, 1968, P.L. 90-575, Title V, sec. 506, 82 Stat.
1063.
FINANCIAL AID TO STUDENTS NOT TO BE TREATED AS INCOME OR RESOURCES
UNDER CERTAIN PROGRAMS
SEC. 507. For the purpose of any program assisted under title I,
IV, X, XIV, XVI, or XIX of the Social Security Act, no grant or
loan to any undergraduate student for educational purposes made or
insured under any program administered by the Commissioner of
Education shall be considered to be income or resources.
(20 U.S.C. 1080) Enacted Oct. 16, 1968, P.L. 90-575, Title V, sec. 507, 82 Stat.
1063.
EMERGENCY INSURED STUDENT LOAN ACT OF 1969
(P.L. 91-95)
AN ACT To authorize special allowances for lenders with respect to insured
student loans under title IV-B of the Higher Education Act of 1965 when
necessary in the light of economic conditions in order to assure that students
will have reasonable access to such loans for financing their education, and to
increase the authorizations for certain other student assistance programs.
Be it enacted by the Senate and Hou~se of Representatives of the
United States of America in Congress assen2b7ed, That this Act may
be cited as the "Emergency Insured Student Loan Act of 1969".
INCENTIVE PAYMENTS ON INSURED STUDENT LOANS
SEC. 2. (a) (1) Whenever the Secretary of Health, Education, and
Welfare determines that the limitations on interest or other condi-
tions (or both) applicable under part B of title IV of the Higher
Education Act of 1965 (Public Law 89-329) to student loans eligible
for insurance by the Commissioner of Education or under a State or
nonprofit private insurance program covered by an agreement under
section 428(b) of such Act, considered in the light of the then current
economic conditions and in particular the relevant money market.
are impending or threatening to impede the carrying out of the pur-
poses of such part B and have caused the return to holders of such
loans to be less than equitable, he is hereby authorized, by regulation
applicable to a three-month period specified therein, to prescribe
(after consultation with the Secretary of the Treasury and the heads
of other appropriate agencies) a special allowance to be paid by the
Commissioner of Education to each holder of an eligible loan or loans.
*The amount of such allowance to any holder with respect to such
period shall be a percentage, specified in such regulation, of the aver-
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age unpaid balance of disbursed principal (not including interest
added to principal) of all eligible loans held by such holder during
such period, which balance shall be computed in a manner specified
in such regulation; but no such percentage shall be set at a rate in
excess of 3 per centum per annum.
(2) A determination pursuant to paragraph (1) may be made by
the Secretary of Health, Education, and Welfare, on a national, re-
gional, or other appropriate basis and the regulations based thereon
may, accordingly, set differing allowance rates for different regions or
other areas or classifications of lenders, within the limit of the maxi-
mum rate set forth in paragraph (1).
(3) For each three-month period with respect to which the Secre-
tary of Health, Education, and Welfare prescribes a special allow-
ance, the determination required by paragraph (1) shall be made, and
the percentage rate applicable thereto shall be set, by promulgation
of a new regulation or by amendment to a regulation applicable to a
prior period or periods.
(4) The special allowance established for any such three-month
period shall be payable at such time, after the close of such period, as
may be specified by or pursuant to regulations promulgated under this
Act. The holder of a loan with respect to which any such allowance is
to be paid shall be deemed to have a contractual right, as against the
United States, to receive such allowance from the Commissioner.
(5) Each regulation or amendment, prescribed under this Act,
which establishes a special allowance with respect to a three-month
period specified in the regulation or amendment shall, notwithstand-
ing section 505 of the Higher Education Amendments of 1968, apply
to the three-month period immediately preceding the period in which
such regulation or amendment is published in the Federal Register,
except that the first such regulation may be made effective as of
August 1, 1969, and notwithstanding other provisions of this section
requiring a three-month period, may be made effective for a period of
less than three months.
(6) (A) The Secretary of Health, Education, and Welfare shall
determine, with respect to the student insured loan program as author-
ized under part B of title IV of the Higher Education Act of 1965 and
this Act, whether there are any practices of lending institutions which
may result in discrimination against particular classes or categories of
students, including the requirement that as a condition to the receipt
of a loan the student or his family maintain a business relationship
with the lender, the consequences of such requirement, and the prac-
tice of refusing to make loans to students for their freshman year of
study, and also including any discrimination on the basis of sex~ color.
creed, or national origin. The Secretary shall make a report with
respect to such determination, and his recommendations, to the Con-
gress on or before March 1, 1970.
(B) If, after making such determination, the Secretary finds that, in
any area, a substantial number of eligible students are denied a fair
opportunity to obtain an insured student loan because of practices of
lending institutions in the area which limit student participation, (i)
he shall take such steps as may be appropriate, after consultation with
the appropriate State guarantee agencies and the Advisory Council on
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Financial Aid to Students, relating to such practices and to encourage
the development in such area of a plan to increase the availability of
financial assistance opportunities for such students, and (ii) he shall,
within sixty days after making such determination, adopt or amend
appropriate regulations pertaining to the student insured loan pro-
gram to prevent, where practicable, and practices which he finds have
denied loans to a substantial number of students.
(7) As used in this Act, the term "eligible loan" means a loan made
on or after August 1, 1969, and prior to July 1, 1975 which is insured
under title TV-B of the Higher Education Act of 1965. or made under
a program covered by an agreement under section 428 (b) of such Act,
(b) The Commissioner of Education shall pay the holder of an
eligible loan, at such time or times as are specified in regulations, a spe-
cial allowance prescribed pursuant to subsection (a), subject to the
condition that such holder shall submit to the Commissioner, at such
time or times and in such manner as he may deem proper, such infor-
mation as may be required by regulation for the purpose of enabling
the Secretary of Health, Education, and Welfare and the Commis-
sioner to carry out their functions under this Act and to carry out the
purposes of this Act.
(c) (1) There are hereby authorized to be appropriated for special
allowances as authorized by this section not to exceed $20,000,000 for
the fiscal year ending June 30, 1970, $40,000,000 for the fiscal yeaT
ending June 30, 1971, and for succeeding fiscal years such sums as may
be necessary
(2) Sums available for expenditure pursuant to appropriations
made for the fiscal year ending June 30, 1969, under section 421(b)
(other than clause (1) thereof) of the Higher Education Act of 1965
shall be available for payment of special allowances under this Act.
The authorization in paragraph (1) shall be reduced by the amount
made available pursuant to this paragraph.
LAND-GRANT COLLEGES
FIRST MORRILL ACT
AN ACT Donating public lands to the several States and Territories which may
provide colleges for the benefit of agriculture and the mechanic arts
Be it enacted by the Senate and Honse of Representatives of the
United States of America in Congress ci.sseni.bled. That there be
granted to the several States, for the purposes hereinafter mentioned.
an amount of public land, to be apportioned to each State a quantity
equal to thirty thousand acres for each Senator and Representative in
Congress to which the States are respectively entitled by the appor-
tionment under the census of 1860: Provided, That no mineral lands
shall be selected or purchased under the provisions of this act.
(7 U.S.C. 301) Enacted July 2, 1862, ch. 130, sec. 1, 12 Stat. 503.
SEC. 2. And be it further enacted, That the land aforesaid, after be-
ing surveyed, shall be apportioned to the several States in sections or
subdivisions of sections, not less than one-quarter of a section; and
wherever there are public lands in a State, subject to sale at private
entry at one dollar and twenty-five cents per acre, the quantity to
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which said State shall be entitled shall be selected from such lands,
within the limits of such State; and the Secretary of Interior is
hereby directed to issue to each of the States, in which there is riot the
quantity of public lands subject to sale at private entry, at one dollar
and twenty-five cents per acre, to which said State may be entitled
under the provisions of this act, land script to the amount in acres for
the deficiency of its distributive share; said script to be sold by said
States and the proceeds thereof applied to the uses and purposes pre-
scribed in this act, and for no other purposes whatsoever: Provided,
That in no case shall any State to which land script may thus be issued
be allowed to locate the same within the limits of any other State, or of
any territory of the United States; but their assignees may thus locate
said land script upon any of the unappropriated lands of the United
States subject to sale at private entry, at one dollar and twenty-five
cents, or less, an acre: And provided further, That not more than one
million acres shall be located by such assignees in any one of the
States: And provided further, That no such location shall be made
before one year from the passage of this act.
(7 U.S.C. 302) Enacted July 2, 1862, ch. 130, sec. 2, 12 Stat. 503.
SEC. 3. And be it further enacted, That all the expenses of manage-
ment, superintendence, and taxes from date of selection of said lands,
previous to their sales, and all expenses incurred in the management
and disbursement of moneys which may be received therefrom, shall
be paid by the States to which they may belong, out of the treasury of
said States, so that the entire proceeds of the sale of said lands shall
be applied, without any diminuation whatever, to the purposes here-
inafter mentioned.
(7 U.S.C. 303) Enacted July 2, 1862, ch. 130, see. 3, 12 Stat. 504.
SEC. 4. That all moneys derived from the sale of lands aforesaid
by the States to which lands are apportioned and from the sale of
land scrip hereinbefore provided for shall be invested in bonds of the
United States or of the States or some other safe bonds; or the same
may be invested by the States having no State bonds in any maimer
after the legislatures of such States shall have assented thereto and
engaged that such funds shall yield a fair and reasonable rate of re-
turn, to be fixed by the State legislatures, and that the principal
thereof shall forever remain unimpaired: Provided, That the moneys
so invested or loaned shall constitute a perpetual fund, the capital of
which shall remain forever undiminished (except so far as may be
provided in section 5 of this act), and the interest of which shall be
inviolably appropriated, by each State which may take and claim the
benefit of this act, to the endowment, support, and maintneance of at
least one college where the leading object shall be, without excluding
other scientific and classical studies and including military tactics, to
teach such branches of learning as are related to agriculture and the
mechanic arts, in such manner as the legislatures of the States may
respectively prescribe, in order to promote the liberal and practical
education of the industrial classes in the several pursuits and profes-
sions in life.
(7 U.S.C. 304) Enacted July 2, 1862, ch. 130, sec. 4, 12 Stat. 504; amended
Mar. 3, 1883, ch. 102, 22 Stat. 484; amended Apr. 13, 1926, P.L. 113, 69th Cong.,
44 Stat. 247.
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SEC. 5. And be it further enacted, That the grant of land and land
scrip hereby authorized shall be made on the following conditions, to
which, as well as the provisions hereinbefore. contained, the pre-
vious assent of the several States shall be signified by legislative acts:
First. If any portion of the fund invested, as provided by the fore-
going section, or any portion of the interest thereon, shall, by any
action or contingency, be diminished or lost., it shall be replaced by
the State to which it belongs, so that the capital of the fund shall re-
main forever undiminished; and the annual interest shall be regularly
applied without diminution to the purposes mentioned in the fourth
section of this act, except that a sum, not exceeding 10 per centum
upon the amount received by any State under the provisions of this
act, may be expended for the purchase of lands for sites or experi-
mental farms, whenever authorized by the respective legislatures of
said States;
Second. No portion of said fund, nor the interest thereon, shall be
applied, directly or indirectly, under any pretense whatsoever, to the
purchase, erection, preservation, or repair of any building or build-
ings;
Third, Any State which may take and claim the benefit of the pro-
visions of this act shall provide, within five years, at least not less than
one college, as prescribed in the fourth section of this act, or the grant
to such State shall cease; and said State shall be bound to pay the
United States the amount received of any lands previously sold, and
that the title to purchasers under the State shall be vaild;
Fourth. An annual report shall be made regarding the progress
of each college, recording any improvements a.nd experiments made,
with their costs and results, and such other matters, including State
industrial and economical statistics, as may be supposed useful; one
copy of which shall be transmitted by mail free, by each, to all the
other colleges which may be endowed under the provisions of this act,
and also one copy to the Secretary of the Interior;
Fifth. When lands shall be selected from those which have been
raised to double the minimum price in consequence of railroad grants,
they shall be computed to the States at the maximum price, and the
number of acres proportionately diminished;
Sixth. No State, while in a condition of rebellion or insurrection
against the Government of the United States, shall be entitled to the
benefit of this act;
Seventh. No State shall be entitled to the benefits of this act. unless
it shall express acceptance thereof by its legislature within three years
from July 23, 1866: Provided, That when any Territory shall become a
State and be admitted into the Union such new State shall be entitled
to the benefits of the said act of July second, eighteen hundred and
sixty-two, by expressing the acceptance therein required within three
years from the date of its admission into the Union, and providing
the college or colleges within five years after such acceptance, as pre-
scribed in this act. .
(7 U.S.C. 305) Enacted July 2, 1862, cli. 130, sec. 5, 12 Stat. 504; amended
Mar. 3, 1873, ch. 231, sec. 3, 17 Stat. 559.
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SEC. 6. * * *
(7 U.S.C. 306) Enacted July 2, 1862, ch. 130, sec. 6, 12 Stat. 505; repealed
Dec. 16, 1930, P.L. 547, 71st Cong., sec. 1, 46 Stat. 1028.
SEC. 7. And be it further enacted, That land officers shall receive the
same fees for locating land scrip issued under the provisions of this act
as is now allowed for the location of military bounty land warrants
under existing laws: Provided, That their maximum compensation
shall not be thereby increased.
(7 U.S.C. 307) Enacted July 2, 1862, cli. 130, sec. 7, 12 Stat. 505.
SEC. 8. And be it further enacted, That the governors of the several
States to which scrip shall be issued under this act shall be required to
report annually to Congress all sales made of such scrip until the
whole shall be disposed of, the amount received for the same, and what
appropriation has been made of the proceeds.
(7 U.S.C. 308) Enacted July 2, 1862, ch. 130, sec. 8, 12 Stat. 505.
LEGISLATIVE HISTORY
FIRST MORRILL ACT
37th Uongress*_S. 208: Reported, p. 496, May 16, 1862; amended and passed
Senate, p. 628, June 10, 1862. Passed House, p. 880, June 17, 1862. Approved,
p. 473, July 2, 1862.
Amendments (amends First Morrill)
38th Uongress*~_S. 12: Passed Senate, p. 118, Jan. 2, 1864. House reported,
p. 428, Mar. 25, 1864. Passed House, p. 504, Mar. 25, 1864.
39th Congress*_ll.R. 50: House reported, p. 161, Jan. 18, 1866; second report,
with amendment, p. 441, Mar. 21, 1866; third report, with amendment, p. 538,
Apr. 10, 1866; fourth report, with amendment, p. 542, Apr. 11, 1866. Amended
and passed, p. 543, Apr. 11, 1866. Senate reported, p. 626, July 7, 1866. Amended
and passed, p. 636. July 11, 1866. House concurred with Senate amendment,
p. 1044, July 18, 1866. Approved, p. 1088, July 23, 1866.
42d Uongress*.~_S. 064: Senate report, p. 541, April 12, 1872. Passed Senate,
p. 636, Apr. 30, 1872. House reported without amending, Jan. 16, 1873. Passed
House, p. 182, Jan. 16, 1873. Approved, p. 182, Mar. 3, 1872.
47th Gongress*_S. 1820: Senate reported, p. 879, June 27, 1882. Amended
and passed Senate, p. 879, June 27, 1882. Passed House, p. 539, Mar. 2, 1883.
Approved, p. 655, Mar. 3, 1883.
SECOND MORRILL ACT
AN ACT To apply a portion of the proceeds of the public lands to the more com-
plete endowment and support of the colleges for the benefit of agriculture and
mechanic arts established under the provisions of an act of Congress approved
July second, eighteen hundred and sixty-two
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there shall be,
and hereby is, annually appropriated, out of any money in the Treas-
ury not otherwise appropriated, to be paid as hereinafter provided, to
each State and Territory for the more complete endowment and main-
tenance of agricultural colleges now established, or which may here-
after be established, in accordance with the act of Congress approved
July second, eighteen hundred and sixty-two, and the act of Congress
5Asterisks refer to page numbers in House and Senate Journals.
44-078 0 - 75 - 29
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appproved August thirtieth, eighteen hundred and ninety, the sum of
five thousand dollars, in addition to the sums named in said act for
the fiscal year ending June thirtieth, nineteen hundred and eight. and
an annual increase of the amouut of such appropriation thereafter for
four years by an additional sum of five thousand dollars over the pre-
ceding year, and the annual sum to be paid thereafter to each State and
Territory shall be fifty thousand dollars, to be applied only' to instruc-
tion in agriculture, the mechanic arts, the English language and the
various branches of mathematical, physical, natural, and economic
science, with special reference to their applications in the industries of
life, and to the facilities for such instruction: Provided. That said col-
leges may use a portion of this money for providing courses for the
special preparation of instructors for teaching the elements of agri-
culture and the mechanic arts: Provided, That no money shall be paid
out under this act to any State or Territory for the support and main-
tenance of a college where a distinction of race or color is made in the
admission of students, but the establishment and maintenance of such
colleges separately for white and colored students shall be held to be a
compliance with the provisions of this act if the funds received in
such State or Territory be equitably divided as hereinafter set forth:
Provided, That in any State in which there has been one college estab-
lished in pursuance of the act of July second, eighteen hundred and
sixty-two, and also in which an educational institution of like charac-
ter has been established, or may be hereafter established~ and is on Au-
gust 30, 1890 aided by such State from its revenue, for the education of
colored students in agriculture and the mechanic arts, however named
or styled, or whether or not it has received money prior to August 30,
1890, under the said act, the legislature of such a State may propose
and report to the Secretary of Health, Education, and Welfare a just
and equitable division of the fund to be received under this act between
one college for white students and one institution for colored students
established as aforesaid, which shall be divided into two parts and
paid accordingly, and thereupon such institution for colored students
shall be entitled to the benefits of this act and subject to its provisions.
as much as it would have been if it had been included under the act of
eighteen hundred and sixty-two, and the fulfillment of the foregoing
provisions shall be taken as a compliance with the provision in refer-
ence to separate colleges for white and colored students.
(7 U.S.C. 322, 323) Enacted Aug. 30, 1890, ch. 841, sec. 1, 26 Stat. 417; amended
Mar. 4, 1907, P.L. 242, 59th Cong., 34 Stat. 1282; authority transferred with
the Office of Education to the Federal Security Agency July 1, 1939, 1939 Reorg.
Plan No. 1, sees. 201, 204, 4 P.R. 2728, 53 Stat. 1424; transferred to the Dept. of
HEW. Apr. 11, 1953, 1953 Reorg. Plan No. 1, sees. 5, 8, 18 P.R. 2053, 67 Stat. 631.
SEC. 2. That the sums hereby appropriated to the States and Terri-
tories for the further endowment and support of colleges shall be
annually paid on or before the thirty-first day of July of each year, by
the Secretary of the Treasury, upon the warrant of the Secretary of
Health, Education, and Welfare, out of the Treasury of the United
States, to the State or Territorial treasurer, or to such officer as shall
be designated by the laws of such State or Territory to receive the
same, who shall, upon the order of the trustees of the colleges, or the
institution for colored students, immediately pay over said sums to the
treasurers of the respective colleges or other institutions entitled to
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receive the same, and such treasurers shall be required to report to
the Secretary of Agriculture and to the Secretary of Health, Educa-
tion, and Welfare, on or before the first day of September of each year,
a detailed statement of the amount so received and of its disbursement.
The grants of moneys authorized by this Act are made subject to the
legislative assent of the several States and Territories to the purpose
of said grants: Provided, That payments of such installments of the
appropriation herein made as shall become due to any State before the
adjournment of the regular session of legislature meeting next after
the passage of this Act shall be made upon the assent of the governor
thereof, duly certified to the Secretary of the Treasurer.
(7 U.S.C. 324) Enacted Aug. 30, 1890, cli. 841, sec. 2, 26 Stat. 418.
SEc. 3. That if any portion of the moneys received by the designated
officer of the State or Territory for the further and more complete
endowment, support, and maintenance of colleges, or of institutions
for colored students, as provided in this act, shall, by any action
or contingency, be diminished or lost, or be misapplied, it shall be re-
placed by the State or Territory to which it belongs, and until so re-
placed no subsequent appropriation shall be apportioned or paid to
such State or Territory; and no portion of said moneys shall be ap-
plied, directly or indirectly, under any pretense whatever, to the pur-
chase, erection, preservation, or repair of any building or buildings.
An annual report by the president of each of said colleges shall be
made to the Secretary of Agriculture, as well as to the Secretary of
Health, Education, and Welfare, regarding the condition and progress
of each college, including statistical information in relation to its re-
ceipts and expenditures, its library, the number of its students and
professors, and also as to any improvements and experiments made
under the direction of any experiment stations attached to said col-
leges, with their costs and results, and such other industrial and
economical statistics as may be regarded as useful, one copy of which
shall be transmitted by mail free to all other colleges further endowed
under this act.
(7 U.S.C. 325) Enacted Aug. 30, 1890, cli. 841, sec. 3, 26 Stat. 418.
SEC. 4. That on or before the first day of July in each year, after
the passage of this act, the Secretary of Health, Education, and Wel-
fare shall ascertain and certify to the Secretary of the Treasury as to
each State and Territory whether it is entitled to receive its share of
the annual appropriation for colleges, or of institutions for colored
students, under this act, and the amount which thereupon each is en-
titled, respectively, to receive. If the Secretary of Health, Education,
and Welfare shall withhold a certificate for any State or Territory of
its appropriation, the fact and reasons therefor shall be reported to
the President, and the amount involved shall be kept separate in the
Treasury until the close of the next Congress, in order that the State
or Territory, may, if it should so desire, appeal to Congress from the
determination of the Secretary of Health, Education, and Welfare.
If the next Congress shall not direct such sum to be paid, it shall be
covered into the Treasury. And the Secretary of Health, Education,
and Welfare is hereby charged with the proper administration of
this law.
(7 U.S.C. 321,326) Enacted Aug. 30, 1890, cli. 841, sec. 4, 26 Stat. 419.
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SEC. ~5. There is authorized to be appropriated annually for pay-
ment to the Virgin Islands and Guam the amount they would receive
under this Act if they were States. Sums appropriated under this sec-
tion shall be treated in the same manner and be subject to the same
provisions of law, as would be the case if they had been appropriated
by the first sentence of this Act.
(7 U.S.C. 327) Enacted June 23, 1972, P.L. 92-318, sec. 506(c), 86 Stat. 350.
SEC. 6. Congress may at any time amend, suspend. or repeal any
or all of the provisions of this act.
(7 U.S.C. 328) Enacted Aug. 30, 1890, ch. 841, sec. 5,26, Stat. 419.
LEGISLATIVE HIsToRY
SECOND MORRILL ACT
51st Congress-S. 3714; S. Rept. 1028, P. 4821; amended and passed Senate,
p. 6372, June 23, 1890, H. Rept. 2697, P. 7228; amended and passed House, p.
8839, Aug. 19, 1890. Senate concurs in House amendment, p. 8874, Aug. 20, 1890.
Approved, p. 9388. Aug. 28, 1890.
59th Congress-P.L. 59-242, H.R. 24815; H. Rept. 6597; amended and passed
House, p. 1987, Jan. 30, 1901. S. Rept. 0829; amended and passed Senate, p. 3888,
Feb. 25, 1907. Second Conference report agreed to: p. 4531, Mar. 2, 1907; p. 4545,
Mar. 3, 1907. Approved Mar. 4, 1907.
70th Congress-HR. 12064 (repeals sec. 5 of Second Morrill Act, P.L. 70-611)
H. Rept. 1757, p. 9134; amended and passed House, p. 9417, May 21, 1928. 5.
Rept. 1320, p. 10204; amended and passed Senate, p. 10616, May 29, 1928. House
concurs in Senate amendment, p. 10741, May 29, 1928. Approved May 29, 1928,
p. 10888.
BANKHEAD-JONES ACT
AN ACT Providing for research into basic laws and principles relating to
agriculture, further development of cooperative agricultural extension work,
and more complete endowment and support of land-grant colleges.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
* * * * *
SEC. 22. In order to provide for the more complete endowment and
support of the colleges in the several States, Puerto Rico, the Virgin
Islands, and Guam entitled to the benefits of the Act entitled "An Act
donating public lands to the several States and Territories which may
provide colleges for the benefit of agriculture and the mechanic acts,"
approved July 2, 1862, as amended and supplemented (7 IT.S.C. 301-
328), there are hereby authorized to be appropriated annually. out of
any money in the Treasury not otherwise appropriate, the following
amounts:
(a) For the first fiscal year beginning after the date of enactment
of this Act, and for each fiscal year thereafter, $8,100,000; and
(b) For the first fiscal year beginning after the date of enactment
of this Act, and for each fiscal year thereafter $4,360,000.
The sums appropriated in pursuance of paragraph (a) shall be
paid annually to the several States, Puerto Rico, the Virgin Islands,
and Guam in equal shares. The sums appropriated in pursuance of
paragraph (b) shall be in addition to sums appropriated in pursuance
of paragraph (a) and shall be allotted and paid annually to each of
the several States, Puerto Rico, the Virgin Islands, and Guam in the
proportion to which the total population of each State, Puerto Rico,
the Virgin Islands, and Guam bears to the total population of all the
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States, Puerto Rico, the Virgin Islands, and Guam as determined by
the last preceding decennial census. Sums appropriated in pursuance
of this section shall be in addition to sums appropriated or authorized
under such Act of July 2, 1862, as amended and supplemented, and
shall be applied only for the purposes of the colleges defined in such
Act, as amended and supplemented. The provisions of law applicable
to the use and payment of sums under the Act entitled "An Act to
apply a portion of the proceeds of the public lands to the more com-
plete endowment and support of the colleges for the benefit of agri-
culture and the mechanic arts established under the provisions of an
Act of Congress approved July 2, 1862," approved August 30, 1890, as
amended and supplemented, shall apply to the use and payment of
sums appropriated in pursuance of this section.
(7 U.S.C. 329) Enacted June 29, 1935. P.L. 182, 74th Cong., see. 22, 49 Stat.
439; amended June 29, 1952, P.L. 390, 82nd Cong., secs. 1-4, 66 Stat. 135, amended
July 14, 1960, P.L. 86-658, sec. 1, 74 Stat. 525; amended June 23, 1972, P.L.
92-318, sec. 506(d), 86 Stat. 350, 351.
EDUCATION AMENDMENTS OF 1972 (PUBLIC LAw 92-318)
LAND-GRANT STATUS FOR THE COLLEGE OF THE VIRGIN ISLANDS
AND THE UNIVERSITY OF GUAM
SEC. 506. (a) The College of the Virgin Islands and the University
of Guam shall be considered land-grant colleges established for the
benefit of agriculture and mechanic arts in accordance with the provi-
sions of the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C.
301-305, 307, 308).
(b) In lieu of extending to the Virgin Islands and Guam those pro-
visions of the Act of July 2, 1862, as amended, relating to donations of
public land or land scrip for the endowment and maintenance of col-
leges for the benefit of agriculture and the mechanic arts, there is
authorized to be appropriated $3,000,000 to the Virgin Islands and
$3,000,000 to Guam. Amounts appropriated pursuant to this section
shaH be held and considered to have been granted to the Virgin Islands
and Guam subject to the provisions of that Act applicable to the
proceeds from the sale of land or land scrip.
Enacted June 23, 1972, P.L. 92-318, sec. 506, 86 Stat. 350.
PART TV-EDUCATIONAL RESEARCH, EXPERIMENTA-
TION, AND NATIONAL EDUCATION PRIORITIES
COOPERATIVE RESEARCH ACT (P.L. 531, 83im CONG.), AS AMENDED'
AN ACT To authorize cooperative research in education
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
PURPOSE
SEC. 1. The purpose of this Act is to enable the Office of Education
more effectively to accomplish the purposes and to perform the duties
for which it was originally established.
1 EffectIve 3uly 1, 1975, the Cooperative Research Act is replaced by the provisions of
the Special Projects Act, q.v.
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(20 TJ.S.C. 331) Provision with similar authority enacted July 26, 1954, P.L.
531, 83rd Cong., sec. 1(a), 68 Stat. 533. Enacted April 11, 1965, P.L. 89-10,
Title IV, sec. 401, 79 Stat. 44, as sec. 1 of P.L. 531, 83rd Con.
EDUCATIONAL RESEARCH AND RESEARCH TRAINING
SEC. 2(a) (1). In order to assist the Commissioner in carrying out
the purpose and duties of the Office of Education, the Commissioner
is authorized, during the period beginning July 1, 1972, and ending
June 30, 1976, to make grants to, and contracts with, public and pri-
vate institutions, agencies, and organizations for the dissemination of
information, for surveys, for exemplary projects in the field of educa-
tion, and for the conduct of studies related to the management of the
Office of Education, except that no such grant may be made to a pri-
vate agency, organization, or institution other than a nonprofit one.
(2) No grant shall be made or contract or jointly financed coopera-
tive arrangement entered into under this subsection until the Commis-
sioner has obtained the advice and recommendations of a panel of spe-
cialists who are not employees of the Federal Government and who
are competent to evaluate the proposals as to the sounftness of their
design, the possibilities of securing productive results, th~ adequacy
of resources to conduct the proposed research, surveys, or demonstra-
tions, and their relationship to other similar educational research or
dissemination progams already completed or in progress.
(d) The Commissioner shall transmit to the Congress annually
a report concerning the research, surveys, and demonstrations, the
information disseminating activities, and the training in research
initiated under this Act, the recommendations made by research spe-
cialists pursuant to subsection (a) (2), and any action taken with
respect to such recommendations.
(e) (1) The Commissioner shall establish in the Office of Education
an Advisory Council on Research and Development., consisting of
fifteen members appointed, without regard to the civil service laws,
by the Commissioner with the approval of the Secretary of Health,
Education, and Welfare. The Commissioner shall appoint one such
member as Chairman. Such members shall include persons recognized
as authorities in the field of educational research and development or
in related fields.
(2) The Advisory Council shall advise the Commissioner with
respect to matters of general policy arising in the administration of
this Act.
(20 U.S.C. 331a) Provisions with similar authority enacted July 26, 1954, P.L.
531, 83d Cong., sec. 1, 68 Stat. 533. Enacted April 11, 1965, P.L. 89-10, Title IV;
sec. 401, 79 Stat. 44, as sec. 2 of P.L. 531, 83d Cong.; amended Nov. 3. 1966. P.L.
89-750, Title I, sec. 141, 80 Stat. 1202; amended Jan. 2. 1968. P.L. 90-247. Title
VII, sec. 706, 81 Stat. 820, amended April 13, 1970. P.L. 91-230. Title I, sec.
143(c), Title VIII, sees. 808, 809(c), 84 Stat. 151. 193. 194: amended June 23.
1972, P.L. 92-318, sec. 303(a) (1), 86 Stat. 333; subsections (b) and (c) repea'ed
June 23, 1972, P.L. 92-318, see. 303(a) (1), 86 Stat. 333.
SEC. 3. There are authorized to be appropriated for purposes of
section 2, $58,000,000 for the fiscal year ending June 30. 1973.
$68.000.000 for the fiscal year ending June 30, 1974, and $78,000.000
for the fiscal year ending June 30, 1975.
(20 U.S.C. 332) Enacted July 26, 1954, P.L. 531, 83rd Cong., sec. 2, 68 Stat. 533;
redesignated as sec. 3 and amended April 11, 1965. P.L. 89-10, Title IV, sees.
401-402, 79 Stat. 44, 46; amended June 23, 1972, P.L. 92-318, see. 303 (a) (2),
86 Stat. 333.
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CONSTRUCTION OF REGIONAL FACILITIES FOR RESEARCI-I AND
RELATED PURPOSES
SEC. 4. (a) There is authorized to be appropriated over a period of
five fiscal years beginning with the fiscal year ending June 30, 1966,
$100,000,000 in the aggregate, to enable the Commissioner to ca.rry
out the purposes of this section. Sums so appropriated shall remain
available until expended for payments with respect to projects for
which applications have been filed under this section before July 1,
1970, and approved by the Commissioner before July 1, 1974.
(b) Whenever the Commissioner finds that the purposes of this
Act can best be achieved through the construction of a facility for
research, or for research and related purposes (as defined in this sec-
tion), and that such facility would be of particular value to the Nation
or a region thereof as a national or regional resource for research or
related purposes, he may make a grant for part or all of the cost of
constructing such facility to a university, college, or other appropriate
public or nonprofit private agency or institution competent to engage
in the types of activity for which the facility is to be constructed, or
to a combination of such agencies or institutions, or may construct
or make. arrangements for constructing such facility through con-
tracts for paying part or all of the cost of construction or otherwise.
Title to any facility constructed under this section, if vested in the
United States, may be transferred by the Commissioner on behalf of
the United States to any such college or university or other public
or nonprofit private agency or institution, but such transfer shall be
made subject to the condition that the facility will be operated for
the purposes for which it was constructed and to such other condit.ions
as the Commissioner deems necessary to carry out the objectives of
this title and to protect the interests of the United States.
(d) Payments under this section shall be made in advance or by
way of reimbursement, in such installments consistent with construc-
tion progress, and on such conditions as the Commissioner may
determine.
(e) As used in this section, the term "research and related purposes"
mea.ns research, research training, surveys, or demonstrations in the
field of education, or the dissemination of information derived there-
from, or all of such activities, including (but without limitation)
experimental schools, except that such term does not include research,
research training, surveys, or demonstrations in the field or sectarian
instruction or the dissemination of information derived therefrom.
(20 U.S.C. 332a) Enacted April 11, 1965, P.L. 89--1O, Title IV, sec. 403, 79
Stat. 46; amended Nov. 3, 1966, P.L. 89-750. Title I, sec. 142, SO Stat. 1203; sub-
section (c) repealed April 13, 1970, P.L. 91-230, Title IV, see. 401(g) (2), 84
Stat. 174, and superseded by Title VIII, sec. 423 of P.L. 90-247, Title IV, as
amended (20 U.S.C. 1232(b)) ; sec. 4(a) amended April 13, 1970, P.L. 91-230,
sec. 810, 84 Stat. 194.
DEFINITIONS
SEC. 5. As used in this Act-
(1) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, and the Virgin Islands.
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(2) The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for the State
supervision of public elementary and secondary schools, or, if there is
no such officer or agency, an officer or agency designated by the Gov-
ernor or by State law.
(3) The term "nonprofit" as applied to any agency, organization, or
institution means an agency, organization, or institution owned and
operated by one or more nonprofit corporations or associations no part
of the net earnings of which inures, or may lawfully inure, to the bene-
fit of any private shareholder or individual.
(4) The terms "construction" and "cost of construction" include
(A) the construction of new buildings, and the aquisition, expansion
remodeling, replacement and alteration of existing buildings, includ-
ing architects' fees, but not including the cost of acquisition of land
(except in the case of acquisition of an existing building) or off-site
improvements, and (B) equipping new buildings and existing build-
ings, whether or not acquired, expanded, remodeled, or altered.
(20 U.S.C. 332b) Enacted April 11, 1965, P.L. 89-10, Title IV. sec. 403. 79 Stat.
47; amended Nov. 3, 1966, P.L. 89-750, Title I. sec. 143. 80 Stat. 1203.
SHORT TITLE
SEC. 6. This Act may be cited as the "Cooperative Research Act."
SPECIAL PROJECTS ACT
AN ACT to authorize special projects, surveys, and studies by the
Office o,f Education
PUEPOSE
SEC. 2. It is the purpose of this Act to authorize the Commissioner
of Education (hereinafter referred to as the "Commissioner") to carry
out special projects-
(1) to experiment with new educational and administrative
methods, techniques, and practices;
(2) to meet special or unique educational needs or problems;
and
(3) to place special emphasis on national education priorities.
(20 U.S.C. 1851) Enacted August 21, 1974, P.L. 93-380, sec. 402(a) (1). SS Stat.
544.
CONTRACTING XETHORITY
SEC. 3. (a) The Commissioner is authorized, during the per~oci
beginning July 1, 1975, and ending June 30, 1978, to make contracts
with public and private agencies, orgamzations, associations, institu-
tions, and with individuals in order to carry out the purposes of this
Act as set forth in section 2.
(b) In exercising hiS authority under this section. the Commis-
sioner shall comply with such priorities and preferences as may be
expressly provided by law, with respect to this section.
(20 U.S.C. 1852) Enacted August 21, 1974, P.L. 93-3S0, sec. 402(a) (1), SS Stat.
544, 545.
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APPROPRIATIONS
SEC. 4. (a) (1) In order to enable the Commissioner to make Con-
tracts under section 3, there is authorized, subject to subsection (b),
to be appropriated to the Office of Education $200,000,000 for the fiscal
year ending June 30, 1976, and each of the two succeeding fiscal years.
(2) Sums appropriated pursuant to paragraph (1) shall, not-
withstanding any other provisions of law, unless enacted in express
limitation of this paragraph, remain available until expended.
(b) (1) Not later than February 1 of each year, the Commissioner
shall submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Public Welfare
of the Senate a plan in accordance with which the Commissioner has
determined to expend funds to be appropriated for the succeeding
fiscal year. Such plan shall be accompanied by a report describing each
contract made during the calendar year preceding that fiscal year
under the authority of this Act involving an expenditure in excess
of $100,000.
(2) (A) The funds appropriated pursuant to subsection (a), for any
fiscal year shall be expended in accordance with the plan submitted for
that year pursuant to paragraph (1), unless prior to sixty days after
the submission of such plan, either the Committee on Education and
Labor of the House of Representatives or the Committee on Labor
and Public Welfare of the Senate adopts a resolution disapproving
such plan.
(B) If either or both such committees adopts a resolution of dis-
approval as provided in subparagraph (A), the Commissioner shall,
not later than fifteen days after the adoption of any such resolution,
submit a new plan in accordance with paragraph (1) and subpara-
graph (A).
(20 U.S.C. 1853) Enacted August 21, 1974, P.L. 93-380, sec. 402(a) (1), 88
Stat. 545.
Provisions of P.L. 93-380 which relate to the Special Projects
Act. (Section numbers are sections of P.L. 93-~38O.)
SEC. 402. * *
(a) * * *
(b) (1) In carrying out his functions under section 3 of the Special
Projects Act, the Commissioner shall reserve not less than 50 per
centum of the sums appropriated pursuant to section 4 of such Act
for the purposes given preference under paragraph (3) of this sub-
section and apportioned in accordance with paragraph (2) of this
subsection. With respect to the funds to which this paragraph applies,
the Commissioner's authority under such section 3 shall include author-
ity to make grants as well as contracts.
(2) Except as is otherwise provided with respect to section 409, the
Commissioner shall apportion an amount for each of the purposes
set forth in paragraph (3) which bears the same ratio to the sums
reserved pursuant to paragraph (1) as the amount permitted to be
expended for each such purpose bears to the aggregate of the amounts
permitted to be expended for all such purposes.
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(3) The sums reserved pursuant to paragraph (1) shall be expended
for programs otherwise authorized by an applicable statute and
described in the following subparagraphs:
Education for the Use of the Metric System of Measurement
(A) A program to encourage educational agencies and institutions
to prepare students to use the metric system of measurement, as pro-
vided in section 403.
Gifted and Talented Children
(B) A program for the education of gifted and talented children
through grants to the States for such purpose, as provided in section
404 (except subsection (f) thereof).
Community Schools
(C) A program of grants to local educational agencies to assist them
in planning, establishing, expanding, and operating community edu-
cation programs, as provided in section 405.
Career Education
(D) A program to assess, and to encourage establishment and opera-
tion of, career education programs, as provided in section 406.
Consumers' Education
(E) A program of grants and contracts designed to provide con-
sumer education to the public, as provided in section 811 of the
Elementary and Secondary Education Act of 1965.
Women's Equity in Education
(F) A program of grants and contracts designed to provide educa-
tional equity for women in the United States, as provided in section
408.
Arts in Education Programs
(G) A program of grants and contracts designed to assist and
encourage the use of the arts in elementary and secondary school
programs as provided in section 409.
(4) No appropriation may be made for any fiscal year for the pur-
poses of section 811 of the Elementary and Secondary Education Act
of 1965 or sections 403, 404, 405, 406, 408, and 409 of this Act during
which funds are available for the purposes of such sections under the
provisions of this subsection.
(c) (1) The amendments made by subsection (a) and the provisions
of subsection (b) shall be effective on and after July 1, 1975.
(2) Effective July 1, 1975, title III of the Elementary and Second-
ary Education Act of 1965 is amended-
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(1) by striking out section 305(d);
(ii) by striking out section 306; and
(iii) by striking out section 307 (c).
(3) Effective July 1, 1975, section 809 of the Elementary and Sec-
ondary Education Act of 1965, is repealed.
(20 U.S.C. 1851) Enacted August 21, 1974, P.L. 93-380, sec. 402, 88 Stat. 544,
546.
EDUCATION FOR THE USE OF THE METRIC SYSTEM OF MEASUREMENT
SEC. 403. (a) (1) The Congress finds that-
(A) the metric system of measurement is in general use in
industrially developed nations and its use is increasing;
(B) increased use of such metric system in the United States is
inevitable, and such a metric system will become the dominant
system of weights and measures in the United States; and
(C) there is no existing Federal program designed to teach chil-
dren to use such metric system and such a program is necessary if
the American people are to adapt to the use of the metric system
of weights and measures.
(2) It is the policy of the United States to encourage educational
agencies and institutions to prepare students to use the metric system
of measurement with ease and facility as a part of the regular educa-
tion program.
(3) For the purposes of this section, the term "metric system of
measurement" means the International System of Units as established
by the General Conference of Weights and Measures in 1960 and inter-
preted or modified for the United States by the Secretary of Commerce.
(b) (1) The Commissioner shall carry out a program of grants and
contracts in order to encourage educational agencies and institutions
to prepare students to use the metric system of measurement.
(2) The Commissioner is authorized to make grants to, and con-
tracts with, institutions of higher education, State and local educa-
tional agencies, and other public and private nonprofit agencies,
organizations, and institutions to develop and carry out the policy set
forth in subsection (a).
(c) (1) Financial assistance under this section may be made avail-
able only upon application to the Commissioner. Any such application
shall be submitted at such time, in such form, and containing such
information as the Commisisoner shall prescribe by regulation and
shall be approved only if it-
(A) provides that the activities and services for which assist-
ance is sought will be administered by, or under the supervision of,
the applicant;
(B) describes a program which holds promise of making a
substantial contribution toward attaining the purposes of this
section;
(C) sets forth such policies and procedures as will insure ade-
quate evaluation of the activities intended to be carried out under
the application; and
PAGENO="0460"
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(D) contains such other provisions as the Commissioner deter-
mines necessary in order to accomplish the purposes of this title.
(2) An application from a local education agency under this sec-
tion may be approved only if the State educational agency of the State
in which such local agency is located has been notified of the applica-
tion and has been given a reasonable opportunity to offer recommenda-
tions with respect to the approval thereof.
(d) For the purposes of carrying out this section, the Commissioner
is authorized to expend $10,000,000 for each of the fiscal years ending
prior to July 1, 1978.1
(20 U.S.C. 1862) Enacted August 21, 1974, P.L. 93-380, sec. 403, 88 Stat. 546,
547.
GIFTED AND TALENTED CHILDREN
SEC. 404. (a) The Commissioner shall designate an administrative
unit within the Office of Education to administer the programs and
projects authorized by this section and to coordinate all programs for
gifted and talented children and youth administered by the Office.
(b) The Commissioner shall establish or designate a clearinghouse
to obtain and disseminate to the public information pertaining to the
education of gifted and talented children and youth. The Commis-
sioner is authorized to contract with public or private agencies or
organizations to establish and operate the clearinghouse.
(c) (1) The Commissioner shall make grants to State educational
agencies and local educational agencies, in accordance with the pro-
visions of this subsection, in order to assist them in the planning,
development, operation, and improvement of programs and projects
designed to meet the special educational needs of gifted and talented
children at the preschool and elementary and secondary school levels.
(2) (A) Any State educational agency or local educational agency
desiring to receive a grant under this subsection shall submit an
application to the Commissioner at such time, in such manner, and
containing such information as the Commissioner determines to be
necessary to carry out his functions under this section. Such applica-
tion shall-
(i) provide satisfactory assurance that funds paid to the appli-
cant will be expended solely to plan, establish, and operate pro-
grams and projects which-
(I) are designed to identify and to meet the special educa-
tional and related needs of gifted and talented children, and
(II) are of sufficient size. scope. and quality as to hold rea-
sonable promise of making substantial progress toward meet-
ing those needs;
Set forth such policies and procedures as are necessary for
acquiring and disseminating information derived from educa-
tional research, demonstration and pilot projects. new educational
practices and techniques, and the evaluation of the effectiveness
of the program or project in achieving its purpose; and
1 Sec. 402(a) (4) of P.L. 93-380 provIdes that no appropriation may be made for this
section in any fiscal year during which funds are available for the purposes of this section
under the provisions of subsection 402(a) (The Special Projects Act).
PAGENO="0461"
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(iii) provide satisfactory assurance that, to the extent con-
sistent with the number of gifted and talented children in the area
to be served by the applicant who are enrolled in nonpublic ele-
mentary and secondary schools, provision will be made for the
participation of such children.
(B) The Commissioner shall not approve an application under this
subsection from a local educational agency unless such application has
been submitted to the State educational agency of the State in which
the applicant is located and such State agency has had an opportunity
to make recommendations with respect to approval thereof.
(3) Funds available under an application under this subsection may
be used for the acquisition of instructional equipment to the extent
such equipment is necessary to enhance the quality or the effectiveness
of the program or project for which application is made.
(4) A State educational agency receiving assistance may carry out
its functions under an approved application under this subsection
directly or through local educational agencies.
(d) The Commissioner is authorized to make grants to State edu-
cational agencies to assist them in establishing and maintaining, di-
rectly or through grants to institutions of higher education, a program
for training personnel engaged or preparing to engage in educating
gifted and talented children or as supervisors of such personnnel.
(e) The Commissioner is authorized to make grants to institutions
of higher education and other appropriate nonprofit institutions or
agencies to provide training to leadership personnel for the education
of gifted and talented children and youth. Such leadership personnel
may include, but are not limited to, teacher trainers, school adminis-
trators, supervisors, researchers, and State consultants. Grants under
this subsection may be used for internships, with local, State, or
Federal agencies or other public or private agencies or institutions.
(f) Notwithstanding the seond sentence of section 405(b) (1) of
the General Education Provisions Act, the National Institute of
Education shall, in accordance with the terms and conditions of section
405 of such Act, carry out a program of research and related activities
relating to the education of gifted and talented children. The Commis-
sioner is authorized to transfer to the National Institute of Education
such sums as may be necessary for the program required by this subsec-
tion. As used in the preceding sentence the term "research and related
activities" means research, research training, surveys, or demonstra-
tions in the field of education of gifted and talented children and
youth, or the dissemination of information derived therefrom, or all
of such activities, including (but without limitation) experimental
and model schools.
(g) In addition to the other authority of the Commissioner under
this section, the Commissioner is authorized to make contracts with
public and private agencies and organizations for the establishment
and operation of model projects for the identification and education
of gifted and talented children, including such activities as career edu-
cation, bilingual education, and programs of education for handi-
capped children and for educationally disadvantaged children. The
total of the amounts expended for projects authrized under tins sub-
PAGENO="0462"
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section shall not exceed 15 per centum of the total of the amounts
expended under this section for any fiscal year.
(h) For the purpose of carrying out the provisions of this section,
the Commissioner is authorized to expend not to exceed $12.250,000 for
each fiscal year ending prior to July 1, 1978.'
(20 U.S.O. 1863) Enacted August 21, 1974, P.L. 93-380, sec. 404 88 Stat. 547,
549.
COMMUNITY SCHOOLS
SEC. 405. (a) This section may be cited as the "Community Schools
Act".
(b) In recognition of the fact that the school, as the prime educa-
tional institution of the community, is most effective when the school
involves the people of that community in a program designed to ful-
* fill their education needs, and that community education promotes a
more efficient use of public education facilities through an extension
of school buildings and equipment, it is the purpose of this section to
provide educational, recreational, cultural, and other related com-
munity services, in accordance with the needs, interests, and concerns
of the community, through the establishment of the community educa-
tion program as a center for such activities in cooperation with other
community groups.
(c) For purposes of this section and subparagraph (C) of section
402(b) (3), a "community education program" is a program in which
a public building, including but not limited to a public elementary
or secondary school or a community or junior college, is used as a com-
munity center operated in conjunction with other groups in the com-
munity, community organizations, and local governmental agencies,
to provide educational, recreational, cultural, and other related com-
munity services for the community that center serves in accordance
with the needs, interests, and concerns of that community. Nothing in
this section shall be construed to prohibit any applicant under this
section from carrying out any activity with funds derived from other
sources.
(d) (1) In order to carry out the purposes and provisions of this
section, the Commissioner is authorized to make grants to State edu-
cational agencies and to local educational agencies to pay the Federal
share of the cost of planning, establishing, expanding, and operating
community education programs.
(2) Fifty percent of the funds made available pursuant to clause
(1) of subsection (i) shall be available for grants to State educational
agencies. The remainder of such funds shall be available for grants
to local educational agencies.
(3) For the purpose of paragraph (1) of this subsection, the Fed-
eral share shall be-
(A) 80 per centum of a program to establish a new community
education program,
(B) 65 per centum of a program to expand or improve a com-
munity education program for the first year in which such pro-
1 Sec. 402(a) (4) of P.L. 93-380 provides that no appropriation may be made for this
section in any fiscal year during which funds are available for the purposes of this section
under the provisions of subsection 402(a) (The Special Projects Aet~.
PAGENO="0463"
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gram is assisted under this section, and 55 per centum in any fiscal
year thereafter, and
(C) 40 per centum of a program to maintain or carry out a
community education program.
(4) Any State or local educational agency desiring to receive a
grant under this section for any fiscal year shall submit an application
to the Commissioner at such time, in such manner, and in such form as
the Commissioner shall prescribe by regulation. Each such application
shall contain provisions-
(A) assuring that local community colleges, social, recreational,
and health groups will be consi~ted with respect to programs to
be offered and facilities to be used for the purpose of this section;
(B) assuring that the applicant will pay from non-Federal
sources the remaining costs of carrying out the application; and
(C) containing a description of each community education pro-
gram for which assistance is sought in sufficient detail to apply
the appropriate Federal share specified in clause (3) of this sub-
section.
The Commissioner shall not approve an application submitted by a
local educational agency unless the State educational agency of the
State in which that local educational agency is located has been given
an opportunity to review, and make comment on, such application.
(e) The Commissioner is authorized to make grants to institutions
of higher education to develop and establish, or to expand, programs
which will train persons to plan and operate community education
programs.
(f) (1) The Commissioner shall establish or designate a clearing-
house to gather and disseminate information received from community
education programs, including but not limited to information regard-
ing new programs, methods to encourage community participation,
and ways of coordinating community education programs with other
community services. The Commissioner is authorized to contract with
public or private agencies or organizations to establish and operate the
clearinghouse.
(2) *The Commissioner shall make available to each community
education program such technical assistance and information as the
program may require, and such technical assistance shall be coordi-
nated with the national clearinghouse.
(g) (1) There is established, subject to part P of the General Edu-
cation Provisions Act, in the Office of the Commissioner, a Corn-
munity Education Advisory Council (referred to in this section as the
"Advisory Council") to be composed of eleven members. The members
of the Advisory Council shall be appointed by the Secretary.
(2) A substantial number of the members of the Advisory Council
shall be persons experienced in the operation of community education
programs and the training of such persons. The Council shall include
representatives from various disciplines involved in providing serv-
ices in community school programs.
(f) (1)1 The Commissioner shall establish or designate a clearing-
house within three months after enactment of this section.
1Apparent error in P.L. 93-380; (f)(i) should be designated as (g)(3).
PAGENO="0464"
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(4) The Commissioner shall make available to the Advisory Council
such staff, information, and other assistance as it may require to carry
out its activities.
(5) The Advisory Council shall advise the Commissioner on policy
matters relating to the interests of community schools.
(6) In the fiscal year ending June 30, 1975, theAdvisory Council
shall be responsible for a.dvising the Commissioner regarding the es-
tablishment of policy guidelines and regulations for the operat~ion and
administration of this section. In addition, the Council shall create
a system for evaluation of the programs. The Council shall present to
Congress a complete and thorough evaluation of the programs and
operation of this section for each fiscal year ending after June 30, 1975.
(h) In approving applications under this section the Commissioner
shall insure that there is an equitable geographical distribution of com-
munity education programs throughout the United States in both
urban and rural areas.
(i) The Commissioner is authorized to expend (1) for the purpose of
subsection (d), $15,000,000 for each fiscal year ending prior to July 1,
1978; and (2) for the purposes of subsection (e), $2,000,000 for each
fiscal year ending prior to July 1, 1978.'
(20 U.S.C. 1864) Enacted August 21, 1974, P.L. 93-380, see. 405, 88 Stat. 549,
551.
CAREER EDUCATION
SEC. 406. (a) It is the sense of Congress that-
(1) every child should, by the time he has completed secondary
school, be prepared for gainful or maximum employment and for
full participation in our society according to his or her ability:
(2) it is the obligation of each `local educational agency to pro-
vide that preparation for all children (including handicapped
children and all other children who are educationally disadvan-
taged) within the school district of such agency; and
(3) each State and local educational agency should carry out a
program of career education which provides every child the widest
variety of career education options which are designed to prepare
each child for maximum employment and participation in our
society according to his or her ability.
(b) It is the purpose of this section to assist in achieving the policies
`set forth in subsection (a) by-
(1) developing information on the needs for career education
for all children;
(2) promoting a national dialogue on career education designed
to encourage each State and local educational agency to determine
and adopt the approach to career education best suited to the
needs of the children served by them;
(3) assessing the status of career education programs and prac-
tices, including a reassessment of the stereotyping of career
opportunities by race or by sex;
(4) providing for the demonstration of the best of the current
career education programs and practices by the development and
1 Sec. 402(a) (4) of P.L. 93-~380 provides that no appropriation may be made for this
section In any fiscal year during which funds are available for the purposes of this section
under the provisions o~ subsection 4i~2 (a) (~he ~pec1a1 Projects Act).
PAGENO="0465"
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testing of exemplary programs and practices using various the-
ories, concepts, and approaches with respect to career education;
(5) providing for the training and retraining of persons for
conducting career education programs; and
(6) developing State and local plans for implementing career
education programs designed to insure that every child has the
opportunity to gain the knowledge and skills necessary for gain-
ful or maximum employment and for full participation in our
society according to his or her ability.
(c) (1) In order to carry out the policies, purposes, and provisions
of this section, there is established in the Office of Education an
Office of Career Education (hereafter in this section referred to as
the "Office"). The Office shall be headed by a Director.
(2) The Director of the Office shall report directly to the Commis-
sioner.
(d) For the purposes of this section, the term "career education"
means an education process designed-
(1) to increase the relationship between schools and society as
a whole;
(2) to provide opportunities for counseling, guidance and
career development for all children;
(3) to relate the subject matter of the curricula of schools to
the needs of persons to function in society;
(4) to extend the concept of the education process beyond the
school into the area of employment and the community;
(5) to foster flexibility in attitudes, skills, and knowledge in
order to enable persons to cope with accelerating change and ob-
solescence;
(6) to make education more relevant to employment and func-
tioning in society; and
(7) to eliminate any distinction between education for voca-
tional purposes and general or academic education.
(e) The Commissioner shall conduct a survey and assessment of the
current status of career education programs, `projects, curriculums,
and materials in the United States and submit to the Congress, not
later than November 1, 1975, a report on such survey and assessment.
Such report shall include recommendations of the Advisory Council
created under subsection (g) for new legislation designed to accom-
plish the policies and purposes set forth in subsections (a) and (b).
In exercising his authority under clauses (ii) (III) and (ii) (V) of
section 434(b) (1) (A) of the General Education Provisions Act, for
any fiscal year, the Commissioner shall require State educational
agencies and local educational agencies to report on their efforts to pre-
pare students for gainful or maximum employment.
(f) (1) During the period beginning with the enactment of this
section and ending June 30, 1978, the Commissioner is authorized to
make grants to State and local educational agencies, institutions of
higher education, and other nonprofit agencies and organizations to
support proiects to demonstrate the most effective methods and tech-
niques in career education and to develop exemplary career education
models (including models in which handicapped children receive
appropriate career education either by participation in regular or
44-078 0 - 75 - 30
PAGENO="0466"
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modified programs with nonhandicapped children or where necessary
in specially designed programs for handicapped children whose
handicaps are of such severity that they cannot benefit from regular
or modified programs). Grants made under this subsection shall be
consistent with the policies set forth in subsection (a) of this
subsection.
(2) During the period beginning one year after the enactment of
this section and ending June 30, 1977, the Commissioner is authorized
to make grants to State educational agencies to enable them to develop
State plans for the development and implementation of career educa-
tion programs in the local educational agencies of the States. Such
plans shall be designed to carry out the policies and purposes set forth
in subsections (a) and (b).
(g) (1) Subject to part D of the General Education Provisions Act
and within ninety days after the enactment of this section, there is
established a National Advisory Council for Career Education which
shall be composed of-
(A) the Assistant Secretary of Health, Education, and Welfare
for Education, the Commissioner of Education, the Director of
the Office of Career Education, the Director of the National In-
stitute of Education, the Administrator of the National Center for
Education Statistics, the Director of the National Science Foun-
dation, the Chairman of the National Foundation for the Arts, the
Chairman of the National Foundation for the Humanities. the
Chairman of the National Advisory Council for Vocational Edu-
cation, all of whom shall serve in a nonvoting ex officio capacity;
and
(B) not less than twelve public members broadly representa-
tive of the fields of education, the arts, the humanities, the sciences,
community services, business and industry, and the general pub-
lic, a majority of whom shall be engaged in education or educa-
tion-related professions.
(2) The public members shall be appointed by the Secretary. The
Secretary shall select the Chairman from among the public members.
The members shall serve for terms of three years with not more than
four seats rotating in any one year. The Commissioner shall provide
such staff and funds for the Council as deemed necessary and such staff
and funds shall be in addition to those provided elsewhere in this title.
(3) The duties of the Council shall be to advise the Commissioner
on the implementation of this section a.nd carry out such advisory
functions as it deems appropriate, including reviewing the operation
of this section and all other programs of the Division of Education
pertaining to the development and implementation of career educa-
tion, evaluating their effectiveness in meeting the needs of career edu-
cation throughout the United States~ and in determining the need for
further legislative remedy in order that all citizens may benefit from
the purposes of cftreer education as prescribed in this section.
(4) The Council with the assistance of the Commissioner shall con-
duct a survey and assessment of the current status of career education
programs, projects, curricula, and materials in the United States and
submit to Congress, not later than November 1, 1975, a report on such
survey and assessment. Such report shall include recommendations of
PAGENO="0467"
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the Council for new legislation designed to accomplish the policies
and purposes set forth in subsections (a) and (b).
(h) For the purpose of carrying out the provisions of this section,
the Commissioner is authorized to expend not to exceed $15,000,000
for each fiscal year ending prior to July 1, 1978.'
(20 U.S.C. 1865) Enacted August 21, 1974, P.L. 93-380, sec. 406, 88 Stat. 551, 553.
(Sec. 407 is an amendment to section 811 of the Elementary and Secondary
Education Act relating to consumers' education and is contained therein.)
WOMEN~S EDUCATIONAL EQUITY
SEC. 408. (a) This section may be cited as the "Women's Educa-
tional Equity Act of 1974."
(b) (1) The Congress hereby finds and declares that educational
programs in the United States (including its possessions), as presently
conducted, are frequently inequitable as such programs relate to
women and frequently limit the full participation of all individuals
in American society.
(2) It is the purpose of this section to provide educational equity
for women in the United States.
(c) As used in this section, the term "Council" means the Advisory
Council on Women's Educational Programs.
(d) (1) The Commissioner is authorized to make grants to, and enter
into contracts with, public agencies and private nonprofit organiza-
tions and with individuals for activities designed to carry out the pur-
poses of this section at all levels of education, including preschool,
elementary and secondary education, higher education, an~d adult edu-
cation. These activities shall include-
(A) the development, evaluation, and dissemination by the
applicant of curricula, textbooks, and other educational materials
related to educational equity;
(B) preservice and inservice training for educational person-
nel including guidance and counseling with special emphasis on
programs and activities designed to provide educational equity;
(C) research, development, and educational activities designed
to advance educational equity;
(D) guidance and counseling activities, including the develop-
ment of nondiscriminatory tests, designed to assure educational
equity;
(E) educational activities to increase opportunities for adult
women, including continuing educational activities and programs
for underemployed and unemployed women;
(F) the expansion and improvement of educational programs
and activities for women in vocational education, career educa-
tion, physical education, and educational administration.
(2) A grant may be made and a contract may be entered into under
this section only upon application to the Commissioner, at such time,
in such form, and containing or accompanied by such information
as the Commissioner may prescribe. Each such application shall-
1 Sec. 402 (a) (4) of P.L. 93-380 provides that no appropriation may be made for this
section in any fiscal year during which funds are available for the purposes of this section
under the provisions of subsection 402(a) (The Special Projects Act).
PAGENO="0468"
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(A) provide that the program or activity for which assistance
is sought will be administered by or under the supervision of the
applicant;
(B) describe a program for carrying out one of the purposes
set forth in subsection (a) which holds promise of making a
substantial contribution toward attaining such purposes; and
(C) set forth policies and procedures which insure adequate
evaluation of the activities intended to be carried out under the
application.
(3) The Commissioner shall approve applicants and amendments
thereto which meet the requirements of paragraph (2).
(4) Nothing in this section shall be construed as prohibiting men
from participating in any programs or activities assisted under this
section.
(e) In addition to the authority of the Commissioner under sub-
section (d), the Commissioner shall carry out a program of small
grants, not to exceed $15,000, each, in order to support innovative
approaches to achieving the purposes of this section; and for that
purpose the Commissioner is authorized to make grants to public and
private nonprofit agencies and to individuals.
(f) (1) There is established in the Office of Education an Advisory
Council on Women's Educational Programs. The Conncil shall be
composed of-
(A) seventeen individuals, some of whom shall be students,
who shall be appointed by the President, by and with the advice
and consent of the Senate, from among individuals broadly
representative of the general public who, by virtue of their knowl-
edge or experience, are versed in the role and status of women in
American society;
(B) the Chairman of the Civil Rights Commission;
(C) the Director of the Women's Bureau of t.he Department
of Labor; and
(D) the Director of the Women's Action Program of the.
Department of Health, Education, and Welfare.
The Council shall elect its own Chairman.
(2) The term of office of each member of the Council appointed
under clause (A) of paragraph (1) shall be three years, except that-
(A) the members first appointed under such clause shall serve
as designated by the President, six for a term of one year. five for
a term of two years, and six for a term of three years; and
(B) any member appointed to fill a vacancy occurring prior
to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
(3) The Council shall-
(A) advise the Commissioner with respect to general policy
matters relating to the administration of this section;
(B) advise and make recommendations to the Assistant Secre-
tary concerning the improvement of educational equity for
women;
(C) make recommendations to the Commissioner with respect
to the allocation of any funds pursuant to this section. including
criteria developed to insure an appropriate geographical distribu-
tion of approved programs and projects throughout the Nation;
and
PAGENO="0469"
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(D) develop criteria for the establishment of program
priorities.
(4) From the sums available for the purposes of this section, the
Commissioner is authorized and directed to conduct a national, com-
prehensive review of sex discrimination in education, to be submitted
to the Council not later than a year after the date of enactment of this
section. The Council shall review the report of the Commissioner and
shall make such recommendations, including recommendations for
additional legislation, as it deems advisable.
(5) The provisions of part D of the General Education Provisions
Act shall apply with respect to the Council established under this
subsection.
(f) The Commissioner is directed, at the end of each fiscal year, to
submit to the President and the Congress and to the Council a report
setting forth the programs and activities assisted under this section,
and to provide for the distribution of this report to all interested
groups and individuals, including the Congress, from funds author-
ized under this section. After receiving the report from the Commis-
sioner, the Council shall evaluate the programs and projects assisted
under this section and include such evaluation in its annual report.
(h) For the purpose of carrying out this section, the Commissioner
is authorized to expend not to exceed $30,000,000 for each fiscal year
prior to July 1, 1978.1
(20 U.S.C. 1866) Enacted August 21, 1974, P.L. 93-380, sec. 408, 88 Stat. 554,
556.
ELEMENTARY AND SECONDARY SCHOOL EDUCATION IN THE ARTS
SEC. 409. The Commissioner shall, during the period beginning after
June 30, 1974 and ending on June 30, 1978, through arrangements
made with the John F. Kennedy Center for the Performing Arts,
carry out a program of grants and contacts to encourage and assist
State and local educational agencies to establish and conduct programs
in which the arts are an integral part of elementary and secondary
school programs. Not less than $750,000 shall be available for the pur-
poses of this section during any fiscal year during the period for which
provision is made in the preceding sentence.'
(20 U.S.C. 1867) Enacted August 21, 1974, P.L. 93-380, sec. 409, 88 Stat. 556.
ENVIRONMENTAL EDUCATION ACT
(91-516)
AN ACT To authorize the United States Commissioner of Education to establish
education programs to encourage understanding of policies, and support of
activities, designed to enhance environmental quality and maintain ecological
balance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Environmental Education Act".
1 Sec. 402(a) (4) of P.L. 93-380 provides that no appropriation may be made for this
section In any fiscal year during which funds are available for the purposes of this section
under the `provisions of subsection 402(a) (The Special Projects Act).
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STATEMENT OF FINDINGS AND PURPOSE
SEC: 2. (a) The Congress of the United States finds that the dete-
rioration of the quality of the Nation's environment and of its ecolog-
ical balance poses a serious threat to the strength and vitality of the
people of the Nation and is in part due to poor understanding of the
Nation's environment and of the need for ecological balance; that
presently there do not exist adequate resources for educating and in-
forming citizens in these areas, and that concerted efforts in educating
citizens about environmental quality and ecological balance are there-
fore necessary.
(b) It is the purpose of this Act to encourage and support the
development of new and improved curricula to encourage understand-
ing of policies, and support of activities designed to enhance environ-
mental quality and maintain ecological balance while giving due con-
sideration to the economic considerations related thereto; to demon-
strate the use of such curricula in model educational programs and
to evaluate the effectiveness thereof, to provide support for the ini-
tiation and maintenance of programs in environmental education at
the elementary and secondary levels; to disseminate curricular ma-
terials and other information for use in educational programs through-
out the Nation; to provide training programs for teachers, other edu-
cational personnel, public service personnel, and community, labor,
and industrial and business leaders and employees, and government
employees at State, Federal, and local levels; to provide for the plan-
ning of outdoor ecological study centers: to provide for community
education programs on preserving and enhancing environmental qual-
ity and maintaining ecological balance; and to provide for the pre-
paration and distribution of materials by mass media in dealing with
the environment and ecology.
(20 U.S.C. 1531). Enacted Oct. 30, 1970, P.L. 91-516, see. 2, 84 Stat. 1312,
amended May 10, 1974, P.L. 93-278, sec. 4, 88 Stat. 121.
ENVIRONMENTAL EDUCATION
SEC. 3. (a) (1) There is established, within the Office of Education.
an office of environmental education (referred to in this section as
the "office") which, under the supervision of the Commissioner,
through regulations promulgated by the Secretary. shall be respon-
sible for (A) the administration of the program authorized by sub-
section (b) and (B) the coordination of activities of the Office of
Education which are related to environmental education. The office
shall be headed by a Director who shall be compensated at a rate not
to exceed that prescribed for grade G-S-17 in section 5332 of title 5,
United States Code.
(2) For the purposes of this Act. the term "environmental educa-
tion" means the educational process dealing with man's relationship
with his natural and manmade surroundings. and includes the rela-
tion of population. pollution. resource allocation and depletion. con-
servation, transportation. technology, economic impact. and urban and
rural planning to the total human environment.
(b) (1) The Commissioner shall carry out a program of making
grants to, and contracts with, institutions of higher education, State
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and local educational agencies, regional educational research organiza-
tions, and other public and private agencies, organizations, and insti-
tutions (including libraries and museums) to support research, demon-
stration, and pilot projects designed to educate the public on the prob-
lems of environmental quality and ecological balance, except that no
grant may be made other than to a nonprofit agency, organization
or institution.
(2) Funds appropriated for grants and contracts under this section
shall be available for such activities as-
(A) the development of curricula (including interdisciplinary
curricula) in the preservation and enhancement of environmental
quality and ecological balance;
(B) dissemination of information relating to such curricula
and to environmental education, generally;
(C) in the case of grants to State and local educational agen-
cies, for the support of environmental education programs at the
elementary and secondary education levels;
(D) pre service and inservice training programs and projects
(including fellowship programs, institutes, workshops, sympo-
siums, and seminars) for educational personnel to prepare them
to teach in subject matter areas associated with environmental
quality and ecology, and for public service personnel, government
employees, and business, labor, and industrial leaders and
employees;
(E) planning of outdoor ecological study centers;
(F) community education programs on environmental quality,
including special programs for adults; and
(G) preparation and distribution of materials suitable for use
by the mass media in dealing with the environment and ecology.
In addition to the activities specified in the first sentence of this para-
graph, such funds may be used for projects designed to demonstrate,
test, and evaluate the effectiveness of any such activities, whether or
not assisted under this section.
(3) (A) Financial assistance under this subsection may be made
available only upon application to the Commissioner. Applications
under this subsection shall be submitted at such time, in such form,
and containing such information as the Secretary shall prescribe by
regulation and shall be approved only if it-
(i) provides that the activities and services for which assist-
ance is sought will be administered by, or under the supervision
of, the applicant;
(ii) describes a program for carrying out one or more of the
purposes set forth in the first sentence of paragraph (2) which
holds promise of making a substantial contribution toward at-
taining the purposes of this section;
(iii) sets forth such policies and procedures as will insure
adequate evaluation of the activities intended to be carried out
under the application;
(iv) sets forth policies and procedures which assure that Fed-
eral funds made available under this Act for any fiscal year will
be so used as to supplement and, to the extent pract1cal, increase
the level of funds that would, in the absence of such Federal
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funds, be made available by the ~pplicant for the purposes de- -
seribed in section 3, and in no case supplant such funds.
(v) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the applicant under
this title; and
(vi) provides for making an annual report and such other
reports, in such form and containing such information, as the
Commissioner may reasonably require and for keeping such
records, and for affording such access thereto as the Commissioner
may find necessary to assure the correctness and verification of
such reports.
(B) Applications from local educational agencies for ffnanciai
assistance under this Act may be approved by t.he Commissioner oniy
if the State educational agency has been notified of the application
and been given the opportunity to offer recommendations.
(C) Amendments of applications shall, except as the Secretary
may otherwise provide by or pursuant to regulation, be subject to
approval in the same manner as original applications.
(4) Federal assistance to any program or project under this section,
other than those involving curriculum development, dissemination of
curricular materials, and evaluation, shall not exceed 80 per centum of
the cost of such program for the first fiscal year of its operation,
meluding costs of administration, unless the Commissioner deter-
mines, pursuant to regulations adopted and promulgated by the Sec-
retary establishing objective criteria for such determinations, that
assistance in excess of such percentages is required in furtherance of
the purposes of this section. The Federal share for the second year
shall not exceed 60 percentum, and for the third year 40 per centum.
Non-Federal contributions may be in cash or kind, fairly evaluated,
including but not limited to plant, equipment, and services.
(c) (1) There is hereby established an Advisory Council on Envi-
ronmental Education consisting of twenty-one members appointed by
the Secretary. The Secretary shall appoint one member as Chairman.
The Council shall consist of persons appointed from the public and
private sector with due regard to their fitness, knowledge. and experi-
ence in matters of, but not limited to. academic, scientific. medical,
economic, legal, resource conservation and production, urban and
regional planning, and information media activities as they relate to
our society and affect our environment, and shall give due consider-
ation to geographical representation in the appointment of such
members: Provided, however, That the Council shall consist of not
less than three ecologists and three students. Subject to section 448 (b)
of the General Education Provisions Act, the Advisory Council shall
continue to exist until July 1, 1977.
(2) The Council shall-
(A) advise the Commissioner and the office concerning the
administration of, preparation of general regulations for. and
operation of programs assisted under this section;
(B) make recommendations to the office with respect to the
allocation of funds appropriated pursuant to subsection (d)
among the purposes set forth in paragraph (2) of subsection
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(b) and the criteria to be used in approving applications, which
criteria shall insure an appropriate geographical distribution of
approved programs and projects throughout the Nation;
(C) develop criteria for the review of applications and their
disposition; and
*(D) evaluate programs and projects assisted under this sec-
tion and disseminate the results thereof.
(20 U.S.C. 1532) Enacted Oct. 30, 1970, P.L. 91-516, sec. 3, 84 Stat. 1312,
amended May 10, 1974, P.L. 93-278, sec. 2, 88 Stat. 121.
TECHNICAL ASSISTANCE -
SEC. 4. The Secretary of Health, Education, and Welfare, in coop-
eration with the heads of other agencies with relevant jurisdiction,
shall, insofar as practicable upon request, render technical assistance
to local educational agencies, public and private nonprofit organiza-
tions, institutions of higher education, agencies of local, State and
Federal governments and other agencies deemed by the Secretary to
play a role in preserving and enhancing environmntal quality and
maintaining ecological balance. The technical assistance shall be de-
signed to enable the recipient agency to carry on education programs
which are related to environmental quality and ecological balance.
(20 U.S.C. 1533) Enacted Oct. 30, 1970, P.L. 91-516, sec. 4, 84 Stat. 1315.
SMALL GRANTS
SEC. 5. (a) In addition to the grants authorized under section 3,
the Commissioner, from the sums appropriated, shall have the author-
ity to make grants, in sums not to exceed $10,000 annually, to non-
profit organizations such as citizens groups, volunteer organizations
working in the environmentl field, and other public and private non-
profit agencies, institutions, or organizations for conducting courses,
workshops, seminars, symposiums, institutes, and conferences, espe-
cially for adults and community groups (other than the group
funded).
(b) Priority shall be given to those proposals demonstrating inno-
vative approaches to environmental education.
(c) For the purposes of this section, the Commissioner shall require
evidence that the interested organization or group shall have been
in existence one year prior to the submission of a proposal for Federal
funds and that it shall submit an annual report on Federal funds
expended.
(d) Proposals submitted by organizations and groups under this
section shall be limited `to the essential information required to evalu-
ate them, unless the organization or group shall volunteer additional
information.
(20 U.S.C. 1534) Enacted Oct. 30, 1970, P.L. 91-516, sec. 5, 85 Stat. 1315.
ADMINISTRATION
SEC. 6. In administering the provisions of this Act, the Commis-
sioner is authorized to utilize the services and facilities of any agency
of the Federal Government and of any other public or private agency
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or institution in accordance with appropriate agreements. and to pay
for such services either in advance or by way of reimbursement, as may
be agreed upon. The Commissioner shall publish annually a list and
description of projects supported under this Act and shall distribute
such list and description to interested educational institutions, citizens'
groups, conservation organizations, and other organizations and indi-
viduals involved in enhancing environmental quality and maintaining
ecological balance.
(20 U.S.C. 1535) Enacted Oct. 30, 1970, P.L. 91-516, sec. 6, 84 Stat. 1315.
AUTHORIZATION
SEC. 7. There is authorized to be appropriated $5,000,000 for the
fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending
June 30, 1972, $25,000,000 for the fiscal year ending June 30. 1973,
$5,000,000 for the fiscal year ending June 30. 1975, $10,000,000 for the
fiscal year ending June 30 1976, and $15,000~000 for the fiscal year end-
ing June 30, 1977.
(20 U.S.C. 1536) Enacted Oct. 30, 1970, RU. 91-516, sec. 7, 84 Stat. 1315;
amended May 10, 1974, P.L. 93-278, sec. 3, 88 Stat. 121.
ALCOHOL AND DRUG ABUSE EDUCATION ACT
AN ACT To authorize the Secretary of Health, Education, and Welfare to make
grants to conduct special educational programs and activities concerning the
use of drugs and other related educational purposes.
Be it enacted by the Senate and Hovee of Representatives of the
United States of America in Congress assembled.
SHORT TITLE
SECTION 1. This Act may be cited as the "Alcohol and Drug Abuse
Education Act."
STATEMENT OF PURPOSE
SEC. 2. (a) The Congress hereby finds and declares that drug
and alcohol abuse diminishes the strength and vitality of the people
of our Nation; that an increasing number of substances, both legal
and illegal, are being abused by increasing numbers of individuals;
that abuse of any substance is complex human behavior which is
influenced by many forces, including schooL family. church. commu-
nity, media, and peer groups; and that prevention and early interven-
tion in such behavior require cooperation and coordination among
all of these elements in strategies designed to respond to carefully
defined problems.
(b) It is the purpose of this Act to encourage the development of
new and improved curricula on the problems of drug abuse; to demon-
strate the use of such curricula in model educational programs and to
evaluate the effectiveness thereof; to disseminate curricular materials
and significant information for use in educational programs through-
out the Nation; to provide training programs for teachers, counselors,
law enforcement officials, and other public service and cornmurnty
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leaders; and to offer community education programs for parents and
others, on drug abuse problems.
(c) It is further the purpose of this Act to provide leadership
to schools and other institutions in the community by supporting
projects to identify, evaluate, demonstrate, and disseminate effective
strategies for prevention and early intervention and to provide train-
ing and technical assistance to schools and other segments of the
community in adapting such strategies to identified local needs.
(20 U.S.C. 1001) Enacted Dec. 3, 1970, P.L. 91-527, sec. 2, Stat. 1385; amended
amended Sept. 21, 1974, P.L. 93-422, sec. 2, 88 Stat. 1154, 1155.
ALCOHOL AND DRtTG ABUSE EDUCATION PROJECTS
SEC. 3. (a) The Commissioner of Education shall carry out a pro-
gram of making grants to, and contracts with institutions of higher
education, State and local educational agencies, and public and pri-
vate education or community agencies, institutions, and organiza-
tions to support and evaluate demonstration projects, to encourage the
establishment of such projects throughout the Nation, to train educa-
tional and community personnel, and to provide technical assistance in
program development. In carrying out such program, the Commis-
sioner of Education shall give priority to school based programs and
projects.
(b) Funds appropriated for grants and contracts under this Act
shall be available for activities, including bilingual activities, such
as-
(1) projects for the development, testing evaluation, and
dissemination of exemplary materials for use in elementary,
secondary, adult, and community education programs, and for
training in the selection and use of such materials;
(2) comprehensive demonstration programs which focus on
the causes of drug and alcohol abuse rather than on the symptoms;
which include both schools and the communities within which
the schools are located; which emphasizes the affective as well as
the cognitive approach; which reflect the specialized needs of
communities; and which include, in planning and development,
school personnel, the target population, community representation,
and parents;
(3) creative primary prevention and early intervention pro-
grams in schools, utilizing an interdisciplinary "school team"
approach, developing in educational personnel and student skills
in planning and conducting comprehensive prevention programs
which include such activities as training drug and alcohol educa-
tion specialists and group leaders, peer group and individual coun-
seling, and student involvement in intellectual, cultural, and social
alternatives to drug and alcohol abuse;
(4) preservice and inservice training programs on drug and
alcohol abuse prevention for teachers, counselors, and other edu-
cational personnel, law enforcement officials, and other public
service and community leaders and personnel;
(5) community education programs on drug and alcohol abuse,
especially for parents and others in the community;
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(6) programs or projects to recruit, train, organize, and employ
professionals and other persons, including former drug and
alcohol abusers and former drug- and alcohol-dependent persons,
to organize and participate in programs of public education in
drug and alcohol abuse; and
(7) projects for the dissemination of valid and effective school
and community drug and alcohol abuse. educational programs.
(c) In addition to the purposes described in subsection (b) of this
section, funds in an amount not to exceed 10 per centurn of the sums
appropriated to carry out this Act may be made available for the
payment of reasonable and necessary expenses of State educational
agencies for assisting local educational agencies in t.he planning. devel-
opment, and implementation of drug and alcohol abuse education pro-
grains, including such projects as-
(1) inservice training of education personnel,
(2) technical assistance to local school districts,
(3) creative leadership in programing for indigenous minori-
ties, and
(4) training of peer counselors.
(d) (1) Financial assistance under this section may be made only
upon application at such time or times, in such manner, and cont.aining
or accompanied by such information as the Commissioner deems neces-
sary, and only if such application-
(A) provides that activities and services for which assistance
under this title is sought will be administered by or under the
supervision of the applicant;
(B) provides for carrying out one or more project.s or pro-
grams eligible for assistance under subsections (h) and (c) of this
section and provides for such methods of administration as are
necessary for the proper and efficient operation of such projects or
programs;
(C) sets forth policies and procedures which assure that Fed-
eral funds made available under this section for any fiscal year
will be so used as to supplement and. to the extent practical, in-
crease the level of funds that would, in the absence of such Federal
funds, be made available by the applicant for the purposes
described in subsections (b) and (c) of this section, and in no case
supplant such funds; and
(D) provides for making such reports, in such form and con-
taining such information, as the Commissioner may reasonably
require, and for keeping such records and affording such access
thereto as the Commissioner may find necessary to assure to cor-
rectness and verification of such reports.
(2) An application from a local education agency for financial
assistance under this sect.ion may he approved by the Commissioner
only after the applicant has submitted the application to the St.at.e
educational agency. The State educational agency shall, not more than
thirty day after the date of receipt of the application, submit to the
Secreta.ry in writing its comments on the application. A copy of
such comments shall be submitted at the same time to the applicant.
(3) Amendments of applications shall. except. as the Commissioner
may otherwise provide by or Pursuant to re~iuiation. be subject. to the
requirements set forth in subsections (d) (1) and (ci) (2).
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(e) (1) The Commissioner may use funds in an amount not exceed-
ing 1 per centum of the funds appropriated to carry out this section
for a fiscal year for independent analysis and evaluation of the effec-
tiveness of the drug and alcohol abuse education programs assisted
under this section.
(2) The Commissioner shall, not later than March 31 of each cal-
endar year, submit an evaluation report to the House and Senate
Committees on Appropriations, the House Committee on Education
and Labor, and the Senate Committee on Labor and Public Welfare.
Such report shall-
(A) contain the agency's statement of specific and detailed
objectives for the program or programs assisted under the provi-
sions of this Act, and relate these objectives to those in the Act,
(B) include statements of the agency's conclusions as to effec-
tiveness of the program or programs in meeting the stated ob-
jectives, measured through the end of the preceding fiscal year,
(C) make recommendations with respect to any changes or
additional legislative action deemed necessary or desirable in
carrying out the program or programs,
(ID) contain a listing identifying the principal analyses and
studies supporting the major conclusions and recommendations,
and
(E) contain the agency's annual evaluation plan for the pro-
gram or programs through the ensuing fiscal year for which the
budget was transmitted to Congress by the President, in accord-
ance with section 201 (a) of the Budget and Accounting Act of
1921 (31 U.S.C. 11).
(f) There are authorized to be appropriated to carry out the pur-
poses of this section $26,000,000 for the fiscal year ending June 30,
1975, $30,000,000 for the fiscal year ending June 30, 1976, and
$34,000,000 for the fiscal year ending June 30, 1977. Not less than 60
per centum of the amount appropriated for a fiscal year under this
section shall be used for drug and alcohol abuse education programs
and projects in elementary and secondary schools.
(20 U.S.C. 1002) Enacted Dec. 3, 1970, P.L. 91-527, sec. 3, Stat. 1386; amended
Sept. 21, 1974, P.L. 93-422, 88 Stat. 1155.
COMMUNITY EDUCATION PROJECTS
SEC. 4. (a) Each recipient of Federal assistance under this Act,
pursuant to grants, subgrants, contracts, subcontracts, loans, or other
arrangements, entered into other than by formal advertising ,and
which are otherwise authorized by this Act, shall keep such records as
the Commissioner shall prescribe, including records which fully dis-
close the amount and disposition by such recipient of the proceeds of
such assistance, the total cost of the project or undertaking in con-
nection with which such assistance is given or used, the amount of
that portion of the cost of the project or undertaking supplied by
other sources, and such other records as will facilitate an effective
audit.
(b) The Secretary and the Comptroller General of the United
States or any of their duly authorized representatives, shall, until the
expiration of three years after completion of the project or under-
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taking referred to in subsection (a) of this section, have access for
the purpose of audit and examination to any books. documents. papers
and records of such projects which in the opinion of the Secretary or
the Comptroller General may be related or pertinent to the grants,
subgrants, contracts, subcontracts, loans, or other arrangements re-
ferred to in subsection (a).
(20 U.S.C. 1003) Enacted Dee. 3, 1970, P.L. 91-527, sec. 4, 84 Stat. 1387;
amended Sept. 21, 1974, P.L. 93-422, 89 Stat. 1157.
TECHNICAL ASSISTANCE
SEC. 5. The Secretary and the Attorney General (on matters of law
enforcement) shall, when requested, render technical assistance to
local educational agencies, public and private nonprofit organizations,
and institutions of higher education in the development and imple-
mentation of programs of drug and alcohol abuse education. Such
technical assistance may, among other activities, include making avail-
able to such agencies or institutions information regarding effective
methods of coping with problems of drug and alcohol abuse, and
making available to such agencies or institutions personnel of the De-
partment of Health, Education, and Welfare and the Department of
Justice, or other persons qualified to advise and assist in coping with
such problems or carrying out a drug and alcohol abuse education
program.
(20 U.S.C. 1004) Enacted Dec. 3, 1970, P.L. 91-527, sec. 5, 84 Stat. 1388;
amended Sept. 21, 1974, P.L. 93-422, 88 Stat. 1157.
PAYMENTS
SEC. 6. Payments under this Act may be made in installments and
in advance or by way of reimbursement, with necessary adjustments
on account of overpayments or underpayments.
(20 U.S.C. 1005) Enacted Dec. 3. 1970. P.L. 91-527. sec. 6. 84 Stat. 1388.
ADMINISTRATION
SEC. 7. In administering the provisions of this Act, the Secretary is
authorized to utilize the services and facilities of any agency of the
Federal Government and of any other public or private agency or
institution in accordance with appropriate agreements, and to pay for
such services either in advance or by way of reimbursement, as may
be agreed upon.
(20 U.S.C. 1006) Enacted Dec. 3. 1970. P.L. 91-52~ sec. 7. 84 Stat. 138$.
DEFINITIONS
SEC. 8. As used in this Act-
(a) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(b) The term "Commissioner" means the Commissioner of Educa-
tion.
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(c) The term "State" includes, in addition to the several States
of the Union, the Commonwealth of Puerto Rico, the District of Co-
lumbia, Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(20 U.S.C. 1007) Enacted Dec. 3, 1970, P.L. 91-527, sec. 7, 84 Stat. 1388;
amended Sept. 21, 1974, P.L. 93-422, 88 Stat. 1157.
TITLE VII~-NATIONAL READING IMPROVEMENT
PROGRAM 1
STATEMENT OF PURPOSE
SEC. 701. It is the purpose of this title-
(1) to provide financial assistance to encourage State and local
educational agencies to undertake projects to strengthen reading
instruction programs in elementary grades;
(2) to provide financial assistance for the development and
enchancement of necessary skills of instructional and other educa-
tional staff for reading programs;
(3) to develop a means by which measurable objectives for read-
ing programs can be established and progress toward such objec-
tives assessed;
(4) to develop the capacity of preelementary school children
for reading, and to establish and improve preelementary school
programs in language arts and reading; and
(5) to provide financial assistance to promote literacy among
youth and adults.
(20 U.S.C. 1901) Enacted August 21, 1974, P.L. 93-380, sec. 701, 88 Stat. 588.
PART A-READING IMPROVEMENT PROJECTS
PROJECTS AUTHORIZED
SEC. 705. (a) (1) The Commissioner is authorized to enter into
agreements with other State educational agencies or local educational
agencies, or both, for the carrying out by such agencies, in schools
having large numbers or a high percentage of children with reading
deficiencies, of projects involving the use of innovative methods, sys-
tems, materials, or programs which show promise of overcoming such
reading deficiencies.
(2) The Commissioner is further authorized to enter into agree-
ments with State educational agencies, local educational agencies, or
with nonprofit educational or child care institutions for the carrying
out by such agencies and institutions, in areas where such schools are
located, of such projects for preelementary school children. Such proj-
ects are to be instituted in kindergarten, nursery schools, or other pre-
school institutions.
1 TItle VII of FL. 93-380.
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(b) No agreement may be entered into under this part, unless upon
an application made to the Commissioner at such time, in such man-
ner, and including or accompanied by such information as he may
reasonably require. Each such application shall set forth a reading
program which provides for-
(1) diagnostic testing designed to identify preelementary and
elementary school children with reading deficiencies, including
the identification of conditions which, without appropriate other
treatment, can be expected to impede or prevent children from
learning to read;
(2) planning for and establishing comprehensive reading
programs;
(3) reading instruction for elementary school pupils whose
reading achievement is less than that which would normally be
expected for pupils of comparable ages and in comparable grades
of school;
(4) preservice training programs for te~~ching personnel includ-
ing teacher-aides and other ancillary educational personnel, and
in-service training and development programs. where feasible,
designed to enable such personnel to improve their ability to teach
students to read;
(5) participation of the school faculty, school board members,
administration, parents, and students in reading-related activities
which stimulate an interest in reading and are conducive to the
improvement of readin~ skills:
(6) parent participation in development and implementation of
the program for which assistance is sought:
(7) local educational agency school board participation in the
development of programs;
(8) periodic testing in programs for elementary school children
on a sufficiently frequent basis to measure accurately reading
achievement, and for programs for preelementary school chill-
dren a. test of reading proficiency at the conclusion. minimally, of
the first-grade program into which the nursery and kindergarten
programs are integrated;
(9) publication of test results on reading achievement by grade
level, and where anpropriate~ by school, without identification of
achievement of individual children;
(10) availability of test results on reading achievement on an
individual basis to parents or guardians of any child being so
tested;
(11) participation on an equit.able basis hr children enrolled in
nonprofit private elementary schools in the area to he served
(after consultation with the appropriate private school officials)
to an extent consistent with the number of such children whose
educational needs are of the kind the program is intended to meet:
(12) the use of bilingual education methods and techniques to
the extent consistent with the number of elementary school-age
children in the area served by a reading program who are of
limited English-speaking ability;
(13) appropriate involvement of leaders of the cultural and
educational resources of the area. to be served, including insti-
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tutions of higher education, nonprofit private schools, public and
private nonprofit agencies such as libraries, museums, educational
radio and television, and other cultural and education resources of
the community; and
(14) assessment, evaluation, and collection of information on
individual children by teachers during each year of the pre-
elementary program, to be made available for teachers in the
subsequent year, in order that continuity for the individual child
not be lost.
(c) Each such applicant, in addition to meeting the requirements
of subsection (b), shall provide assurances that-
(1) appropriate measures have been taken by the agency to
analyze the reasons why elementary school children are not read-
ing at the appropriate grade level;
(2) the agency will develop a plan setting forth specific objec-
tives which shall include the goals of having the children in
project schools reading at the appropriate grade level at the end
of grade three; and
(3) whenever appropriate, sufficient measures will be taken to
coordinate each preelementary reading program with the reading
program of the educational agencies or institutions which such
preclementary school children will be next in attendance.
(d) N~ grant may be made under this part unless the application
for such grant provides assurances that the provisions of this sub-
section are met. Each State educational agency shall-
(1) establish an advisory council on reading appointed by such
agency which shall be broadly representative of the education
resources of the State and of the general public, including per-
sons representative of-
(A) public and private nonprofit elementary and secondary
schools,
(B) institutions of higher education,
(C) parents of elementary and secondary school children,
and
(D) areas of professional competence relating to instruc-
tion in reading, and
(2) authorize the advisory council established under clause (1)
to receive and designate priorities among applications for grants
under this section in that State,
if-
(i) that State educational agency desires to receive a grant
under this part, or
(ii) any local educational agency of that State desires to receive
a grant under this part, and notifies the State educational agency
concerned, or
(iii) in the case of a preelementary school program any non-
profit educational agency or child care institution in that State
desires to receive a grant under this part, and notifies the State
educational agency concerned.
(e) No agreement may be entered into under this part unless the
application submitted to the Commissioner-
(1) has first been approved by the State educational agency,
~tnd
44-078 0 - 75 - 31
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(2) is accompanied by assurances that such agency will super-
vise compliance by the local educational agency in that State with
the requirements set forth in subsection (b) of t.his section.
(f) The Commissioner may approve any application submitted
under this part which meets the requirements of subsections (b), (c),
(d), and (e). In approving such applications, the Commissioner may
not use any panel (other than employees of the Office of Education)
for the purpose of such approval.
(g) In approving applications under this part the Commissioner
shall, to the maximum extent feasible, assure an equitable distribution
of funds throughout the United States and among urban and rural
areas. Not more than 121/2 percent of the funds expended under this
part in any fiscal year may be expended in any State in that year.
(20 U.S.C. 1921) Enacted August 21, 1974, P.L. 93-380, sec. 705, 88 Stat. 589,
591.
PART B-STATE READING IMPROVEMENT PROGRAMS
STATEMENT OF PURPOSE
SEc. 711. It is the purpose of this part to provide financial assistance
to the States to enable them-
(1) to provide financial assistance for projects designed to
facilitate reaching the objectives of this title;
(2) to develop comprehensive programs to improve reading
proficiency and instruction in reading in the elementary schools
of the State;
(3) to provide State leadership in the planning, improving,
execution, and evaluation of reading programs in elementary
schools; and
(4) to arrange for and assist in the training of special reading
personnel and specialists needed in programs assisted under this
title.
(20 U.S.C. 1941) Enacted August 21, 1974, P.L. 93-380, sec. 711, 88 Stat. 591.
APPLICABILITY AND EFFECTIVE DATE
SEc. 712. (a) The provisions of this part shall become effective only
in any fiscal year in which appropriations made pursuant to section
732(a) exceed $30,000,000 and then oniy with respect to the amount of
such excess.
(b) The provisions of this part shall be effective on and after the
beginning of fiscal year 1976.
(20 U.S.C. 1942) Enacted August 21, 1974, P.L. 93-380, sec. 712, 88 Stat. 591.
ALLOTMENTS TO STATES
SEC. 713. (a) (1) From the sums appropriated pursuant to section
732(a) for each fiscal year which are available for ca.rrying out this
part, the Commissioner shall reserve such amount, but not in excess
of 1 per centum of such sums, as he may determine, and shall appor-
tion such amount to Guam, American Samoa, the Virgin Islands, and
the Trust Territory of the Pacific Islands according to their respective
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needs for assistance under this title. Of the remainder of such sums,
he shall allot an amount to each State which bears the same ratio to
the amount available for allotment as the number of school age chil-
dren (aged 5 to 12, inclusive) in each such State bears to the total
number of such children in all the States, as determined by the Com-
missioner on the basis of the most recent satisfactory data available
to him. The allotment of a State which would be less than $50,000
under the preceding sentence shall be increased to $50,000, and the total
of the increases thereby required shall be derived by proportionally
reducing the allotments to the remaining States under the preceding
sentence, but with such adjustments as may be necessary to prevent
the allotments to any such remaining States from being reduced to
less than $50,000.
(2) For the purpose of this section the term "State" includes the
District of Columbia and the Commonwealth of Puerto Rico.
(b) The amount allotted to any State under subsection (a) for any
fiscal year which the Commissioner determines will not be required
for that year shall be available for reallotment from time to time,
on such dates during that year as the Commissioner may fix, to other
States in proportion to the amounts originally allotted among those
States under subsection (a) for that year, but with the proportionate
amount for any of the other States being reduced to the extent it
exceeds the sum the Commissioner estimates the local educational
agencies of such State need and will be able to use for that year;
and the total of these reductions shall be similarly reallotted among
the States whose proportionate amounts were not so reduced. Any
amount reallotted to a State under this subsection from funds appro-
priated pursuant to section 732 for any fiscal year shall be deemed
part of the amount allotted to it under subsection (a) for that year.
(20 U.S.C. 1943) Enacted August 21, 1974, P.L. 93-380, sec. 713, 88 Stat. 591,
592.
AGREEMENTS WITH STATE EDUCATIONAL AGENCIES
SEC. 714. (a) Any State which desires to receive grants under this
part shall, through its State educational agency, enter into an agree-
ment with the Commissioner, in such detail as the Commissioner deems
necessary, which-
(1) designates the State educational agency as the sole agency
for administration of the agreement;
(2) provides for the establishment of a State advisory council
on reading, appointed by the State educational agency, which
shall be broadly representative of the educational resources of the
State and of the general public, including persons representative
of-
(A) public and private nonprofit elementary school chil-
dren, and
(B) institutions of higher education,
(C) parents of elementary school children, and
(D) areas of professional competence relating to instruc-
tion in reading,
to advise the State educational agency on the formulation of a
standard of excellence for reading programs in the elementary
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schools and on the preparation of, and policy matters arising in
the administration of, the agreement (including the criteria for
approval of applications for assistance under such agreement) and
in the evaluation of results of the program carried out pursuant
to the agreement;
(3) describes the reading programs in elementary schools for
which assistance is sought under this part and procedures for
giving priority to reading programs which are already receiving
Federal financial assistance and show reasonable promise of
achieving success;
(4) sets forth procedures for the submission of applications by
local education agencies within that State, including procedures
for an adequate description of the reading programs for which
assistance is sought under this part;
(5) sets forth criteria for achieving an equitable distribution
of that part of the assistance under this part which is made avail-
able to local educational agencies pursuant to the second sentence
of subsection (b) of this section, which criteria shall-
(A) take into account the size of the population to be
served, beginning with preschool, the relative needs of pupils
in different population groups within the State for the pro-
gram authorized by this title, and the financial ability of the
local educational agency serving such pupils,
(B) assure that such distribution shall include grants to
local educational agencies having high concentrations of chil-
dren with low reading proficiency, and
(C) assure an equitable distribution of funds among urban
and rural areas;
(6) sets forth criteria for the selection or desi~ation and train-
ing of personnel (such as reading specialists and administrators
of reading programs) engaged in programs assisted under this
part, including training for private elementary school personnel,
which shall include qualifications acceptable for such personnel:
(7) provides for the coordination and evaluation of programs
assisted under this part;
(8) provides for technical assistance and support services for
local educational agencies participating in the program;
(9) makes provision for the dissemination to the educational
community and the general public of information about the ob-
jectives of the program and results achieved in the course of its
implementation;
(10) provides for making an annual report and such other
reports, in such form and containing such information, as the
Commissioner may reasonably require to evaluate the effective-
ness of the program and to carry out his other functions under
this title;
(11) provides that not more than 5 per centum of the amount
allotted to the State under section 713 for any fiscal year may be
retained by the State educational agency for purposes of admin-
istering the agreement; and
(12' provides that programs assisted under this part shall be
of sufficient size, scope, and quality so as to give reasonable promise
of substantial progress toward achieving the purposes of this
title.
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(b) Grants for projects to carry out the purposes of this part
may be made to local educational agencies (subject to the provision
of subsection (e) relating to the participation of private elementary
and secondary school pupils), institutions of higher education, and
other public and nonprofit private agencies and institutions. Not less
than 60 per centum of the amount allotted to a State under section
713 for any fiscal year shall be made available by the State for grants
to local educational agencies within that State.
(c) The Commissioner shall enter into an agreement which complies
with the provisions of subsection (a) with any State which desires
to enter into such an agreement.
(d) The Commissioner's final action with respect to entering into
an agreement under subsection (a) shall be subject to the provisions ~
of section 207 of the Elementary and Secondary Education Act of
1965, relating to judicial review.
(e) The provisions of section 141A of the Elementary and Second-
ary Education Act of 1965 relating to the participation of children
enrolled in private elementary and secondary schools shall apply to
programs assisted under this part.
(20 U.S.C. 1944) Enacted August 21, 1974, P.L. 93-380, sec. 714, 88 Stat. 592,
594.
PART C-OTHER READING IMPROVEMENT PROGRAMS
SPECIAL EMPHASIS PROJECTS
SEC. 721. (a) The Commissioner is authorized to contract with local
educational agencies for special emphasis projects to determine the
effectiveness of intensive instruction by reading specialists and read-
ing teachers. Each such project should provide for-
(1) the teaching of reading by a reading specialist for all
children in the first and second grades of an elementary school
and the teaching of reading by a reading specialist for elementary
school children in grades three through six who have reading
problems; and
(2) an intensive vacation reading program for elementary
school children who are found to be reading below the appropriate
grade level or who are experiencing problems in learning to read.
(b) No contract may be entered into under this section unless upon.
an application made to the Commissioner at such time in such man-
ner, and including or accompanied by such information as he may
reasonably require. Each such application shall provide assurances
that-
(1) the provisions of section 705 (b) are met; and
(2) the State educational agency has certified that individuals
employed as reading specialists and reading teachers meet the
requirements of subsections (e) and (f).
(c) No contract may be entered into under this section unless the
project has been approved by the State educational agency.
(d) The Commissioner is authorized to enter into at least one
arrangement with a local educational agency for a districtwide project
conducted in all schools of such agencies. In selecting the districtwide
project, the Commissioner shall give priority to an application from a
local educational agency if the Commissioner finds that-
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(1) the local educational agency will give credit for any
course to be developed for reading teachers or reading special-
ists under section 722 and will encourage participation by the
teachers of such agency in the training;
(2) the local public educational television station will present
or distribute, in the event supplementary noncommercial tele-
communication is utilized, a.ny course to be developed under sec-
tion 722 at an hour convenient for the. viewing by elementary
school teachers, and, if possible, at a time convenient for such
teachers to take the course, as a group, at the elementary school
where they teach; and
(3) the local educational agency will make arrangements with
the appropriate officials of institutions of higher education to
obtain academic credit for the completion of such a course.
(e) In any project assisted under this section a reading teacher may
be used in lieu of a reading specialist, if the Commissioner finds that
the local educational agency participating in a reading emphasis proj-
ect is unable to secure individuals who meet the requirements of a
reading specialist and if such reading teacher is enrolled or will enroll
in a program to become a reading specialist. A regular elementary
teacher may be used in lieu of a reading teacher if the Commissioner
finds that the local educational agency participating in a reading
emphasis project is unable to secure individuals who meet the require-
ments of the reading teacher, and if such regular elementary teacher is
enrolled or will enroll in a program to become a reading teacher.
(f) For the purpose of this section and section 722 the term-
(1) "reading specialist" means an individual who has a rnnster's
degree, with a major or specialty in reading. from an accredited
institution of higher education and has successfully completed
three years of teaching experience, which includes reading instruc-
tion, and
(2) "reading teacher" means an individual, with a bachelor's
degree, who has successfully completed a minimum of twelve
credit hours, or its equivalent, in courses of the teaching of read-
ing at an accredited institution of higher education, and has
successfully completed two years of teaching experience, which
includes reading instruction.
(20 U.S.C. 1961) Enacted August 21, 1974, P.L. 93-380. sec. 721. 88 Stat. 594,
595.
READING TRAINING ON PUBLIC TELEVISION
SEC. 722. (a) The Commissioner is authorized, through grants or
contracts, to enter into contractual arrangements with institutions of
higher education, public or private agencies or organizations, and
individuals for-
(1) the preparation, production, evaluation, and distribution
for use on public educational television stations of courses for
elementary school teachers who are or intend to become reading
teachers or reading specialists; and
(2) the preparation and distribution of informational and study
course material to be used in conjunction with any such course.
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(b) In carrying out the provisions of this section the Commissioner
shall consult with recognized authorities in the field of reading, spe-
cialists in the use of the communications media for educational pur-
poses, and with the State and local educational agencies participating
in projects under this title.
(20 U.S.C. 1962) Enacted August 21, 1974, P.L. 93-380, sec. 722, 88 Stat. 5~5,
READING ACADEMIES
SEC. 723. (a) The Commissioner is authorized to make grants to
and to enter into contracts with State and local educational agencies,
institutions of higher education, community organizations and other
nonprofit organizations, having the capacity to furnish reading assist-
ance and instruction to youths and adults who do not otherwise re-
ceive such assistance and instruction.
(b) Grants made and contracts entered into under this section shall
contain provisions to assure that such reading assistance and instruc-
tion will be provided in appropriate facilities to be known as "reading
academies".
(20 U.S.C. 1963) Enacted August 21, 1974, P.L. 93-380, sec. 723, 88 Stat. 595.
PART P-GENERAL PRovIsIoNs
EVALUATION
SEC. 731. (a) The Commissioner shall submit an evaluation report
to the Committee on Labor and Public Welfare of the Senate and the
Committee on Education and Labor of the House of Representatives
not later than March 31, in each fiscal year ending prior to fiscal year
1979. Each such report shall-
(1) contain a statement of specific and detailed objectives for
the program assisted under the provisions of this title;
(2) include a statement of the effectiveness of the program in
meeting the stated objectives, measured through the end of the
preceding fiscal year;
(3) make recommendations with respect to any changes or ad-
ditional legislation deemed necessary or desirable in carrying out
the program;
(4) contain a list identifying the principal analyses and studies
supporting the major conclusions and recommendations contained
in the report; and
(5) contain an annual evaluation plan for the program through
the ensuing fiscal year for which the budget was transmitted to
Congress by the President, in accordance with section 201 (a) of
the Budget and Accounting Act, 1921.
(b) From the sums appropriated pursuant to section 732 for any
fiscal year, the Commissioner may reserve such amount, not in excess
of 1 per centum of such sums, as he deems necessary for evaluation, by
the Commissioner or by public or private nonprofit agencies, of pro-
grams assisted under this title.
(20 U.S.C. 1981) Enacted August 21, 1974, P.L. 93-380, sec. 731, 88 Stat. 596.
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478
AUTHORIZATION OF APPROPRIATIONS
SEC. 732. (a) There are authorized to be appropriated to carry out
the provisions of parts A and B of this title $30,000,000 for the fiscal
year ending June 30, 1975, $82,000,000 for the fiscal year ending
June 30, 1976, $88,000,000 for the fiscal year ending June 30, 1977, and
$93,000,000 for the fiscal year ending June 30, 1978.
(b) There are authorized to be appropriated to carry out the provi-
sions of section 721, relating to special emphasis projects, $15,000,000
for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year
ending June 30, 1976, and $25,000,000 for each of the fiscal years ending
June 30, 1977 and 1978.
(c) There are authorized to be appropriated for the purpose of
carrying out section 722, relating to reading training on public tele-
vision, $3,000,000 for the fiscal year ending June 30, 1975. Sums
appropriated pursuant to this subsection shall remain available for
obligation and expenditure through the succeeding fiscal year.
(d) There are authorized to be appropriated to carry out the pro-
visions of section 723, relating to reading academies, $5,000,000 for the
fiscal year ending June 30, 1975, $7,500,000 for the fiscal year ending
June 30, 1976, and $10,000,000 for each of the fiscal years ending
June 30, 1977 and 1978.
(20 U.S.C. 1982) Enacted August 21, 1974, P.L. 93-380, sec. 732, 88 Stat. ~96
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PART V-EDIJCATIONAL PERSONNEL TRAINING
PROGRAMS
Higher Education Act of 1965
(P.L. 89-329)
* * * * * * *
TITLE V-EDUCATION PROFESSIONS DEVELOPMENT
(The provisions of Title V are included in the Higher Education Act of 1965.
See p. 358).
(479)
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PART VI-VOCATIONAL EDUCATION PROGRAMS
Vocational Education Act of 1963
AN ACT To strengthen and improve the quality of vocational education and to
expand the vocational education opportunities in the Nation, to extend for
three years the National Defense Education Act of 1958 and Public Laws 815
and 874, Eighty-first Congress (federally affected areas), and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that Title I of this
Act may be cited as the "Vocational Education Act of 1963".
TITLE I-VOCATIONAL EDUCATION 1
PART A-GENERAL PRovIsIoNs
DECLARATION OF PURPOSE
SEC. 101. It is the purpose of this title to authorize Federal grants
to States to assist them to maintain, extend, and improve existing pro-
grams of vocational education, to develop new programs of vocational
education, and to provide part-time employment for youths who need
the earnings from such employment to continue their vocational train-
ing on a full-time basis, so that persons of all ages in all communities
of the State-those in high school, those who have completed or dis-
continued their formal education and are preparing to enter the labor
market, those who have already entered the labor market but need to
upgrade their skills or learn new ones, those with special educational
handicaps, and those in postsecondary schools-will have ready access
to vocational training or retraining which is of high quality, which is
realistic in the light of action or anticipated opportunities for gainful
employment, and which is suited to their needs, interests, and ability
to benefit from such training.
(20 U.S.C. 1241) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1064.
AUTHORIZATION OF APPROPRIATIONS
SEC. 102. (a) There are authorized to be appropriated $355,000,000
for the fiscal year ending June 30, 1969, $565,000,000 for the fiscal year
ending June 30, 1970, $675,000,000 for the fiscal year ending June 30,
1971, $675~000,000 for the fiscal year ending June 30, 1972, and
$565,000,000 for the fiscal year ending June 30, 1973, and each succeed-
ing fiscal year for the purposes of parts B and C of this title. From the
1 TItles II and III of this Act, as redesignated `by the Vocational Education Amendments
of 1968 (P.L. 9O-~576), were amendments to the National Defense Education Act of 1958,
Public Law 81d, 81st Congress, and Public Law 874, 81st Congress. These amendments are
incorporated into the text of these laws and are not printed in this part.
(481)
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amount appropriated pursuant to the preceding sentence and alotted
to each State under section 103, 90 per centum shall be available for the
purposes of part B and 10 per centum shall be available for the pur-
poses of part C.
(b) There are also authorized to be appropriated $40~000.000 each
for the fiscal years and ending June 30, 1969, and June 30. 1970, $50,-
000,000 for the fiscal year ending June 30, 1971, and $60~000.000 for
the fiscal year ending June 30, 1972, and for the succeeding fiscal years
ending prior to July 1, 1975, for the purposes of section 122(a) (4)
(A). Nothing in this subsection shall be construed to affect the avail-
ability for such purposes, of appropiations made pursuant to subsec-
tion (a) of this section.
(c) There are authorized to be appropriated $17,500,000 for the
fiscal year ending June 30, 1975, for the purposes of carrying out
section 122 (a) (4) (C). Nothing in this subsection shall be construed
to affect the availability for such purpose of appropriations made
pursuant to subsection (a).
(d) There are further authorized to be appropriated for each fiscal
year such sums as may be necessary to pay the cost of the administra-
tion and development of State plans. the activities of advisory councils
created under this title, and the evaluation and dissemination activi-
ties required pursuant to this title.
(20 U.S.C. 1242) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1064; amended, Apr. 13, 1970, P.L. 91-230, Title VII, see. 701, 84 Stat. 188;
amended June 23, 1972, P.L. 92-318, sec. 201, 86 Stat. 325; amended August 21,
1974, P.L. 93-380, sec. 841(a), 88 Stat. 606.
ALLOTMENTS AMONG STATES
SEc. 103. (a) (1) From the sums appropriated pursuant to section
102 (a) the Commissioner shall first reserve an amount. not to exceed
$5,000,000 in any fiscal year, for transfer to the Secretary of Labor to
finance (upon terms and conditions mutually satisfactory to the Com-
missioner and the Secretary of Labor) national, regional, State, and
local studies and projections of manpower needs for the use and guid-
ance of ~Federal, State, and local officials, and of advisory coimcils
charged with responsibilities under this title.
(2) The remainder of the sums appropriated pursuant to section
102(a) and all of the sums appropriated pursuant to section 102(b)
shall be allotted among the States on the basis of the number of per-
sons in the various age groups needing vocational education and the
per capita income in the respective States as follows: The Commis-
sioner shall allot to each State for each fiscal year-
(A) An amount which bears the same ratio to 50 per centum
of the sums being allotted, as the product of the population aged
fifteen to nineteen, inclusive, in the State in the preceding fiscal
year and the State's allotment ratio bears to the sum of the
corresponding products for all the States; plus
(B) An amount which bears the same ratio to 20 per centum
of the sums being allotted, as the product of the population aged
twenty to twenty-four, inclusive, m the State in the preceding
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483
fiscal year and the State's allotment ratio bears to the sum of the
corresponding products for all the States; pius
(C) An amount which bears the same ratio to 15 per centum
of the sums being allotted, as the product of the population aged
twenty-five to sixty-five, inclusive, in the State in the preceding
fiscal year and the State's allotment ratio bears to the sum of the
corresponding products for all the States; plus
(D) An amount which bears the same ratio to 15 per centum
of the sums being allotted, as the sum of 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 paragraphs (A), (B), and (C) for such year.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year which is less than $10,000 shall be increased to that
amount, the total of the increases thereby required being derived by
proportionately reducing the allotments to each of the remaining
States under such subsection, but with such adjustments as may be
necessary to prevent the allotment of any of such remaining States
from being thereby reduced to less than that amount.
(c) The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be re-
quired for such fiscal year for carrying out the program for which such
amount has been allotted shall be available, from time to time, for
reallotment, on such dates during such year as the Commissioner shall
fix, on the basis of criteria established by regulation, first among pro-
grams authorized by other parts of this title within that State and
then among other States, except that funds appropriated under section
102(b) may only be reallotted for the use set forth in section 122
(a) (4) (A). Any amount reallotted to a State under this subsection
for any fisca1~ year shall remain available for obligation during the
next succeeding fiscal year and shall be deemed to be part of its
allotment for the year in which it is obligated.
(d) (1) 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 Puerto Rico, Guam, American Samoa, the Virgin Islands, and
the Trust Territory of the Pacific 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 Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands shall be 0.60.
(2) The allotment ratios shall be promulgated by the Commis-
sioner for each fiscal year between July 1 and September 30 of the
preceding fiscal year. Allotment ratios shall be computed on the basis
of the average of the appropriate per capita incomes for the three
most recent consecutive fiscal years for which satisfactory data are
available.
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484
(3) The term "per capita income" means, with respect to a fiscal
year, the total personal income in the calendar year ending in such
year, divided by the population of the area concerned in. such year.
(4) For the purposes of this section population shall be determined
by the Commissioner on the basis of the latest estimates available to
him.
(20 11.5.0. 1243) Enacted Oct. 16, 1968, P.L. 90-~76. Title I. sec. 101(b), 82
Stat. 1065; amended Apr. 13, 1970, P.L. 91-230, Title VII, sec. 702, 84 Stat. 189.
NATIONAL AND STATE ADVISORY COUNCILS
SEc. 104. (a) (1) There is hereby created a National Advisory Coun-
cil on Vocational Education (hereinafter referred to as the "National
Council") consisting of twenty-one members appointed by the Presi-
dent, without regard to the civil service laws, for terms of three years,
except that (i) in the case of the initial members, seven shall be. ap-
pointed for terms of one year each and seven shall be appointed for
terms of two years each, and (ii) appointments to fill vacancies shall
be only for such terms as remain unexpired. The Council shall include
persons-
(A) representative of labor and management. including per-
sons who ha.ve knowledge of the semiskilled, skilled, and technical
employment in such occupational fields as agriculture, home eco-
nomics, distribution and marketing, health, trades, manufactur-
ing, office and service industries, and persons representative of
new and emerging occupational fields,
(B) familiar with manpower problems and administration of
manpower programs,
(C) knowledgeable about the administration of State and
local vocational education programs, including members of local
school boards,
(D) experienced in the education and training of handicapped
persons and of persons of limited English-speaking ability (as
defined in section ?03 (a) of title VII of the Elementary and Sec-
ondary Education Act of 1965),
(E) familiar with the special problems and needs of indi-
viduals disadvantaged by their socioeconomic backgrounds,
(F) having special knowledge of postsecondar-v and adult
vocational education programs, and
(G) representative of the general public who are not Federal
employees, including parents and students. except that they may
not be representative of categories (A) through (F), and who
shall constitute no less than one-third of the total membership.
The National Council shall meet at the call of the Chairman, who
shall be selected by the President, but not less than four times a year.
(2) The National Council shall- . .
(A) advise the Commissioner concerning t.he administration
of, preparation of general regulations for. and operation of,
vocational education programs supported with assistance under
this title and under Part B of Title X of the Higher Education
Act of 1965;
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(B) review the administration and operation of vocational
education programs under this title and under Part B of Title X
of the Higher Education Act of 1965, including the effectiveness
of such programs in meeting the purposes for which they are
established and operated, make recommendations with respect
thereto, and make annual reports of its findings and recommen-
dations (including recommendations for changes in the provisions
of this title) to the Secretary for transmittal to the Congress;
and
(C) conduct independent evaluations of programs carried out
under this title and under Part B of Title X of the Higher
Education Act of 1965, and publish and distribute the results
thereof.
(4) The Council is authorized, without regard to the civil service
laws, to engage such technical assistance as may be required to carry
out its functions, and to this end there are hereby authorized to be
appropriated for the fiscal year ending June 30, 1969, $100,000, and
for the fiscal year ending June 30, 1970, and each of the five succeed-
ing fiscal years, $150,000.
(5) The National Council shall review the possible duplication of
vocational education programs at the postsecondary and adult levels
within geographic areas, and shall make annual reports of the extent
to which such duplication exists, together with its findings and recom-
mendations, to the Secretary. In making these reports, the Council
shall seek the opinions of persons familiar with postsecondary and
adult vocational education in each State from schools, junior colleges,
technical institutes, and other institutions of higher education, as well
as from State boards of education, State junior college boards, and
State boards of higher education, and persons familiar with area
schools, labor, business and industry, accrediting commissions, pro-
prietary institutions, and manpower programs. Subject to section
448(b) of the General Education Provisions Act, the National Council
shall continue to exist until July 1, 1976.
(b) (1) Any State which desires to receive a grant under this title
for any fiscal year shall establish a State advisory council, which shall
be appointed by the Governor or, in the case of States in which the
members of the State board are elected (including election by the
State legislature), by such board, and which shall-
(A) include as members a person or persons-
(i) familiar with the vocational needs and the problems
of management and labor in the State, and a person or
persons representing State industrial and economic develop-
ment agencies,
(ii) representative of community and junior colleges and
other institutions of higher education, area vocational schools,
technical, institutes, and postsecondary or adult education
agencies or institutions, which may provide programs of voca-
tional or technical education and training,
(iii) familiar with the administration of State and local
vocational education programs, and a person or persons hav-
ing special knowledge, experience, or qualifications with re-
PAGENO="0496"
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spect to vocational education and who are not involved in the
administration of State or local vocational education pro-
grams,
(iv) familiar with programs of technical and vocational
education, including programs in comprehensive secondary
schools,
(v) representative of local educational agencies, and a per-
son or persons who are representative of school boards,
(vi) representative of manpower and vocational educa-
tion agencies in the State, including a person or persons from
the Comprehensive Area Manpower Planning System of the
State,
(vii) representing school systems with large concentrations
of academically, socially, economically, and culturally disad-
vantaged students (and may include, where appropriate, stu-
dents who are persons of limited English-speaking ability (as
defined in section 703 (a) of title VII of the Elementary and
Secondary Education Act of 1965))".
(viii) having special knowledge, experience, or qualifica-
tions, with respect to the special educational needs of physi-
cally or mentally handicapped persons, and
(ix) representative of the general public, including a per-
son or persons representative of and knowledgeable about the
poor and disadvantaged, who are not qualified for membership
under any of the preceding clauses of this paragraph;
(B) advise the State board on the development of and policy
matters arising in the administration of the State plan submitted
pursuant to part B of this title, including the preparation of long-
range and annual program plans pursuant to paragraphs (4) and
(5) of section 123 (a);
(C) evaluate vocational education programs, services and activ-
ities assisted under this title, and publish and distribute the results
thereof; and
(D) prepare and submit through the State board to the Com-
missioner and to the National Council an annual evaluation report.
accompanied by such additional comments of the State board as
the State board deems appropriate, which (i) evaluates the effec-
tiveness of vocational education programs. services, and activities
carried out in the year under review in meeting the program objec-
tives set forth in the long-range program plan and the annual
program plan provided for in paragraphs (4) and (5) of section
123(a), and (ii) recommends such changes in such programs, serv-
ices, and activities as may be warranted by the evaluations.
(2) Not less than ninety days prior to the beginning of any fiscal
year ending after June 30, 1969, in which a State desires to receive a
grant under this title, that State shall certify the establishment of, and
membership of, its State Advisory Council to the Commissioner.
(3) Each State Advisory Council shall meet within thirty days
after certification has been accepted by the Commissioner and select
from among its membership a chairman. The time, place, and manner
of meeting shall be as provided by the rules of the State Advisory
Council, except that such rules must provide for not less than one
PAGENO="0497"
487
public meeting each year at which the public is given opportunity to
express views concerning vocational education.
(4) State Advisory Councils are authorized to obtain the services
of such professional, technical, and clerical personnel as may be neces-
sary to enable them to carry out their functions under this title and
to contract for such services as may be necessary to enable them to
carry out their evaluation functions.
(c) State advisory councils also shall perform with respect to the
programs carried out under part B of title X of the Higher Educa-
tion Act of 1965 functions identical with or analogous to those as-
signed under this title, and the Commissioner shall assure that ade-
quate funds are made available to such Councils from funds appro-
priated to carry out part B of that title (without regard to whether
such funds have been allotted to States) to enable them to perform
such functions.
(d) From the sums appropriated pursuant to section 102(c) for
any fiscal year, the Commissioner is authorized (in accordance with
regulations) to pay to each State Advisory Council an amount equal
to the reasonable amounts expended by it in carrying out its functions
under this title in such fiscal year, except that the amount available for
such purpose shall be equal to 1 per centum of the State's allotment
under section 103, but such amount shall not exceed $150,000 and shall
not be less than $50,000.
(20 U.S.C. 1244) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101, 82 Stat.
1060; subsection (a) (3) repealed Apr. 13, 1970, P.L. 91-230, Title IV, sec.
401(b) and superseded by sec. 434 of Title IV of P.L. 90-247, as amended
(20 U.S.C. 1233c) ; subsection (b) (1) amended Apr. 13, 1970, P.L. 91-230, Title
VII, sec. 703, 84 Stat. 189, subsection (a) (4) amended June 23, 1972, P.L. 92-318,
sec. 209, 86 Stat. 326, further amended by P.L. 92-318, sec. 509(b), 86 Stat.
353; amended August 21, 1974, P.L. 93-380, sec. 841(a), 88 Stat. 606, 607.
LIMITATION ON PAYMENTS UNDER THIS TITLE
SEC. 107. (a) Nothing contained in this title shall be construed to
authorize the making of any payment under this title for religious
worship or instruction, or for the construction, operation, or mainte-
nance of so much of any facility as is used or to be used for sectarian
instruction or as a place for religious worship.
(b) Funds appropriated pursuant to this title may be used for
residential vocational education schools only to the extent that the
operation of such schools is consistent with general regulations of the
Commissioner concerning the operation of such schools, but in no case
may juveniles be assigned to such schools as the result of their delin-
quent conduct, and such facilities may not be used in such a manner as
to result in racial segregation.
(20 U.S.C. 1247) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1069.
DEFINITIONS
SEc. 108. For the purposes of this title-
(1) The term "vocational education" means vocational or technical
train:tng or retraining which is given in schools or classes (including
field or laboratory work and remedial or related academic and techni-
44-078 0 - 75 - 32
PAGENO="0498"
488
cal instruction incident thereto) under public supervision and control
or under contract with a State board or local educational agency and
is conducted as part of a program designed to prepare individuals for
* gainful employment (including volunteer firemen) as semiskilled or
skilled workers or technicians or subprofessionals in recognized occu-
pations and in new and emerging occupations or to prepare individuals
for enrollment in advanced technical education programs, but exclud-
ing any program to prepare individuals for employment in occupa-
tions which the Commissioner determines, and specifies by regulation,
to be generally considered professional or which requires a baccalau-
reate or higher degree; and such term includes vocational guidance
and counseling (individually or through group instruction) in con-
nection with such training or for the purpose of facilitating occupa-
tional choices; instruction related to the occupation or occupations
for which the students are in training or instruction necessary for
students to benefit from such training; job placement; the training
of persons engaged as, or preparing to become, teachers in a voca-
tional education program or preparing such teachers to meet special
education needs of handicapped students; teachers, supervisors, or
directors of such teachers while in such a training program; travel
of students and vocational education personnel while engaged in a
training program; and the acquisition, maintenance, and repair of
instructional supplies, teaching aids, and equipment, but such term
does not include the construction, acquisition, or initial equipment of
buildings or the acquisition or rental of land. Such terms includes
industrial arts education programs in eases where the Commissioner
determines by regulation that such programs will accomplish or facili-
tate one or more of the purposes of the first sentence of this paragraph.
(2) The term "area vocational education school" means-
(A) a specialized high school used exclusively or principally
for the provision of vocational education to persons who are avail-
able for study in preparation for entering the labor market, or
(B) the department of a high school exclusively or principally
used for providing vocational education in no less than five differ-
ent occupational fields to persons who are available for study in
preparation for entering the labor market, or
(C) a technical or vocational school used exclusively or prin-
cipally for the provision of vocational education to persons who
have completed or left high school and who are available for
study in preparation for entering the labor market, or
(D) the department or division of a junior college or commu-
nity college or university which provides vocational education in
no less than five different occupational fields, under the supervi-
sion of the State Board, leading to immediate employment but not
necessarily leading to a baccalaureate degree3
if it is available to all residents of the State or an area of the State
designated and approved by the State Board. and if. in the case of
a school, department, or division described in (C) or (D). if it admits
as regular students both persons who have completed high school and
persons who have left high school.
* : (3) The term "school facilities" means classrooms a.nd related facili-
ties (including initial equipment) and interests in lands on which such
facilities are constructed~ Such term shall not include any facility
PAGENO="0499"
489
intended primarily for events for which admission is to be charged to
the general public.
(4) The term "construction" includes construction of new buildings
and acquisition, expansion, remodeling, and alteration of existing
buildings, and includes site grading and improvement and achitect
fees.
(5) The term "Commissioner" means the Commissioner of Educa-
tion, and the term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(6) The term "handicapped," when applied to persons, means per-
sons who are mentally retarded, hard of hearing, deaf, speech im-
paired, visually handicapped, seriously emotionally disturbed, crip-
pled or other health impaired persons who by reason thereof require
special education and related services.
(7) The term "State" includes, in addition to the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Trust Territory of the
Pacific Islands.
(8) The term "State Board" means a State Board designated or cre-
ated by State law as the sole State agency responsible for the adminis-
tration of vocational education, or for supervision of the administra-
tion thereof by local educational agencies, in the State.
(9) The term "local educational agency" means a board of educa-
tion or other legally constituted local school authority having admin-
istrative control and direction of public elementary or secondary
schools in a city, county, township, school district, or political sub-
division in a State, or any other public educational institution or
agency having administrative control and direction of a vocational
education program.
(10) The term "high school" does not include ally grade beyond
grade 12.
(11) The term "private vocational training institution" means a
business or trade school, or technical institution or other technical or
vocational school, in any State, which (A) admits as regular students
only persons who have completed or left elementary or secondary
school and who have the ability to benefit from the training offered by
such institution; (B) is legally authorized to provide, and provides
within that State, a program of postsecondary vocational or technical
education designed to fit individuals for useful employment in recog-
nized occupations; (C) has been in existence for two years or has been
specially accredited by the Commissioner as an institution meeting
the other requirements of this subsection; and (D) is accredited (i) by
a nationally recognized accrediting agency or association listed by the
Commissioner pursuant to this clause, or (ii) if the Commissioner
determines that there is no nationally recognized accrediting agency
or association qualified to accredit schools of a particular category,
by a State agency listed by the Commissioner pursuant to this clause,
or (iii) if the Commissioner determines that there is no nationally
recognized or State agency or association qualified to accredit schools
of a particular category, by an advisory committee appointed by him
and composed of persons specially qualified to evaluate training pro-
vided by schools of that category, which committee shall prescribe the
standards of content, scope, and quality which must be met by those
PAGENO="0500"
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schools and shall also determine whether particular schools meet those
standards. For the purpose of this subsection, the Commissioner shall
publish a list of nationally recognized accrediting agencies or associa-
tions and State agencies which he determines to be reliable authority
as to the quality of education or training afforded.
(12) The term "Vocational Education Act of 1946" means titles I,
II, and III of the Act of June 9, 1936, as amended (20 U.S.C. 15i-15m,
15o-15q, lSaa-lSjj, lsaaa-l5ggg).
(13) The term "supplementary vocational education Acts" means
section 1 of the Act of March 3, 1931 (20 U.S.C. 30) (relating to voca-
tional education in Puerto ~~Rico),the Act of March 18, 1950 (20 U.S.C.
31-33) (relating to vocational education in the Virgin Islands), and
section 9 to the Act of August 1, 1956 (20 U.S.C. 34) (relating to voca-
tional education in Guam).
(14) The term "vocational training" means training or retrainmg
which is conducted as part of a program designed to prepare indi-
viduals for gainful employment as semiskilled or skilled workers or
technicians or subprofessionals in recognized occupations and in new
and emerging occupations, but excluding any program to prepare
individuals for employment in occupations which the Commissioner
determines, and specifies by regulation, to be generally considered pro-
fessional which requires a baccalaureate or higher degree; such term
includes guidance and counseling (either individually or through
group instruction) in connection with such training or for the purpose
of facilitating occupational choices; instruction related to the occupa-
tion or occupations to which the students are in training or instruc-
tion necessary for students to benefit from such training; the training
of persons engaged as, or preparing to become, instructors in a voca-
tional training program; travel of students and vocational training
personnel while engaged in a training program; and the acquisition,
maintenance, and repair of instructional supplies, aids, and equipment,
but such term does not inchide the construction, acquisition, or initial
equipment of buildings or the acquisition or rental of land.
(15). The term "postsecondary educational institution" means a
nonprofit institution legally authorized to provide postsecondary edu-
cation within a State for persons sixteen years of age or older, who
have graduated from or left elementary or secondary school.
(20 U.S.C. 1248) Enacted Oct. 16, 1968, P.L. 90-576. Title I, sec. 101(b), 82
Stat. 1069; amended June 23, 1972, P.L. 92-318, sec. 202, 86 Stat. 325; amended
August 21, 1974, P.L. 93-380, sec. 841(a) (3), 88 Stat. 6&7.
PART B-STATE VOCATIONAL EDUCATION PROGRAMS
AUTHORIZATION OF GRANTS
SEC. 121. From the sums made available for grants under this part
pursuant to sections 102 and 103, the Commissioner is authorized to
make grants to States to assist them in conducting vocational educa-
tion programs for persons of all ages in all communities-of the States,
which are designed to insure that education and training programs
for career vocations are available to all individuals who desire and
need such education and training.
(20 U.S.C. 1261) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
}4tat. 1072.
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491
USES OF FEDERAL FUNDS
SE0. 122. (a) Grants to States under this part may be used, in
accordance with State plans approved pursuant to section 123, for the
following purposes:
(1) vocational education programs for high school students,
including such programs which are designed to prepare them for
advanced or highly skilled postsecondary vocational and technical
education;
(2) vocational education for persons who have completed or
left high school and who are available for study in preparation for
entering the labor market;
(3) vocational education for persons (other than persons who
are receiving training allowances under the Manpower Develop-
ment and Training Act of 1962 (Public Law 87-415), the Area
Redevelopment Act (Public Law 87-27), or the Trade Expansion
Act of 1962 (Public Law 87-794)) who have already entered the
labor market and who need training or retraining to achieve sta-
bility or advancement in employment;
(4) (A) vocational education for persons (other than handi-
capped persons defined in section 108 (6)) who have academic,
socioeconomic, or other handicaps that prevent them from suc-
ceeding in the regular vocational education program;
(B) vocational education for handicapped persons who because
of their handicapping condition cannot succeed in the regular
vocational education program without special educational assist-
ance or who require a modified vocational education program;
(C) vocational education for students of limited English-
speaking ability (as defined in section 703 (a) of title VII of the
Elementary and Secondary Education Act of 1965) carried out in
coordination with bilingual education programs under such title
VII and bilingual adult education programs under section 306(a)
(11) of the Adult Education Act;
(5) construction of area vocational education school facilities;
(6) vocational guidence and counseling designed to aid 1)er-
sons enumerated in paragraphs (1) through (4) of this subsection
in the selection of, and preparation for, employment in all voca-
tional areas;
(7) provision of vocational training through arrangements
with private vocational training institutions where such private
institutions can make a significant contribution to attaining the
objectives of the State plan, and can provide substantially equiva-
lent training at a lesser cost, or can provide equipment or services
not available in public institutions; and
(8) ancillary services and activities to assure quality in all
vocational education programs, such as teacher training and
supervision, program evaluation, special demonstration and
experimental programs, development of instructional materials,
and improved State administration and leadership, including
periodic evaluation of State and local vocational education pro-
grams and services in light of information regarding current
and projected manpower needs and job opportunities.
PAGENO="0502"
492
(b) In addition to the uses of funds specified in subsection (a),
funds appropriated pursuant to section 102(c) and paid to a State for
the following purpose by the Commissioner may be used for-
(1) the development of the State plan;
(2) State administration of the State plan, including obtain-
ing information regarding current and projected manpower needs
and job opportunities; and
(3) the evaluations required under this title and the dissemi-
nation of the results thereof.
(c) (1) At least 25 per centum of that portion of each State?s allot-
ment of funds appropriated under section 102 (a) for any fiscal year
beginning after June 30, 1969, which is in excess of its base allotment
shall be used only for the purpose set forth in paragraph (4) (A) of
subsection (a): Provided~ That for any such fiscal year the amount
used for such purpose shall not be less than 15 per centum of the total
allotment of such funds for each State, except as any requirement
under this paragraph may be waived for any State by the Commis-
sioner for any fiscal year uponhis finding that the requirement imposes
a hardship or is impractical in its application.
(2) At least 25 per centum of that portion of each State's allotment
of funds appropriated under section 102(a) for any fiscal year begin-
fling after June 30, 1969, which is in excess of its base allotment shall
be used only for the purpose set forth in paragraph (2) of subsection
(a) : Provided, That for any such fiscal year the amount used for such
purpose shall not be less than 15 per centum of the total allotment of
such funds for each State, except as any requirement under this para-
graph may be waived for any State by the Commissioner for any fiscal
year upon his finding that the requirement imposes a hardship or is
impractical in its application.
(3) At least 10 per centum of each State's allotment of funds ap-
propriated under section 102 (a) for a.ny fiscal year beginning after
June 30. 1969~ shall be used only for the purpose set forth in paragraph
4(B) of subsection (a).
(4) As used in this subsection, the term "base allotment" means
the sum of the allotments to a State for the fiscal year ending June 30,
1969, from (1) sums appropriated under section 102(a) of this Act,
(21. the Smith-Hughes Act ;(that. is, the Act approved February 23,
1917(39 Stat. 929; 20 U.S.C. 11-15, 16-28)), (3) the Vocational Edu-
cation Act of 1946~ and (4) any of the supplementary vocational edu-
cational Acts (including, in the case of American Samoa, section 2 of
the Act of September 25, 1962, 48 U.S.C. 1667).
(20 U.S.C. 1262) Enacted Oct. 16, 1968, P.L. 90-576. Title I, sec. 101(b). 82
Stat. 1072; amended August 21, 1974, P.L. 93-380. sec. 841(a) (5), 88 Stat. 607.
STATE PLANS
SEc 123 (a) Any State desiring to receive the `imount for which
it is eligible for any fiscal year pursuant to this title shall submit a
State plan at such time, in such detail, and containing such information
as the Commissioner deems necessary, which meets the requirements set
forth in this title. The Commissioner shall approve a plan submitted
by a State if he determines that the plan submitted for that year-
PAGENO="0503"
493
(1) has been prepared in consultation with the State advisory
council for that State;
(2) designates the State board as the sole agency for adminis-
tration of the State plan, or for supervision of the administration
thereof by local educational agencies;
(3) has been submitted only after the State board (A) has
given reasonable notice, and afforded a reasonable opportunity for
a public hearing, and (B) has implemented policies and proce-
dures to insure that copies of the State plan and all statements of
general policies, rules, regulations, and procedures issued by the
State board concerning the administration of such plan will be
made reasonably available to the public;
(4) sets forth a long-range program plan (or, as is appro-
priate, a supplement to, or revision of, a previously submitted
long-range plan) for vocational education in the State, which pro-
gram plan (A) has been prepared in consultation with the State
advisory council, (B) extends over such period of time (but not
more than five years or less than three years), beginning with the
fiscal year for which the State plan is submitted, as the Commis-
sioner deems necessary and appropriate for the purposes of this
title, (C) describes the present and projected vocational education
needs of the State in terms of the purposes of this tit]e, and (D)
sets forth a program of vocational education objectives which
affords satisfactory assurance of substantial progress toward meet-
ing the vocational education needs of the potential students in
the State;
(5) sets forth an annual program plan, which (A) has been
prepared in consultation with the State advisory council, (B)
describes the content of, and allocation of Federal and State
vocational education funds to programs, services, and activities
to be carried out under the State plan during the year for which
Federal funds are sought (whether or not supported with Fed-
eral funds under this title), (C) indicates how and to what ex-
tent, such programs, services, and activities will carry out the
program objectives set forth in the long-range program plan
provided for in paragraph (4), and (D) indicates how, and to
what extent, allocations of Federal funds allotted to the State
will take into consideration the criteria set forth in the State
plan pursuant to paragraph (6), and (E) indicates the extent to
which consideration was given to the findings and recommenda-
tions of the State advisory council in its most recent evaluation
report submitted pursuant to section 104;
(6) sets forth in detail the policies and procedures to be fol-
lowed by the State in the distribution of funds to local educational
agencies in the State and for the uses of such funds, specified in
paragraphs (1) through (8) of section 122(a), for the programs,
services, and activities set forth in the program plans submitted
pursuant to paragraphs (4) and (5), which policies and proce-
dures assure that-
(A) due consideration will be given to the results of
periodic evaluations of State and local vocational education
programs, services, and activities in the light of information
PAGENO="0504"
494
regarding current and projected manpower needs and job
opportunities, particularly new and emerging needs and op-
portunities on the local, State, and national levels,
(B) due consideration will be given to the relative voca-
tional education needs of all population groups in all geo-
graphic areas and communities in the State. particularly
persons with academic, socioeconomic, mental, and physical
handicaps that prevent them from succeeding in regular voca-
tional education programs,
(C) due consideration will be given to the relative ability
of particular local educational agencies within the State, par-
ticularly those in economically depressed areas and those with
high rates of unemployment, to provide the resources neces-
sary to meet the vocational education needs in the areas or
communities served by such agencies,
(D) due consideration will be given to the cost of the
programs, services, and activities provided by local educa-
tional agencies which is in excess of the cost which may be
normally attributed to the cost of education in such local
educational agencies,
(E) funds made available under this title will not be allo-
cated to local educational agencies in a manner, such as the
.matching of local expenditures at a percentage ratio uni-
form throughout the State, which fails to take into considera-
tion the criteria set forth in paragraphs (A), (B), (C), and
(D),
(F) applications from local educational agencies for
funds-
(i) have been developed in consultation with repre-
sentatives of the educational and training resources
available to the area to be served by the applicant,
(ii) are designed to provide the persons to be served
with education programs which will make substantial
progress toward preparing such persons for a career,
(iii) include assurances of adequate planning to meet
the vocational education needs of potential students in
the area or community served by such agency, and,
(iv) include a plan, related to the appropriate corn-
* prehensive area manpower plan (if any), for meeting
the vocational education needs in the area or community
served by such agency; and
(v) indicate how, and to what extent the vocational
* * education programs, services, and activities proposed in
the application will meet the needs set forth pur~uant
to clause (iii); and
(G) no local educational agency which is making a rea-
sonable tax effort, as defined by regulations. will be denied
funds for the establishment of new vocational education pro-
grams solely because the local educational agency is una~l~ to
pay the non-Federal share of the cost of such new progrärn~;
(7) provides minimum qualification for teachers, teacher-train-
ees, supervisdrs, directors, and other personnel having responsi-
bilities for vocational education in the State and the policies and
PAGENO="0505"
495
procedures developed to improve the qualifications of such per-
sonnel and to insure that such qualifications continue to reflect
a direct relationship with the n~ed for personnel in vocational
education programs carried out under the State plan;
(8) provides for entering into cooperative arrangements with
the system of public employment offices in the State approved by
the State board and by the State head of such system, looking
toward such offices making available to the State board and local
educational agencies occupational information regarding reason-
able prospects of employment in the community and elsewhere,
and toward consideration of such information by such board and
agencies in providing vocational guidance and counseling to stu-
dents and prospective students and in determining the occupa-
tions for which persons are to be trained; and looking toward
guidance and counseling personnel of the State board and local
educational agencies making available to public employment of-
fices information regarding the occupational qualifications of per-
sons leaving or completing vocational education courses or schools,
and toward consideration of such information by such offices in
the occupational guidance and placement of such persons;
(9) provides that in the development of vocational education
programs, services and activities under this title, there may be,
in addition to the cooperative arrangements provided for in para-
graph (8), cooperative arrangements with other agencies, organi-
zations, and institutions concerned with manpower needs and job
opportunities, such as institutions of higher education, and model
city, business, labor, and community action organizations;
(10) provides that effective use will be made of the results and
experience of programs and projects assisted under other parts of
this title;
(11) provides assurance that Federal funds made available
under this part will be so used as to supplement, and to the extent
practical, increase the amount of State and local funds that would
in the absence of such Federal funds be made available for the
uses set forth in section 122(a), so that all persons in all com-
munities of the State will as soon as possible have ready access
to vocational training suited to their needs, interests, and ability
to benefit therefrom, and in no case supplant such State or local
funds;
(12) sets forth such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of,
and accounting for, Federal funds paid to the State (including
such funds paid by the State to local educational agencies) under
this title;
(13) provides that any local educational agency dissatisfied
with final action with respect to any application for funds under
this title shall be given reasonable notice and opportunity for
a hearing;
(14) provides assurance that the requirements of section 106
will be complied with on all construction projects in the State
assisted under this title;
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(15) provides for compliance with the requirements with re-
spect to the use of funds set forth in section 122 (c);
(16) provides that grants made from sums appropriated under
section 102(b) shall (A) be allocated within the State to areas of
high concentration of youth unemployment and school dropouts,
and (B) be made only if (i) to the extent consistent with the num-
ber of students enrolled in nonprofit private schools in the area to
be served whose educational needs are of the type which the pro-
gram or project involved is to meet, provision has been made for
the participation of such students, and (ii) effective policies and
procedures will be adopted which assure that Federal funds made
available under this section to accommodate students in nonprofit
private schools will not be commingled with State or local funds;
(17) provides for making such reports in such form and con-
taining such information as the Commissioner may reasonably
require to carry out his functions under this title, and for keeping
such records and for affording such access thereto as the Commis-
sioner may find necessary to assure the correctness and verification
of such reports; and
(18) includes provisions which shall assure that funds author-
ized by this title will not be used for any program of vocational
education (except homemaking programs under part F) which
cannot be demonstrated to (A) prepare students for employment
or (B) be necessary to prepare individuals for successful comple-
tion of such a program, or (C) be of significant assistance to indi-
viduals enrolled in making an informed and meaningful occupa-
tional choice.
(b) The Commissioner shall not approve a State plan under this
section until he has made specific findings as to the compliance of such
plan with the requirements of this part and he is satisfied that ade-
quate procedures are set forth to insure that the assurances and pro-
visions of such plan will be carried out.
(c) (1) The Commissioner shall not finally disapprove any plan
submitted under subsection (a), or any modification thereof, without
first affording the State board submitting the plan reasonable notice
and opportunity for a hearing.
(2) Whenever the Commissioner, after reasonable notice and op-
portunity for hearing to the State board administering a State plan
approved under subsection (a), finds that-
(A) the State plan has been so changed that it no longer com-
plies with the provisions of subsection (a), or
(B) in the administration of the plan there is a failure to
comply substantially with any such provision,
the Commissioner shall notify such State board that no further pay-
ments will be made to theState under this title (or. in his discretion,
further payments to the State will be limited to programs under or
portions of the State plan not affected by such failure) until he is
satisfied that there will no longer be any failure to comply. Until he is
so satisfied, the Commissioner shall make no further payments to such
State under this title (or shall limit payments to programs under or
portions of the State plan not affected by such failure).
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(3) A State board which is dissatisfied with a final action of the
Commissioner under this subsection or subsection (b) may appeal to
the United States court of appeals for the circuit in which the State
is located, by filing a petition with such court within sixty days after
such final action. A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Commissioner, or any officer designated
by him for that purpose. The Commissioner thereupon shall file in
the court the record of the proceedings on which he based his action,
as provided in section 2112 of title 28, United States Code. Upon the
filing of such petition, the court shall have jurisdiction to affirm the
action of the Commissioner or to set it aside, in whole or in part, tem-
porarily or permanently, but until the filing of the record the Commis-
sioner may modify or set aside his action. The findings of the Commis-
sioner as to the facts, if supported by substantial evidence~ shall be
conclusive, but the court, for good cause shown, may remand the case
to the Commissioner to take further evidence, and the Commissioner
may thereupon make new or modified findings of fact and may modify
his previous action, and shall file in the court the record of the further
proceedings. Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence. The judgment of the
court affirming or setting aside, in whole or in part, any action of the
Commissioner shall be final, subject to review by the Supreme Court
of the United States upon certiorari or certification as provided in
section 1254 of title 28, United States Code. The commencement of
proceedings under this subsection shall not, unless so specifically or-
dered by the court, operate as a stay of the Commissioner's action.
(d) (1) If any local educational agency is dissatisfied with the final
action of the State board with respect to approval of an application
by such local agency for a grant pursuant to this title, such local
agency may, within sixty days after such final action or notice thereof,
whichever is later, file with the United States court of appeals for the
circuit in which the State is located a petition for review of that action.
A copy of the petition shall be forthwith transmitted by the clerk of
the court to the State board. The State board thereupon shall file in
the court the record of the proceedings on which the State board based
its action as provided in section 2112 of title 28, United States Code.
(2) The findings of fact by the State board, if supported by sub-
stantial evidence shall be conclusive; but the court, for good cause
shown, may remand the case to the State board to take further evi-
dence, and the State board may thereupon make new or modified find-
ing of fact and may modify its previous action, and shall certify to
the court the record of the further proceedings.
(3) The court shall have jurisdiction to affirm the action of the
State bOard or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
(20 U.S.C. 1263) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1073.
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PAYMENTS TO STATES
SEC. 124. (a) The Commissioner shall pay, from the amount avail-
able to the State for grants under this part, to each State an amount
equal to 50 per centum of the State and local expenditures in carrying
out its State plan as approved pursuant to section 123, except that-
(1) allotments of States under section 103 from sums appro-
priated under section 102(b) may be used, at the discretion of
the Commissioner, for paying all or part of the expenditures
of the States from such allotments; and
(2) in the case of the Trust Territory of the Pacific Islands and
American Samoa, such amount shall be equal to 100 per centum of
* such expenditures.
V (b) Payments under this title may be made in installments and in
advance or by way of reimbursement, with necessary adjustments on
V V account of overpayments or underpayments.
(c) No paymentsshall be made in any fiscal year under this title to
any local educational agency or to any State unless the Commissioner
finds, in the case of a local educational agency, that the combined fiscal
effort of that agency and the State with respect to the provision of
V vocational educational by that agency for the preceding fiscal year was
not less than such combined fiscal effort for that purpose for the
V second preceding fiscal year or, in the case of a V State, that the fiscal
effort of that State for vocational education in that State for the pre-
V ceding fiscal year was not less than such fiscal effort for vocational
V education for the second preceding fiscal year.
(20 u.S.C. 1264) Enacted Oct. 16, 1968, P.L.V 90-576. Title I. sec. 101(b), 82 Stat.
1078.
PART C-RESEARCH AND TRAINING IN ~`OCATIONAL EDt~CATION
ADTHORIZATION OF GRANTS AND CONTRACTS
SEC. 131. (a) From 50 per centum of the sums available to each
State V for the purposes of this part the V Commissioner is authorized to
V make grants to and contracts with institutions of higher education,
V public `and private agencies and institutions. State boards. and. with
V the V approval of the appropriate State board. to local educational
V agencies Vlfl that State for the purposes set forth in section 132. except
that * no grant V may be made other than to a nonprofit agency or
institution.
(b) The remaining 50 per centurn of' the sums available to each
`State for the, purposes of this part shall be used by its State board.
in accordance with its State plan, (1) for paying up to 75 per centum
V of the `costs*of the State research coordination unit, and (2) for grants
to colleges and universities, and other public or nonprofit private
agencies and institutions, and local educational agencies and contracts
V with private agencies, organizations. and institutions to pay 90 per
centum of the costs of programs and projects for (i) research and
V training programs, (ii) experimental, developmental, or pilot pro-
grams developed by such institutions and agencies and designed to
V V meet the special vocational needs of youths. particularly youths in eco-
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nomically depressed communities who have academic, socioeconomic,
or other handicaps that prevent them from succeeding in the regular
vocational education programs, and (iii) the dissemination of infor-
mation derived from the foregoing programs or from research and
demonstrations in the field of vocational education, which programs
and projects have been recommended by the State research coordina-
tion unit or by the State advisor~r council.
(20 U.S.C. 1281) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1078.
USES OF FEDE1IAL FUNDS
SEC. 132. The funds available for grants and contracts under sec-
tion 131(a) may be used for-
(1) research in vocational education;
(2) training programs designed to familiarize persons involved
in vocational education with research findings and successful pilot
and demonstration projects in vocational education;
(3) experimental, developmental, and pilot programs and
projects designed to test the effectiveness of research findings;
(4) demonstration and dissemination projects;
(5) the development of new vocational education curricula;
and
(6) projects in the development of new careers and occupations,
such as-
(A) research and experimental projects designed to iden-
tify new careers in such fields as mental and physical health,
crime prevention and correction, welfare, education, munici-
pal services, child care, and recreation requiring less training
than professional positions and to delineate within such
careers roles with the potential for advancement from one
level to another;
(B) training and development projects designed to dem-
onstrate improved methods of securing the involvement, co-
operation, and commitment of both the public and private
sectors toward the end of achieving greater coordination and
more effective implementation of programs for the employ-
ment of persons in the fields described in subparagraph (A),
including programs to prepare professionals (including ad-
ministrators) to work effectively with aides; and
(C) projects to evaluate the operation of programs for
the training, development, and utilization of public service
aides, particularly their effectiveness in providing satisfac-
tory work experiences and in meeting public needs.~
(20 U.S.C. 1282) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1079.
APPLICATIONS
SEC. 133. (a) A. grant or contract under section 131 (a) may be
made upon application to the Commissioner at such time or times, in
such manner, and containing, or accompanied by, such information as
the Commissioner deems necessary. Such application shall contain-
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(1) a description of the nature, duration, purpose, and plan
of the project;
(2) the qualifications of the principal staff who will be respon-
sible for the project;
(3) a justification of the amount of grant funds requested;
(4) the portion of the cost to be borne by the applicant; and
(5) such fiscal control and fund accounting procedures as may
be necessary to assure proper disbursement of and accounting for
Federal funds paid to the applicant.
(b) The Commissioner may not approve an application until such
application has been reviewed by a panel of experts who are not em-
ployees of the Federal Government.
(20 U.S.C. 1283) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1079.
PAYMENTS
SEC. 134. From the amount available for grants or contracts under
section 131(a), the Commissioner shall pay to each applicant part of
the amount expended by such applicant in accordance with the appli-
cation approved pursuant to section 133.
(20 U.S.C. 1284) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1Q80.
PART D-EXEMPIJARY PROGRAMS AND PROJECTS
FINDINGS AND P~RP0SE
SEC. 141. The Congress finds that it is necessary to reduce the con-
tinuing seriously high level of youth unemployment by developing
means for giving the same kind of attention as is now given to the
college preparation needs of those young persons who go on to college,
to the job preparation needs of the two out of three young persons who
end their education at or before completion of the secondary level, too
many of whom face long and bitter months of job hunting or marginal
work after leaving school. The purposes of this part, therefore, are to
Stimulate, through Federal financial support, new ways to create a
bridge between school and earning a living for young people, who
are still in school, who have left school either by graduation or by
dropping `out, or who are in postsecondary programs of vocational
preparation, and to promote cooperation between public education and
manpower agencies.
(20 U.S.C. 1301) Enacted Oct. 24, 1968, P.L. 90-576. Title 1. sec. 101(b), 82
Stat. 1080.
AUTHORIZATION OF GRANTS AND CONTRACTS
SEC. 142. (a) There are hereby authorized to be appropriated
$l5,O0O~OO0 for the fiscal year ending June 30. 1969, $57.500.000 for the
fiscal year ending June 30, 1970, and S75,000.000 for each of the five
succeeding fiscal years to' enable the Commissioner to carry out the
provisions of this part.
(b') (1) From the sums appropriated pursuant to this part the Com-
missioner shall reserve such amount, but not in excess of 3 per centum
thereof, as he may determine and shall allot such amount among
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Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Trust Territories of the Pacific Islands according to their respective
needs for assistance under this part.
(2) From the remainder of such sums the Commissioner shall allo-
cate $200,000 to each State (except for those provided for in paragraph
(1)), and he shall in addition allocate to each such State an amount
which bears the same ratio to any residue of such remainder as the
population aged fifteen to nineteen, both inclusive, in the State bears to
the population of such ages in all such States.
(c) From 50 per centum of the sums allotted to each State for the
purposes of this part, the Commissioner is authorized to make grants
to or contracts with State boards or local educational agencies for the
purpose of stimulating and assisting in the development, establish-
ment, and operation of programs or projects designed to carry out the
purposes of this part. The Commissioner also may make in such State
from such sums, grants to other public or nonprofit private agencies,
organizations, or institutions, or contracts with public or private agen-
cies, organizations, or institutions, when such grants or contacts will
make an especially significant contribution to attaining the objectives
of this part.
(d) The State board may use the remaining 50 per centum of such
sums for making grants to local educational agencies or other public
or nonprofit private agencies, organizations, or institutions, or con-
tracts with public or private agencies, organizations, or institutions
including business and industrial concerns, upon such terms and condi-
tions consistent with the provisions of this part and with its State plan
approved pursuant to section 123, as it determines will most effectively
carry out the development~ establishment, and operation of exemplary
and innovative occupational education programs or projects designed
to serve as models for use in vocational education programs.
(20 U.S.C. 1302) Enacted Oct. 24, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1080; amended June 23, 1972, P.L 92-318, sec. 203, 86 Stat. 325.
USES OF FUNDS
SEC. 143. (a) Grants or contracts pursuant to this part may be
made, upon terms and conditions consistent with the provisions of this
part, to pay all or part of the cost of-
(1) planning and developing exemplary programs or projects
such as those described in paragraph (2), or
(2) establishing, operating, or evaluating exemplary programs
or projects designed to carry out the purposes set forth in section
141, and to broaden occupational aspirations and opportunities
for youths. with special emphasis given to youths who have aca-
demic, socioeconomic, or other handicaps. which programs or
projects may. among others, include-
(A) those designed to familiarize elementary and second-
ary school students with the broad range of occupations for
which special skills are required and the requisites for careers
in such occupations;
(B) programs or projects for students providing educa-
tional experiences through work during the school year or
in the summer;
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(C) programs or projects for intensive occupational
guidance and counseling during the last years of school and
for initial job placement;
(ID) programs or projects designed to broaden or improve
vocational education curriculums;
(E) exchanges of personnel between schools and other
agencies, institutions, or organizations participating in activ-
ities to achieve the purposes of this part, including man-
power agencies and industry;
(F) programs or projects for young workers released
from their jobs on a part-time basis for the purpose of in-
creasing their educational attainment; a.nd
(G) programs or projects at the secondary level to moti-
vate and provide preprofessional preparation for potential
teachers for vocational education.
(b) (1) A grant or contract pursuant to this part may be made
only if the Commissioner is in the case of grants or contracts made
by him, or the State board, in the case of grants or contracts made by
it, determines-
(A) that effective procedures will be a.dopted by grantees and
contractors to coordinate the development and operation of other
programs and projects carried out nuder grants or contracts pur-
suant to this part, with the appropriate State plan. and with other
public and private programs having the same or similar purposes;
(B) that to the extent consistent with the number of students
enrolled in nonprofit private schools in the area to be served whose
educational needs are of the type which the program or project
involved is to meet, provision has been made for the participation
of such students; and
(C) that effective policies and procedures will be adopted
which assure that Federal funds made available under this part
will not be commingled with State or local funds.
(2) The amount available to a State pursuant to section 142(d)
shall be available for obligation for grants or contracts pursuant to the
State plan approved under section 123, for paying all of the cost of
programs described in section 142(d) and section 143 (a) during that
year and the succeeding fiscal year.
(3) No grant or contract (other than a grant or contract with a
State board) shall be made by the Commissioner under section 142(c)
with respect to any program or project unless such program or proj-
ect has been submitted to the State board in the State in which it is to
be conducted and has not been disapproved by the State board within
sixty days of such submission or within such longer period of time as
the Commissioner may determine pursuant to regulations.
(4) Notwithstanding any other provision of law, unless hereafter
enacted expressly in limitation of the provisions of this pa.ragraph.
funds available to Commissioner pursuant to section 142(c) shall
remain available until expended.
(20 U.S.C. 1303) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1081.
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PAYMENTS
SEc. 144. From the amount available for grants and contracts,
under this part pursuant to section 142(c), in the appropriate State,
the Commissioner shall pay to each applicant an amount equal to the
amount expended by such applicant in accordance with the approved
application. Such payment may be made on such terms as are ap-
proved in such application. Payment pursuant to grants under this
part may be made in installments, and in advance or by way of re-
imbursement, with necessary adjustments on account of overpayments
or underpayments, as the Commissioner may determine.
(20 U.S.C. 1304) Enacted Oct. 16, 1968, P.L. 00-576, Title I, sec. 101(b), 82
Stat. 1082.
LIMITATION ON DURATION OF ASSISTANCE
SEC. 145. Financial assistance may not be given under this part to
any program or project for a period exceeding three years.
(20 U.S.C. 1305) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1082.
PART E-RESIDENTIAL VOCATIONAL EDUCATION
DEMONSTRATION SCHOOLS
SEC. 151. (a) For the purpose of demonstrating the feasibility and
desirability of residential vocational education schools for certain
youths of high school age, the Commissioner is authorized to make
grants, out of sums appropriated pursuant to subsection (b) to State
boards, to colleges and universities, and with the approval of the ap-
propriate State board, to public educational agencies, organizations
or institutions for the construction, equipment, and operation of resi-
dential schools to provide vocational education (including room,
board, and other necessities) for youths, at least fifteen years of age
and less than twenty-one years of age at the time of enrollment, who
need full-time study on a residential basis in order to benefit fully
from such education. In making such grants, the Commissioner shall
give special consideration to the needs of large urban areas having
substantial numbers of youths who have dropped out of school or are
unemployed and shall seek to attain, as nearly as practicable in the
light of the purposes of this section, an equitable geographical distri-
bution of such schools.
(b) There are authorized to be appropriated for the purpose of this
section $25,000,000 for the fiscal year ending June 30, 1969, $30,000,000
for the fiscal year ending June 30, 1970, and $35,000,000 each for the
fiscal year ending June 30, 1971, and for each of the succeeding fiscal
years ending prior to July 1, 1975.
(20 U.S.C. 1321) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1082; amended June 23, 1972, P.L. 92-318, sec. 204(a), 86 Stat. 326.
44-078 0 - 75 - 33
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STATE PROGRAMS
SEc. 152. (a) (1) There are hereby authorized to be appropriated
$15,000,000 for the fiscal year ending June 30, 1969, and for each of the
succeeding fiscal years ending prior to July 1, 1975, for grants to the
States to provide residential vocational education facilities in accord-
ance with the provisions of this section.
(2) From the sums appropriated under paragraph (1), the Com-
missioner shall allot to each State an amount which bears the same
ratio to such sums as the population of each State bears to the popula-
tion of all the States.
(3) For purposes of this section-
(A) the term "State" does not include Guam, American Samoa,
the Virgin Islands, and the Trust Territory of the Pacific Islands;
(B) the amount allotted under this subsection to any State for
the fiscal year ending June 30, 1969, shall be available for pay-
ments to applicants with approved applications in that State dur-
ing that year and the next fiscal year; and
(C) the amount of a.ny State's allotment under subsection
(a) (2) for any fiscal year, which the Commissioner determines
will not be required for such fiscal year for carrying out the
State's plan approved under subsection (b), shall be available for
reallotment from time to time, on such dates during such year as
the Commissioner may fix, and on the basis of such factors as he
determines to be equitable and reasonable, to other States which
as determined by the Commissioner are able to use without delay
any amounts so reallotted for the purposes set forth in subsec-
tion (b). Any amount realotted to a State under this paragraph
during such year shall be deemed part of its allotment for such
year.
(b) (1) Funds allotted to the States under subsection (a.) shall be
used by the States, or, with the approval of the State boards. by public
educational agencies, organizations, or institutions within such State,
to pay the Federal share of the cost of planning, constructing, and
operating residential vocational educ.ation facilities to provide voca-
tional education (including room, boa.rd, and other necessities) for
youths, a.t least age fourteen but who have not attained age twenty-one
at the time of admission to the training program, who need full-time
study on a residential basis and who can profit from vocational educa-
tion instruction. In the administration of the program conducted
under this section, special consideration shall be given to needs in
geographical areas having substantial or disproport.ionate numbers
of youths who have dropped out of school or are unemployed, and to
serving persons from such areas.
(2) For purposes of this section, the Federal share of the. cost of
planning, constructing, and operating residential vocational educa-
tion facilities shall not exceed 90 per centum of the costs incurred in
any fiscal year.
(c) For purposes of this section the State plan approved under
section 123 shall se~ forth the policies and procedures to be used by
the State in determining the size and location of such residential voca-
tional facilities, taking into account the use of existing vocational
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education facilities. Such policies and procedures must give assurance
that-
(1) adequate provision will be made for the appropriate selec-
tion without regard to sex, race, color, religion, national origin or
place of residence within the State of students needing education
and training at such school;
(2) the residential school facility will be operated and main-
tained for the purpose of conducting a residential vocational edu-
cation school program;
(3) vocational course offerings at such school will include fields
for which available labor market analyses indicate a present or
continuing need for trained manpower, and that the courses
offered will be appropriately designed to prepare enrollees for
entry into employment or advancement in such fields; and
(4) no fees, tuition, or other charges will be required of stu-
dents who occupy the residential vocational education facility.
(d) For purposes of this section-
(1) the term "residential school facility" means a school facil-
ity (as defined in section 108(3)), used for residential vocational
education purposes. Such term also includes dormitory, cafeteria,
and recreational facilities, and such other facilities as the Com-
missioner determines are appropriate for a residential vocational
education school,
(2) the term "operation" means maintenance and operation,
and includes the cost of salaries, equipment, supplies, and mate-
rials, and may include but is not limited to other reasonable costs
of services and supplies needed by residential students, such as
clothing and transportation.
(20 U.S.C. 1322) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1083; amended April 13, 1970, P.L. 91-230, Title VII, sec. 704(a), 84 Stat. 189;
amended June 23, 1972, P.L. 92-318, sec. 204(b), 86 Stat. 326.
GRANTS TO REDUCE BORROWING COSTS FOR SCHOOLS AND DORMITORIES
SEC. 153. (a) The Commissioner is authorized to make annual
grants to State boards, to colleges and universities, and with the ap-
proval of the appropriate State board, to public educational agencies,
organizations, or institutions to reduce the cost of borrowing funds for
the construction of residential schools and dormitories to provide voca-
tional education for youths, at least fourteen years of age and less than
twenty-one years of age at the time of enrollment, who need full-time
study on a residential basis in order to benefit fully from such educa-
tion. In making contracts for such grants, the Commissioner shall give
special consideration to the needs of urban and rural areas having sub-
stantial numbers of youths who have dropped out of school or are un-
employed and shall seek to attain, an equitable geographical distribu-
tion of such schools.
(b) Annual grants with respect to the construction of any such
residential school shall be made over a fixed period not exceeding forty
years, and provision for such grants shall be embodied in a contract
guaranteeing their payment over such period. Each such grant shall
be in an amount equal to the difference between (1) the average annual
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debt service required to be paid, during the life of the loan, on the
amount borrowed for the construction of such fadiities~ and (2) the
average annual debt service which the institution would be required to
pay, during the life of the loan, with respect to such amounts if the
applicable interest rate were 3 per centurn per annum.
(c) The Commissioner shall not enter into a contract for grants
under this section unless he determines that the amount borrowed does
not exceed the total cost of construction of the facilities, and that
such construction will be undertaken in an economical manner and
will not be of elaborate or extravagant design or materials.
(d) (1) There are hereby authorized to be appropriated such sums
as may be necessary for the payment of annual grants in accordance
with this section.
(2) Contracts for annual grants under this section shall not he
entered into for an aggregate amount greater than is authorized in
appropriation Acts; and in any event the total amount of annual
grants which may be paid in any year pursuant to contracts entered
into under this section shall not exceed $5,000,000, which amount shall
be increased by $5,000,000 on July 1, 1970, and on July 1 of each of the
four succeeding fiscal years.
(20 u.S.C. 1323) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1084; amended April 13, 1970, P.L. 91-230, Title VII, sec. T04(b), 84 Stat. 189:
amended June 23, 1972, P.L. 92-318, sec. 204(c), 86 Stat. 326.
PART F-CONSUMER AND HoMI~rAKIxG EDUCATION
AIJTHORIZATION
SEC. 161. (a) (1) There are hereby authorized to be appropriated
for the fiscal year ending June 30, 1970, $25,000,000, for the fiscal year
ending June 30, 1971, $35,000,000 and for each of the succeeding fiscal
years ending prior to July 1, 1975, $50,000,000, for the purposes of this
part. From the sums appropriated pursuant to this paragraph for each
fiscal year, the Commissioner shall allot to each State an amount which
shall be computed in the same manner as allotments to States under
section 103 except that, for the purposes of this section, there shall be
no reservation of 10 per centum of such sums for research and training
programs and 100 per centum of the amount appropria.ted pursuant to
this section shall be allotted among the States.
(2) The amount of any State's allotment under paragraph (1)
for any fiscal year which the Commissioner determines will not be
required for such fiscal year for carrying out the part of the State's
plan approved under subsection (b) shall be available for reallotment
from time to time, on such dates during such year as the Commis-
sioner may fix, and on the basis of such factors as he determines to be
equitable and reasonable, to other States which, as determined by the
Commissioner, are able to use without delay any amounts so reallotted
for the purposes set forth in subsection (b). Any amounts reallotted
to a State under this paragraph during such year shall be deemed
part of its allotment for such year.
(b) For purposes of this part the State plan approved under sec-
tion 123 shall set forth a program under which Federal funds paid to
a ~tat~ from i~ allotment under subsection (a) will be expended
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solely for (1) educational programs which (A) encourage home eco-
nomics to give greater consideration to social and cultural conditions
and needs, especially in economically depressed areas, (B) encourage
preparation for professional leadership, (C) are designed to prepare
youths and adults for the role of homemaker, or to contribute to the
employability of such youths and adults in the dual role of home-
maker and wage earner, (D) include consumer education programs
including promotion of nutritional knowledge and food use and the
understanding of the economic aspects of food use and purchase,
and (E) are designed for persons who have entered, or are preparing
to enter, the work of the home, and (2) ancillary services, activities
and other means of assuring quality in all homemaking education
programs, such as teacher training and supervision, curriculum devel-
opment research, program evaluation, special demonstration and ex-
perimental programs, development of instructional materials, provi-
sion of equipment, and State administration and leadership.
(c) From a State's allotment under this section for the fiscal year
ending June 30, 1970, and for each fiscal year thereafter, the Com-
missioner shall pay to such State an amount equal to 50 per centum of
the amount expended for the purposes set forth in subsection (b),
except that, for the fiscal year ending June 30, 1970, and the five suc-
ceeding fiscal years, the Commissioner shall pay an amount equal to
90 per centum of the amount used in areas described in subsection (d).
No State shall receive payments under this section for any fiscal year
in excess of its allotment under subsection (a) for such fiscal year.
(d) At least one-third of the Federal funds made available under
this section shall be used in economically depressed areas or areas with
high rates of unemployment for programs designed to assist consumers
and to help improve home environments and the quality of family life.
(20 U.S.C. 1341) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1085; amended April 13, 1970, P.L. 91-230, Title VII, sec. 705, 84 Stat. 189:
amended June 23, 1972, P.L. 92-318, sec. 205, 86 Stat. 326.
PART G-COOPERATIVE VOCATIONAL EDUCATION PROGRAMS
FINDINGS AND PURPOSE
SEC. 171. The Congress finds that cooperative work-study programs
offer many advantages in preparing young people for employment.
Through such programs, a meaningful work experience is combined
with formal education enabling students to acquire knowledge, skills,
and appropriate attitudes. Such programs remove the artificial bar-
riers which separate work and education and, by involving educators
with employers, create interaction whereby the needs and problems of
both are made known. Such interaction makes it possible for occupa-
tional curricula to be revised to reflect current needs in various occupa-
tions. It is the purpose of this part to assist the State to expand co-
operative work-study programs by providing financial assistance for
personnel to coordinate such programs, and to provide instruction re-
ated to the work experience; to reimburse employers when necessary
for certain added costs incurred in providing on-the-job training
through work experience; and to pay costs for certain services, such
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as transportation of students or other unusual costs that the individual
students may not reasonably be expected to assume while pursuing a
cooperative work-study program.
(20 U.S.C. 1351) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1086.
AUTHORIZATIONS AND ALLOTMENTS
SEC. 172. (a) There is authorized to be appropriated for the fiscal
year ending June 30, 1969, $20,000,000, for the fiscal year ending
June 30, 1970, $35,000,000, for the fiscal year ending June 30, 1971,
$50,000,000,and for each of the succeeding fiscal years ending prior to
July 1, 1975, $75,000,000, for making grants to the States for pro-
grams of vocational education designed to prepare students for em-
ployment through cooperative work-study arrangements.
(b) (1) From the sums appropriated pursuant to this section for
each fiscal year, the Commissioner shall reserve such amount, but not
in excess of 3 percentum thereof, as he may determine, and shall appor-
tion such amount among Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands ac-
cording to their respective needs for assistance under this section.
From the remainder of such sums the Commissioner shall allocate
$200,000 to each State, and he shall in addition allocate to each State
an amount which bears the same ratio to a.ny residue of such remainder
as the population aged fifteen to nineteen, both inclusive, in the State
bears to the population of such ages in all States. For purposes of the
preceding sentence, the term "State" does not include the areas re-
ferred to in the first sentence of this paragraph.
(2) The amount of any State's allotment under this section for any
fiscal year which the Commissioner determines will not be required for
such fiscal year for carrying out the part of the State's plan approved
under section 173 shall be available for reallotment from tin~e to time,
on such dates during such year as the Commissioner may fix, and on the
basis of such factors as he determines to be equitable and reasonable, to
other States which as determined by the Commissioner are able to use
without delay any accounts so reallotted for the purposes set forth in
section 173. Any amount reallotted to a State under this paragraph
during such year shall be deemed part of its allotment for such year.
(3) The population of particular age groups of a State or of all the
States shall be determined by the Commissioner on the basis of the
latest available estimates furnished by the Department of Commerce.
(20 U.S.C. 1352) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1086; amended June 23, 1972, P.L. 92-318, sec. 206,86 Stat. 326.
PLAN REQUIREMENT
SEC. 173. (a) A State, in order to participate in the program author-
ized by this part, shall submit, as part of its State plan. to the Com-
missioner, through its State board. a plan which shall set forth policies
and procedures to be used by the State board in establishing coopera-
tive work-study programs through local educational agencies with
participation of public and private employers. Such policies and
procedures must give assurance that-
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509
(1) funds will be used only for developing and operating co-
operative work-study programs as defined in section 175 which
provide training opportunities that may not otherwise be avail-
able and which are designed to serve persons who can benefit from
such programs;
(2) necessary procedures are established for cooperation with
employment agencies, labor groups, employers, and other com-
munity agencies in identifying suitable jobs for persons who
enroll in cooperative work-study programs;
(3) provision is made for reimbursement of added costs to em-
ployers for on-the-job trainiug of students enrolled in coopera-
tive programs, provided such on-the-job training is related to
existing carrier opportunities susceptible of promotion and ad-
vancement and does not displace other workers who perform such
work;
(4) ancillary services and activities to assure quality in co-
operative work-study programs are provided for, such as pre-
service and inservice training for teacher coordinates, supervision,
curriculum materials, and evaluation;
(5) priority for funding cooperative work-study programs
through local educational agencies, is given to areas that have
high rates of school dropouts and youth unemployment;
(6) to the extent consistent with the number of students
enrolled in nonprofit private schools in the area to be served, whose
educational needs are of the type which the program or project
involved is to meet, provision has been made for the participation
of such students;
(7) Federal funds made available under this part will not be
commingled with State or local funds; and
(8) such accounting, evaluation, and follow-up procedures as
the Commissioner deems necessary will be provided.
(b) The Commissioner shall approve such part of its State plan
which fulfills the conditions specified above, and the provisions of part
B (relating to the disapproval of State plans) shall apply to this
section.
(20 U.S.C. 1353) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1087.
USE OF FUNDS
SEC. 174. Funds allocated under this part for cooperative work-
study programs shall be available for paying all or part of the State's
expenditures under its State plan for this part for any fiscal year,
but not in excess of its allotment under section 172.
(20 U.S.C. 1354) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1087.
DEFINITION
SEC. 175. For purposes of this part, the term "cooperative work-
study program" means a program of vocational education for persons
who, through a cooperative arrangement between the school and
employers, receive instruction, including required academic courses
and related vocational instruction by alternation of study in school
PAGENO="0520"
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with a job in any occupational field, but these two experiences must
be planned and supervised by the sëhool and employers so that each
contributes to the student's education and to his employability. Work
periods and school attendance may be on alternate half-days, full-days,
weeks, or other periods of time in fulfilling the cooperative work-study
program.
(20 U.S.C. 1355) Enacted Oct. 16, 1968, Title I, P.L. 00-576, sec. 101(b), 82
Stat. 1087.
PART H-WORK-STUDY PROGRAMS FOR VOCATIONAL EaCCATION
STUDENTS
AUTHORIZATION OF APPROPRIATIONS AND ALLOTMENT
SEC. 181. (a) There are hereby authorized to be appropriated
$35,000,000 for each of the fiscal years ending June 30, 1969 and
June 30, 1970, $45,000,000 for the fiscal year ending June 30, 1912, and
for each of the succeeding fiscal years ending prior to July 1, 1975, the
purposes of this part.
(b) (1) From the sums appropriated pursuant to this section for
each fiscal year, the Commissioner shall allot to each State an amount
which bears the same ratio to such sums for such year as the population
aged fifteen to twenty, inclusive, of the State, in the preceding fiscal
year bears to the population aged fifteen to twenty, inclusive, of all the
States in such preceding year.
(2) The amount of any State's allotment under paragraph (1) for
any fiscal year which the Commissioner determines will not be required
for such fiscal year for carrying out the part of the State's plan ap-
proved pursuant to section 182 shall be available for reallotment from
time to time, on such dates during such year as the Commissioner may
fix, to other States in proportion to the original allotments to such
States under paragraph (1) for such year. but with such proportion-
ate amount for any such other States being reduced to the extent it
exceeds the sum the Commissioner estimates such States needs and will
be able to use for such year and the total of such reductions shall be
similarly reallotted among the States not suffering such a reduction.
Any amount reallotted to a State under this paragraph during such
year shall be deemed part of its allotment for such year.
(20 U.S.C. 1371) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1088; amended April 13, 1970, P.L. 91-230, Title VII, sec. 706(a), 84 Stat. 189;
amended June 23, 1972, P.L. 92-318, sec. 207, 86 Stat. 320.
PLAN REQUIREMENTS
SEC. 182. (a) To be eligible to ptrticipate in the program author-
ized by this part, a State shall submit a part of its State plan
through its State board to the Commissioner a plan, in such detail as
the Commissioner determines necessary, which-
(1) designates the State boaid as the sole agency for adminis-
tration of the plan, or for ~~pervision of the administration
thereof by local educational agencies;
(2) sets forth the policies and procedures to be fo]~owed by
the State in approving work-study programs. under which poli-
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541
cies and procedures funds paid to the State from its allotment
under section 181 will be expended solely for the payment of
compensation of students employed pursuant to work-study pro-
grams which meet the requirements of subsection (b), except
that not to exceed 1 per centum of any such allotment, or $10,000,
whichever is the greater, may be used to pay the cost of develop-
ing the plan required by this section and the cost of administer-
ing such plan after its approval under this section;
(3) sets forth principles for determining the priority to be
accorded applications from local educational agencies for work-
study programs, which principles shall give preference to applica-
tions submitted by local educational agencies serving communities
having substantial numbers of youths who have dropped out of
school or who are unemployed, arid provides for undertaking such
programs, insofar as financial resources available therefor make
possible in the order determined by the application of such
principles;
(4) sets forth such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of, and
accounting for, Federal funds paid to the State (including such
funds paid by the State to local educational agencies) under this
part; and
(5) provides for making such reports in such form and con-
taining such information as the Commissioner may reasonably
require to carry out his functions under this part, and for keeping
such records and for affording such access thereto as the Commis-
sioner may find necessary to assure the correctness and verification
of such reports.
(b) For the purposes of this section, a work-study program shall-
(1) be administered by the local educational agency and made
reasonably available (to the extent of available funds) to all
youths in the area served by such agency who are able to meet
the requirements of paragraph (2);
(2) provide that employment under such work-study program
shall be furnished only to a student who (A) has been accepted
for enrollment as a full-time student in a vocational education
program which meets the standards prescribed by the State board
and the local educational agency for vocational education pro-
grams assisted under this title, or in the case of a student already
enrolled in such a program, is in good standing and in full-time
attendance, (B) is in need of the earnings from such employment
to commence or continue his vocational education program, and
(C) is at least fifteen years of age and less than twenty-one years
of age at the commencement of his employment, and is capable, in
the opinion of the appropriate school authorities, of maintaining
good standing in his vocational education program while em-
ployed under the work-study program;
(3) provide that no student shall be employed under such
work-study program for more than fifteen hours in any week in
which classes in which he is enrolled are in session, or for com-
pensation which exceeds $45 in any month or $350 in any academic
year or its equivalent, unless the student is attending a school
which is not within reasonable commuting distance from his
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512
home, in which case his compensation may not exceed $60 in any
month or $500 in any academic year or its equivalent;
(4) provide that employment under such work-study program
shall be for the local educational agency or for some other public
agency or institution; and
(5) provide that, in each fiscal year during which such pro-
gram remains in effect, such agency shall expend (from sources
other than payments from Federal funds under this section) for
the employment of its students (whether or not in employment
eligible for assistance under this section) an amount that is not
less than its average annual expenditure for work-study programs
of a similar character during the three fiscal years preceding the
fiscal year in which, its work-study program under this section is
approved.
(c) The provisions of part B shall be applicable to the Commis-
sioner's actions with respect to plans submitted under this section.
(20 U.S.C. 1372) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82
Stat. 1088.
PAYMENTS
SEC.' 183. (a) From a State's allotment under this section for the
fiscal year ending June 30, 1969, and for any succeeding fiscal year,
the Commissioner shall pay to such State an amount equal to 80 per
centum of (1) the amount expended for compensation of students
employed pursuant to work-study programs under the part of the
State's plan approved under section 182, pius (2) an amount, not to
exceed 1 per centum of such allotment, or $10,000, whichever is the
greater, expended for the development of such plan and for the ad-
ministration of such plan after its approval by the Commissioner. No
State shall receive payments under this section for any fiscal year in
excess of its allotment under section 181 for such fiscal year.
(b) Such payments (adjusted on account of overpayments or un-
derpayments previously made) shall be made by the Commissioner in
advance on the basis of such estimates, in such installments, and at such
times, as may be reasonably required for expenditures by the States of
the funds alloted under section 181.
(20 U.S.C. 1373) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b), 82 Stat.
1089; amended April 13, 1970, P.L. 91-230, Title Vii, sec. 706(b), 84 Stat. 189.
STATUS OF PARTICIPANTS
SEC. 184. Students employed in work-study programs under this
part shall not by reason of such employment be deemed employees of
the United States, or their service Federal service, for any purpose.
(20 U.S.C. 1374) Enacted Oct. 16, 1068, P.L. 00-576, Title I, sec. 101(b), 82 Stat.
1090.
PART I-CURRICULUM DEVELOPMENT IN VOCATIONAL AND TECHNICAL
EDUCATION
AUTHORIZATION
SEC. 189. (a) The Congress finds that curriculum development in
vocational education is complicated by the diversity of occupational
PAGENO="0523"
513
objectives; variations due to geography; differences in educational
levels and types of programs; and by the wide range of occupations
which includes, but is not limited to, agriculture, food processing and
preparation, trades and industry, distribution and marketing, tech-
nical, public service, health services, business, and office occupations. It
is therefore the purpose of this section to enable the Commissioner to
provide appropriate assistance to State and local educational agencies
in the development of curriculums for new and changing occupations,
and to coordinate improvements in, and dissemination of, existing cur-
riculum materials.
(b) There are authorized to be appropriated $7,000,000 for the
fiscal year ending June 30, 1969, and $10,000,000 for each of the suc-
ceeding fiscal years ending prior to July 1, 1975, for the purposes set
forth in this section.
(c) (1) Sums appropriated pursuant to subsection (b) shall be
used by the Commissioner, after consultation with the appropriate
State agencies and the National Council, to make grants to or contracts
with colleges or universities, State boards, and other public or non-
profit private agencies and institutions, or contracts with public or
private agencies, organizations, or institutions-
(A) to promote the development and dissemination of voca-
tional education curriculum materials for use in teaching occupa-
tional subjects, including curriculums for new and changing
occupational fields;
(B) to develop standards for curriculum development in all
occupational fields;
(C) to coordinate efforts of the States in the preparation of
curriculum materials and prepare current lists of curriculum ma-
terials available in all occupational fields;
(D) to survey curriculum materials produced by other agen-
cies of Government, including the Department of Defense;
(E) to evaluate vocational-technical education curriculum ma-
terials and their uses; and
(F) to train personnel in curriculum development.
(2) For purposes of this subsection "curriculum materials" means
materials consisting of a series of courses to cover instruction in any
occupational field in vocational education which are designed to pre-
pare persons for employment at the entry level or to upgrade occupa-
tional competencies of those previously or presently employed in any
occupational field.
(20 U.S.C. 1391) Enacted Oct. 16, 1968, P.L. 90-576, Title I, sec. 101(b),
82 Stat. 1090; amended April 13, 1970, P.L. 91-230, Title VII, sec. 707, 84 Stat.
189; amended June 23, 1972, P.L. 92-318, sec. 208, 86 Stat. 326, renumbered
August21, 1974, P.L. 93-380, sec. 841(a) (6), 88 Stat. 607.
PART J-BILTNGUAL VOCATIONAL TRAINING
STATEMENT OF FINDINGS
SEC. 191. The Congress hereby finds that one of the most acute
problems in the TJnited States is that which involves millions of citi-
zens, both children and adults, whose efforts to profit from vocational
training is severely restricted by their limited English-speaking ability
because they come from environments where the dominant language
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&14
is other than English; that such persons are therefore unable to help
to fill the critical need for more and better trained personnel in. vital
occupational categories; and tha.t such persons are unable to make their
maximum contribution to the Nation's economy and must, in fact,
suffer the hardships of unemployment or underemployment. The Con-
gress further finds that there is a critical shortage of instructors
possessing both the job knowledge and skills and the dua.1 language
capabilities required for adequate vocational instruction of such lan-
guage-handicapped persons, and a corresponding shortage of instruc-
tional materials and of instructional methods and techniques suitable
for such instruction.
(20 U.S.C. 1393) Enacted August 21, 1974, P.L. 93-380, sec. 841 (a) (7), 88 Stat.
607, 608.
GENERAL RESPONSIBILITIES OF THE COMMISSIONER
SEC. 192. (a) The Commissioner and the Secreta1'y of Labor to-
gether shall-
(1) develop and disseminate accurate information on the status
of bilingual vocational training in all parts of the United States;
(2) evaluate the impact of such bilingual vocational training
on the shortages of well-trained personnel, the unemployment
or underemployment of persons with limited English-speaking
ability, and the ability of such persons to contribute fully to the
economy of the United States; and
(3) report their findings annually to the President and the
Congress.
(b) The Commissioner shall consult with the Secretary of Labor
with respect to the administration of this part.. Regulations and guide-
lines promulgated by the Commissioner to carry out this part shall
be consistent with those promulgated by t.he Secretary of Labor pursu-
ant to section 301(b) of the Comprehensive Employment and Train-
ing Act of 1973 and shall be approved by the Secretary of Labor before
issuance.
(20 U.S.C. 1393a) Enacted August 21, 1974, P.L. 93-380. sec. 841 (a) (7), 86
Stat. 608.
AUTHORIZATION OF APPROPRIATIONS
SEC. 193. There are authorized to be appropriated $17,500,000 for
the fiscal year ending June 30, 1975, to carry out the provisions of this
part.
(20 U.S.C. 1393b) Enacted Aug. 21, 1974, P.L. 93-380. sec. 841(a) (7), 88 Stat.
608.
AUTHORIZATION OF GRANTS
SEC. 194. (a) From the sums made available for grants under this
part pursuant to section 193, the Commissioner is authorized to make
grants to and enter into contracts with appropriate State agencies,
local educational agencies, postsecondary educational institutions, pri-
vate nonprofit vocational training institutions, and to other nonprofit
organizations especially created to serve a group whose language as
normally used is other than English in supplying training in recog-
nized occupations and new and emerging occupations. and to enter
into contracts with private for-profit agencies and organizations, to
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515
assist them in conducting bilingual vocational training programs for
persons of all ages in all communities of the United States which are
designed to insure that vocational training programs are available to
all individuals who desire and need such bilingual vocational training.
(b) The Secretary shall pay to each applicant which has an appli-
cation approved under this part an amount equal to the total sums
expended by the applicant for the purposes set forth in that applica-
tion.
(20 U.S.C. 1393c) Enacted Aug. 21, 1974, P.L. 93-380, sec. 841(a) (7), 88 Stat.
608.
USE OF FEDERAL FUNDS
SEC. 195. Grants and contracts under this part may be used, in ac-
cordance with applications approved under section 197, for-
(1) bilingual vocational training programs for persons who
have completed or left elementary or secondary school and who
are available for training by a postsecondary educational institu-
tion;
(2) bilingual vocational training programs for persons who
have already entered the labor market and who desire or need
training or retraining to achieve year-round employment, adjust
to changing manpower needs, expand their range of skills, or
advance in employment; and
(3) training allowances for participants in bilingual vocational
training programs subject to the same conditions and limitations
as are set forth in section 111 of the Comprehensive Employment
and Training Act of 1973.
(20 U.S.C. 1393d) Enacted Aug. 21, 1974, P.L. 93-380, sec. 841(a) (7), 88 Stat.
608, 609.
APPLICATIONS
SEC. 196. (a) A grant or contract for assistance under this part may
be made only upon application to the Commissioner at such time, in
such manner, and containing or accompanied by such information as
the Commissioner deems necessary. Each such application shall-
(1) provide that the activities and services for which assist-
ance under this part is sought will be administered by or under
the supervision of the applicant;
(2) set forth a program for carrying out the purposes described
in section 195; and
(3) set forth a program of such size, scope, and design as will
make a substantial contribution toward carrying out the purposes
of this part.
(b) No grant or contract may be made under this part directly to a
local educational agency or a postsecondary educational institution or
a private vocational training institution or any other eligible agency or
organization unless that agency, institution, or organization has sub-
mitted the application to the State board established under Part B of
this title, or in the case of a State that does not have such a board, the
similar State agency, for comment and includes the comment of that
board or agency with the application.
(20 U.S.C. 1393e) Enacted August 21, 1974, P.L. 93-380, sec. 841(a) (7), 88
Stat 609.
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516
APPLICATION APPROVAL BY THE COMMISSIONER
SEC. 197. (a) The Commissioner may approve an application for
assistance under this part only if-
(1) the application meets the requirements set forth in subsec-
tion (a) of the previous section;
(2) in the case of an application suhmitted for assistance under
this part to an agency, institution, or organization other than the
State board established under part B of this title, the require-
ment of subsection (b) of the previous section is met; and
(3) in the case of an application submitted for assistance under
this part, the `Commissioner determines that the program is con-
sistent with criteria established by him, where feasible, after con-
sultation with the State board established under part B of this
title, for achieving equitable distribution of assistance under
this part within that State.
(b) An amendment to an application shall, except as the Secretary
may otherwise provide, be subject to approval in the same manner as
the original application.
(20 U.S.C. 1393f) Enacted August 21, 1974, P.L. 93-380, sec. 841(a) (7), 88
Stat. 609.
VOCATIONAL EDUCATION AMENDMENTS OF 1968
(P.L. 90-576)
AN ACT To amend the Vocational Education Act of 1963. and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the "Vocational Education
Amendments of 1968".
TITLE I-AMENDMENTS TO THE VOCATIONAL
EDUCATION ACT OF 1963
* * *
EFFECTIVE DATE
SEC. 102. (a) Except as provided in subsection (b), the amendments'
made by section 101 shall become effective upon enactment.
(b) The amendments made by this Act to the Vocational Education
Act of 1963 shall not, during the fiscal year ending June 30, 1969, apply
with respect to programs which are continuations of programs (includ-
ing programs under part H) carried on under any State's plan during
the preceding fiscal year.
Enacted Oct. 16, 1968, P.L. 90-576, title I, sec. 102, 82 Stat. 1091.
* * * *
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USE OF FIJNDS AVAILABLE UNDER THE SMITH-HUGHES ACT
SEC. 104. Funds appropriated by the first section of the Smith-
Hughes Act (that is the Act approved February 23, 1917, 39 Stat.
929, as amended (20 U.S.C. 11-15, 16-28)), shall be considered as
funds appropriated pursuant to section 102(a) of this Act.
Enacted Oct. 16, 1968, P.L. 90-576, title I, sec. 102, 82 Stat. 1091.
* * * * * * *
VOCATIONAL EDUCATION ACT OF 1917
(SMITH-HUGHES ACT)'
AN ACT To provide for the promotion of vocational education; to provide for
cooperation with the States in the promotion of such education in agriculture
and the trades and industries; to provide for cooperation with the States in the
preparation of teachers of vocational subjects; and to appropriate money and
regulate its expenditure
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is hereby
annually appropriated, out of any money in the Treasury not other-
wise appropriated, the sums provided in sections two, three, and four
of this Act, to be paid to the respective States for the purpose of co-
operating with the States in paying the salaries of teachers, super-
visors, and directors of agricultural subjects, and teachers of trade,
home economics, and industrial subjects, and in the preparation of
teachers of agricultural, trade, industrial, and home economics sub-
jects; and the sum provided for in section seven for the use of the
Federal Board for Vocational Education 2 for the administration of
this Act and for the purpose of making studies, investigations, and
reports to aid in the organization and conduct of vocational education,
which sums shall be expended as hereinafter provided.
(20 U.S.C. 11) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong. sec. 1, 39
Stat. 929.
SEc. 2. That for the purpose of cooperating with the States in pay-
ing the salaries of teachers, supervisors, or directors of agricultural
subjects there is hereby appropriated for the use of the States, subject
to the provisions of this Act, for the fiscal year ending June thirtieth,
nineteen hundred and eighteen, the sum of $500,000; for the fiscal
year ending June thirtieth, nineteen hundred and nineteen, the sum of
$750,000; for the fiscal year ending June thirtieth, nineteen hundred
and twenty, the sum of $1,000,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-one, the sum of $1,250,000;
for the fiscal year ending June thirtieth, nineteen hundred and twenty-
1 The Vocational Education Amendments of 1968 (P.L. 90-576) sec. 104 provide that
funds for this act shall be transferred automatically to the Vocational Education Amend-
ments of 1968.
2 The operational functions of the Federal Board for Vocational Education, to which ref-
erence Is made throughout this Act, were transferred to the Office of Education in the De-
partment of Interior on June 10, [933 (Ex. Ord. No. 6166, sec. 15), which in turn was
transferred to the Federal Security Agency on July 1, 1939 (1939 Reorg. Plan No. 1, sees.
201, 204, 4 P.R. 2728, 53 Stat. 1424) and the Department of Health, Education, and Welfare
on April 11, 1953 (1953 Reorg. Plan No. 1, sees. 5, 8, 18 P.R. 2053, 67 Stat. 631). The Fed-
eral Board for Vocational Education, which became an advisory body after June 10. 1933,
was abolished on July 16, 1946 (1946 Reorg. Plan No. 2, sec. 8 11 P.R. 7875 60
Stat. 1196.)
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two, the sum of $1,500,000; for fiscal year ending June thirtieth,
nineteen hundred and twenty-three, the sum of $1,750,000; for the
fiscal year ending June thirtieth, nineteen hundred and twenty-four,
the sum of $2,000,000; for the fiscal year ending June thirtieth, nine-
teen hundred and twenty-five, the sum of $2,500,000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-six, and
annually thereafter, the sum of $3,000,000. Said sums shall be. allotted
to the States in the proportion which their rural population bears to
the total rural population in the United States. not including out-
lying possessions, according to the last preceding United States census:
Provided, That the allotment of funds to any State shall be not less
than a minimum of $5,000 for any fiscal year prior to and in-
cluding the fiscal year ending June thirtieth, nineteen l~undred and
twenty-three, nor less than $10,000 for any fiscal year thereafter. and
there is hereby appropriated the following sums, or so much thereof
as may be necessary, which shall be used for the purpose of providing
the minimum allotment to the. States provided for in this section: For
the fiscal year ending June thirtieth, nineteen hundred and eight~n,
the sum of $48,000; for the fiscal year ending June thirtieth. nineteen
hundred and nineteen, the sum of $34,000; for the fiscal year ending
June thirtieth, nineteen hundred and twenty, the sum of $24,000; for
the fiscal year ending June thirtieth, nineteen hundred and twenty-one,
the sum of $18,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-two, the sum of $14,000; for the fiscal year end-
ing June thirtieth, nineteen hundred and twenty-three, the sum of
$11,000; for the fiscal year ending June thirtieth~ nineteen hundred
and twenty-four, the sum of $9,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-five, the sum of $34,000; and
annually thereafter the sum of $28,500.
(20 U.S.C. 12) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 2, 39
Stat. 930; amended July 12, 1960, P.L. 86-624, sec. 14(b) (2), 74 Stat. 414.
SEC. 3. That for the purpose of cooperating with the States in
paying the salaries of teachers of trade. home economics. and industrial
subjects there is hereby appropriated for the use of the States. for
the fiscal year ending June thirtieth. nineteen hundred and eighteen,
the sum of $500,000; for the fiscal year ending June thirtieth. nineteen
hundred and nineteen, the sum of $750.000; for the fiscal year ending
June thirtieth, nineteen hundred and twenty. the sum of S1.000.000;
for the fiscal year ending June thirtieth, nineteen hundred and twenty-
one, the sum of $1,250,000; for the fiscal year ending June thirtieth.
nineteen hundred and twenty-two. the sum of $1.500.000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-three, the
sum of $1,750,000; for the fiscal year ending ,hine thirtieth. nineteen
hundred and twenty-four. the sum of S2.000,000; for the fiscal year
ending June thirtieth. nineteen hunclrecT and twenty-five, the sum of
$2,500,000; for the fiscal veer ending .Tune thirtieth. nineteen hundred
and twenty-six, the sum of S3.000.000: and annually thereafter the
sum of $3,000,000. Said sums shall be allotted to the States in the
proportion which their urban popiTlation bears to the total urban
population in the United States. not including outlying possessions.
according to the last preceding United States census: Prorided. That
the allotment of funds to any State shall be not less than a minimum
of $5,000 for any fiscal year prior to and including the fiscal year
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ending June thirtieth, nineteen hundred and twenty-three, nor less
than $10,000 for any fiscal year thereafter, and there is hereby appro-
pria~ed the following sums, or so much thereof as may be needed, which
shall be used for the purpose of providing the minimum allotment
to the States provided for in this section: For the fiscal year end-
ing June thirtieth, nineteen hundred and eighteen, the sum of $66,000;
for the fiscal year ending June thirtieth, nineteen hundred and nine-
teen, the sum of $46,000; for the fiscal year ending June thirtieth,
nineteen hundred and twenty, the sum of $34,000; for the fiscal year
ending June thirtieth, nineteen hundred and twenty-one, the sum of
$28,000; for the fiscal year ending June thirtieth, nineteen hundred and
twenty-two, the sum of $25,000; for the fiscal year ending June thirti-
eth, nineteen hundred and twenty-three, the sum of $22,000; for the
fiscal year ending June thirtieth, nineteen hundred and twenty-four,
the sum of $19,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-five, the sum of $56,000; for the fiscal year ending
June thirtieth, nineteen hundred and twenty-six, and annually there-
after, the sum of $50,000.
That not more than twenty per centum of the money appropriated
under this Act for the payment of salaries of teachers of trade, home
economics, and industrial subjects, for any year, shall be expended
for the salaries of teachers of home economics subjects.
(20 U.S.C. 13) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 3, 39
Stat. 930.
SEc. 4. That for the purpose of cooperating with the States in pre-
paring teachers, supervisors, and directors of agricultural subjects
and teachers of trade and industrial and home economics subjects there
is hereby appropriated for the use of the States for the fiscal year
ending June thirtieth, nineteen hundred and eighteen, the sum of
$500,000; for the fiscal year ending June thirtieth, nineteen hundred
and nineteen, the sum of $700~000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty, the sum of $900,000; for the
fiscal year ending June thirteenth, nineteen hundred and twenty-one,
and annually thereafter the sum of $1,000~000. Said sums shall be al-
lotted to the States in the proportion which their population bears to
the total population of the United States, not including outlying pos-
sessions, according to the last preceding United States census: Pro-
rided. That the allotment of funds to any State shall be not less than
a minimum of $5.000 for any fiscal year prior to and including the
i~scal year ending June thirtieth, nineteen hundred and nineteen, nor
less than $10,000 for any fiscal year thereafter. And there is hereby
appropriated the following sums, or so much thereof as ma be needed,
which shall be used for the purpose of providing the minimum allot-
ment provided for in this section: For the fiscal year ending June
thirtieth, nineteen hundred and eighteen, the sum of $46,000; for the
fiscal year ending June thirtieth, nineteen hundred and nineteen, the
sum of $32,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty. the sum of $24.000; for the fiscal year endrng
,June thirtieth, nineteen hundred andi twenty-one, and annually there-
after, the sum of $105,200.
(20 U.S.C. 14) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., see. 4, 39
Stat. 9~1; amended June 25, 1959, P.L. 86-70, sec. 18(b) (1), 73 Stat. 144;
amended Juuy 12, 1960, P.L. 86-624, sec. 14(b) (2), 74 Stat. 414.
44-078 0 - 75 - 34
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SEC. 5. That in order to secure the benefits of the appropriations
provided for in sections two, three, and four of this Act, any State
shall, through the legislative authority thereof, accept the provisions
of this Act and designate or create a State board, consisting of not
less than three members, and having all necessary power to cooperate,
as herein provided, with the Federal Board for Vocational Education
in the administration of the provisions of this Act. The State board
of education, or other board having charge of the administration of
public education in the State, or any State board having charge of the
administration of any kind of vocational education in the State may,
if the State so elect, be designated as the State board, for the purposes
of this Act.
In any State the legislature of which does not meet in nineteen hun-
dred and seventeen, if the Governor of that State, so far as he is
authorized to do so, shall accept the provisions of this Act and desig-
nate or create a State board of not less than three members to act in
cooperation with the Federal Board for Vocational Education, the
Federal board shall recognize such local board for the purposes of this
Act until the legislature of such State meets in due course and has
been in session sixty days.
Any State may accept the benefits of any one or more of the respec-
tive funds herein appropriated, and it may defer the acceptance of
the benefits of any one or more of such funds, and shall be required to
meet only the conditions relative to the fund or funds the benefits of
which it has accepted: Provided, That after June thirtieth, nineteen
hundred and twenty, no State shall receive any appropriation for
salaries of teachers, supervisors, or directors of agricultural subjects,
until it shall have taken advantage of at least the minimum amount
appropriated for the training of teachers, supervisors, or directors
of agricultural subjects, as provided for in this Act, and that after
said date no State shall receive any appropriation for the salaries
of teachers of trade, home economics, and industrial subjects until
it shall have taken advantage of at least the minimum amount ap-
propriated for the training of teachers of trade, home economics, and
industrial subjects, as provided for in this Act.
(20 U.S.C. 16) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 5, 39
Stat. 931.
SEC. 6. Repealed Sept. 6, 1966, P.L. 89-554, sec. 8(a), 80 Stat. 643.
SEC. 7. That there is hereby appropriated to the Federal Board for
Vocational Education the sum of $200,000 annually, to be available
from and after the passage of this Act, for the purpose of making
or cooperating in making the studies, investigations, and reports pro-
vided for in section six of this Act, and for the purpose of paying the
salaries of the officers, the assistants, and such office and other expenses
as the board may deem necessary to the execution and administration
of this Act.1
(20 U.S.C. 15) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 7, 39
Stat 933; amended Oct 6, 1917, C. 79, P.L. 64, 65th Cong., sec. 1, 40 Stat. 345;
amended June 26, 1934, C. 756, P.L. 473, 73rd Cong., sec. 2, 49 Stat. 1226.
1Effeetive July 1, 1935, the permanent appropriation for salaries and expenses provided
for in this section was repealed by the act of June 26, 1934 (P.L. 473, 736 Cong.), such act
authorizing In lieu thereof annual appropriations from the general fund of the Treasury
in. identical terms and In such amounts as provided by the laws making such permanent
appropriations.
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SEc. 8. That in order to secure the benefits of the appropriation for
any purpose specified in this Act the State board shall prepare plans
showing the kinds of vocational education for which it is proposed that
the appropriation shall be used; the kinds of schools and equipment;
courses of study; methods of instruction; qualifications of teachers;
and, in the case of agricultural subjects, the qualifications of super-
visors or directors; plans for the training of teachers; and, in the case
of agricultural subjects, plans for the supervision of agricultural edu-
cation, as provided for in section ten. Such plans shall be submitted
by the State board to the Federal Board for Vocational Education,
and if the Federal board finds the same to be in conformity with the
provisions and purposes of this Act, the same shall be approved. The
State board shall make an annual report to the Federal Board for
Vocational Education, on or before September first of each year, on
the work done in the State and the receipts and expenditures of money
under the provisions of this Act.
(20 U.S.C. 18) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 8, 39
Stat. 933.
SEc. 9. That the appropriation for the salaries of teachers, super-
visors, or directors of agricultural subjects and of teachers of trade,
home economics, and industrial subjects shall be devoted exclusively
to the payment of salaries of such teachers, supervisors, or directors
having the minimum qualifications set up for the State by the State
board, with the approval of the Federal Board of Vocational Educa-
tion. The cost of instruction supplementary to the instruction in
agricultural and in trade, home economics, and industrial subjects
provided for in this Act, necessary to build a well-rounded course of
training, shall be borne by the State and local communities, and no
part of the cost thereof shall be borne out of the appropriations herein
made. The moneys expended under the provisions of this Act, in
cooperation with the States, for the salaries of teachers, supervisors,
or directors of agricultural subjects, or for the salaries of teachers of
trade, home economics, and industrial subjects, shall be conditioned
that for each dollar of Federal money expended for such salaries the
State or local community, or both, shall expend an equal amount of
such salaries; and that appropriations for the training of teachers of
vocational subjects, as herein provided, shall be conditioned that such
money be expended for maintenance of such training and that for each
dollar of Federal money so expended for maintenance, the State or
local community, or both, shall expend an equal amount for the main-
tenance of such training.
(20 U.S.C. 19) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 9,
39 Stat. 933.
SEC. 10. That any State may use the appropriation for agricultural
purposes, or any part thereof allotted to it, under the provisions of this
Act, for the salaries of teachers, supervisors, or directors of agricul-
tural subjects, either for the salaries of teachers of such subjects in
schools or classes or for the salaries of supervisors or directors of such
subjects under a plan of supervision for the State to be set up by the
State board, with the approval of the Federal Board for Vocational
Education. That in order to receive the benefits of such appropria-
tion for the salaries of teachers, supervisors, or directors of agricul-
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522
tural subjects the State board of any State shall provide in its plan
for agricultural education that such education shall be that which is
under public supervision or control; that the controlling purposes of
such education shall be to fit for useful employment; that such educa-
tion shall be of less than college grade and be designed to meet the
needs of persons over fourteen years of age who have entered upon
or who are preparing to enter upon the work of the farm or of the
farm home; 1 that the State or local community, or both, shall provide
the necessary plant and equipment determined upon by the State
board, with the approval of the Federal Board for Vocational Educa-
tion, as the minimum requirement for such education in schools and
classes in the State; that the amount expended for the maintenance
of such education in any school or class receiving the benefit of such
appropriation shall be not less annually than the amount fixed by the
State board, with the approval of the Federal board as the minimum
for such schools or classes in the State; that such schools shall pro-
vide for directed or supervised practice in agriculture, either on a farm
provided for by the school or other farm, for at least six months per
year; 2 that the teachers, supervisors, or directors of agricultural sub-
jects shall have at least the minimum qualifications determined for the
State by the State board, with the approval of the Federal Board for
Vocational Education.
(20 U.S.C. 20) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 10,
39 Stat. 394.
SEC. 11. That in order to receive the benefits of the appropriation
for the salaries of teachers of trade, home economics, a.nd industrial
subjects the State board of any State shall provide in its plan for
trade, home economics, and industrial education that such education
shall be given in schools or classes under public supervision or con-
trol; that the controlling purpose of such education shall be to fit for
useful employment, that such education shall be of less than college
grade and shall be designed to meet the needs of persons over fourteen
years of age who are preparing for a trade or industrial pursuit or
who have entered upon the work of a trade or industrial pursuit; that
the State or local community, or both, shall provide the necessary
plant and equipment determined upon by the State board, with the
approval of the Federal Board for Vocational Education, as the mini-
mum requirement in such State `for education for any given trade or
industrial pursuit; that the total amount expended for the mainte-
nance Of such education in any school or class receiving the benefit of
such appropriation shall be not' less annually than the amount fixed by
the State board, with the approval of the Federal board, as the
minimum for such schools or classes in the State; that such schools
or classes giving instruction to persons who have not entered upon
employment shall require that at least half of the time of such instruc-
tion be given to practical work on a useful or productive basis. such
instruction to extend over not less than nine months per year and not
less than thirty hours per week; that at least one-third of the sum
1 Sec. 10(b) of the Vocational Education Act of 1963 (P.L. 88-210) modIfied this
reouirement.
2 Sec. 10(c) of the Vocational Education Act of 1963 (P.I. 88-210) modIfied this
requirement.
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523
appropriated to any State for the salaries of teachers of trade, home
economics, and industrial subjects shall, if expended, be applied to
part-time schools or classes for workers over fourteen years of age who
have entered upon employment,1 and subjects in a part-time
school or class may mean any subject given to enlarge the civic or
vocational intelligence of such workers over fourteen and less than
eighteen years of age; that such part-time schools or classes shall pro-
vide for not less than one hundred and forty-four hours of classroom
instruction per year; that evening industrial schools shall fix the age
of sixteen years as a minimum entrance requirement and shall con-
fine instruction to that which is supplemental to the daily employ-
ment; that the teachers of any trade or industrial subject in any State
shall have at least the minimum qualifications for teachers of such
subject determined upon for such State by the State board, with the
approval of the Federal Board for Vocational Education: Provided,
That for cities and towns of less than twenty-five thousand popula-
tion, according to the last preceding United States census, the State
board, with the approval of the Federal Board for Vocational Educa-
tion, may modify the conditions as to the length of course and hours
of instruction per week for schools and classes giving instruction to
those who have not entered upon employment, in order to meet the
particular needs of such cities and towns.
(20 U.S.C. 21) C. 114, Enacted Feb. 23, 1917, P.L. 347, 64th Cong., sec. 11,
39 Stat. 934.
SEc. 12. That in order for any State to receive the benefits of the
appropriation in this Act for the training of teachers, supervisors, or
directors of agricultural subjects, or of teachers of trade, industrial,
or home economics subjects, the State board of such State shall pro-
vide in its plan for such training that the same shall be carried out
under the supervision of the State board; that such training shall be
given in schools or classes under public supervision or control; that
such training shall be given only to persons who have had adequate
vocational experience or contact in the line of work for which they
are preparing themselves as teachers, supervisors, or directors, or who
are acquiring such experience or contact as a part of their training;
and that the State board, with the approval of the Federal Board, shall
establish minimum requirements for such experience or contact for
teachers, supervisors, or directors of agricultural subjects and for
teachers of trade, industrial, and home economics subjects, that not
more than sixty per centum nor less than twenty per centum of the
money appropriated under this Act for the training of teachers of
vocational subjects to any State for any year shall be expended for
any one of the following purposes: For the preparation of teachers,
supervisors, or directors of agricultural subjects, or the preparation
of teachers of trade and industrial subjects, or the preparation of
teachers of home economics subjects.
(20 U.S.C. 22) Enacted Feb. 23, 1917, C. 114 P.L. 347, 64th Cong., sec. 12,
39 Stat. 935.
1 Sec. 10(d) of the Vocational Education Act of 1963 (P.L. 88-120) modified this
requirement.
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SEC. 13. That in order to secure the benefits of the appropriations
for the salaries of teachers, supervisors, or directors of agricuttural
subjects, or for the salaries of teachers of trade. home economics, and
industrial subjects, or for the training of teachers as herein provided.
any State shall, through the legislative authority thereof. appoint as
custodian for said appropriations its State treasurer. who shall receive
and provide for the proper custody and disbursement of all money
paid to the State from such appropriations.
(20 U.S.C. 23) Enacted Feb. 23, 1917, C. 114. P.L. 347, 64th Cong.. sec. 13,
39 Stat. 935.
SEC. 14. That the `Federal Board for Vocational Education shall
annually ascertain whether the several States are using, or are pre-
pared to use, the money received by them in accordance with the provi-
sions of this Act. On or before the first day of January of each year
the Federal Board for Vocational Education shall certify to the Secre-
tary of the Treasury each State which has accepted the provisions of
this Act and complied therewith, certifying the amounts which each
State is entitled to receive under the provisions of this Act. Upon
such certification the Secretary of the Treasury shall pay quarterly
to the custodian for vocational education of each State the moneys
to which it is entitled under the provisions of this Act. The moneys
so received by the custodian for vocational education for any State
shall be paid out on the requisition of the State board as reimburse-
ment for expenditures already incurred to such schools as are ap-
proved by said State board and are entitled to receive such moneys
under the provisions of this Act.
(20 U.S.C. 24) Enacted Feb. 23, 1917, C. 114, P.L. 347. 64th Cong.. sec. 14. 39
Stat. 935.
SEC. 15. That whenever any portion of the fund annually allotted
to any State has not been expended for the purpose provided for in
this Act, a sum equal to such portions shall be deducted by the Federal
board from the next succeeding annual allotment from such fund to
such State.
(20 U.S.C. 25) Enacted Feb. 23, 1917, C. 114 P.L. 347, 64th Cong.. sec. 15. 39 Stat.
936.
SEC. 16. That the Federal Board for Vocational Education may
withhold the allotment of moneys to any State whenever it shall be
determined that such moneys are not being expended for the purposes
and under the conditions of this Act.
If any allotment is withheld from any State. the State board of
such State may a.ppeal to the Congress of the United States, and if the
Congress shall not direct such sum to be paid it shall be covered into
the Treasury.
(20 U.S.C. 26) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 16,
39 Stat. 936.
SEC. 17. That if any portion of the moneys received by the custo-
than for vocational education of any State under this Act. for any
given purpose named in this Act. shall. by any action or contingency.
be diminished or lost, it shall be replaced by such State. and until so
replaced no subsequent appropriation for such education shall be paid
PAGENO="0535"
525
to such State. No portion of any moneys appropriated under this Act
for the benefit of the States shall be applied, directly or indirectly,
to the purchase, erection, preservation, or repair of any building or
buildings or equipment, or for the purchase or rental of lands, or for
the support of any religious or privately owned or conducted school
or college.
(20 U.S.C. 27) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th cong., Sec. 17,
39 Stat. 936.
SEC. 18. That the Federal Board for Vocational Education shall
make an annual report to Congress, on or before December first, on the
administration of this Act and shall include in such report the reports
made by the State boards on the administration of this Act by each
State and the expenditures of the money allotted to each State.
(20 U.S.C. 28) Enacted Feb. 23, 1917, C. 114, P.L. 347, 64th Cong., sec. 18,
39 Stat. 936.
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PART Vu-PUBLIC LIBRARY PROGRAMS
The Library Services and Construction Act 1
(P.L. 597, 84th Congress)
AN ACT To promote the further development of public library services
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assemibed, That this Act may
be cited as the "Library Services and Construction Act."
DECLARATION OF POLICY
SEC. 2. (a) It is the purpose of this Act to assist the States in the
extension and improvement of public library services in areas of the
States which are without such services or in which such services are
inadequate, and with public library construction, and in the improve-
ment of such other State library services as library services for
physically handicapped, institutionalized, and disadvantaged persons,
in strengthening State library administrative agencies, and in pro-
moting interlibrary cooperation among all types of libraries.
(b) Nothing in this Act shaH be construed to interfere with State
and local initiative and responsibility in the conduct of library serv-
ices. The administration of libraries, the selection of personnel and
library books and materials, and, insofar as consistent with the pur-
poses of this Act, the determination of the best uses of the funds pro-
vided under this Act shall be reserved to the States and their local
subdivisions.
(20 U.S.C. 351) Enacted Dec. 30, 1970, P.L. 91-000, sec. 2(b), 84 Stat 1060.
DEFINITIONS
SEC. 3. The following definitions shall apply to this Act:
(1) "Commissioner" means the Commissioner of Education.
(2) "Construction" includes construction of new buildings and
acquisition, expansion, remodeling, and alteration of existing build-
ings, and initial equipment of any such buildings, or any combina-
tion of such activities (including architects' fees and the cost of
acquisition of land). For the purposes of this paragraph, the term
"equipment" includes machinery, utilities, and built-in equipment and
any necessary enclosures or structures to house them; and such term in-
1 See. 519 of P.L. 93-~38O provides as follows:
"Sac. 519 (a) There is established, in the Office of Education, an Office of Libraries and
Learning Resources (hereafter in this section referred to as the "Office"), through which
the Commissioner shall administer all programs in the Office of Education related to assist-
~nce for, and encouragement of, libraries and information centers and education technology.
"(b) The Office shall be headed by a Director, to whom the Commissioner shall delegate
his delegable functions with respect to the programs administered through the Office."
(527)
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eludes all other items necessary for the functioning of a particular
facility as a facility for the provision of library services.
(3) "Library service" means the performance of all activities of a
library relating to the collection and organization of library materials
and to making the materials and information of a library available to
a clientele.
(4) "Library services for the physically handicapped" means the
providing of library services, through public or other nonprofit
libraries, agencies, or organizations, to physically handicapped persons
(including the blind and other visually handicapped) certified by coin-
petent authority as unable to read or to use conventional printed mate-
rials as a result of physical limitations.
(5) "Public library" means a library that serves free of charge all
residents of a community, district, or region. and receives its financial
support in whole or in part from public funds. Such term also includes
a research library, which, for the purposes of this sentence, means a
library which-
(A) makes its services available to the public free of charge;
(B) has extensive collections of books, manuscripts, and other
materials suitable for scholarly research which are not available
to the public through public libraries;
(C) engages in the dissemination of humanistic knowledge
through services to readers, fellowships, educational and cultural
programs, publication of significant research, and other activities;
and
(D) is not an integral part of an institution of higher education.
(6) "Public library services" means library services furnished by
a public library free of charge.
(7) "State" means a State, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,
or the Trust Territory of the Pacific Islands.
(8) "State Advisory Council on Libraries" means an advisory coun-
cil for the purposes of clause (3) of section 6(a) of this Act which
shall-
(A) be broadly representative of the public, school. academic,
special, and institutional libraries, and libraries serving the handi-
capped, in the State and of persons using such libraries, including
disadvantaged persons within the State;
(B) advise the State library administrative agency on the de-
velopment of, and policy matters arising in the administration of,
State plan; and
(C) assist the State library administrative agency in the evalu-
ation of activities assisted under this Act;
(9) "State institutional library services" means the providing of
books and other library materials, and of library services, to (A)
inmates, patients, or residents of penal institutions, reformatories, resi-
dential training schools, orphanages, or general or special institutions
or hospitals operated or substantially supported by the State, or (B)
students in residential schools for the physically handicapped (includ-
ing mentally retarded, hard of hearing, deaf, speech impaired, visually
handicapped, seriously emotionally disturbed, crippled, or other health
impaired persons who by reason thereof require special education)
operated or substantially supported by the State.
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(10) "State library administrative agency" means the official
agency of a State charged by law of that State with the extension
and development of public library services throughout the State, which
has adequate authority under law of the State to administer State plans
in accordance with the provisions of this Act.
(11) "Basic State plan" means the document which gives assurances
that the officially designated State library administrative agency has
the fiscal and legal authority and capability to administer all aspects
of this Act; provides assurances for establishing the State's policies,
priorities, criteria, and procedures necessary to the implementation of
all programs under provisions of this Act; and submits copies for
approval as required by regulations promulgated by the Commissioner.
(12) "Long-range program" means the comprehensive five-year pro-
gram which identifies a State's library needs and sets forth the activi-
ties to be taken toward meeting the identified needs supported with
the assistance of Federal funds made available under this Act. Such
long-range programs shall be developed by the State library adminis-
trative agency and shall specify the State's policies, criteria, priorities,
and procedures consistent with the Act as required by the regulations
promulgated by the Commissioner and shall be updated as library
progress requires.
(13) "Annual program" means the projects which are developed
and submitted to describe the specific activities to be carried out annu-
ally toward achieving fulfillment of the long-range program. These
annual programs shall be submitted in such detail as required by
regulations promulgated by the Commissioner.
(20 U.S.C. 351a) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1660;
amended October 19, 1973, P.L. 93-133, sec. 4(a), 87 Stat. 466.
AtTTETORIZATIONS OF APPROPRIATIONS
SEc. 4. (a) For the purpose of carrying out the provisions of this
Act the following sums are authorized to be appropriated:
(1) For the purpose of making grants to States for library
services as provided in title I, there are authorized to be appro-
priated $112,000,000 for the fiscal year ending June 30, 1972,
$117,600,000 for the fiscal year ending June 30, 1973, $123,500,000
for the fiscal year ending June 30, 1974, $129,675,000 for the fiscal
year ending June 30, 1975, and $137,150,000 for the fiscal year
ending June 30, 1976.
(2) For the purpose of making grants to States for pub1ic
library construction, as provided in title IT, there are authorized
to be appropriated $80~000,000 for the fiscal year ending June 30,
1972, $84,000,000 for the fiscal year ending June 30, 1973, $88,-
000,000 for the fiscal year ending June 3, 1974, $92,500,000 for
the fiscal year ending June 30, 1975, and $97,000,000 for the fiscal
year ending June 30, 1976.
(3) For the purpose of making grants to States to enable them
to carry out interlibrary cooperation programs authorized by title
ITT, there are hereby authorized to be appropriated $15,000,000
for the fiscal year ending June 30, 1972, $15,750,000 for the fiscal
year ending June 30, 1973, $16,500,000 for the fiscal year ending
PAGENO="0540"
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June 30, 1974, $17,300,000 for the fiscal year ending June 30, 1975,
and $18,200,000 for the fiscal year ending June 30, 1976.
(4) For the purpose of making grants to States to enable them
to carry out public library service programs for older persons
authorized by title IV, there are authorized to be appropriated
such sums as may be necessary for the fiscal year ending June 30,
1973, the fiscal year ending June 30, 1974, the fiscal year ending
June 30, 1975, and the fiscal year ending June 30, 1976.
(b) Notwithstanding any other provision of law, unless enacted
in express limitation of the provisions of this subsection, any sums
appropriated pursuant to subsection (a) shall (1), in the case of sums
appropriated pursuant to paragraphs (1) and (3) thereof, be avail-
able for obligation and expenditure for the period of time specified in
the Act making such appropriation, and (2), in the case of sums ap-
propriated pursuant to paragraph (2) thereof, subject to regulations
of the Commissioner promulgated in carrying out the provisions of
section 5(b), be available for obligation and expenditure for the year
specified in the Appropriation Act and for the next succeeding year.
(20 U.S.C. 315b) Enacted Dee. 30, 1970, P.L. 91-600, see. 2(b), 84 Stat. 1662;
amended May 3, 1973, P.L. 93-29, sec. 801, 87 Stat. 59.
ALLOTMENTS TO STATES
SEC. 5. (a) (1) From the sums appropriated pursuant to paragraph
(1), (2), (3), or (4) of section 4(a) for any fiscal yearS the Com-
missioner shall allot the minimum allotment, as determined under
paragraph (3) of this subsection, to each State. Any sums remaining
after minimum allotments have been made shall be allotted in the
manner set forth in paragraph (2) of this subsection.
(2) From the remainder of any sums appropriated pursuant to
paragraph (1), (2), (3), or (4) of section 4(a) for any fiscal year, the
Commissioner shall allot to each State such part of such remainder
as the population of the State bears to the population of all the States.
(3) For the purposes of this subsection, the "minimum allotment"
shall be-
* (A) with respect to appropriations for the purposes of title I,
$200,000 for each State, except that it shall be $40,000 in the case
of Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands;
(B) with respect to appropriations for the purposes of title II,
$100,000 for each State, except that it shall be $20,000 in the case
of Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands;
(C) with respect to appropriations for the purposes of title III,
$40,000 for each State, except that it shall be $10,000 in the case
of Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands; and
(D) with respect to appropriations for the purposes of title fl,
$40,000 for each State, except that it shall be $10~000 in the case
of Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
If the sums appropriated pursuant to paragraph (1), (2), (3), or (4)
of section 4(a) for any fiscal year are insufficient to fully satisfy the
PAGENO="0541"
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aggregate of the minimum allotments for that purpose, each of such
minimum allotments shall be reduced ratably.
(4) The population of each State and of all the States shall be
determined by the Commissioner on the basis of the most recent satis-
factory data available to him.
(5) There is hereby authorized for the purpose of evaluation (di-
rectly or by grants or contracts) of programs authorized by this Act,
such sums as Congress may deem necessary for any fiscal year.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year from any appropriation made pursuant to paragraph
(1), (2), or (3) of section 4(a) which the Commissioner deems will
not be required for the period and the purpose for which such allot-
ment is available for carrying out the State's annual program shall be
available for reallotment from time to time on such dates during such
year as the Commissioner shall fix. Such amount shall be available
for reallotment to other States in proportion to the original allotments
for such year to such States under subsection (a) but with such pro-
portionate amount for any of such other State being reduced to the
extent that it exceeds the amount which the Commissioner estimates
the State needs and will be able to use for such period of time for
which the original allotments were made and the total of such reduc-
tions shall be similarly reallotted among the States not suffering such
a reduction. Any amount reallotted to a State under this subsection
for any fiscal year shall be deemed to be a part of its allotment for such
year pursuant to subsection (a).
(20 U.S.C. 351c) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1662;
amended May 3, 1973, P.L. 93-29, sec. 801, 87 Stat. 59.
STATE PLANS AND PROGRAMS
SEC. 6. (a) Any State desiring to receive its allotment for any pur-
pose under this Act for any fiscal year shall (1) have in effect for such
fiscal year a basic State plan as defined in section 3(11) and meeting
the requirements set forth in subsection (b), (2) submit an annual
program as defined in section 3(13) for the purposes for which allot-
ments are desired, meeting the appropriate requirements set forth in
titles I, II, III, and IV and shall submit (no later than July 1, 1972) a
long-range program as defined in section 3(12) for carrying out the
purposes of this Act as specified in subsection (d), and (3) establish
a State Advisory Council on Libraries which meets the requirements
of section 3(8).
(b) A basic State plan under this Act shall-
(1) provide for the administration, or supervision of the ad-
ministration, of the programs authorized by this Act by the
State library administrative agency;
(2) provide that any funds paid to the State in accordance with
with a long-range program and an annual program shall be ex-
pended solely for the purposes for which funds have been author-
ized and appropriated and that such fiscal control and fund ac-
counting procedures have been adopted as may be necessary to
assure proper disbursement of, and account for, Federal funds
paid to the State (including any such funds paid by the State to
any other agency) under this Act;
PAGENO="0542"
532
(3) provide satisfactory assurance that the State agency ad-
ministering the plan (A) will make such reports, in such form
and containing such information, as the Commissioner may rea-
sonably require to carry out his functions under this Act and to
determine the extent to which funds provided under this Act have
been effective in carrying out its purposes, including reports of
evaluations made under the State plans, and (B) will keep such
records and afford such access thereto as the Commissioner may
find necessary to assure the correctness and verification of such
reports; and
(4) set forth the criteria to be used in determining the adequacy
of public library services in geographical areas and for groups of
persons in the State, including criteria designed to assure that
priority will be given to programs or projects which serve urban
and rural areas with high concentrations of low-income families
and to programs and projects which serve areas with high con-
centrations of persons of limited English-speaking ability (as
defined in section 703 (a) of title VII of the Elementary and Sec-
ondary Education Act of 1065, as amended).
(c) (1) The Commissioner shall not approve any basic State plan
pursuant to this Act for any fiscal year unless-
(A) the plan fulfills the conditions specified in section 3(11)
and subsection (b) of this section and the appropriate titles of
this Act;
(B) he has made specific findings as to the compliance of such
plan with requirements of this Act and he is satisfied that adequate
procedures are subscribed to therein insure that any assurances
and provisions of such plan will be carried out.
(2) The State plan shall be made public as finally approved.
(3) The Commissioner shall not finally disapprove any basic State
plan submitted pursuant to subsection (a) (1), or any modification
thereof~ without first affording the State reasonable notice and oppor-
tunity for hearing.
(d) The long-range program of any State for carrying out the
purposes of this Act shall be developed in consultation with the Com-
missioner and shall-
(1) set forth a program under which the funds received by
the State under the programs authorized by this Act will be used
to carry out a long-range program of library services and con-
struction covering a period of not less than three nor more than
five years;
(2) be annually reviewed and revised in accordance with chang-
ing needs for assistance under this Act and the results of the
evaluation and surveys of the State library administrative agency;
(3) set forth policies and procedures (A) for the periodic eval-
uation of the effectiveness of programs and projects supported
under this Act, and (B) for appropriate dissemination of the re-
sults of such evaluations and other information pertaining to
such programs or projects; and
(4) set forth effective policies and procedures for the coordi-
nation of programs and projects supported under this Act with
library programs and projects operated by institutions of higher
PAGENO="0543"
533
education or local elementary or secondary schools and with other
public or private library services programs.
Such program shall be developed with advice of the State Advisory
council and in consultation with the Commissior and shall be made
public as it is finally adopted.
(e) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to the State agency administering a program
submitted under this Act, finds-
(1) that the program has been so changed that it no longer
complies with the provisions of this Act, or
(2) that in the administration of the program there is a failure
to comply substantially with any such provisions or with any
assurance or other provision contained in the basic State plan,
then, until he is satisfied that there is no longer any such failure to
comply, after appropriate notice to such State agency, he shall make
no further payments to the State under this Act or shall limit pay-
ments to programs or projects under, or parts of, the programs not
affected by the failure, or shall require that payments by such State
agency under this Act shall be limited to local or other public library
agencies not affected by the failure.
(f) (1) If any State is dissatisfied with the Commissioner's final
action with respect to the approval of a plan submitted under this
Act or with his final action under subsection (e) such State may,
within sixty days after notice of such action, file with the United
States court of appeals for the circuit in which such State is located
~ petition for review of that action. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the Commissioner.
The Commissioner thereupon shall file in the court the record of the
proceedings on which he based his action as provided in section 2112
of title 28, United States Code.
(2) The findings of fact by the Commissioner, if supported by
substantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Commissioner to take further
evidence, and the Commissioner may thereupon take new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of further proceedings.
(3) The court shall have jurisdiction to affirm the action of the
Commissioner or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(20 U.S.C. 351d) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1663;
amended Aug. 21, 1974, P.L. 93-380, sec. 841(b), 88 Stat. 609, 610.
PAYMENTS TO STATES
SEC. 7. (a) From the allotments available therefor under section
5 from appropriations pursuant to paragraph (1), (2), (3), or (4) of
section 4(a), the Commissioner shall pay to each State which has a
basic State plan approved under section 6(a) (1), an annual program
and a long-range program as defined in sections 3 (12) and (13) an
amount equal to the Federal share of the total sums expended by the
PAGENO="0544"
534
State and its political subdivisions in carrying out such plan, except
that no payments shall be made from appropriations pursuant to such
paragraph (1) for the purposes of title I to any State (other than the
Trust Territory of the Pacific Islands) for any fiscal year unless the
Commissioner determines that-
(1) there will be available for expenditure under the programs
from State and local sources during the fiscal year for which the
allotment is made-
(A) sums sufficient to enable the State to receive for the
purpose of carrying out the programs payments in an amount
not less than the minimum allotment for that State for the
purpose, and
(B) not less than the total amount actually expended, in
the areas covered by the programs for such year, for the
purposes of such programs from such sources in the second
preceding fiscal year: and
(2) there will be available for expenditure for the purposes
of the programs from State sources during the fiscal year for
which the allotment is made not less than the total amount actu-
ally expended for such purposes from such sources in the second
preceding fiscal year.
(b) (1) For the purpose of this section, the "Federal share" for any
State shall be, except as is provided otherwise in title III and title IV,
100 per centum less the State percentage, and the State percentage
shall be that percentage which bears the same ratio to 50 per centum
as the per capita income of such State bears to the per capita income of
all the States (excluding Puerto Rico~ Guam. American Samoa, the
Virgin Islands, and the Trust Territory of the Pacific Islands), except
that (A) the Federal share shall in no case be more than 66 per centum.
orless than 33 per centum, and (B) the Federal share for Puerto Rico,
Guam, American Samoa, and the Virgin Islands shall be 66 per
centum, and (C) the Federal share for the Trust Territory of the
Pacific Islands shall be 100 per centum.
(2) The "Federal share" for each State shall be promulgated by the
Commissioner within sixty days after the beginning of the fiscal year
ending June 30, 1971, and of every second fiscal year thereafter, on the
basis of the average per capita incomes of each of the States and of
all the States (excluding Puerto Rico, Guam. American Samoa, the
Virgin Islands, and the Trust Territory of the Pacific Islands), for
the three most recent consecutive years for which satisfactory data are
available to him from the Department of Commerce. Such promulga-
tion shall be conclusive for each of the two fiscal years beginning after
the promulgation.
(20 U.S.C. 351e) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1665.
TITLE I-LIBRARY SERVICES
GRANTS TO STATES FOR LIBRARY SERVICES
SEc. 101. The Commissioner shall carry out a program of making
grants from sums appropriated pursuant to section 4(a) (1) to States
which have had approved basic State plans under section 6 and have
submitted annual programs under section 103 for the extension of pub-
PAGENO="0545"
535
lic library services to areas without such services and the improvement
of such services in areas which such services are inadequate, for
making library services more accessible to persons who, by reason of
distance, residence, or physical handicap, or other disadvantage, are
unable to receive the benefits of public library services regularly made
available to the public, for adapting public library services to meet
particular needs of persons within the States, and for improving and
strengthening library administrative agencies.
(20 U.S.C. 352) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1666.
USES OF FEDERAL YLTNDS
SEC. 102. (a) Funds appropriated pursuant to paragraph (1) of
section 4(a) shall be available for grants to States from allotments
under section 5(a) for the purpose of paying the Federal share of the
cost of carrying out State plans submitted and approved under section
6 and section 103. Except as is provided in subsection (b), grants to
States under this title may be used solely-
(1) for planning for, and taking other steps leading to the
development of, programs and projects designed to extend and
improve library services, as provided in clause (2) ; and
(2) for (A) extending public library services to geographical
areas and groups of persons without such services and improving
such services in such areas and for such groups as may have inade-
quate public library services; and (B) establishing, expanding,
and operating programs and projects to provide (i) State insti-
tutiona~l library services, (ii) library services to the physically
handicapped, and (iii) library services for the disadvantaged in
urban and rural areas; and (C) strengthening metropolitan public
libraries which serve as national or regional resource centers.
(b) Subject to such limitations and criteria as the Commissioner
shall establish by regulation, grants to States under this title may be
used (1) to pay the cost of administering the State plans submitted
and approved under this Act (including obtaining the services of
consult-ants), statewide planning for and evaluation of library services,
dissemination of information concerning library services, and the ac-
tivities of such advisory groups and panels as may be necessary to
assist the State library administrative agency in carrying out its func-
tions under this title, and (2) for strengthening the capacity of State
library administrative agencies for meeting the needs of the people
of the States.
(20 U.S.C. 353) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1667.
STATE ANNUAL PROGRAM FOR LIBRARY SERVICES
SEC. 103. Any State desiring to receive a grant from its allotment
for the purposes of this title for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
section 6. submit for that fiscal year an annual program for library
services. Such program shall be submitted at such time, in such form,
and contain such information as the Commissioner may require by
regulation, and shall-
44-078 0 - 75 - 35
PAGENO="0546"
536
(1) set forth a program for the year submitted under which
funds paid to the State from appropriations pursuant to para-
graph (1) of section 4(a) for that year will be used, consistent
with its long-range program, solely for the purposes set forth in
section 102;
(2) set forth the criteria used in allocating such funds among
such purposes, which criteria shall insure that the State will
expend from Federal, State, and local sources an amount not less
than the amount expended by the State from such sources for
State institutional library services, and library services to the
physically handicapped during the fiscal year ending June 30,
1971;
(3) include such information, policies, and procedures as will
assure that the activities to be carried out during that year are
consistent with the long-range program; and
(4) include an extension of the long-range program, taking
into consideration the results of evaluations.
(20 U.S.C. 354) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1667.
TITLE TI-PUBLIC LIBRARY CONSTRUCTION
GRANTS TO STATES FOR PUBLIC LIBRARY CONSTRUCTION
SEC. 201. The Commissioner shall carry out a program of making
grants to States which have had approved a basic State plan under
section 6 and have submitted a long-range program and submit an-
nually appropriately updated programs under section 203 for the con-
struction of public libraries.
(20 U.S.C. 355a) Enacted Dec. 30, 1970, P.L. 91-000, sec. 2(b), 84 Stat. 1668.
USES OF FEDERAL FUNDS
SEC. 202. Funds appropriated pursuant to paragraph (2) of section
4(a) shall be available for grants to States from allotments under
section 5(a) for the purpose of paying the Federal sha.re of the cost
of construction projects carried under State plans. Such grants shall
be used solely for the construction of public libraries under approved
State plans.
(20 U.S.C. 355b) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1668.
STATE ANNUAL PROGRAM FOR THE CONSTRUCTION OF PUBLIC LIBRARIES
* SEC. 203. Any State desiring to receive a grant from its allotment
for the purpose of this title for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
section 6, submit such projects as the State may approve and are con-
sistent with its long-range program. -
Such projects shall be submitted at such time and contain such
information as the Commissioner may require by regulation and
shall-
(1) for the year submitted under which funds are paid to the
State from appropriations pursuant to paragraph (2.) of section
PAGENO="0547"
537
4(a) for that year. be used, consistent with the State's long-range
program, for the construction of public libraries in areas of the
State which are without the library facilities necessary to provide
adequate library services;
(2) follow the criteria, policies, and procedures for the ap-
proval of applications for the construction of public library facil-
ities under the long-range program;
(3) follow policies and procedures which will insure that every
local or other public agency whose application for funds under
the plan with respect to a project for construction of public li-
brary facilities is denied will be given an opportunity for a hear-
ing before the State library administrative agency;
(4) include an extension of the long-range program taking into
consideration the results of evaluations.
(20 U.S.C. 355c) Enacted Dec. 30, 1970, P.L. 91-900, sec. 2(b), 84 Stat. 1668.
TITLE 111-INTERLIBRARY COOPERATION
GRANTS TO STATES FOR INTERLIBRARY COOPERATION PROGRAMS
SEC. 301. The Commissioner shall carry out a program of making
grants to States which have an approved basic State plan under section
6 and have submitted a long-range program and an annual program
under section 303 for interlibrary cooperation programs.
(20 U.S.C. 355e) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1668.
US~ES OF FEDERAL FUNDS
SEC. 302. (a) Funds appropriated pursuant to paragraph (3) of
section 4(a) shall be available for grants to States from allotments
under paragraphs (1) and (3) of section 5(a) for the purpose of
carrying out the Federal share of the cost of carrying out State plans
submitted and approved under section 303. Such grants shall be used
(1) for planning for, and taking other steps leading to the develop-
ment of, cooperative library networks; and (2) establishing,
expanding, and operating local, regional, and interstate cooperative
networks of libraries, which provide for the systematic and effective
coordination of the resources of school, public, academic, and special
libraries and information centers for improved supplementary serv-
ices for the special clientele served by each type of library or center.
(b) For the purposes of this title, the Federal share shall be 100
per centum of the cost of carrying out the State plan.
(20 U.S.C. 355e-1) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1669.
STATE ANNUAL PROGRAM FOR INTERLIBRARY COOPERATION
SEC. 303. Any State desiring to receive a grant from its allotment
for the purposes of this title for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
section 6, submit for that fiscal year an annual program for inter-
library cooperation. Such program shall be submitted at such time,
in such form, and contain such information as the Commissioner may
require by regulation and shall-
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(1) set forth a program for the year submitted under which
funds paid to the State from appropriations pursuant to para-
graph (3) of section 4(a) will be used, consistent with its long-
range program for the purposes set forth in section 302.
(2) include an extension of the long-range program taking
into consideration the results of evaluations.
(c) (1) The amendment made by subsection (b) shall be effective
after June 30, 1971.
(2) In the case of funds appropriated to carry out programs under
the Library Services and Construction Act for the fiscal year ending
June 30, 1971, each State is authorized, in accordance with regulations
of the Commissioner of Education, to use a portion of its allotment
for the development of such plans as may be required by such Act,
as amended by subsection (b).
(20 U.S.C. 355e-2) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1069.
TITLE TV-OLDER READERS SERVICES
GRANTS TO STATES FOR OLDER READERS SERVICES
SEC. 401. The Commissioner shall carry out a program of making
grants to States which have an approved basic State plan under sec-
tion 6 and have submitted a long-range program and an annual pro-
gram under section 403 for library services for older persons.
(20 U.S.C. 361) Enacted May 3, 1973, P.L. 93-29, sec. 801(a). 87 Stat. 57.
USES OF FEDERAL FUNDS
SEC. 402. (a) Funds appropriated pursuant to paragraph (4) of
section 4(a) shall be available for grants to States from allotments
under section 5(a) for the purpose of carrying out the Federal share
of the cost of carrying out State plans submitted and approved under
section 403. Such grants shall be used for (1) the training of librarians
to work with the elderly; (2) the conduct of special library programs
for the elderly; (3) the purchase of special library materials for use
by the elderly; (4) the payment of salaries for elderly persons who
wish to work in libraries as assistants on programs for the elderly;
(5) the provision of in-home visits by librarians and other library
personnel to the elderly; (6) the establishment of outreach programs
to notify the elderly of library services available to them; and (7) the
furnishing of transportation to enable the elderly to have access to
library services.
(b) For the purposes of this title, the Federal share shall be 100 per
centum of the cost of carrying out the State plan.
(20 U.S.C. 362) Enacted May 3, 1973, P.L. 93-29. sec. 801(a). ST Stat. 57.
STATE ANNUAL PROGRAM FOR LIBRARY SERVICES FOR THE ELDERLY
SEC. 403. Any State desiring to receive a grant from its allotment
for the purposes of this title for any fiscal year shall. in addition to
having submitted, and having had approved, a basic State plan under
section 6, submit for that fiscal year an annual program for library
services for older persons. Such program shall be submitted at such
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time, in such form, and contain such information as the Commissioner
may require by regulation and shall-
(1) set forth a program for the year submitted under which
funds paid to the State from appropriations pursuant to para-
graph (4) of section 4(a) will be used, consistent with its long-
range program for the purposes set forth in section 402, and
(2) include an extension of the long-range program taking
into consideration the results of evaluations.
(20 U.S.C. 363) Enacted May 3, 1973, P.L. 93-29, sec. 801(a), 87 Stat. 58.
COORDINATION WITH PROGRAMS FOR OLDER AMERICANS
SEC. 404. In carrying out the program authorized by this title,
the Commissioner shall consult with the Commissioner of the Admin-
istration on Aging and the Director of ACTION for the purpose of
coordinating where practicable, the programs assisted under this title
with the programs assisted under the Older Americans Act of 1965.
(20 U.S.C. 364) Enacted May 3, 1973, P.L. 93-29, sec. 801(a), 87 Stat. 58.
National Commission on Libraries and Information Science Act
(P.L. 91-345)
AN ACT To establish a National Commission on Libraries and Information
Science, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "National Commission on Libraries and Information
Science Act".
STATEMENT OF POLICY
SEC. 2. The Congress hereby affirms that library and information
services adequate to meet the needs of the people of the United States
are essential to achieve national goals and to utilize most effectively
the Nation's educat~nal resources and that the Federal Government
will cooperate with State and local governments and public and
private agencies in assuring optimum provision of such services.
(20 U.S.C. 1501) Enacted July 20, 1970, P.L. 91-345, sec. 2, 84 Stat. 440.
COMMISSION ESTABLISHED
SEC. 3. (a) There is hereby established as an independent agency
within the executive branch, a National Commission on Libraries
and Information Science (hereinafter referred to as the "Commis-
sion").
(b) The Department of Health, Education, and Welfare shall
provide the Commission with necessary administrative services (in-
cluding those related to budgeting. accounting, financial reporting,
personnel, and procurement) for which payment shall be made in
advance, or by reimbursement~ from funds of the Commission and such
amounts as may be agreed upon by the Commission and the Secretary
of Health, Education, and Welfare.
(20 U.S.C. 1502) Enacted July 20, 1970, P.L. 91-345, sec. 3, 84 Stat. 440.
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CONTRIBUTIONS
SEc. 4. The Commission shall have authority to accept in the name of
the United States grants, gifts, or bequests of money for immediate
disbursement in furtherance of the functions of the Commission. Such
grants, gifts, or bequests, after acceptance by the Commission, shall
be paid by the donor or his representative to the Treasurer of the
United States whose receipts shall be their acquittance. The Treasurer
of the United States shall enter them in a special account to the credit
of the Commission for the purposes in each case specified.
(20 U.S.C. 1503) Enacted July 20, 1970, P.L. 91-345, sec. 4, 84 Stat. 441.
FUNCTIONS
SEC. 5. (a) The Commission shall have the primary responsibility
for developing or recommending overall plans for, and advising t.he
appropriate governments and agencies on, the policy set forth in sec-
tion 2. In carrying out that responsibility, the Commission shall-
(1) advise the President and the Congress on the implementa-
tion of national policy by such statements, presentations, and
reports as it deems appropriate;
(2) conduct studies, surveys, and analyses of the library and
informational needs of the Nation, including the special library
and informational needs of rural areas, of economically, socially,
or culturally deprived persons and of elderly persons. and the
means by which these needs may be met through information
centers, through the libraries of elementary and secondary schools
and institutions of higher education, and through public, research,
special, and other types of libraries;
(3) appraise the adequacies and deficiencies of current library
and information resources and services and evaluate the effective-
ness of current library and information science programs;
(4) develop overall plans for meeting national library and
informational needs and for the coordination of activities at the
Federal, Sta.te~ and local levels, taking into consideration all of
the library and informational resources of the Nation to meet
those needs;
(5) be authorized to advise Federal, State, local, and private
agencies regarding library and information sciences;
(6) promote research and development activities which will
extend and improve the Nation's library and information-
handling capability as essential links in the national communica-
tions networks;
(7) submit to the President and the Congress (not later than
January 31 of each year) a report on its activities during the pre-
ceding fiscal year; and
(8) make and publish such additional reports as it deems to be
necessary, including, but not limited to. reports of consultants,
transcripts of testimony. summary reports, and reports of other
Commission findings, studies, and recommendations.
(b) The Commission is authorized to contract with Federal agencies
and other public and private agencies to carry out any of its functions
PAGENO="0551"
541
under subsection (a) and to publish and disseminate such reports,
findings, studies, and records as it deems appropriate.
(c) The Commission is further authorized to conduct such hearings
at such times and places as it deems appropriate for carrying out the
purposes of this Act.
(d) The heads of all Federal agencies are, to the extent not pro-
hibited by law, directed to cooperate with the Commission in carrying
out the purposes of this Act.
(20 U.S.C. 1504) Enacted July 20, 1970, P.L. 91-345, sec. 5, 84 Stat. 441;
amended May 3, 1973, sec. 802(a), P.L. 93-29, 87 Stat. 59.
MEMBERSHIP
SEc. 6. (a) The Commission shall be composed of the Librarian of
Congress and fourteen members appointed by the President, by and
with the advice and consent of the Senate. Five members of the Com-
mission shall be pro~essiona1 librarians or information specialists,
and the remainder shall be persons having special competence or inter-
est in the needs of our society for library and information services,
at least one of whom shall be knowledgeable with respect to the tech-
nological aspects of library and information services and sciences.
One of the members of the Commission shall be designated by the
President as Chairman of the Commission. The terms of office of the
appointive members of the Commission shall be five years, except that
(1) the terms of office of the members first appointed shall commence
on the date of enactment of this Act and shall expire two at the end
of one year, three at the end of two years, three at the end of three
years, three at the end of four years, and three at the end of five years,
as designated by the President at the time of appointment, and (2) a
member appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed shall be appointed
only for the remainder of such term and at least one other of whom
shall be knowlegeable with respect to the library and information
service and science needs of the elderly.
(b) Members of the Commission who are not in the regular full-
time employ of the United States shall, while attending meetings or
conferences of the Commission or otherwise engaged in the business
of the Commission, be entitled to receive compensation at a rate fixed
by the Chairman, but not exceeding the rate specified at the time of
such service for grade GS-18 in section 5332 of title 5, United States
Code, including traveltime, and while so serving on the business of
the Commission away from their homes or regular places of business,
they may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for persons employed intermittently in the Government service.
(c) (1) The Commission is authorized to appoint, without regard to
the provisions of title 5, United States Code, covering appointments in
the competitive service, such professional and technical personnel as
may be necessary to enable it to carry out its function under this Act.
(2') The Commission may procure, without regard to the civil serv-
ice or classification laws, temporary and intermittent services of such
personnel as is necessary to the extent authorized by section 3109 of
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542
title 5, United States Code, but at rates not to exceed the rate specified
at the time of such service for grade GS-18 in section 5332 of title 5,
United States Code, including traveltime, and while so serving on the
business of the Commission away from their homes or regular places
of business they may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of title 5, United
States Code, for persons employed intermittently in the Government
service.
(20 U.S.C. 1505) Enacted July 20, 1970, P.L. 91-345, sec. 6, 84 Stat. 442;
amended May 3, 1973, P.L. 93-29, sec. 802(b), 87 Stat. 59.
AUTHORIZATION OF APPROPRIATIONS
SEC. 7. There are hereby authorized to be appropriated $500,000 for
the fiscal year ending June 30, 1970, and $750,000 for the fiscal year
ending June 30, 1971, and for each succeeding year, for the purpose
of carrying out the provisions of this Act.
(20 U.S.C. 1506) Enacted July 20, 1970, sec. 7, 84 Stat. 442.
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PART VIII-INTERNATIONAL EDUCATION PROGRAMS
International Education Act of 1966
(P.L. 89-698)
AN ACT To provide for the strengthening of American educational resources for
international studies and research
Be it enacted by the Senate and Howse of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "International Education Act of 1966".
FINDINGS AND DECLARATIONS
SEC. 2. The Congress hereby finds and declares that a knowledge of
other countries is of the utmost importance in promoting mutual un-
derstanding and cooperation between nations; that strong American
educational resources are a necessary base for strengthening our rela-
tions with other countries; that this and future generations of Ameri-
cans should be assured ample opportunity to develop to the fullest
extent possible their intellectual capacities in all areas of knowledge
pertaining to other countries, peoples, and cultures; and that it is
therefore both necessary and appropriate for the Federal Government
to assist in the development of resources for international study and
research, to assist in the development of resources and trained per-
sonnel in academic and professional fields, and to coordinate the exist-
ing and future programs of the Federal Government in international
education, to meet the requirements of world leadership.
(20 U.S.C. 1171) Enacted Oct. 29, 1966, P.L. 89-698, Title 1, sec. 2, 80 Stat. 19611
TITLE I-GRANT PROGRAMS FOR ADVANCED AND
UNDERGRADUATE INTERNATIONAL STUDIES
CENTERS FOR ADVANCED INTERNATIONAL STUDIES
SEc. 101. (a) The Secretary of I[-Iealth, Education, and Welfare
(hereinafter referred to as the "Secretary") is authorized to arrange
through grants to institutions of higher education, or combinations of
such institutions, for the establishment, strengthening, and operation
by them of graduate centers which will be national and international
resources for research and training in international studies and the
international aspects of professional and other fields of study. Activ-
ities carried on in such centers may be concentrated either on specific
geographical areas of the world or on particular fields or issues in
world affairs which concern one or more countries, or on both. The
Secretary may also make grants to public and private nonprofit agen-
cies and organizations, including professional and scholarly associa-
(543)
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544
tions, when such grants will make an especially significant contribution
to attaining the objectives of this section.
(b) Grants under this section may be used to cover part or all of the
cost of establishing, strengthening, equipping. and operating research
and training centers, including the cost of teaching and research mate-
rials and resources, the cost of programs for bringing visiting scholars
and faculty to the center, and the cost of training, improvementS and
travel of the staff for the purpose of carrying out the objectives of this
section. Such grants may also include funds for stipends (in such
amounts as may be determined in accordance with regulations of the
Secretary) to individuals undergoing training in such centers, inclu d-
ing allowances for dependents and for travel for research and study
here and abroad. Grants under this section shall be macic on such
conditions as the Secretary finds necessary to carry out its purposes.
(20 U.S.C. 1172) Enacted Oct. 29, 1966, P.L. 89-698, Title I. sec. 101. 80 Stat.
1066.
GRANTS TO STRENGTHEN UNDERGRADUATE PROGRAMS IN INTERNATIONAL
STUDIES
SEc. 102. (a) The Secretary is authorized to make grants to institu-
tions of higher education, or combinations of such institutions, to assist
them in planning, developing, and carrying out a. comprehensive pro-
gram to strengthen and improve undergraduate instruction in inter-
national studies. Grants made under this section may be for projects
and activities which are an integral part of such a comprehensive pro-
gram such as-
(1) planning for the development and expansion of undergrad-
uate programs in international studies;
(2) teaching, research, curriculum development, and other re-
lated activities;
(3) training of faculty member in foreign countries;
(4) expansion of foreign language courses;
(5) planned and supervised student work-study-travel pro-
grams;
(6) programs under which foreign teachers and scholars may
visit institutions as visiting faculty; and
(7) programs of English language training for foreign teach-
ers, scholars, and students.
The Secretary may also make grants to public and private nonprofit
agencies and organizations, including professional and scholarly asso-
ciations, when such grants will make an especially significant contri-
bution to attaining the objective of this section.
(b) A grant may be made under this section only upon application
to the Secretary at such time or times and containing such mforrnation
as he deems necessary. The Secretary shall not approve an application
unless it-
(1) sets forth a program for carrying out one or more projects
or activities for which a grant is authorized under subsection (a)
(2) sets forth policies and procedures which assure that Fed-
eral funds made available under this section for any fiscal year
will be so used as to supplement and, to the extent practical, in-
crease the level of funds that would, in the absence of such Federal
PAGENO="0555"
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funds, be made available for purposes which meet the require-
ments of subsection (a), and in no case supplant such funds;
(3) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the applicant under this
section; and
(4) provides for making such report, in such form and con-
taining such information, as the Secretary may require to carry
out his functions under this section, and for keeping such records
and for affording such access thereto as the Secretary may find
necessary to assure the correctness and verification of such reports.
(c) The Secretary shall allocate grants to institutions of higher
education under this section in such manner and according to such
plan as will most nearly provide an equitable distribution of the grants
throughout the States while at the same time giving a preference to
those institutions which are most in need of funds for programs in
international studies and which show real promise of being able to use
funds effectively.
(20 U.S.C. 1173) Enacted Oct. 29, 1966, P.L. 89-698, Title I, sec. 102, 80 Stat.
1067.
METHOD OF PAYMENT; FEDERAL ADMINISTRATION
SEC. 103. (a) Payments under this title may be made in install-
ments, and in advance or by way of reimbursement with necessary ad-
justments on account of overpayments or underpayments.
(20 U.S.C. 1174) Enacted Oct. 29, 1966, P.L. 89-698, Title I, sec. 103, 80 Stat.
1068; subsec. (b) repealed Apr. 13, 1970, P.L. 91-230, sec. 401(c) (7) and super-
seded by sec. 411, Title IV, of P.L. 90-247, as amended, 20 U.S.C. 1231(b).
AUTHORIZATION AND REPORTS
SEC. 105. (a) There is authorized to be appropriated $1,000,000 for
the fiscal year ending June 30, 1967, which shall be available only for
the purpose of preparing the report provided for in subsection (b) of
this section. There are authorized to be appropriated $40,000,000
for the fiscal year ending June 30, 1968, and $90,000,000 for each of
the succeeding fiscal years ending prior to July 1, 1971, for the purpose
of carrying out the provisions of this title. There are authorized to be
appropriated $20,000,000 for the fiscal year ending June 30, 1973,
$30,000,000 for the fiscal year ending June 30, 1974, and $40,000,000
for the fiscal year ending June 30, 1975. for the purpose of carrying
out the provisions of this title. For the fiscal years thereafter there
shall be appropriated for the purpose of carrying out the provisions
of this title only such amounts as the Congress may hereafter author-
ize by law.
(b) The Secretary shall prepare, with the advice of the Advisory
Committee appointed pursuant to section 106, a report containing spe-
cific recommendations for carrying out the provisions of this title, in-
cluding any recommendations for amendments to this title and to
portions of other laws amended by this Act, and shall submit such
report to the President and the Congress not later than April 30, 1967.
(c) Prior to January 31, 1968, and prior to January 31 in each
year thereafter, the Secretary shall make a report to the Congress
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546
which reviews and evaluates activities carried on under the authority
of this Act and which reviews other activities of the Federal Govern-
ment drawing upon or strengthening American resources for inter-
national study and research and any existing activities and plans to
coordinate and improve the efforts of the Federal Government in
international education.
(20 U.S.C. 1176) Enacted Oct. 29, 1966, P.L. 89-698, Title I, sec. 105, 80 Stat.
1068; amended Oct. 16, 1968, P.L. 90-575, title V, sec. 502, 82 Stat. 1062; amended
June 23, 1972, P.L. 92-318, sec. 183, 86 Stat. 312.
NATIONAL ADVISORY COMMITTEE ON INTERNATIONAL STUDIES
SEC. 106. (a) The President is authorized to establish in the Depart-
ment of Health, Education, and Welfare a National Advisory Com-
mittee on International Studies, consisting of the Assistant Secretary
of Health, Education, and Welfare for Education who shall be chair-
man, and not more than fifteen additional members appointed by the
President so that a majority shall constitute a. broad representation
of higher education in the United States a.nd the. remainder shall
include representatives of the general public and individuals experi-
enced in foreign affairs.
(b) The Advisory Conunittee shall advise the Secretary in the
preparation of the report provided for in section 105(b) of this Act,
and thereafter shall advise the Secretary in carrying out the provisions
of this Act. The recommendations of the Advisory Committee shall
be included in the report provided for in section 105 (b) of this Act
and in the annual reports provided for in section 105 (c) of this Act.
(20 U.S.C. 1177) Enacted Oct. 29, 1986, P.L. 89-698, Title I. sec. 106, 80 Stat.
1069; subsections (c) and (d) repealed April 13, 1970, P.L. 91-230, Title IV,
sec. 401(h) (5) and superseded by sec. 5, 434 and 435 of P.L. 90-247, as amended,
20 U.S.C. 1233c, 1233d.
NATIONAL DEFENSE EDUCATION ACT OF 1958
(P.L. 85-864)
AN ACT To strengthen the national defense and to encourage and assist in the
expansion and improvement of educational programs to meet critical national
needs; and for other purposes
Be it enacted by the Senate a'nd House of Representatives of the
United States of America in Congress assembled, That this Act, di-
vided into titles and sections according to the following table of con-
tents, may be cited as the "National Defense Education Act of 1958".
* * * * * * *
TITLE I-GENERAL PROVISIONS
FINDINGS AND DECLARATION OF POLICY
SEC. 101. The Congress hereby finds and declares that the security of
the Nation requires the fullest development of the mental resources
and technical skills of its young men and women. The present emer-
gency demands that additional and more adequate educational oppor-
tunities be made available. The defense of this Nation depends upon
PAGENO="0557"
547
the mastery of modern techniques developed from complex scientific
principles. It depends as well upon the discovery and development
of new principles, new techniques, and new knowledge.
We must increase our efforts to identify and educate more of the
talent of our Nation. This requires programs that will give assurance
that no student of ability will be denied an opportunity for higher
education because of financial need; will correct as rapidly as possible
the existing imbalances in our educational programs.
The Congress reaffirms the principle and declares that the States
and local communities have and must retain control over and primary
responsibility for public education. The national interest requires,
however, that the Federal Government give assistance to education
for programs, which are important to our defense.
To meet the present educational emergency requires additional effort
at all levels of government. It is therefore the purpose of this Act to
provide substantial assistance in various forms to individuals, and to
States and their subdivisions, in order to insure trained manpower of
sufficient quality and quantity to meet the national defense needs of
the United States.
(20 U.S.C. 401) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 101, 72 Stat.
1581; amended Oct. 16; 1964, P.L. 88-665, Title I, sec. 101, 78 Stat. 1100.
SEC. 102. Repealed.
(20 U.S.C. 402) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 102, 72 Stat.
1582; repealed April 13, 1971, P.L. 91-230, Title IV, sec. 402(b) (2) and replaced
by see. 422 of P.L. 90-247, as required by sec. 401(a) (10) of P.L. 91-230
(20 U.S.C. 1232a).
DEFINITIONS
SEC. 103. As used in this Act-
(a) The term "State" means a State, Puerto Rico, the District of
Columbia, the Canal Zone, Guam, American Samoa, the Virgin Islands
and, for the purposes of titles II, III, and V, the Trust Territory of the
Pacific Islands, except that as used in sections 302 and 502, such
term does not include Puerto Rico, the Canal Zone, Guam, American
Samoa, the Virgin Islands, or the Trust Territory of the Pacific
Islands.
(b) The term "institution of higher education" means an educa-
tional institution in any State which (1) admits as regular students
only persons having a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such certificate,
(2) is legally authorized within such State to provide a program of
education beyond secondary education (3) provides an educational
program for which it awards a bachelor's degree or provides not less
than a two-year program which is acceptable for full credit toward
such a degree, (4) is a public or other nonprofit institution, and (5) is
accredited by a nationally recognized accrediting agency or associa-
tion approved by the Commissioner for this purpose or, if not so
accredited, (A) is an institution with respect to which the Commis-
sioner has determined that there is satisfactory assurance, considering
the resources available to the institution, the period of time, if any,
during which it has operated, the effort it is making to meet accredita-
tion standards, and the purpose for which this determination is being
PAGENO="0558"
548
made, that the institution will meet the accreditation standards of such
an agency or association within a reasonable time, or (B) is an insti-
tution whose credits are accepted on transfer by not less than three
institutions which are so accredited, for credit on the same basis as if
transferred from an institution so accredited. For purposes of title II,
such term includes any school of nursing as defined in subsection (1)
of this section; and proprietary institution of higher education (as
defined in section 461(b) of the Higher Education Act of 1965) which
includes in its agreement under section 204 of such title such terms
and conditions as the Commissioner determines to be necessary to
insure that the availability of assistance to students at the school under
such title has not, and will not, increase the tuition, fees, or other
charges to such students; and any school which provides not less
than a one-year program of training to prepare students for gainful
employment in a recognized occupation and which meets the pro-
visions of clauses (1), (2), (4), and (5). If the Commissioner deter-
mines that a particular category of such schools does not meet the
requirements of clause (5) (but meets the requirements of clause (4))
because there is no nationally recognized acerediting agency or asso-
ciation qualified to accredit schools in such category, he shall, pending
the establishment of such an accrediting agency or association, ap-
point an advisory committee, composed of persons specially qualified
to evaluate training provided by schools in such category, which shall
(i) prescribe the standards of content, scope, and quality which must
be met in order to qualify schools in such category to participate in
the student loan program under title II, and (ii) determine whether
particular schools not meeting the requirements of clause (5) meet
these standards. For purposes of this subsection, the Commissioner
shall publish a list of nationally recognized accrediting agencies or
associations which he determines to be reliable authority as the quality
of training offered.
(c) The term "Commissioner" means the Commissioner of Educa-
tion.
(d) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(e) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or~
if there is no such officer or agency, an officer or agency designated
by the governor or by State law.
(f) The term "school-age population" means that part. of the popu-
lation which is between the ages of five and seventeen, both inclusive,
and such school-age population for the several States shall be deter-
mined by the Commissioner on the basis of the population between
such ages for the most recent year for which satisfactory data are
available from the Department of Commerce.
(g) The term "elementary school" means a school which provides
elementary education, as determined under State law or if such school
is not in any State, as determined by the Commissioner.
(h) The term "secondary school" means a school which provides
secondary education, as determined under State law, or, if such school
is not in any State, as determined by the Commissioner, except that
it does not include any education provided beyond grade 12. For the
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549
purposes of sections 301 through 304, the term "secondary school"
may include a public junior college, as determined under State law
or, if such school is not in any State, as determined by the
Commissioner.
(i) The term "public" as applied to any school or institution includes
a school or institution of any agency of the United States, except that
no such school or institution shall be eligible to receive any grant, loan,
or other payment under this Act.
(j) The term "nonprofit", as applied to a school or institution,
means a school or institution owned and operated by one or more non-
profit corporations or associations no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private shareholder
or individual, and, for the purposes of part A of title V, includes a
school of any agency of the United States.
(k) The term "local educational agency" means a board of educa-
tion or other legally constituted local school authority having admin-
istrative control and direction of public elementary or secondary
schools in a city, county, township, school district, or political sub-
division in a State, or any other public institution or agency having
administrative control and direct of a public elementary or secondary
school.
(1) The term "school of nursing" means a public or other non-profit
collegiate or associate degree school of nursing.
(m) The term "collegiate school of nursing" means `a department,
division, or other administrative unit in a college or university which
provides primarily or exclusively an accredited program of education
in professional nursing and allied subjects leading to the degree of
bachelor of arts, bachelor of science, bachelor of nursing, or to an
equivalent degree, or to a graduate degree in nursing.
(n) The term "associate degree school of nursing" means a depart-
ment, division, or other administrative unit in a junior college,
community college, college, or university which provides primarily
or exclusively an accredited two-year program of education in pro-
fessional nursing and allied subjects leading to an associate degree
in nursing or to an equivalent degree.
(o) The term "accredited" when applied to any program of nurse
education means a program accredited by a recognized body or bodies
approved for such purpose by the Commissioner of Education.
(20 U.S.C. 403) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 103, 72 Stat.
1582; amended June 25, 1959, P.L. 86-70, sec. 18(a) (1), 73 Stat. 144; amended
July 12, 1960, P.L. 86-624, sec. 14(a) (1), 74 Stat. 413; amended Dec. 18, 1963,
P.L. 88-210, sec. 21, 77 Stat. 415; amended Oct. 16. 1964, P.L. 88-665, Title I, sees.
102, 103, 78 Stat 1100; amended Nov. 8, 1965, P.L. 89-329, Title IV, see. 461,
79 Stat. 1251; amended Nov. 3, 1966, P.L. 89-752, sec. 16(h). 80 Stat. 1245;
amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 174, 82 Stat. 1035.
* * * * * * *
TITLE VT-LANGUAGE DEVELOPMENT
LANGUAGE AND AREA CENTERS AND PROGRAMS
SEC. 601. (a) The Secretary is authorized to make grants to or
contracts with institutions of higher education for the purposes of
establishing, equipping. and operating graduate and undergraduate
centers and programs for the teaching of any modern foreign lan-
guage, for instruction in other fields needed to provide a full under-
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standing of the areas, regions, or countries in which such language is
commonly used, or for research and training in international studies
and the international aspects of professional and other fields of study.
Any such grant or contract may cover all or part of the cost of the
establishment or operation of a center or program. including the costs
of faculty, staff, and student travel in foreign areas. regions. or coun-
tries, and the costs of travel of foreign scholars to teach or conduct
research, and shall be made on such conditions as the Secretary finds
necessary to carry out the purposes of this section.
(b) The Secretary is also authorized to pay stipends to individuals
undergoing advanced training in any center or under any program
receiving Federal financial assistance under this title, including allow-
ances for dependents and for travel for research and study here and
abroad, but only upon reasonable assurance that the recipients of such
stipends will, on completion of their training, be available for teaching
service in an institution of higher education or elementary or secondary
school, or such other service of a public nature as may be permitted in
the regulations of the Secretary.
(c) No funds may be expended under this title for undergraduate
travel except in accordance with rules prescribed by the Secretary
setting forth policies and procedures to assure that Federal funds
made available for such travel are expended as part of a formal pro-
gram of supervised study.
(20 U.S.C. 511) Enacted Sept. 2, 1958, P.L. 85-864, Title VI, sec. 601, 72 Stat.
1593; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 205 (a), 75 Stat. 780;
amended Dec. 18, 1963, P.L. 88-210, sec. 26(a), 77 Stat. 418; amended Oct. 16,
1964, P.L. 88-665, Title VI, sec. 601(a), 78 Stat. 1106; amended Oct. 29, 1966,
P.L. 89-698, Title II, sec. 201, 80 Stat. 1069; amended Oct. 16. 1968, P.L. 90-575,
Title III, sec. 331, 82 Stat. 1057; amended June 23, 1972, P.L. 92-318, sec. 182(a),
86 Stat. 311, 312.
RESEARCH AND STUDIES
SEc. 602. The Commissioner is authorized, directly or by contract,
to make studies and surveys to determine the need for increased or im-
proved instruction in modern foreign languages and other fields
needed to provide a full understanding of the areas, regions or coun-
tries in which such languages are commonly used, to conduct research
on more effective methods of teaching such languages and in such
other fields, and to develop specialized materials for use in such train-
ing, or in training teachers of such languages or in such fields.
(20 U.S.C. 512) Enacted Sept. 2, 1958, P.L. 85-864, Title VI. sec. 602, 72 Stat.
1594.
APPROPRIATIONS AUTHORIZED
SEC. 603. There are hereby authorized to be appropriated S8.000,000
for the fiscal year ending June 30, 1964, $13.000.000 for the fiscal year
ending June 30, 1965, $14,000,000 for the fiscal year ending June 30,
1966, $16,000,000 for the fiscal year ending June 30, 1967, $18,000,000
for the fiscal year ending June 30, 1968. $16,050,000 for the fiscal year
ending June 30, 1969, $30,000,000 for the fiscal year ending June 30,
1970, $38,500,000 for each of the fiscal years ending June 30. 1971, and
June 30, 1972, $50,000,000 for the fiscal year ending June 30, 1973, and
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$75,000,000 for each of the fiscal years ending June 30, 1974, and
June 30, 1975, to carry out the provisions of this title.
(20 U.S.C. 513) Enacted Sept. 2, 1958, P.L. 85-804, Title VI, sec. 603, 72 Stat.
1594; amended Oct. 16, 1964, P.L. 88-665, Title VI, sec. 601(b), 78 Stat. 1107;
amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 331, 82 Stat. 1057; amended
June 23, 1972, P.L. 92-318, sec. 182(b), 86~Stat. 312.
* * * S
TITLE X-MISCELLANEOUS PROVISIONS
ADMINISTRATION
SEc. 1001. (c) The Commissioner shall include in his annual report
to the Congress a full report of the activities of the Office of Educa-
tion under this Act, including recommendations for needed revisions
in the provisions thereof.
(d) The Secretary shall advise and consult with the heads of depart-
ments and agencies of the Federal Government responsible for the
administration of scholarship, fellowship, or other educational pro-
grams with a view to securing full information concerning all special-
ized scholarship, fellowship, or other educational programs adminis-
tered by or under any such department or agency and to developing
policies and procedures which will strengthen the educational pro-
grams and objectives of the institutions of higher education utilized
for such purposes by any department or agency.
(e) Any agency of the Federal Government shall exercise its func-
tions under any other law in such manner as will assist in carrying
out the objectives of this Act. Nothing in this Act shall be construed
as superseding or limiting the authority of any such agency under any
other law.
(f) (1) No part of any funds appropriated or otherwise made avail-
able for expenditure under the authority of this Act shall be used to
make payments or loans to any individual (other than a permanent
resident of the Trust Territory of the Pacific Islands) unless such indi-
vidual has taken and subscribed to an oath or affirmation in the follow-
ing form: "I do solemnly swear (or affirm) that I will bear true faith
and allegiance to the United States of America and will support and
defend the Constitution and laws of the United States against all its
enemies. foreign and domestic".
(2) No fellowship or stipend shall be awarded to any individual
under the provisions of title IV or of part A of title VI of this Act
unless such individual has provided the Commissioner (in the case of
applications made on or after October 1, 1962) with a full statement
regarding any crimes of which he has ever been convicted (other than
crimes committed before attaining sixteen years of age and minor
traffic violations for which a fine of $25 or less was imposed) and re-
~rarding any criminal charges punishable by confinement of thirty
days or more which may be pending against him at the time of his
application for such fellowship or stipend.
(3) TIme provisions of section 1001 of title 18, United States Code,
shall be applicable with respect to the oath or affirmation required
44-078 0 - 75 - 36
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under paragraph (1) of this subsection and to the statement required
under paragraph (2).
(4) (A) When any Communist organization, as defined in para-
graph (5) of section 3 of the Subversive Activities Control Act of 1950,
is registered or there is in effect a final order of the Subversive Activi-
ties Control Board requiring such organization to register, it shall
be unlawful for any member of such organization with knowledge or
notice that such organization is so registered or that such order has
become final (i) to make application for any payment or loan which is
to be made from funds part or all of which are appropriated or other-
wise made available for expenditure under the authority of this Act,
or (ii) to use or attempt to use any such payment or loan.
(B) Whoever violates subparagraph (A) of this paragraph shall be
fined not more than $10,000 or imprisoned not more than five years,
or both.
(g) Nothing contained in this Act shall prohibit the Commissioner
from refusing or revoking a fellowship award under title IV of this
Act, in whole or in part, in the case of any applicant or recipient, if
the Commissioner is of the opinion that such award is not in the best
interests of the United States.
(20 U.S.C. 581) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1001, 72 Stat.
1602; amended Oct. 16, 1962, P.L. 87-835, 76 Stat. 1070; amended Oct. 16, 1968,
P.L. 90-575, Title I, sec. 176, 82 Stat. 1035; subsections (a) and (b) repealed
April 13, 1970, P.L. 91-230, Title IV, sec. 401(c) (4) and replaced by P.L. 91-230,
Title IV, sec. 401(a) (10), (20 U.S.C. 1231)
METHOD OF PAYMENT
SEC. 1006. Payments under this Act to any individual or to any
State or Federal agency, institution of higher education, or any other
organization, pursuant to a grant, loan, or contract, may be. made in
installments, and in advance or by way of reimbursements, and, in
the case of grants or loans, with necessary adjustments on account of
overpa.yments or underpayments.
(20 U.S.C. 586) Enacted Sept. 2, 1958, P.L. 85-864, Title X, sec. 1006, 72 Stat.
1604.
United States Information and Educational Exchange Act of 1948
* * * * * * *
OB,TECTIvES
SEC. 2. The Congress hereby declares that the objectives of this Act
are to enable the Government of the United States to promote a better
understanding of the United States in other countries, and to increase
mutual understanding between the people of the United States and the
people of other countries. Among the means to be used in achieving
these objectives are:
(1) an information service to disseminate abroad information
about the United States, its people, and policies promulgated by
the Congress, the President, the Secretary of State and other re-
sponsible officials of Government having to do with matters affect-
ing foreign affairs;
* *
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UNITED NATIONS
SEC. 3. In carrying out the objectives of this Act, information con-
cerning the participation of the United States in the United Nations,
its organizations and functions shall be emphasized.
* * * * * *
DEFINITIONS
SEC. 4. When used in this Act, the term-
(1) "Secretary" means the Secretary of State.
(2) "Department" means the Department of State.
* * * * * * *
TITLE II-INTERCHANGE OF PERSONS, KNOWLEDGE,
AND SKILLS
BOOKS AND MATERIALS
SEC. 202. The Secretary is authorized to provide for interchanges
between the United States and other countries of books and periodi.~
cals, including government publications, for the translation of such
writings, and for the preparation, distribution, and interchange of
other educational materials.1
INSTITUTIONS
SEC. 203. The Secretary is authorized to provide for assistance to
schools, libraries, and community centers abroad, founded or spon-
sored by citizens of the United States, and serving as demonstration
centers for methods and practices employed in the United States. In
assisting any such schools, however, the Secretary shall exercise no
control over their educational policies and shall in no case furnish
assistance of any character which is not in keeping with the free
democratic principles and the established foreign policy of the United
States.2
TITLE Ill-ASSIGNMENT OF SPECIALISTS
PERSONS TO BE ASSIGNED
SEC. 301. The Secretary is authorized, when the government of an-
other country is desirous of obtaining the services of a person having
special scientific or other technical or professional qualifications, from
1 Subject to specified policy `and other controls by the Secretary of State, sec. 2(a) of
1953 Reorganization Plan No. 8 transferred to the Director of the United States Informa-
tion Agency "so much of functions with respect to the interchange of books and periodi-
cals * * * as is an integral part of Information programs" under P.L. 80-402, "together
with so much `of `the functions vested In the Secretary of State by other provisions of the
said Act as is incidental to or necessary for `the performance of the functions" under
sec. 202.
2 Subject to specified policy and other controls by the Secretary of State see. 2(a) of
1953 Reorganization Plan No. S transferred to the Director of the United States Informa-
tion Agency "so much of functions with respect to * * * aid to libraries and community
centers ° * ~ as Is an integral part of information programs" under P.L. 80-402 "te-
getber with so much of the functions vested in the Secretary of State by other provisions
of the said Act as is incidental to or necessary for the performance of the functions" under
sec. 203. P.L. 87-256 repealed sec. 203 "insofar as it relates to schools."
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time to time to assign or authorize the assignment for service, to or in
cooperation with such government, any citizen of the United States in
the employ or service of the Government of the United States who
has such qualification, with the approval of the Government agency
in which such person is employed or serving. No person shall be
assigned for service to or in cooperation with the government of any
country unless (1) the Secretary finds that such assignment is nec-
essary in the national interest of the United States, or (2) such
government agrees to reimburse the United States in an amount
equal to the compensation, travel expenses, and allowances payable to
such person during the period of such assignment in accordance with
the provisions of section 302, or (3) such government shall have made
an advance of funds, property, or services as provided in section 902.
Nothing in this Act, however, shall authorize the assignment of such
personnel for service relating to the organization. training, operation,
development, or combat equipment of the armed forces of a foreign
government.
STATUS AND ALLOWANCES
SEC. 302. Any citizen of the United States, while assigned for
service to or in cooperation with another government under the author-
ity of this Act, shall be considered, for the purpose of preserving his
rights, aTlowances~ and privileges as such, an officer or employee of
the Government of the United States and of the Government agency
from which assigned and he shall continue to receive compensation
from that agency. He may also receive, under such regulations as the
President may prescribe, representation allowances similar to those
allowed under section 901(3) of the Foreign Service Act of 1946 (60
Stat. 999). The authorization of such allowances and other benefits
and the payment~ thereof out of any appropriations available therefor
shall be considered as meeting all the requirements of section 1765 of
the Revised Statutes.1
ACCEPTANCE OF OFFICE ITXDER ANOTHER GOVERNNEXT
SEC. 303. Any citizen of the United States while assigned for service
to or in cooperation with another government under authority of this
Act may, at the discretion of his Government agency, with the con-
currence of the Secretary, and without additional compensation there-
for, accept an office under the government to which he is assigned, if
the acceptance of such an office in the opinion of such agency is neces-
sary to permit the effective performance of duties for which he is as-
signed, including the making or approving on beha'f of such foreign
government the disbursement of fimds provided by such government
or of receiving from such foreign government funds for deposit and
disbursement on behalf of such government, in carrying out programs
undertaken pursuant to this Act: Provided. liowevei. That such ac-
ceptance of office shall in no case involve the taking of an oath of
allegiance to another government.
1 Sees. 1(d) and 2 of Executive Order 10011, Oct. 22. 1948. respectively vested in the
Secretary of State the President's authority under sec. ~302 and directed all officers, officials,
and employees of the United States, including disbursing, accounting, and nuditing offices,
to give the same effect to any act of the Secretary hereunder ~s if done by the President.
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TITLE TV-PARTICIPATION BY GOVERNMENT
AGENCIES
GENERAL AUTHORITY
SEC. 401. The Secretary is authorized, in carrying on any activity
under the authority of this Act, to utilize, with the approval of the
President, the services, facilities, and personnel of the other Govern-
ment agencies. Wheuever the Secretary shall use the. services, fa-
cilities, or personnel of any Government agency for activities under
authority of this Act, the Secretary shall pay for such performance
out of funds available to the Secretary under this Act, either in ad-
vance, by reimbursement, or direct transfer. The Secretary shall in-
clude in such report submitted to the Congress under section 1008 a
statement of the services, facilities, and. personnel of other Govern-
ment agencies utilized in carrying on activities under the authority of
this Act, showing the names and salaries of the personnel utilized, or
performing services utilized, during the period covered by such report,
and the amounts paid to such other agencies under this section as pay-
ment for such performance.
TECHNICAL AND OTHER SERVICES
SEC. 402. A Government agency, at the request of the Secretary,
may perform such technical or other services as such agency may be
competent to render for the government of another country desirous
of obtaining such services, upon terms and conditions which are satis-
factory to the Secretary and to the head of the Government agency,
when it is determined by the Secretary that such services will contrib-
ute to the purposes of this Act. However, nothing in this Act shall
authorize the performance of services relating to the organization,
training, operation, development, or combat equipment of the armed
forces of a foreign government.
POLICY GOVERNING SERVICES
SEC. 403. In authorizing the performance of technical and other
services under this title, it is the sense of the Congress (1) that the Sec-
retary shall encourage through any appropriate Government agency
the performance o~ such services to foreign governments by qualified
private American individuals and agencies, and shall not enter into the
performance of such services to any foreign government where such
service may be performed adequately by qualified private American
individuals and agencies and such qualified individuals and agencies
are available for the performance of such services; (2) that if such
services are rendered by a Government agency, they shall demonstrate
the technical accomplishments of the United States, such services being
of an advisory, investigative, or instructional nature, or a demonstra-
tion of a technical process * * *
* * * * * * *
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TITLE VII-APPROPRIATIONS
GENERAL AUTHORIZATIONS
SEC. 701. Appropriations to carry out the purposes of this Act are
hereby authorized.
TRANSFER OF FU1~DS
SEC. 702. The Secretary shall authorize the transfer to other Gov-
ernment agencies for expenditure in the tinited States and in other
countries, in order to carry out the purposes of this Act, any part of
any appropriations available to the Department for carrying out the
purposes of this Act, for direct expenditure or as a working fund, and
any such expenditures may be made under the specific authority con-
tained in this Act or under the authority governing the activities of
the Government agency to which a part of any such appropriation is
transferred, provided the activities come within the scope of this Act.
TITLE Vill-ADMINISTRATIVE PROCEDURES
* * * * * * *
GOVERNMENT AGENCIES
SEC. 802. In carrying on activities which further the purposes of
this Act, subject to approval of such activities by the Secretary, the
Department and the other Government agencies are authorized-
(1) to place orders and make purchases and rentals of mate-
rials and equipment;
(2) to make contracts~ including contracts with governmental
agencies, foreign or domestic, including subdivisions thereof, and
intergovernmental organizations of which the United States is a
member, and, with respect to contracts entered into in foreign
countries, without regard to section 3741 of the Revised Statutes
(41 U.S.C. 22);
(3) under such regulations as the Secretary may prescribe, to
pay the transportation expenses, and not to exceed $10 per diem
in lieu of subsistence and other expenses. of citizens or subjects of
other countries, without regard to the Standardized Government
Travel Regulations and the Subsistence Act of 1926, as amended;
and
(4) to make grants for, and to pay expenses incident to, train-
ing and study.
MAXIM1ThI USE OF EXISTING GOVERNMENT PROPERTY AND FACILITIES
SEC. 803. Tn carrying on activities under this Act which require the
utilization of Government property and facilities, maximum use shall
be made of existing Government property and facilities.
* * * * * * *
(22 U.S.C. 1431-1479) Enacted Jan. 27, 1948, P.L. 402, 80th Cong., 62 Stat.
6-13; amended Apr. 5, 1952, P.L. 298, 82nd Cong., 66 Stat. 43 et seq.; amended
Sept. 21, 1961, P.L. 87-256, 75 Stat. 538, et seq.; amended Sept. 2, 1965, P.L.
89-164, 79 Stat. 643.
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Agricultural Trade Development and Assistance Act of 1954
(P.L. 480, 83d Congress)
AN ACT To increase the consumption of the United States agricultural commodi-
ties in foreign countries, to improve the foreign relation of the United States,
and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Agricultural Trade Development and Assistance Act
of 1954".
SEC. 2. The Congress hereby declares it to be the policy of the
United States to expand international trade; to develop and expand
export markets for United States agricultural commodities; to use the
abundant agricultural productivity of the United States to combat
hunger and malnutrition and to encourage economic development in
the developing countries, with particular emphasis on assistance to
those countries that are determined to improve their own agricultural
production; and to promote in other ways the foreign policy of the
United States.
* * * * * * *
SEC. 104. Notwithstanding any other provision of law, the Presi-
dent may use or enter into agreements with foreign countries or inter-
national organizations to use the foreign currencies, including prin-
cipal and interest from loan repayments, which accrue in connection
with sales for foreign currencies under this title for one or more of
the following purposes:
(a) For payment of United States obligations (including obli-
gations entered into pursuant to other legislation)
(b) For carrying out programs of United States Government
agencies to-
(1) help develop new markets for United States agricul-
tural commodities on a mutually benefitting basis. From sale
proceeds and loan repayments under this title not less than
the equivalent of 5 per centum of the total sales made each
year under this title shall be set aside in the amounts and
kinds of foreign currencies specified by the Secretary of
Agriculture and made available in advance for use as pro-
vided by this paragraph over such period of years as the Sec-
retary of Agriculture determines will most effectively carry
out the purpose of this paragraph: Provided, That the Secre-
tary of Agriculture may release such amounts of the foreign
currencies so set aside as he determines cannot be effectively
used for agricultural market development purposes under this
section, except that no release shall be made until the expira-
tion of thirty days following the date on which notice of such
proposed release is transmitted by the President to the Senate
Committee on Agriculture and Forestry and to the House
Committee on Agriculture, if transmitted while Congress is
in session, or sixty days following the date of transmittal if
transmitted while Congress is not in session. Provision shall
be made in sale and loan agreements for the convertibility of
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such amount of the proceeds thereof (not less than 2 per
centum) as the Secretary of Agriculture determines to be
needed to carry out the purpose of this paragraph in those
countries which are or offer reasonable potential of becoming
dollar mgrkets for United States agricultural commodities.
Such sums shall be converted into the types and kinds of
foreign currencies as the Secretary deems necessary to carry
out the provisions of this paragraph and such sums shall be
deposited to a special Treasury account and shall not be made
available or expended except for carrying out the provisions
of this paragraph. Notwithstanding any other provision of
law, if sufficient foreign currencies for carrying out the pur-
pose of this paragraph in such countries are not otherwise
available, the Secretary of Agriculture is authorized and
directed to enter into agreements with such countries for the
sale of agricultural commodities in such amounts as the Secre-
tary of Agriculture determines to be adequate and for the
use of the proceeds to carry out the purpose of this paragraph.
In carrying out agricultural market development activities,
nonprofit agricultural trade organizations shall be utilized to
the maximum extent practicable. The purpose of this para-
graph shall include such representation of agricultural indus-
tries as may be required during the course of discussions on
trade programs relating either to individual commodities or
groups of commodities;
(2) finance with not less than 2 per centum of the total
sales proceeds received each year in each country activities to
assist international educational and cultural exchange and
to provide for the strengthening of the resources of American
schools, colleges, universities, and other public and nonprofit
educational agencies for international studies and research
under the programs authorized by title VI of the National
Defense Education Act, the Mutual Educational and Cul-
tural Exchange Act of 1961, the International Education Act
of 1966, the Higher Education Act of 1965, the Elementary
and Secondary Education Act of 1965, the National Founda-
tion on the Arts and the Humanities Act of 1965, and the
Public Broadcasting Act of 1967;
(3) collect, collate, translate, abstract, and disseminate sci-
entific and technological information and conduct research
and support scientific activities overseas including programs
and projects of scientific cooperation between the United
States and other countries such as coordinated research
against diseases common to all of mankind or unique to indi-
vidual regions of the globe,~ and promote and support pro-
grams of medical and scientific research, cultural and edu-
cational development, family planning, health, nutrition, and
sanitation;
(4) acquire by purchase, lease, rental, or otherwise, sites
and buildings and groirnds abroad. for United States Govern-
ment use including offices, residence quarters, community and
other facilities, and construct, repair, alter, and furnish such
buildings and facilities;
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(5) finance under the direction of the Librarian of Con-
gress, in consultation with the National Science Foundation
and other interested agencies, (A) programs outside the
United States for the analysis and evaluation of foreign
books, periodicals, and other materials to determine whether
they would provide information of technical or scientific
significance in the United States and whether such books,
periodicals, and other materials are of cultural or educational
significance, (B) the registry, indexing, binding, reproduc-
tion, cataloging, abstracting, traslating, and dissemination
of books, periodicals, and related materials determined to
have such significance; and (C) the acquisition of such books,
periodicals, and other materials and the deposit thereof in
libraries and research centers in the United States specializ-
ing in the areas to which they relate;
(c) To procure equipment, materials, facilities, and services for
the common defense including internal security;
(d) For assistance to meet emergency or extraordinary relief
requirements other than requirements for food commodities: Pro-
vided, That not more than a total amount equivalent to $5,000,000
may be made available for this purpose during any fiscal year;
(e) For use to the maximum extent under the procedures estab-
lished by such agency as the President shall designate for loans
to United States business firms (including cooperatives) and
branches, subsidiaries, or affiliates of such firms for business de-
velopment and trade expansion in such countries, including loans
for private home construction, and for loans to domestic or for-
eign firms (including cooperatives) for the establishment of fa-
cilities for aiding in the utilization, distribution, or otherwise
increasing the consumption of, and markets for, United States
agricultural products: Provided, however, That no such loans
shall be made for the manufacture of any products intended to
be exported to the United States in competition with products
produced in the United States and due consideration shall be
given to the continued expansion of markets for United States
agricultural commodities or the products thereof. Foreign cur-
rencies may be accepted in repayment of such loans;
(f) To promote multilateral trade and agricultural and other
economic development, under procedures, established by the Presi-
dent, by loans or by use in any other manner which the Presi-
dent may determine to be in the national interest of the United
States, particularly to assist programs of recipient countries de-
signed to promote, increase, or improve food production, process-
ing, distribution, or marketing in food-deficit countries friendly
to the United States, for which purpose the President may utilize
to the extent practicable the services of nonprofit voluntary agen-
cies registered with and approved by the Advisory Committee
on Voluntary Foreign Aid. Provided, That no such funds may
be utilized to promote religious activities;
(g) For the purchase of goods or services for other friendly
countries;
(h) For financing, at the request of such country, programs
emphasizing maternal welfare, child health and nutrition, and
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activities, where participation is voluntary, realted to the prob-
lems of population growth, under procedures established by the
President through any agency of the United States, or through
any local agency which he determines is qualified to administer
such activities. (Not less than 5 per centum of the total sales
proceeds received each year shall, if requested by the foreign
country, be used for voluntary programs to control population
growth;
(i) For paying, to the maximum extent practicable, the costs
outside the United States of carrying out the program authorized
in section 406 of this Act;
(j) For sale for dollars to United States citizens and nonprofit
organizations for travel or other purposes of currencies deter-
mined to be in excess of the needs of departments and agencies of
the United States for such currencies. The United States dollars
received from the sale of such foreign currencies shall be deposited
to the account of Commodity Credit Corporation; and
(k) For paying, to the maximum extent practicable, the costs
of carrying out programs for the control of rodents, insects,
weeds, and other animal or plant pests;
Provided That-
(1) Section 1415 of the Supplemental Appropriation Act, 1953,
shall apply to currencies used for the purposes specified in subsections
(a) and (b),
(2) Section 1415 of the Supplemental Appropriation Act. 1953,
shall apply. to all foreign currencies used for grants under subsections
(f) and (g), to not less than 10 per centum of the foreign currencies
which accrue pursuant to agreements entered into on or before Decem-
ber 31, 1964, and to not less than 20 per centum in the aggregate of
the foreign currencies which accrue pursuant to agreements entered
into thereafter: Provided, however, That the President is authorized
to waive such applicability of section 1415 in any case where he deter-
mines that it would be inappropriate or inconsistent with the pur-
poses of this title,
(3) No agreement or proposal to grant any foreign currencies
(except as provided in subsection (c) of this section), or to use (except
pursuant to appropriation Act) any principal or interest from loan
repayments under this section shall be entered into or carried out until
the expiration of thirty days following the date on which such agree-
ment of proposal is transmitted by the President to the Senate. Com-
mittee on Agriculture and Forestry and to the House Committee on
Agriculture, if transmitted while Congress is in session, or sixty days
following the date of transmittal if transmitted while Congress is not
in session,
(4) Any loan made under the authority of this section shall bear
interest at such rate as the President may determine but not less than
the cost of funds to the United States Treasury, taking into considera-
tion the current average market yields on outstanding marketable
obligations of the United States having maturity comparable to the
maturity of such loans, unless the President shall in specific instances
after consultation with the advisory committee established under sec-
tion 407 designate a different rate;
PAGENO="0571"
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Provided, further. That paragraphs (2), (3), and (4) of the fore-
going proviso shall not apply in the case of any nation where the
foreign currencies or credits owned by the TJrnted States and avail-
able for use by it in such nation are determined by the Secretary of
the Treasury to be in excess of the normal requirements of the depart-
ments and agencies of the United States for expenditures in such
nations for the two fiscal years following the fiscal year in which such
determination is made. The amount of any such excess shall be
devoted to the extent practicable and without regard to paragraph
(1) of the foregoing proviso, to the acquisition of sites, buildings,
and grounds under paragraph (4) of subsection (b) of this section
and to assist such nation in undertaking self-help. measures to increase
its, production of agricultural commodities and its facilities for storage
and distribution of such commodities. Assistance under the foregoing
provision shall be limited to self-help measures additional to those
which would be undertaken without such assistance. Upon the deter-
mination by the Secretary of the Treasury that such an excess exists
with respect to any nation, the President shall advise the Senate Com-
mittee on Agriculture and Forestry and the House Committee on Agri-
culture of such determination; and shall thereafter report to each such
committee as often as may be necessary to keep such Committee advised
as to the extent of such excess, the purposes for which it is used or pro-
posed to be used, and the effects of such use.
SEc. 105. Foreign currencies received pursuant to this Act shall be
deposited in a special account to the credit of the United States and
shall be used only pursuant to section 104, and any department or
agency of the Government using any of such currencies for a purpose
for which funds have been appropriated shall reimburse the Com-
modity Credit Corporation in an amount equivalent to the dollar
value of the currencies used. The President shall utilize `foreign cur-
rencies received pursuant to this Act in such manner as will, to the
maximum extent possible, reduce any deficit in the balance of pay-
ments of the United States.
* * * *
SEc. 107. (a) It is also the policy of the Congress to stimulate and
maximize the sale of United States agricultural commodities for dol-
lars through the private trade and to further the use of private enter-
prise to the maximum, thereby strengthening the development and
expansion of foreign commercial markets for United States agricul-
tural commodities. In furtherance of this policy, the Secretary of
Agriculture is authorized, notwithstanding any other provision of
law, to enter into agreements with foreign and United States private
trade for financing the sale of agricultural commodities for export over
such periods of time and on such credit terms as the Secretary deter-
mines will accomplish the objectives of this section. Any agreement
entered into under this section shall provide for the development and
execution of projects which will result in the establishment of facil-
ities designed to improve the storage or marketing of agricultural
commodities, or which will otherwise stimulate and expand private
economic enterprise in any friendly country. Any agreement entered
into under this section shall also provide for the furnishing of such
security as the Secretary determines necessary to provide reasonable
PAGENO="0572"
562
and adequate assurance of payment of the purchase price in dollars
with interest at a rate which will as nearly as practicable be equiva-
lent to the average cost of funds to the Umted States Treasury, as
determined by the Secretary of the Treasury, on outstanding market-
able obligations of the United States having maturities comparable
to maturities of credits extended under this section. In no event shall
the rate of interest be less than the minimum rate, or the delivery
period, deferral of first payment, or term of credit be longer than the
maximum term, authorized in section 106. In carrying out this Act,
the authority provided in this section for making dollar sales shall be
used to the maximum extent practicable.
(b) In carrying out the provisions of this section, the Secretary
shall take reasonable precautions to safeguard usual marketings of
the United States and to avoid displacing any sales of United States
agricultural commodities which the Secretary finds and determines
would otherwise be made for cash dollars.
(c) The Secretary shall obtain commitments from purchaser that
will prevent resale or transshipment to other countries, or use for other
than domestic purposes, of agricultural commodities purchased under
this section.
(d) In carrying out this Act, the provisions of sections 102, 103(a),
103(d), 103(e), 103(f), 103(j), 103(k), 110, 401, 402, 403, 404, 405,
407, 408, and 409 shall be applicable to sales under this section.
SEc. 108. The Commodity Credit Corporation may ftnance ocean
freight charges incurred pursuant to agreements for sales for foreign
currencies (other than those providing for conversion to dollars as
described in section 103(b) of this Act) entered into hereunder only to
the extent that such charges are higher (than would otherwise be the
case) by reason of a requirement that the commodities be transported
in United States-flag vessels. Such agreements shall require the bal-
ance of such charges for transportation in United States vessels to
be paid in dollars by the nations or organizations with whom such
agreements are entered into.
SEc. 109. (a) Before entering into agreements with developing coun-
tries for the sale of United States agricultural commodities on what
ever terms, the President shall consider the extent to which the recip
ient country is undertaking wherever practicable self-help measures
to increase per capita production and improve the means for storage
and distribution of agricultural commodities, including:
(1) devoting land resources to the production of needed food
rather than to the production of nonfood crops-especially non-
food crops in world surplus;
(2) development of the agricultural chemical, farm machinery
and equipment, transportation and other necessary industries
through private enterprise;
(3) training and instructing farmers in agricultural methods
and techniques;
(4) constructing adequate storage facilities;
(5) improving marketing and distribution systems;
(6) creating a favorable environment for private enterprise
and investment, both domestic and foreign, and utilizing available
technical know-how;
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563
(7) establishing and maintaining Government policies to in-
sure adequate incentives to producers;
(8) establishing and expanding institutions for adaptive agri-
cultural research;
(9) allocating for these purposes sufficient national budgetary
and foreign exchange resources (including those supplied by bi-
lateral, multilateral and consortium aid programs) and local cur-
rency resources (resulting from loans or grants to recipient gov-
ernments of the proceeds of local currency sales); and
(10) carrying out voluntary programs to control population
growth.
(b) Notwithstanding any other provisions of this Act, in agree-
ments with nations not engaged in armed conflict against Communist
forces or against nations with which the TJnited States has no diplo-
matic relations, not less than 20 per centum of the foreign currencies
set aside for purposes other than those in sections 104 (a), (b), (e),
and (j) shall be allocated for the self-help measures set forth in this
section.
(c) Each agreement entered into under this title shall describe the
program which the recipient country is undertaking to improve its
production, storage, and distribution of agricultural commodities; and
shall provide for termination of such agreement whenever the Presi-
dent finds that such program is not being adequately developed.
Suc. 110. Agreements shall not be entered into under this title
during any calendar year which will call for an appropriation to
reimburse the Commodity Credit Corporation in an amount in excess
of $1,900,000,000, plus any amount by which agreements entered into
under this title in prior years have called or will call for appropria-
tions to reimburse the Commodity Credit Corporation in amounts less
than authorized for such prior years.
Mutual Educational and Cultural Exchange Act of 1961
(P.L. 87-2~6)
AN ACT To provide for the improvement and strengthening of the international
relations of the United States by promoting better mutual understanding
among the people of the world through educational and cultural exchanges
Be it enacted by the Senate and Hov~se of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Mutual Educational and Cultural Exchange Act of
1961".
SEC. 101. STATEMENT OF PrmrosE.-The purpose of this Act is to
enable the Government of the United States to increase mutual under-
standing between the people of the United States and the people of
other countries by means of educational and cultural exchange; to
strengthen the ties which unite us with other nations by demonstrating
the educational and cultural interests, developments, and achievements
of the people of the United States and other nations, and the contribu-
tions being made toward a peaceful and more fruitful life for people
throughout the world; to promote international cooperation for educa-
tional and cultural advancement; and thus to assist in the development
PAGENO="0574"
564
of friendly, sympathetic, and peaceful relations between the United
*States and the other countries of the world.
SEO. 102. (a) The President is authorized, when he considers that
it would strengthen international cooperative relations, to provide,
by grant, contract, or otherwise, for-
(1) educational exchanges, (i) by financing studies, research.
instruction, and other educational activities-
(A) of or for American citizens and nationals in foreign
countries; and
(B) of or for citizens and nationals of foreign countries
in American schools a.nd institutions of learning located in
or outside the United States;
and (ii) by financing visits and interchanges between the United
States and other countries of students, trainees, teachers, instruc-
tors, and professors;
(2) cultural exchanges, by financing-
(i) visits ~nd interchanges between the United States and
other countries of leaders, experts in fields of specialized
knowledge or skill, and other influential or distinguished
persons;
(ii) tours in countries abroad by creative and performing
artists and athletes from the United States, individually and
in groups, representing any field of the arts, sports, or any
other form of cultural attainment;
(iii) United States representation in international artistic,
dramatic, musical, sports, and other cultural festivals, compe-
titions, meetings, and like exhibitions and assemblies;
(iv) participation by groups and individuals from other
countries in nonprofit activities in the United States similar
to those described in subparagraphs (ii) and (iii) of this
paragraph, when the President determines that such partici-
pation is in the national interest.
(3) United States participation in international fairs and expo-
sitions abroad, including trade and industrial fairs and other
public or private demonstrations of the United States economic
accomplishments and cultural attainments.
(b) In furtherance of the purposes of this Act, the President is
further authorized to provide for-
(1) interchanges between the United States and other countries
of handicrafts, scientific, technical, and scholarly books, books of
literature, periodicals, and Government publications, and the re-
production and translation of such writings and the preparation,
distribution, and interchange of other educational and research
materials, including laboratory and technical equipment for edu-
cation and research;
(2) establishing and operating in the United States and abroad
centers for cultural and technical interchanges to promote better
relations and understanding between the United States and other
nations through cooperative study, training, and research;
(3) assistance in the establishment, expansion. maintenance,
and operation of schools and institutions of learning abroad,
founded, operated, or sponsored by citizens or nonprofit rnstitu-
tions of the United States, including such schools and institu-
PAGENO="0575"
565
tions serving as demonstration centers for methods and practices
employed in the United States;
(4) fostering and supporting American studies in foreign coun-
tries through professorships, lectureships, institutes, seminars, and
courses in such subjects as American history, government, eco-
nomics, language, and literature, and other subjects related to
American civilization and culture, including financing the attend-
ance at such studies by persons from other countries;
(5) promoting and supporting medical, scientific, cultural, and
educational research and development;
(6) promoting modern foreign language training and area
studies in United States schools, colleges, and universities by sup-
porting visits and study in foreign countries by teachers and pro-
spective teachers in such schools, colleges, and universities for the
purpose of improving their skill in languages and their knowledge
of the culture of the people of these countries, and by financing
visits by teachers from those countries to the United States for the
purpose of participating in foreign language training and area
studies in United States schools, colleges, and universities;
(7) United States representation at international nongovern-
mental educational, scientific, and technical meetings;
(8) participation by groups and individuals from other coun-
tries in educational, scientific, and technical meetings held under
American auspices in or outside the United States;
(9) encouraging independent research into the problems of edu-
cational and cultural exchange; and
(10) promoting studies, research, instruction, and other educa-
tional activities of citizens and nationals of foreign countries in
American schools, colleges, and universities located in the United
States by making available to citizens and nationals of less de-
veloped friendly foreign countries for exchange for currencies of
their respective countries (other than excess foreign currencies),
at United States embassies, United States dollars in such amounts
as may be necessary to enable such foreign citizens or nationals
who are coming temporarily to the United States as students,
trainees, teachers, instructors, or professors to meet expenses of
the kind described in section 104(e) (1) of this Act.
SEC. 103. (a) The President is authorized to enter into agreements
with foreign governments and international organizations, in further-
ance of the purposes of this Act. In such agrements the President is
authorized, when he deems it in the public interest, to seek the agree-
ment of the other governments concerned to cooperate and assist, in-
cluding making use of funds placed in special accounts pursuant to
agreements concluded in accordance with section 115(b) (6) of the
Economic Cooperation Act of 1948, or any similar agreements, in pro-
viding for the activities authorized in section 102, and particularly
those authorized in subsection 102 (a) (1), of this Act with respect to
the expenses of international transportation of their own citizens and
nationals and of activities in furtherance of the purposes of this Act
carried on within the borders of such other nations.
(b) Such agreements may also provide for the creation or continua-
tion of binational or multinational educational and cultural founda-
PAGENO="0576"
566
tions and commissions for the purpose of administering programs in
furtherance of the purposes of this Act.
(c) In such agreements with international organizations, the Presi-
dent may provide for equitable United States participation in and
support for, including a reasonable share of the cost of, educational
and cultural programs to be administered by such organizations.
SEa. 104(a) The President may delegate, to such officers of the
Government as he determines to be appropriate, any of the powers
conferred upon him by this Act to the extent that he finds such dele-
gation to be in the interest of the purposes expressed in this Act and
the efficient administration of the programs undertaken pursuant to
this Act: Provided, That where the President has delegated any of
such powers to any officer, before the President implements any pro-
posal for the delegation of any of such powers to another officer, that
proposal shall be submitted to the Speaker of the House of Repre-
sentatives and to the Committee on Foreign Relations of the Senate,
and thereafter a period of not less than sixty days shall have elapsed
while Congress is in session. In computing such sixty days, there shall
be excluded the days on which either House is not in session because
of an adjournment of more than three days.
(b) The President is authorized to employ such other personnel
as he deems necessary to carry out the provisions and purposes of this
Act, and of such personnel not to exceed ten may be compensated with-
out regard to the provisions of the Classification Act of 1949, as
amended, and of these not to exceed five may be compensated at a rate
in excess of the highest rate of grade 18 of the gmeral schedule estab-
lished by such Act. Such positions shall be in addition to the number
authorized by section 505 of the Classification Act of 1949, as amended.
(c) For the purpose of performing functions under this Act outside
the United States, including participation in binational or multi-
national foundations or commissions, the Secretary of State may em-
ploy or assign or authorize the employment or assignment for the
duration of operations under this Act of persons in or to the Foreign
Service Reserve or Foreign Service Staff and alien clerks and employ-
ees in accordance with applicable provisions of the Foreign Service
Act of 1946, as amended (22 U.S.C. 801).
(d) For the purpose of performing functions under this Act outside
the United States, the President is authorized to provide that any
person employed or assigned by a United States Government agency
shall be entitled, except to the extent that the President may specify
otherwise in cases in which the period of employment or assignment
exceeds thirty months, to the same benefits as are provided by section
528 of the Foreign Service Act of 1946~ as amended (22 U.S.C. 928).
for persons appointed to the Foreign Service Reserve and. except for
policymaking officials, the provisions of section 1005 of the Foreigii
Service Act of 1949, as amended (22 U.S.C. 807), shall apply in the
case of such persons. .
(e) (1) In providing for the activities and interchanges anti orized
by section 102 of this Act, grants may be made to or for individuals,
either directly or through foundations or educational or other institu-
tions, which foundations or institutions are public or private nonprofit.
and may include funds for tuition and other necessary incidental
expenses, for travel expenses from their places of residence and return
PAGENO="0577"
567
for themselves, and, whenever it would further the purposes of this
Act, for the dependent members of their immediate families, for health
and accident insurance premiums, emergency medical expenses, costs
of preparing and transporting to their former homes the remains of
any of such persons who may die while away from their homes as
participants or dependents of participants in any program under this
Act, and for per diem in lieu of subsistence at rates prescribed by the
President, for all such persons, and for such other expenses as are
necessary for the successful accomplishment of the purposes of this
Act.
(2) Funds available for programs under this Act may be used (i)
to provide for orientation courses, language training, or other appro-
priate services and materialsfor persons traveling out of the countries
of their residence for educational and cultural purposes which further
the purposes of this Act, whether or not they are receiving other finan-
cial support from the Government, and (ii) to provide or continue
services to increase the effectiveness of such programs following the
return of such persons to the countries of their residence.
(3) For the purpose of assisting foreign students in making the
best use of their opportunities while attending colleges and universi-
ties in the United States, and assisting such students in directing their
talents and initiative into channels which will make them more effec-
tive leaders upon return to their native lands, the President may make
suitable arrangements, by contract or otherwise, for the establishment
and maintenance at colleges and universities in the United States
attended by foreign students of an adequate counseling service.
(4) The President is authorized to provide for publicity and promo-
tion (including representation) abroad of activities of the type pro-
vided for in this Act.
(f) All persons employed or assigned to duties under this Act shall
be investigated with respect to loyalty and suitability in accordance
with standards and procedures established by the President.
(g) (1) For the purpose of performing functions authorized by sec-
tion 102(b) (10) of this Act, the President is authorized to establish
the exchange rates at which all foreign currencies may be acquired
through operations under such section, and shall issue regulations
binding upon all embassies with respect to the exchange rates to be
applicable in each of the respective countries where currency ex-
changes are authorized under such section.
(2) Tn performing the functions authorized under section 102(b)
(10) of this Act, the President shall make suitable arrangements for
protecting the interests of the United States Government in connec-
tion with the ownership, use, and disposition of all foreign currencies
acquired pursuant to exchanges made under such section.
(3) The total amount of United States dollars acquired by any
individual through currency exchanges under the authority of sec-
tion 102(b) (10) of this Act shall in no event exceed $3,000 during any
academic year.
(4) An individual shall be eligible to exchange foreign currency
for United States dollars at United States embassies under section
102(b) (10) of this Act only if he gives satisfactory assurances that
(A) he will devote essentially full time to his proposed educational
44-078 0 - 75 - 37
PAGENO="0578"
568
activity in the United States and will maintain good standing in
relation to such program; (B) he will return to the country of his
citizenship or nationality prior to coming to the United btates and
will render such public service as is determined acceptable for a period
of time determined reasonable and necessary by the government of
such country; and (C) he will not apply for an immigrant visa or
for permanent residence or for a nonimmigrant visa under the Immi-
gration and Nationality Act after having received any benefits under
such section for a period of time equal to the period of study, research,
instruction, or other educational activity lie performed pursuant to
such section.
(5) As used in section 102(b) (10) of this Act*~ the term "excess
foreign currencies" means foreign currencies, which if acquired by the
United States (A) would be in excess of the normal requirements of
departments, agencies, and embassies of the United States for such
currencies, as determined by the President, and (B) would be avail-
able for the use of the United States Government under applicable
agreements with the foreign country concerned.
SEc. 105. (a) Appropriations to carry out the purposes of this Act
to remain available until expended, are hereby authorized, and this
authorization includes the authority to grant, in any appropriation
Act, the authority to enter into contracts, within the amounts so
authorized, creating obligations in advance of appropriations.
(b) Funds appropriated for programs under this Act may, without
regard to section 3651 of the Revised Statutes (31 U.S.C. 543), be
used for the acquisition from any source of foreign currencies in such
amounts as may be necessary for current expenditures and for grants,
including grants to foundations and commissions in accordance with
international agreements providing for the accomplishment of the
purposes of this Act.
(c) Moneys appropriated to any department or agency of the Gov-
ernment in furtherance of the purposes of this Act for research, tech-
nical aid, and educational and cultural programs, may be transferred
by the President to any other appropriation available for like pur-
poses, but no appropriation authorized by this Act shall be increased
or decreased by more than 10 per centum by reason of transfers pur-
suant to this paragraph.
(d) The President is authorized-
(1) to reserve in such amounts and for such periods as he shall
determine to be necessary to provide for the programs authorized
by subsections 102 (a) (1) and 102(a) (2) (i), and
(2) not withstanding the provisions of any other law, to use in
such amounts as may from time to time be specified in appropria-
tion Acts. to the extent that such use is not restricted by agreement
with the foreign nations concerned, for any programs authorized
by this Act,
any currencies of foreign nations received or to be received by the
I Tnited States or any agency thereof-
(i) under agreements disposing of surplus property or settling
lend-lease and other war accounts concluded after World War II;
(ii) as the proceeds of sales or loan repayments~ including inter-
~t, fQr t~n~tion~ heretofore or hereafter effected under the
PAGENO="0579"
569
Agricultural Trade Development and Assistance Act of 1954, as
amended;
(iii) in repayment of principal or interest on any other credit
extended or loan heretofore or hereafter made by the United
States or any agency thereof; or
(iv) as deposits to the account of the United States pursuant to
section 115 (b) (6) or section 115 (h) of the Economic Cooperation
Act of 1948, as amended, or any similar provision of any other law.
(e) The President is further authorized to reserve and use for edu-
cational and cultural exchange programs and other activities author-
ized in subsections 102(a) and (b) of this Act, in relation to Finland
and the people of Finland, all sums due or paid on and after August 24,
1949, by the Republic of Finland to the United States as interest on or
in retirement of the principal of the debt incurred under the Act of
February 25, 1919, as refunded by the agreement dated May 1, 1923,
pursuant to the authority contained in the Act of February 9, 1922, or
of any other indebtedness incurred by that Republic and owing to the
United States as a result of World War I.
(f) Foreign governments, international organizations and private
individuals, firms, associations, agencies, and other groups shall be
encouraged to participate to the maximum extent feasible in carrying
out this Act and to make contributions of funds, property, and services
which the President is hereby authorized to accept, to be utilized to
carry out the purposes of this Act. Funds made available for the
purposes of this Act may be used to contribute toward meeting the
expenses of activities carried out through normal private channels,
by private means, and through foreign governments and international
organizations.
(g) Notwithstanding any other provision of this Act, there are
authorized to be appropriated for the purposes of making currency
exchanges under section 102(b) (10) of this Act, not to exceed $10,-
000,000 for the fiscal year ending June 30, 1968, and not to exceed
$15,000,000 for the fiscal year ending June 30. 1969.
SEc. 106. (a) (1) For the purpose of selecting students, scholars,
teachers, trainees, and other persons to participate in the programs
authorized under section 102(a) (1) of this Act, and of supervising
such programs and the programs authorized under section 102 (b)
(4) and (6), there is hereby continued the authority of the President
to appoint a Board of Foreign Scholarships (hereinafter referred to
as the "Board") consisting of twelve members. In connection with
appointments to such Board, due consideration shall be given to the
selection of distinguished representatives of cultural, educational,
student advisory, and war veterans groups, and representatives of
the United States Office of Education, the United States Veterans'
Administration, public and private nonprofit educational institutions.
(2) In the selection of American citizens for participation in pro-
grams under this Act, preference shall be given to those who have
served in the Armed Forces of the United States, and due considera-
tion shall be given to applicants from all geographical areas of the
United States.
(b) (1) The United States Advisory Commission on International
Education and Cultural Affairs (hereinafter referred to as the
PAGENO="0580"
570
"Commission") is hereby established to replace the United States
Advisory Commission on Educational Exchange. The Commission
shall formulate and recommend to the President policies for exercising
his authority under this Act and shall appraise the effectiveness of
programs carried out pursuant to it.. The Commission shall make a
special study of the effectiveness of past programs with emphasis on
the activities of a reasonably representative cross section of past re-
cipients of aid and shall submit a report to the Congress not later
than December 31, 1962.
(2) The Commission shall consist of nine members, who shall be
appointed by the President, by and with the advice and consent of
the Senate. Members of the Commission shall be appointed on a non-
partisan basis.
(3) The members of the Commission shall represent the public in-
terest and shall be selected from a cross section of educationaL cultural,
scientific technical and public service backgrounds.
(4) The term of each member shall be three years except that, of
the first nine appointments, three shall be for a term of one year and
three shall be for a term of two years. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which
his predecessor is appointed shall be appointed for the remainder of
such term. Upon the expiration of his term of office any member may
continue to serve until his successor is appointed and has qualified.
(5) The President shall designate a Chairman from among mem-
bers of the Commission.
(6) The Commission is authorized to adopt. such rules and regu-
lations as it may deem necessary to carry out the authority conferred
upon it by this Act.
(c) (1) There is hereby continued the Advisory Committee on the
Arts (hereinafter referred to as the "Committee") created under
section 10 of the International Cultural Exchange and Trade Fair
Participation Act of 1956, consisting of a Chairman and nine other
members of whom at least one shall be a member of the Commission.
Appointment of all members and selection of the Chairman of this
Committee shall hereafter be made by the Secretary of State. In mak-
ing such appointments due consideration shall be given to the recom-
mendations for nomination submitted by leading national organiza-
tions in the major art fields.
(2) The members of the Committee shall be individuals whose
knowledge of or experience in, or whose profound interest in, one or
more of the arts will enable them to assist the Commission, the Presi-
dent, and other officers of the Government in performing the functions
described in paragraph (3) of this subsection.
(3) The Committee shall, in connection with activities authorized
under subsection 102 (a) (2) of this Act-
(A) advise and assist the Commission in the discharge of its
responsibilities in the field of international educational exchange
and cultural presentations with special reference to the role of the
arts in such fields;
(B) advise other interested officers of the Government in the
discharge of their responsibilities in connection with such activi-
ties and in connection with other international activities concerned
with the arts;
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51
(C) provide such other advice and assistance as may be neces-
sary or appropriate.
(4) The term of office of each of the members of the Committee
shall be three years.
(d) The Presideint is authorized to create such interagency and
other advisory committees as in his judgment may be of assistance
in carrying out the purposes of this Act, and from time to time to
convene conferences of persons interested in educational and cultural
affairs to consider matters relating to the purposes of this Act.
(e) The provisions of section 214 of the Act of May 3, 1945 (59
Stat. 134; 31 U.S.C. 691), shall be applicable to any interagency
committee created pursuant to the provisions of this Act. Members
of the Board, the Commission, the Committee, and other committees
provided for in this section shall be entitled (i) to transportation
expenses and per diem in lieu of subsistence at the rate prescribed
by or established pursuant to section 5 of the Administrative Expense
Act of 1946, as amended (5 U.S.C. 73b-2), while away from home
in connection with attendance at meetings or in consultation with
officials of the Government or otherwise carrying out duties as author-
ized, and (ii) if not otherwise in the employ of the United States
Government, to compensation at rates not in excess of $50 per diem
while performing services for such Board, Commission, Committee, or
other committee.
(f) The President is authorized to provide for necessary secretarial
and staff assistance for the Board, the Commission, the Committee, and
such other committees as may be created under this section.
SEC. 107. The Board, the Commission, and the Committee shall sub-
mit annual reports to the Congress and such other reports to the Con-
gress as they deem appropriate, and shall make reports to the public in
the United States and abroad to develop a better understanding of and
support for the programs authorized by this Act.
SEC. 108. (a) Whenever the President determines it to be in further-
ance of this Act, the function authorized in section 102(a) (2) and (3)
may be performed without regard to such provisions of law or limita-
tions of authority regulating or relating to the making, performance,
amendment, or modification of contracts, the acquisition and disposi-
tion of property, and the expenditure of Government funds, as he may
specify.
(b) The President shall submit annual reports to the Congress of
activities carried on and expenditures made in furtherance of the
purposes of this Act. Each such report shall include the texts of agree-
ments made with other nations during the period covered by the report,
a full description of the program and the funds expended with respect
to each country in which activities have been carried on in furtherance
of the purposes of this Act.
(c) In connection with activities authorized by section 102(a) (2)
and (3) of this Act, the President is authorized to provide for all
necessary expenditures involved in the selection, purchase, rental, con-
struction, or other acquisition, of exhibits and materials and equipment
therefor, and the actual display thereof, including but not limited
to costs of transportation, insurance, installation, safekeeping and
storage, maintenance and operation, rental of space, and dismantling.
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(d) The President is authorized to utilize the provisions of title
~tJIJI of the United States Information and Education Exchange
Act of 1948, as amended, to the extent he deems necessary in carrying
out the provisions and purposes of this Act.
* * * *
(22 U.S.C. 2451-2458) Enacted Sept. 21, 1961. P.L. 87-256, 75 Stat. 527;
amended Aug. 1, 1962, P.L. 87-565, 76 Stat. 263; amended Oct. 29. 1966. P.L.
89-698, Title II, sec. 203, 80 Stat. 1071.
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FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART I-ACT FOR INTERNATIONAL DEVELOPMENT
OF 1961
* * * * * * *
SEC. 101. STATEMENT OF POLICY. * * *
The Congress further declares that in the administration of
programs of assistance under this chapter, the highest practicable
emphasis should be given to: programs providing for loans or loan
guarantees for use by institutions and organizations in making repay-
able low-interest rate loans to individuals in friendly foreign countries
for * * * financing the opportunity for individuals to obtain practi-
cal education in vocational and occupational skills * *
Title TI-Development Grants and Technical Cooperation
SEC. 211. GENERAL ATJTHORITY.-(a) The President is authorized
to furnish assistance on such terms and conditions as he may determine
in order to promote the economic development of less developed
friendly countries and areas, with emphasis upon assisting the develop-
ment of human resources through such means as programs of tech-
nical cooperation and development. In so doing, the President shall
take into account (1) whether the activity gives reasonable promise of
contributing to the development of educational or other institutions
and programs directed toward social progress, (2) the consistency of
the activity with, and its relationship to, other development activities
being undertaken or planned, and its contribution to realizable long-
range development objectives, (3) the economic and technical sound-
ness of the activity to be financed * *
(b) In countries and areas which are in the earlier stages of eco-
nomic development, programs of development of education and human
resources through such means as technical cooperation shall be em-
phasized, and the furnishing of capital facilities for purposes other
than the development of education and human resources shall be given
a lower priority until the requisite knowledge and skills have been
developed.
* * * * * * S
SEC. 214. AMERICAN SCHOOLS AND HOSPITALS ABR0AD.-(a) The
President is authorized to furnish assistance, on such terms and condi-
tions as he may specify, to schools and libraries outside the United
States founded or sponsored by United States citizens and serving as
study and demonstration centers for ideas and practices of the United
States.
* * * * * * *
(573)
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Part III
* * * * * * *
CHAPTER 2-ADMINISTRATIVE PROVISIONS
SEC. 621. Exr~cIsE or FUNCTIONS.-The President may exercise any
functions conferred upon him by this chapter through such agency or
officer of the United States Government as he shall direct. The head
of any such agency or such officer may from time to time promulgate
such rules and regulations as may be necessary to carry out such func-
tions, and may delegate authority to perform any such functions, in-
cluding, if he shall so specify, the authority successively to redelegate
any of such functions to any of his subordinates. In providing tech-
nical assistance under this chapter, the head of any such agency or
such officer shall utilize, to the fullest extent practicable, goods and
professional and other services from private enterprises on a contract
basis. In such fields as education, health, housing, or agriculture, the
facilities and resources of other Federal agencies shall be utilized
when such facilities are particularly or uniquely suitable for technical
assistance, are not competitive with private enterprise, and can be
made available without interfering unduly with domestic programs.
* * * * * * *
(22 U.S.C. 2151 et. seq.) Enacted Sept. 4, 1901, P.L. 87-195, 75 Stat. 424;
amended Aug. 1962, P.L. 87-567, 76 Stat. 255; Dec. 16, 1963, P.L. 88-205, 77
Stat. 379; Oct. 7, 1964, P.L. 88-633, 78 Stat. 1009; Sept. 6, 1965, P.L. 89-171,
79 Stat. 653.
THE IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I-GENERAL
DEFINITIONS
SEC. 101. (a) As used in this Act-
* * * * * * *
(15) The term "immigrant" means every alien except an alien who
is within one of the following classes of nonimmigrant aliens-
* * * * * * *
(F) (i) an alien having a residence in a foreign country which
he has no intention of abandoning, who is a bona fide student
qualified to pursue a full course of study and who seeks to enter
the United States temporarily and solely for the purpose of
pursuing such a course of study at an established institution of
learning or other recognized place of study in the United States,
particularly designated by him and approved by the Attorney
(575)
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576
General after consultation with the Office of Education of the
United States, which institution or place of study shall have
agreed to report to the Attorney General the termination of at-
tendance of each nonimmigrant student, and if any such institu-
tion of learning or place of study fails to make reports promptly
the approval shall be withdrawn, and (ii) the alien spouse and
minor children of any such alien if accompanying him or following
to join him;
* * * * * * *
(J) an alien having a residence in a foreign country which he
has no intention of abandoning who is a bona fide student, scholar,
trainee, teacher, professor, research assistant, specialist, or leader
in a field of specialized knowledge or skill, or other person of
similar description, who is coming temporarily to the United
States as a participant in a program designated by the Secretary
of State, for the purpose of teaching, instructing or lecturing,
studying, observing, conducting research, consulting, demonstrat-
ing special skills, or receiving training, and the alien spouse and
minor children of any such alien if accompanying him or follow-
ing to join him.
* * * * * * *
TITLE TI-IMMIGRATION
* * * * * *
SEC. 212. * * *
(e) No person admitted under section 101 (a) (15) (J) or acquiring
such status after admission shall be eligible to apply for an immigrant
visa, or for permanent residence, or for a nonimmigrant visa under
section 101 (a) (15) (H) until it is established that such person has re-
sided and been physically present in the country of his nationality or
his last residence, or in another foreign country for an aggregate of at
least two years following departure from the United States: Pro-
vided, That such residence in another foreign country shall be con-
sidered to have satisfied the requirements of this subsection if the Sec-
retary of State determines that it has served the purpose and the intent
of the Mutual Educationa.l and Cultural Exchange Act of 1961: Pro-
vided fvrther, That upon the favorable recommcndation of the Secre-
tary of State, pursuant to the request of an interested United States
Government agency, or of the Commissioner of Immigration and
Naturalization after he has determined that departure from the
United States would impose exceptional hardship upon the alien's
spouse or child (if such spouse or child is a citizen of the United States
or a lawfully resident alien), the Attorney General may waive the
requirement of such two-year foreign residence abroad in the case of
any alien whose admission to the United States is found by the At-
torney General to be in the public interest: And provided further,
That the provisions of this paragraph shall apply also to those per-
sons who acquired exchange visitor status under the United States
Information and Educational Exchange Act of 1948, as amended.
* * * * *
(8 U.S.C. 1101, et seq.) Enacted June 27, 1952, P.L. 414, 82nd Cong., 66 Stat.
166; amended Sept. 21, 1961, P.L. 87-256, 75 Stat. 527; amended Oct. 3, 1965;
I'.L. 89-236, 79 Stat. 922.
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5t77
MIGRATION AND REFUGEE ASSISTANCE ACT OF 1962
AN ACT To enable the United States to participate in the assistance rendered to
certain migrants and refugees
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assentbled, That this Act may
be cited as the "Migration and Refugee Assistance Act of 1962".
SEC. 2. (a) The President is hereby authorized to continue mem-
bership for the United States in the Intergovernmental Committee for
European Migration in accordance with its constitution approved in
Venice, Italy, on October 19, 1953. For the purpose of assisting in
the movement of refugees and migrants and to enhance the economic
progress of the developing countries by providing for a coordinated
supply of selected manpower, there are hereby authorized to be appro-
priated such amounts as may be necessary from time to time for the
payment by the United States of its contributions to the Committee
and all necessary salaries and expenses incident to United States par-
ticipation in the Committee.
(b) There are hereby authorized to be appropriated such amounts
as may be necessary from time to time-
(1) for contributions to the activities of the United Nations
High Commissioner for Refugees for assistance to refugees under
his mandate or in behalf of whom he is exercising his good offices;
(2) for assistance to or in behalf of refugees designated by
the President (by class, group, or designation of their respective
countries of origin or areas of residence) when the President de-
termines that such assistance will contribute to the defense, or to
the Security, or to the foreign policy interests of the United
States;
(3) for assistance to or in behalf of refugees in the United
States whenever the President shall determine that such assistance
would be in the interest of the United States: Provided, That
the term "refugees" as herein used means aliens who (A) because
of persecution or fear of persecution on account of race, religion,
or political opinion, fled from a nation or area of the Western
Hemisphere; (B) cannot return thereto because of fear of perse-
cution on account of race, religion, or political opinion; and (C)
are in urgent need of assistance for the essentials of life;
(4) for assistance to State or local public agencies providing
services for substantial numbers of individuals who meet the re-
quirements of subparagraph (3) (other than clause (C) thereof)
for (A) health services and educational services to such indi-
viduals, and (B) special training for employment and services
related thereto;
(5) for transportation to, and resettlement in, other areas of
the United States of individuals who meet the requirements of
subparagraphs (3) (other than clause (C) thereof) and who, hav-
ing regard for their income and other resources, need assistance
in obtaining such services; and
(6) for establishment and maintenance of projects for employ-
ment or refresher professional training of individuals who meet
the reauirements of subparagraph (3' (other than clause (C)
thereof), and, who, having regard for their income and resources,
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578
need such employment or need assistance in obtaining such re-
training.
(c) Whenever the President determines it to be important to the
national interest, not exceeding $10,000,000 in any fiscal year of the
funds made available for use under the Foreign Assistance Act of
1961, as amended, may be transferred to, and consolidated with, funds
made available for this Act in order to meet unexpected urgent refugee
and mi~rration needs.
(d) The President shall keep the appropriate committees of Con-
gress currently informed of the use of funds and the exercise of func-
tions authorized in this Act.
(e) Unexpended balances of funds made available under authority
of the Mutual Security Act of 1954, as amended, and of the Foreign
Assistance Act of 1961, as amended, and allocated or transferred for
the purposes of sections 405(a), 405(c), 405(d) and 451 (c) of the
Mutual Security Act of 1954, as amended, are hereby authorized to be
continued available for the purposes of this section and may be con-
solidated with appropriations authorized by this section. Funds ap-
propriated for the purposes of this section shall remain availaNe until
expended.
SEc. 3. (a) In carrying out the purpose of this Act, the President
is authorized-
(1) to make loans, advances, and grants to. make and perform
agreements and contracts with, or enter into other transactions
with, any individual, corporation, or other body of persons, gov-
ernment or government agency, whether within nr without the
United States, and international and intergovernmental orga-
nizations;
(2~ to accept and use moneys funds, property, and services of
any kind made available by gift, devise., bequest, grant, or other-
wise for such purposes.
(b) Whenever the President determines is to be in furtherance of
the purposes of this Act, the functions authorized under this Act may
be performed without regard to such provisions of law (other than
the Renegotiation Act of 1951 (65 Stat. 7), as amended, regulating
the making, performance, amendmentS or modification of contracts
and the expenditure of funds of the United States Government as the
President may specify.
SEc. 4. (a) (1) The President is authorized to designate the head
of any department or agency of the United States Governrnent~ or
any official thereof who is required to be appointed by the President
by and with the advice and consent of the Senate. to perform any
functions conferred upon the President by this Act. If the President
shall so specify, any individual so designated under this subsection is
authorized to redelegate to any of his subordinates any functions
authorized to be performed by him under this subsection, except the
function of exercising the waived authority specified in section 3(b)
of this Act.
(2) Section 104(b) of the Immigration and Nationality Act (8
U.S.C. 1104(b)), is amended by inserting after the first sentence the
following: "He shall be appointed by the President by and with the
advice and consent of the Senate.".
(b) The President may allocate or transfer to any agency of the
United States Government any part of any funds available for carry-
PAGENO="0589"
579
ing out the purposes of this Act. Such funds shall be available for
obligation and expenditures for the purposes for which authorized in
accordance with authority granted in this Act or under authority
governing the activities of the agencies of the United States Govern-
ment to which such funds are allocated or transferred. Funds allo-
cated or transferred pursuant to this subsection to any such agency
may be established in separate appropriation accounts on the books
of the Treasury.
SEC. 5. (a) Funds made available for the purposes of this Act
shall be available for-
(1) compensation, allowances, and travel of personnel, includ-
ing Foreign Service personnel whose services are utilized pri-
marily for the purpose of this Act, and without regard to the
provisions of any other law, for printing and binding, and for
expenditures outside the United States for the procurement of
supplies and services and for other administrative and operating
purposes (other than compensation of personnel) without regard
to such laws and regulations governing the obligation and ex-
penditure of Government funds as may be necessary to accom-
plish the purposes of this Act;
(2) employment or assignment of Foreign Service Reserve
officers for the duration of operations under this Act;
(3) exchange of funds without regard to section 3651 of the
Revised Statutes (31 U.S.C. 543), and loss by exchanges;
(4) expenses authorized by the Foreign Services Act of 1946,
as amended (22 U.S.C. 801 et seq.), not otherwise provided for;
(5) expenses authorized by the Act of August 1, 1956 (70 Stat.
890-892), as amended; and
(6) all other expenses determined by the President to be neces-
sary to carry out the purposes of this Act.
(b) Except as may ~be expressly provided to the contrary in this
Act, all determinations, authorizations, regulations, orders, contracts,
agreements and other actions issued, undertaken, or entered into under
authority of any provision of law repealed by this Act, shall continue
in full force and effect until modified, revoked, or superseded under
the authority of this Act.
SEC. 6. Subsections (a), (c) and (d) of section 405 of the Mutual
Security Act of 1954, as amended, subsection (c) of section 451 of the
said Act, and the last sentence of section 2(a) of the Act of July 14,
1960 (74 Stat. 504), are hereby repealed.
SEC. 7. Until the enactment of legislation appropriating funds for
activities under this Act, such activities may be conducted with funds
made available under section 451 (a) of the Foreign Assistance Act of
1961, as amended.
(22 U.S.C. 2601)~ Enacted June 28, 1962, P.L. 87-510, 76 Stat. 121.
PARTICIPATION IN UNESCO
JOINT RESOLUTION Providing for membership and participation by the
United States in the United Nations Educational, Scientific, and Cultural
Organization, and authorizing an appropriation therefor
Re8olved by the Senate and Honse of Representatives of the United
States of America in Congress assembled, That the President is
PAGENO="0590"
580
hereby authorized to accept membership for the United States in the
United Nations Educational, Scientific, and Cultural Organization
(hereinafter referred to as the "Organization"), the constitution of
which was approved in London on November 16, 1945. by the United
Nations Conference for the establishment of an Education. Scientific
and Cultural Organization, and deposited in the Archives of the Gov-
ernment of the United Kingdom.
SEC. 2. The President by and with th~.. consent of the Senate shall
designate from time to time to attend a specified session or specified
sessions of the General Conference of the Organization not to exceed
five representatives of the United States and such number of alter-
nates not to exceed five as he may determine consistent with the rules
of procedure of the General Conference: Provided, however, That each
such representative and each such alternate must be an American
citizen. One of the representatives shall be designated as the senior
representative. Such representatives and alternatives shall each be en-
titled to receive compensation at such rates, provided for Foreign
Service officers in the schedule contained in section 867 of this title,
as the President may determine, for such periods as the President
may specifly, except that no Member of the Senate or House of Rep-
resentatives or officer of the United States who is designated under
this section as a representative of the United States or as an alternate
to attend any specified session or specified sessions of the General
Conference shall be entitled to receive such compensation. Whenever
a representative of the United States is elected by the Genera.l Con-
ference to serve on the Executive Board, or is elected President of the
General Conference and thus becomes an ex officio adviser to the
Executive Board, under provision of article V of the constitution of
the Organization, the President may extend the above provisions for
compensation to such representative during periods of service in con-
nection with the Executive Board.
SEC. 3. In fulfillment of article VII of the constitution of the Orga-
nization, the Secretary of State shall cause to be organized a National
Commission on Educational, Scientific, and Cultural Corporation 1
of not to exceed one hundred members. Such Commission shall be
appointed by the Secretary of State and shall consist of (a) not
more than sixty representatives of principal national, voluntary
organizations interested in educational, scientific, and cultural matters;
and (b) not more than forty outstanding persons selected by the Sec-
retary of State, including not more than ten persons holding office
under or employed by the Government of the United States, not more
than fifteen representatives of the educational, scientific, and cultural
interests of State and local governments, and not more than fifteen
persons chosen at large. The Secretary of State is authorized to name
in the first instance fifty of the principal national voluntary organi-
zations, each of which shall be invited to designate one representative
for appointment to the National Commission. Thereafter, the Na-
tional Commission shall periodically review and, if deemed advisable,
revise the list of such organizations designating representatives in
order to achieve a desirable rotation among organizations represented.
To constitute the initial Commission, one-third of the members shall
1 So in original with U.s.C. Annotated stating "Probably should read `Cooperation.'"
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581
be appointed to serve for a term of one year, one-third for a term of
two years, and one-third of the remainder thereof for a term of three
years; from thence on following, all members shall be appointed for
a term of three years each, but no member shall serve more than two
consecutive terms. The National Commission shall meet at least once
annually. The National Commission shall designate from among its
members an executive committee, and may designate such other com-
mittees as may prove necessary, to consult with the Department of
State and to perform such other functions as the National Commission
shall delegate to them. No member of the National Commission shall
be allowed any salary or other compensation for services: Provided,
however, That he may be paid transportation and other expenses as
authorized by section 73b-2 of title 5. The Department of State is au-
thorized to provide the necessary secretariat for the Commission.
SEC. 4. That each such member of the National Commission must be
an American citizen.
SEC. 5. The National Commission shall call general conferences for
the discussion of matters relating to the activities of the Organization,
to which conferences organized bodies actively interested in such mat-
ters shall be invited to send representatives: Provided, however, That
the travel and maintenance of such representation shall be without
expense to the Government. Such general conferences shall be held
annually or biennially, as the National Commission may determine,
and in such places as it may designate. They shall be attended so far
as possible by the members of the National Commission and by the
delegates of the United States to the General Conference of the Orga-
nization. The National Commission is further authorized to call
special conferences of experts for the consideration of specific matters
relating to the Organization by persons of specialized competences.
The Department of State may pay their transportation and other ex-
penses as authorized by section 73b-2 of title 5, for the period of
actual attendance and of necessary travel. The National Commission is
further authorized to receive and accept services and gifts or bequests
of money or materials to carry out any of the educational, scientific, or
cultural purposes of the National Commission as set forth in this Act
and in the constitution of the Organization. Any money so received
shall be held by the Secretary of State and shall be subject to disburse-
ment through the disbursement facilities of the Treasury Department
as the terms of the gift or bequest may require and shall remain avail-
able for expenditure by grant or otherwise until expended: Provided,
That no such gift or bequest may be accepted or disbursed if the terms
thereof are inconsistent with the purposes of the National Commis-
sion as set forth in this Act and in the constitution of the Organization.
In no event shall the National Commission accept gifts or bequests in
excess of $200,000 in the aggregate in any one year. Gifts or bequests
provided for herein shall, for the purpose of Federal income, estate,
and gift taxes, be deemed to be a gift to or for the United States. The
National Commission and Secretary of State shall submit to Congress
annual reports of receipts and expenditures of funds and bequests
received and disbursed pursuant to the provisions of this section.
SEC. 6. There is hereby authorized to be appropriated annually to
the Department of State, out of any money in the Treasury not other-
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582
wise appropriated, such sums as may be necessary for the payment by
the United States of its share of the expenses of the Organization as
apportioned by the General Conference of the Organization in accord-
ance with article IX of the constitution of the Organization, and such
additional sums as may be necessary to pay the expenses of participa-
tion by the United States in the activities of the Organization, includ-
ing: (a) salaries of the representatives provided for in section 2 hereof,
of their appropriate staffs, and of members of the secretariat of the
National Commission provided for in section 3 hereof, including per-
sonal services in the District of Columbia and elsewhere, without re-
gard to the civil-service laws and the Classification Act of 1949, as
amended; (b) travel expenses without regard to the Standardized
Government Travel Regulations, as amended, the Subsistence Expense
Act of 1926, as amended, and section 73b of Title 5, and, under such
rules and regulations as the Secretary of State may prescribe, travel
expenses of families and transportation of effects of United States
representatives and other personnel in going to and returning from
their post of duty; (c) allowances for living quarters, including heat,
fuel, and light, as authorized by section 118a of tit'te 5; (d) cost of
living allowances under such rules and regualtions as the Secretary of
State may prescribe, including allowances to persons temporarily sta-
tioned abroad; (e) communication services; (f) stenographic report-
ing, translating, and other services, by contract, if deemed necessary
without regard to section 3709 of the Revised Statutes (U.S.C., title 41,
sec. 5); (g) local transportation; (h) equipment; (i) transportation
of things; (j) rent of offices; (k) printing and binding without regard
to section 11 of the Act of March 1, 1919 (U.S.C., title 44, sec. 111),
and section 3709 of the Revised Statutes (U.S.C.. title 41. sec. 5); (1)
official entertainment; (m) stationery; (n) purchase of newspapers,
periodicals, books, and documents; and (o) such other expenses as may
be authorized by the Secretary of State.
SEC. 7. Unless Congress by law authorizes such action. neither the
President nor any person or agency shall on behalf of the United
States approve any amendment under article XIII of the constitution
of the Organization involving any new obligation for the United
States.
SEC. 8. Tn adopting this joint resolution, it is the understanding of
the Congress that the constitution of the Organization does not require,
nor does this resolution authorize, the disclosure of any information or
acknowledge in any case in which such disclosure is prohibited by any
law of the United States.
(22 U.S.C. 287m-287t) Eiiacted July 30, 1946, P.L. 565, 79th Cong., 60 Stat. 712;
amended Oct. 10, 1940, P.L. 341, 81st Cong., 63 Stat. 734; amended July 31, 1956,
P.L. 854, 84th Cong., 70 Stat. 736; amended June 30, 1958, P.L. 85-477, 72 Stat.
271; amended Aug. 14, 1961, P.L. 87-139, 75 Stat. 341.
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PART IX-EDUCATION AND TRAINING OF ADULTS
Adult Education
ELEMENTARY AND SECONDARY EDUCATION
AMENDMENTS OF 1966
(P.L. 89-750)
AN ACT To strengthen and improve programs of assistance for elementary and
secondary schools and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Elementary and Secondary Education Amendments of
1966".
* * * * * * *
TITLE ITT-ADULT EDUCATION
SHORT TITLE
SEC. 301. This title may be cited as the "Adult Education Act".
(20 U.S.C. 1201 note) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 301, 81
Stat. 1216; amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 159.
STATEMENT OF PURPOSE
SEC. 302. It is the purpose of this title to expand educational oppor-
tunity and encourage the establishment of programs of adult public
education that will enable all adults to continue their education to at
least the level of completion of secondary school and make available
the means to secure training that will enable them to become more
employable, productive, and responsible citizens.
(20 U.S.C. 1201) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 302, 80 Stat.
1216; amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 159.
DEFINITIONS
SEC. 303. As used in this title-
(a) The term "adult" means any individual who has attained the
age of sixteen.
(b) The term "adult education" means services or instruction below
the college level (as determined by the Commissioner), for adults
who-
(1) do not have a certificate of graduation from a school pro-
viding secondary education and who have achieved an equiva-
lent level of education, and
(2) are not currently required to be enrolled in schools.
(583)
4-~ 0-75-38
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(c) The term "adult basic education" means adult education for
adults whose inability to speak, read, or write the English language
constitutes a substantial impairment of their ability to get or retam
employment commensurate with their real ability, which is designed
to help eliminate such inability and raise the level of education of such
individuals with a view to making them less likely to become dependent
on others, to improving their ability to benefit from occupational train-
ing and otherwise increasing their opportunities for more productive
and profitable employment, and to making them better able to meet
their adult responsibilities.
(d) The term "Commissioner" means the Conunissioner of
Education.
(e) The term "community school program" is a program in which
a public building, including but not limited to a public elementary or
secondary school or a community or junior college, is used as a com-
munity center operated in conjunction with other groups in the com-
munity, community organizations, and local governmental agencies,
to provide educational, recreational, cultural, and other related com-
munity services for the community that center serves in accordance
with the needs, interests, and concerns of that community.
(f) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of public elementary or
secondary schools in a city, county, township, school district, or other
political subdivision of a State, or such combination of school districts
or counties as are recognized in a State as an administrative agency
for its public elementary or secondary schools, except that, if there
is a separate board or other legally constituted local authority having
administrative control and direction of adult education in public
schools therein, such term means such other~ board or authority.
(g) The term "State" includes the District of Columbia, the Com-
monwealth of Puerto Rico, and (except for the purposes of section
305(a)) Guam, American Samoa, the Trust Territory of the Pacific
Islands, and the Virgin Islands.
(h) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or if
there is a separate State agency or officer primarily responsible for
supervision of adult education in public schools then such agency or
officer may be designated for the purpose of this title by the Governor
or by State law. If no agency or officer qualifies under the preceding
sentence, such term shall mean an appropriate agency or officer desig-
nated for the purposes of this title by the Governor.
(i) The term "academic education" means the theoretical, the lib-
eral, the speculative, and classical subject matter found to compose
the curriculum of the public secondary school.
(j) The term "institution of higher education" means any such in-
stitution as defined by section 801(e) of the Elementary and Second-
ary Education Act of 1965.
(20 U.S.C. 1202) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 303, 80 Stat.
:1216; 4lmended Oct. 16, 1968, P.L. 90-576, Title III, sec. 302, 82 Stat. 1095:
amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 159; amended
Aug. 21, 1974, P.L. 93-380, sec. 601, 88 Stat. 576.
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GRANTS TO STATES FOR ADULT EDUCATION
SEC. 304. (a) (Repealed).
(b) The Commissioner is authorized to make grants to States, which
have State plans approved by him under section 306 for the purposes
of this section, to pay the Federal share of the cost of (1) the estab-
lishment or expansion of adult basic education programs to be carried
out by local educational agencies and private nonprofit agencies, and
(2) the establishment or expansion of adult education programs to
be carried out by local educational agencies and private nonprofit
agencies.
(20 U.S.C. 1203) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 304, 80 Stat.
1217; amended Jan. 2, 1968, P.L. 90-247, Title V, sec. 502(a), 81 Stat. 815;
amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat 160; amended
August 21, 1974, P.L. 93-380, sec. 602, 88 Stat. 576.
ALLOTMENT FOR ADULT EDUCATION
SEC. 305. (a) From the sums available for purposes of section 304
(b) for the fiscal year ending June 30, 19'7~2, and for any succeeding
fiscal year. The Commissioner shall allot (1) not more than 1 per
centum thereof among `Guam, American Samoa, the Trust Territory
of the Pacific Islands, and the Virgin Islands according to their re-
spective needs for assistance under such section, and (2) $150,000 to
each State. From the remainder of such sums he shall allot to each
State an amount which bears the same ratio to such remainder as the
number of adults who do not have a certificate of graduation from a
school providing secondary education (or its equivalent) and who are
not currently required to be enrolled in schools in such State bears to
the number of such adults in all States. From the sums available for
purposes of section 304(b) for the fiscal year ending June 30, 1970,
and the succeeding fiscal year, the Commissioner shall make allot-
ments in accordance with section 305 (a) of the Adult Education Act
of 1966 `as in effect on June 30, 1969.
(b) The portion of any State's allotment under section (a) for
a fiscal year which the Commissioner determines will not be required,
for the period such allotment is available, for carrying out the State
plan approved under this title shall be available for reallotment from
time to time, on such dates during such period as the Commissioner
shall fix, to other States in proportion to the original allotments to
such States under subsection (a) for such year, but with such propor-
tionate amount for any of such other States being reduced to the ex-
tent it exceeds the sum which the Commissioner estimates such State
needs and will be able to use for such period for carrying out its State
plan approved under this title, and the total of such reductions shall
be similarly re.allotted among the States whose proportionate amounts
are not so reduced. Any amount allotted to a State under this sub-
section during a year shall be deemed part of its allotment under sub-
section (a) for such year.
(20 U.S.C. 1204) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 305, 80 Stat.
1217; amended Jan. 2, 1968, P.L. 90-247, Title V, sec. 501, 81 Stat. 815; amended
Apr. 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 160; amended Dec. 30, 1970,
P.L. 91-600, sec. 3(a), 84 Stat. 1669; amended Aug. 21, 1974, P.L. 93-380, see.
843(c) (3), 88 Stat. 611.
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STATE PLANS
SEC. 306. (a) Any State desiring to receive its allotment of Fed-
eral funds for any grant under this title shall submit through its State
educational agency a State plan. Such State plan shall be in such detail
as the Commissioner deems necessary, and shall-
(1) set forth a program for the use of grants, in accordance
with section 304(b), which affords assurance of substantial prog-
ress with respect to all segments of the adult population, includmg
institutionalized persons, and all areas of the State, toward
carrying out the purposes of such section, that not to exceed 20
per centum of the funds used to carry out this Act for any fiscal
year may be used for the education of institutionalized persons;
(2) provide for the administration of such plan by the State
educational agency;
(3) provide for cooperative arrangements between the State
educational agency and the State health authority authorizing the
use of such health information and services for adults as may be
available from such agencies and as may reasonably be necessary
to enable them to benefit from the instruction provided pursuant
to this title;
(4) provide for grants to public and private nonprofit agencies
*for special projects, teacher-training, and research;
(5) provide for cooperation with Community Action pro-
grams, Work Experience programs, VISTA, Work Study, and
other programs relating to the antipoverty effort;
(6) provide for cooperation with manpower development and
training programs and occupational education programs, and for
coordination of programs carried on under this title with other
programs, including reading improvement progra.ms, designed to
provide reading instruction for adults carried on by State and
local agencies;
(7)~ provide that such agency will make available not to exceed
20 per centum of the State's allotment for programs of equiva-
lency for a certificate of graduation from a secondary schoor;
(8) provide that such agency will make such reports to the
Commissioner, in such form and containing such information, as
may reasonably be necessary to enable the Commissioner to per-
form his duties under this title and will keep such records and
afford such access thereto as the Commissioner finds necessary
to assure the correctness and verification of such reports;
(9) provide such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and
accounting for Federal funds paid the State under this title
(including such funds paid by the State to local educational
agencies and private nonprofit agencies);
(10) provide that special emphasis be given to adult basic edu-
cation programs except where such needs can be shown to have
been met in the State;
(11) provide that special assistance be given to the needs of
persons of limited English-speaking ability (as defined in section
703(a) of title VII of the Elementary and Secondary Education
Act of 1965), by providing bilingual adult education programs
in which instruction is given in English and, to the extent neces-
PAGENO="0597"
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sary to allow such persons to progress effectively through the
adult education program, in the native language of such persons,
carried out in coordination with programs of bilingual education
assisted under such title VII and bilingual vocational education
programs under the Vocational Education Act of 1963; and
(12) provide such further information and assurances as the
Commissioner may by regulation require.
(b) The Commissioner shall not finally disapprove any State plan
submitted under this title, or any modification thereof, without first
affording the State educational agency reasonable notice and oppor-
tunity for a hearing.
(20 U.S.C. 1205) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 306, 80 Stat.
1218; amended Jan; 2, 1968, P.L. 90-247, Title V, sec. 502(b), 81 Stat. 815;
amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 101; amended
August 21, 1974, P.L. 93-380, sec. 603, 88 Stat. 576; amended August 21, 1974,
P.L. 93-380, sec. 607(a), 88 Stat. 578.
PAYMENTS
SEC. 307. (a) Except as provided in subsection (b), the Federal
share of expenditures to carry out a State plan shall be paid from a
State's allotment available for grants to such State. The Federal share
for each State shall be 90 per centuin, except that with respect to the
Trust Territory of the Pacific Islands, such Federal share shall be 100
per centum.
(b) No payment shall be made to any State from its allotment for
any fiscal year unless the Commissioner finds that the amount avail-
able for expenditure by such State for adult education from non-
Federal sources for such year will be not less than the amount ex-
pended for such purposes from such sources during the preceding
fiscal year, but no State shall be required to use its funds to supplant
any portion of the Federal share.
(20 U.S.C. 1206) Enacted Nov. 3, 1966, P.L. 89-750, Title III, 5cc. 307, 80 Stat.
1219, amended Jan. 2, 1968, P.L. 90-247, Title III, sec. 503, 81 Stat. 815; amended
April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 162.
OPERATION OF STATE PLANS; HEARINGS AND JUDICIAL REVIEW
SEC. 308. (a) Whenever the Commissioner, after reasonable notice
and opportunity for hearing to the State educational agency adminis-
tering a State plan approved under this title, finds that-
(1) the State plan has been so changed that it no longer com-
plies with the provisions of section 306, or
(2) in the administration of the plan there is a failure to com-
ply substantially with any such provision,
the Commissioner shall notify such State agency that no further pay-
ments will be made to the State imder this title (or, in his discretion,
that further payments to the State will be limited to programs under
or portions of the State plan not affected by such failure), until he is
satisfied that there will no longer be any failure to comply. Until he
is so satisfied, no further payments may be made to such State under
this title (or payments shall be limited to programs under or portions
of the State plan not affected by such failure).
(b) A State educational agency dissatisfied with a final action of
the Commissioner under section 306 or subsection (a) of this section
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may appeal to the United States court of appeals for the circuit in
which the State is located, by filing a petition with suc.h court within
sixty days after such final action. A copy of the petition shall be forth-
with transmitted by the clerk of the court to the. Commissioner or any
officer designated by him for that purpose.. The. Commissioner there-
upon shall file in the court the record of the proceedings on which he
based his action, as provided in section 2112 of title 28, United States
Code. Upon the filing of such petition, the court shall have jurisdiction
to affirm the action of the Commissioner or to set it aside, in whole or
in part, temporarily or permanently, but until the filing of the record,
the Commissioner may modify or set aside his order. The findings
of the Commissioner as to the facts, if supported by substantial evi-
dence, shall be conclusive, but the court, for good cause shown, may
remand the case to the Commissioner to take further evidence, and the
Commissioner may thereupon make new or modified findings of fact
and may modify his previous action, and shall file in the court the
record of the further proceedings. Such new or modified findings
of fact shall likewise be conclusive if supported by substantial evi-
dence. The judgment of the court affirming or setting aside, in whole
or part, any action of the Commissioner shall be finaL subject to the
review by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United States Code.
The commencement of proceedings under this subsection shall not,
unless so specifically ordered by the court, operate as a stay of the
Commissioner's action.
(20 U.S.C. 1207) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 308, 80 Stat.
1219; amended April 13, 1970, P.L. 91-230, Title III. sec. 301, 84 Stat. 162.
USE OF FUNDS FOR SPECIAL EXPERIMENTAL DEMONSTRATION PROJECTS
AND TEACHER TRAINING
SEC. 309. Of the funds allotted to a State under section 305 for a
fiscal year, not less than 15 per centum shall be used for-
(1) special projects which will be carried out in furtherance
of the purposes of this title, and which-
(A) involve the use of innovative methods, including meth-
ods for educating persons of limited English-speaking ability,
systems, materials, or programs which may have national sig-
nificance or be of special value in promoting effective pro-
grams under this title, or
(B) involve programs of adult education, including educa-
tion for persons of limited English-speaking ability, which
are part of community school programs, carried out in co-
operation with other Federa.l, federally assisted, State, or
local programs which have unusual promise in promoting a
comprehensive or coordinated approach to the problems of
persons with educational deficiencies; and
(2) training persons engaged, or preparing to engage. as per-
sonnel in programs designed to carry out the purposes of this
title.
(20 U.S.C. 1208) Enacted Nov. 3, 1968, P.L. 89-750, Title III, sec. 309, 80 Stat.
1220; amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 163;
amended August 21, 1974, P.L. 93-380, sec. 604, 88 Stat. 577.
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CLEARINGHOUSE ON ADULT EDUCATION
SEC. 309A. The Commissioner shall establish and operate a clear-
inghouse on adult education, which shall collect and disseminate to the
public information pertaining to the education of adults and adult
education programs, together with ways of coordinating adult educa-
tion programs with manpower and other education programs. The
Commissioner is authorized to enter into contracts with public agencies
or private organizations to operate the clearinghouse established or
designated under this section.
(20 U.S.C. 1208-I) Enacted August 21, 1974, P.L. 93-380, sec. 605, 88 Stat. 577.
SPECIAL PROJECTS FOR THE ELDERLY
SEC. 310. (a) The Commissioner is authorized to make grants to
State and local educational agencies or other public or private non-
profit agencies for programs to further the purpose of this Act by
providing educational programs for elderly persons whose ability to
speak and read the English language is limited and who live in an area
with a culture different than their own. Such programs shall be
designed to equip such elderly persons to deal successfully with the
practical problems in their everyday life, including the making of
purchases, meeting their transportation and housing needs, and com-
plying with governmental requirements such as those for obtaining
citizenship, public assistance and social security benefits, and housing.
(b) For the purpose of making grants under this section there are
authorized to be appropriated such sums as may be necessary for the
fiscal year ending June 30, 1973, and each succeeding fiscal year end-
ing prior to July 1, 1975.
(c) In carrying out the program authorized by this section, the
Commissioner shall consult with the Commissioner of the Administra-
tion on Aging for the purpose of coordinating, where practicable, the
programs assisted under this section with the programs assisted under
the Older Americans Act of 1965.
(20 U.S.C. 1208a) Enacted May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat. 59, 60.
STATE ADVISORY COUNCILS
SEC. 310A. (a) Any State which receives assistance under this title
may establish and maintain a State advisory council, or may designate
and maintain an existing State advisory council, which shall be, or has
been, appointed by the Governor or, in the case of a State in which
members of the State board which governs the State education agency
are elected (including election by the State legislature), by such
board.
(b) (1) Such a State advisory council shall include as members
persons who, by reason of experience or training, are knowledgeable
in the field of adult education or who are officials of the State educa-
tional agency or of local educational agencies of that State, persons
who are or have received adult educational services, and persons who
are representative of the general public.
(2) Such a State advisory council, in accordance with regulations
prescribed by the Commissioner, shall-
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(A) advise the State educational agency on the development
of, and policy matters arising in, the administration of the State
plan approval pursuant to section 306;
(B) advise with respect to long-range planning and studies
to evaluate adult education programs, services, and activities
assisted under this Act; and
(C) prepare and submit to the State educational agency, and
to the National Advisory Council for Adult Education estab-
lished pursuant to section 310, an annual report of its recom-
mendations, accompanied by such additional comments of the
State educational agency as that agency deems appropriate.
(c) Upon the appointment of any such advisory council, the
appointing authority under subsection (a) of this section shall inform
the Commissioner of the establishment of, and membership of, its
State advisory council. The Commissioner shall, upon receiving such
information, certify that each such council is in compliance with the
membership requirements set forth in subsection (b) (1) of this
section.
(d) Each such State advisory council shall meet within thirty days
after certification has been accepted by the Commissioner under sub-
section (c) of this section and select from among its membership a
chairman. The time, place, and manner of subsequent meetings shall
be provided by the rules of the State advisory council, except that
such rules shall provide that each such council meet at least four times
each year, including at least one public meeting at which the public
is given the opportunity to express views concerning adult education.
(e) Each such State advisory council is authorized to obtain the
services of such professional, technical, and clerical personnel as may
be necessary to enable them to carry out their functions under this
section.
(20 U.S.C. 1208b) Enacted August 21, 1974, P.L. 93-380, sec. 606, 88 Stat. 577,
578.
NATIONAL ADVISORY COUNCIL ON ADULT EDUCATION
SEC. 311. (a) The President shall appoint a National Advisory
Council on Adult Education (hereinafter in this section referred to
as the "Council").
(b) The Council shall consist of fifteen members who shall, to the
extent possible, include persons knowledgeable in the field of adult
education including education for persons of limited English-speaking
ability in which instruction is given in English and, to the extent neces-
sary to allow such persons to progress effectively through the adult
education program, in the native language of such persons, State and
local public school officials, and other persons having special knowl-
edge and experience, or qualifications with respect to adult education,
and persons representative of the general public. The Council shall
meet initially at the call of the Commissioner and elect from its num-
ber a chairman. The Council will thereafter meet at the call of the
chairman, but not less often than twice a year. Subject to section
448(b) of the General Education Provisions Act, the Council shall
continue to exist until .July 1, 1978.
(c) The Council shall advise the Commissioner in the preparation
of general regulations and with respect to policy matters arising in
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the administration of this title, including policies and procedures gov-
erning the approval of State plans under section 306 and policies to
eliminate duplication, and to effectuate the coordination of programs
under this title and other programs offering adult education activities
and services.
(d) The Council shall review the administration and effectiveness
of programs under this title, make recommendations with respect
thereto, and make annual reports to the President of its findings and
recommendations (including recommendations for changes in this
title and other Federal laws relating to adult education activities and
services). The President shall transmit each such report to the Con-
gress together with his comments and recommendations. The Secre-
tary of Health, Education, and Welfare shall coordinate the work
of the Council with that of other related advisory councils.
(20 U.S.C. 1209) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 310, 80 Stat.
1220; amended April 13, 1970, P.14. 91-230, sec. 301, 84 Stat. 163; redesignated
May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat. 59, 60.
LIMITATION
Sno. 312. No grant may be made under this title for any educational
program, activity, or service related to sectarian instruction or reli-
gious worship, or provided by a school or department of divinity.
For purposes of this section, the term "school or department of divin-
ity" means an institution or a department or branch of an institution
whose program is specifically for the education of students to prepare
them to become ministers of religion or to enter upon some other
religious vocation, or to prepare them to teach theological subjects.
(20 U.S.C. 1210) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 311, formerly
sec. 313, 80 Stat. 1222; redesignated April 13, 1970, P.L. 91-230, Title III, sec.
301, 84 Stat. 164; redesignated May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat.
59, 60.
APPROPRIATIONS AUTHORIZED
SEC. 313. (a) There are authorized to be appropriated $160,000,000
for the fiscal year ending June 30, 1970, $200,000,000 for the fiscal year
ending June 30, 1971, $225,000,000 for each of the fiscal years ending
June 30, 1972, and June 30, 1973, $150,000,000 for each of the fiscal
years ending June 30, 1974, and June 30, 1975, $175,000,000 for the
fiscal year ending June 30, 1976, and $200,000,000 for each of the fiscal
years ending June 30, 1977, and June 30, 1978: Provided, That, effec-
tive with respect to fiscal years after June 30, 1974, grants to each
State under section 305 shall not be less than 90 per centum of the
grants made to such State agencies in fiscal year 1973 for the pur-
poses of this title (other than sections 310 and 314).
(b) There are further authorized to be appropriated for each such
fiscal year such sums, not to exceed 5 per centum of the amount appro-
priated pursuant to subsection (a) of such year, as may be necessary
to pay the cost of the administration and development of State plans,
and other activities required pursuant to this title. For the fiscal year
ending June 30, 1970, and the succeeding fiscal year, nothing in this
subsection shall be construed to prohibit the use of any amounts appro-
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priated pursuant to this Act to pay such costs. subject to such limita-
tions as the Commissioner may prescribe.
(20 U.S.C. 1211) Enacted Nov. 3, 1966, P.L. 89-750. Title III. sec. 312, formerly
sec. 314, 80 Stat. 1222; amended Jan. 2, 1968. P.L. 90-247, Title V. sec. 504, 81
Stat. 815; redesignated and amended April 13, 1970, P.L. 91-230. Title III, sec.
301, 84 Stat. 164; amended Dec. 30, 1970, P.L. 91-600, sec. 3(h). 84 Stat. 1669;
redesignated May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat. 59, 60; amended
Aug. 21, 1974, P.L. 93-380, sec. 608, 88 Stat. 579.
IMPROVEMENT OF EDUCATIONAL OPPORTUNITU~S FOR A1)ULT INDIANS
SEC. 314. (a) The Commissioner shall carry out a program of
making grants to State and local educational agencies, and to Indian
tribes, institutions. and organizations. to support planning, pilot, and
demonstration projects which are designed to plan for, and test and
demonstrate the effectiveness of, programs for providing adult educa-
tion for Indians-
(1) to support planning, pilot, and demonstration projects
which are designed to test and demonstrate the effectiveness of
programs for improving employment and educational opportuni-
ties for adult Indians;
(2) to assist in the establishment and operation of programs
which are designed to stimulate (A) the provision of basic literacy
opportunities to all nonliterate Indian adults. and (B) the pro-
vision of opportunities to all Indian adults to qualify for a high
school equivalency certificate in the shortest period of time
feasible;
(3) to support a major research and development program to
develop more innovative and effective techniques for achieving
the literacy and high school equivalency goals;
(4) to provide, for basic surveys and evaluations thereof to
define accurately the extent of the problems of illiteracy and
lack of high school completion on Indian reservations:
(5) to encourage the dissemination of information and materials
relating to, and the evaluation of the effectiveness of. education
programs which may offer educational opportunities to Indian
adults.
(b) The Commissioner is also authorized to make grants to, and
contracts with, public agencies, and institutions, and Indian tribes,
institutions, and organizations for-
(1) the dissemination of information concerning educational
programs, services, and resources available to Indian adults,
including evaluations thereof; and
(2) the evaluation of the effectiveness of federally assisted
programs in which Indian adults may participate in achieving
the purposes of such programs with respect to such adults.
(c) Applications for a grant under this section shall be submitted
at such time, in such manner. and contain such information, and shall
be consistent with such criteria, as may be established as requirements
in regulations promulgated by the Commissioner. Such applications
shall-
(1) set forth a statement describing the activities for which
assistance is sought;
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(2) provide for an evaluation of the effectiveness of the proj-
ect in achieving its purposes and those of this section.
The Commissioner shall not approve an application for a grant under
subsection (a) unless he is satisfied that such application, and any doc-
uments submitted with respect thereto, indicate that there has been
adequate participation by the individuals to be served and tribal
communities in the planning and development of the project, and
that there will be such a participation in the operation and evaluation
of the project. In approving applications under subsection (a), the
Commissioner shall give priority to applications from Indian educa-
tional agencies, organizations, and institutions.
(d) For the purpose of making grants under this section there are
hereby authorized to be appropriated $5,000,000 for the fiscal year
ending June 30, 1973, and $8,000,000 for each of the succeeding fiscal
years ending prior to July 1, 1978.
(20 U.S.C. 1211a) Enacted June 23, 1972, P.L. 92-318, sec. 431, 86 Stat. 342, 343;
amended August 21, 1974, P.L. 93-380, sec. 608, 88 Stat. 579.
EDUCATIONAL TELEVISION
EDUCATIONAL TELEVISION BROADCASTING FACILITIES
An ACT To amend the Communications Act of 1934 to establish a program of
Federal matching grants for the construction of television broadcasting
facilities to be used for educational purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That title III of the
Communications Act of 1934 is amended by adding at the end thereof
the following new part:
PART TV-GRANTS FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING
FACILITIES; CORPORATION FOR PUBLIC BROADCASTING
SUBPART A-GRANTS FOR FACILITIES
DECLARATION OF PURPOSE
SEC. 390. The purpose of this subpart is to assist (through matching
grants) in the construction of noncommercial educational television
or radio broadcasting facilities. -
(47 U.S.C. 390) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 64; amended Nov. 7,
1967, P.L. 90-129, sees. 103(a), 201(1), 81 Stat. 365, 367.
AUTHORIZATION OF APPROPRIATIONS
SEC. 391. There are authorized to be appropriated for the fiscal
year ending June 30, 1974, and for the succeeding fiscal year such
sums not to exceed $25,000,000 for the fiscal year ending June 30, 1974,
and $30,000,000 for the succeeding fiscal year, as may be necessary to
carry out the purposes of section 390. Sums appropriated under this
section for any fiscal year shall remain available for payment of
grant~s for projects for which applications approved under section
PAGENO="0604"
594
392, have been submitted under such section prior to the end of the
succeeding fiscal year.
(47 U.S.C. 391) Enacted May 1, 1962 P.L. 87-447, 76 Stat. 65; amended Nov. 7,
1967, P.L. 90-129, sec. 101, 81 Stat. 365, amended Oct. 27. 1969. P.L. 91-97. sec.
2(a), (b), 83 Stat. 146; amended August 6, 1973, P.L. 93-84, sec. 1, 87 Stat. 219.
GRANTS FOR CONSTRUCTION
SEC. 392. (a) For each project for the construction of noncommer-
cial educational television or radio broadcasting facilities there shall
be submitted to the Secretary an application for a grant containing
such information with respect to such project as the Secretary may
by regulation require, including the total cost of such project and the
amount of the Federal grant requested for such project, and providing
assurance satisfactory to the Secretary-
(1) that the applicant is (A) an agency or officer responsible
for the supervision of public elementary or secondary education
or public higher education within that State, or within a political
subdivision thereof, (B) in the case of a project for television
facilities, the State noncommercial educational television agency
or, in the case of a project for radio facilities, the State educa-
tional. radio agency, (C) a college or university deriving its sup-
port in whole or in part from tax revenues, (D) (i) in the case
of a project for television facilities, a nonprofit foundation, corpo-
ration, or association which is organized primarily to engage in
* or encourage. noncommercial educational television broadcasting
and is eligible to receive a license from the Federal Communica-
tions Commission for a noncommercial educational television
broadcasting stationpursuant to the rules and regulations of the
Commission in effect on April 12, 1962, or (ii) in the case of a proj-
ect for radio facilities, a nonprofit foundation. corporation, or as-
sociation which is organized primarily to engage in or encourage
noncommercial educational radio broadcasting and is eligible to
receive a license from the Federal Communications Commission;
or meets the requirements of clause (i) and is also organized to
engage in or encourage such radio broadcasting and is eligible for
such a license for such a radio station. or (E) a municipality
which owns and operates a broadcasting facility transmitting only
noncommercial programs;
(2) that the operation of such educational broadcasting facili-
ties will be under the control of the applicant or a person qualified
under paragraph (1) to be such an applicant;
(3) that necessary funds to construct, operate, and maintain
such educational broadcasting facilities will be available when
needed;
(4) that such broadcasting facilities will be used only for edu-
cational purposes; and
(5) that, in the case of an application with respect to radio
broadcasting facilities. there has been comprehensive planning for
educational broadcasting facilities and services in the area the
applicant proposes to serve and the applicant has i~artic~pated in
such planning, and the applicant will make the most efficient use
of the frequency assignment.
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595
(b) The total of the grants made under this part from the appro-
priation for any fiscal year for the construction of noncommercial
educational television broadcasting facih ties and non commercial eclu-
cational radio broadcasting facilities in any State may not exceed
81/2 per centum of such appropriation.
(c) (1) In order to assure proper coordination of construction of
noncommercial educational television broadcasting facilitmes within
each State which has established a State educational television agency,
each applicant for a grant under this section for a project for con-
struction of such facilities in such State, other than such agency, shall
notify such agency of each application for such a giant which is sub-
mitted by it ~to t)ie Secretary, and the Secretary shall advise such
agency with respect to the disposition of each such application.
(2) In order to assure proper coordination of construction of non-
commercial educational radio broadcasting facilities within each State
which has established a State educational radio agency. each applicant
for a grant under this section for a project for construction of such
facilities in such State, other than such agency, shall notify such agency
of each application for such a grant which is submitted by it to the
Secretary, and the Secretary shall advise such agency with respect to
the disposition of each such application.
(d) The Secretary shall base his determinations of whether to
approve applications for grants under this section and the amount of
such grants oii criteria set forth in regulations and designed to achieve
(1) prompt and effective use of all noncommercial educational tehevi-
si on channels remaining available, (2) equitable geographical chistri-
bution of noncommercial educational television broadcasting facilities
or noncommercial educational radio broadcastiiig facilities, as the case
may be, throughout the States, and (3) provision of noncommercial
educational television broadcastina facilities or noncommercial edu-
cational radio broadcasting facilities, as the case may be, which will
serve the greatest number of persons and serve them in as many
areas as possible, and which are adaptable to the broadest education~J
uses.
(e) Upon approving any application under this section with respect
to any project, the Secretary shall make a grant to the applicant in
the amount determined by him, but not exceeding 7f5 per centi~nn of
the amount determined by the Secretary to be the reasonable and
necessary cost of such project. The Secretary shall pay such amount
from the sum available therefor, in advance or by way of reimburse-
ment, and in such installments consistent with c~nstruction progress,
as he may determine.
(f) If, within ten years after completion of any project for con-
struction of educational television or radio broadcasting facilities
with respect to which a grant has been mache under this section~
(1) the applicant or other owner of such facilities ceases to be
an agency, officer, institution, foundation, corporation, or associa-
tion described in subsection (a) (1), or
(2) such facilities cease to be used for noncomnmercia,1 educa-
tional television Purposes or noncommercial educational radio
purposes, as the case may be (unless the Secretary determines, in
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accordance with regulations, that there is good cause for releasing
applicant or other owner from the obligation so to do),
the United States shall be entitled to recover from the applicant or
other owner of such facilities the amount bearing the same ratio to
the then value (as determined by agreement of the parties or by action
brought in the United States district court for the district in which
such facilities are situated) of such facilities, as the amount of the
Federal participation bore to the cost of construction of such facilities.
(47 U.S.C. 392) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 05: amended Nov. 7,
1967, P.L. 90-129, secs. 102,103 (b), (c), (d), (e), 104,81 Stat. 365-367.
RECORDS
SEC. 393. (a) Each recipient of assistance under this subpart shall
keep such records as may be reasonably necessary to enable the Secre-
tary to carry out his functions under this subpart. including records
which fully disclose the amount and the disposition by such recipient
of the proceeds of such assistance, the total cost of the project or
undertaking in connection with which such assistance is given or used,
and the amount and nature of that portion of the cost of the project
or undertaking supplied by other sources, and such other records as
will facilitate an effective audit.
(b) The Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have ac-
cess for the purpose of audit and examination to any books: docu-
ments, papers, and records of the recipient that are pertinent to assist-
ance received under this subpart.
(47 U.S.C. 393) Enacted May 1, 1902. P.L. 87-477, 70 Stat. 00; amended Nov. 7,
1967, P.L. 90-129, sec. 201(2), 81 Stat. 307.
RULES AND REGULATIONS
SEC. 394. The Secretary is authorized to make such rules and reg-
ulations as may be necessary to carry out this subpart: including
regulations relating to the order of priority in approving applications
for projects under section 392 or to determining the amounts of grants
for such projects.
(47 U.S.C. 394) Enacted May 1, 1962, P.L. 87-447 as sec. 396: redesignated sec.
394 and amended Nov. 7, 1907 by P.L. 87-447. sec. 201(2). (4). 81 Stat. 367.
PROVISION OF ASSISTANCE BY FEDERAL COMMUNICATIONS COMMISSION
SEC. 395. The Federal Communications Commission is authorized
to provide such assistance in carrying out the provisions of this sub-
part as may be requested by the Secretary. The Secretary shall provide
for consultation and close cooperation with the Federal Communica-
tions Commission in the administration of his functions under this
subpart which are of interest to or affect the functions of the Corn-
mission.
(47 U.S.C. 395) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 07; amended Nov. 7.
1967, P.L. 87-447, sec. 201(2), 81 Stat. 307.
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SUBPART B-CoRPoIt~TIoN FOR PUBLIC BROADCASTING
CONGRESSIONAL DECLARATION OF POLICY
SEC. 396. (a) The Congress hereby finds and declares-
(1) that it is in the public interest to encourage the growth and
development of nonconiinercial educational radio and television
broadcasting, including the use of such media for instructional
purposes;
(2) that expansion and development of noncommercial edu-
cational radio and television broadcasting and of diversity of its
programing depend on freedom, imagination, and initiative on
both the local and national levels;
(3) that the encouragement and support of noncommercial edu-
cational radio and television broadcasting, while matters of im-
portance for private and local development, are also of appropriate
and important concern to the Federal Government;
(4) that it furthers the general welfare to encourage noncom-
mercial educational radio and television broadcast programing
which will be responsive to the interests of people both in par-
ticular localities and throughout the United States, and which
will constitute an expression of diversity and excellence;
(5) that it is necessary and appropriate for the Federal Gov-
ernment to complement, assist, and support a national policy that
will most effectively make noncommercial educational radio and
television service available to all the citizens of the United States;
(6) that a private corporation should be created to facilitate
the development of educational radio and television broadcasting
and to afford maximum protection to such broadcasting from
extraneous interference and control.
CORPORATION ESTABLISHED
(b) There is authorized to be established a nonprofit corporation,
to be known as the "Corporation for Public Broadcasting", which will
not be an agency or establishment of the United States Government.
The Corporation shall be subject to the provisions of this section, and,
to the extent consistent with this section, to the District of Columbia
Nonprofit Corporation Act.
BOARD OF DIRECTORS
(c) (1) The Corporation shall have a Board of Directors (herein-
after in this section referred to as the "Board"), consisting of fifteen
members appointed by the President, by and with the advice and con-
sent of the Senate. Not more than eight members of the Board may be
members of the same political party.
(2) The members of the Board (A) shall be selected from among
citizens of the United States (not regular full-time employees of the
United States) who are eminent in such fields as education, cultural
and civic affairs, or the arts, including radio and television; (B) shall
PAGENO="0608"
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be selected so as to provide as nearly as practicable a broad represen-
tafion of various re~ions of the country, various professions and occu-
pations, and various kinds of talent and experience appropriate to the
functions and responsibilities of the Corporation.
(3) The members of the initial Board of Directors shall serve as
incorporators and shall take whatever actions are necessary to establish
the Corporation under the District of Columbia Nonprofit Corporation
Act.
(4) The term of office of each member of the Board shall be six
years; except that (A) any member appointed to fill a vacancy occur-
ring prior to the expiration of the term for which his predecessor was
appointed shall be appointed for the remaindler of such term; and
(B') the terms of office of members first taking office shall bee-in on the
date of iju'ovnoration and shall exuire, as desic-nated at the time of
their appointment~ five at the end of two years. five at the end of four
years, and five at the end of six years. No member shall be eligible to
serve in excess of tw-o consecutive terms of six years each. Notwith-
standing the preceding provisions of this paragraph. a member whose
term has expired ma serve until his successor has qualified.
(5) Any vacency in the Board shall not affect its power. but shall
be filled in the manner in which the original appointments were made.
ELECTION OF CHAIRMAN; COMPENSATION
(d) (1) The President shall designate one of the members first ap-
pointed to the Board as Chairman; thereafter the members of the
Board shall annually elect one of their number as Chairman. The
members of the Board shall also elect one or more of them as a Vice
Chairman or Vice Chairmen.
(2) The members of the Board shall not. by reason of such mem-
bership, be deemed to be employees of the United States. They shall,
while attending meetings of the Board or while engaged in duties
related to such meetings or in other activities of the Board pursuant
to this subpart be entitled to receive compensation at the rate of 8100
per day including travel time, and while away from their homes or
regular places of business they may be allowed travel expenses. includ-
ing per diem in lieu of subsistence, equal to that authorized by law
(5 TLS.C. 5703) for persons in the Government service employed
intermittently.
OFFICERS AND EMPLOYEES
(e) (1) The Corporation shall have a President. and such other offi-
cers as may be named and appointed by the Board for terms and at
rates of compensation fixed by the Board. No individual other than a
citizen of the United States may be an officer of the Corporation. No
officer of the Corporation. other than the Chairman and any Vice
Chairman, may receive any salary or other compensation from any
source other than the. Corporation during the period of his employ-
ment by the Corporation. All officers shall serve at the pleasure of the
Board.
(2) Except as provided in the second sentence of subsection (c) (1)
of this section. no political test or qualification shall be used in select-
ing, appointing, promoting. or taking other pei'soiinel actions with re-
spect to officers. agents. and employees of the Corporation.
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599
NONPROFIT AND NONPOLITICAL NATURE OF THE CORPORATION
(f) (1) The Corporation shall have no power to issue any shares of
stock, or to declare or pay any dividends.
(2) No part of the income or assets of the Corporation shall inure
to the benefit of any director, officer, employee, or any other individual
except as salary or reasonable compensation for services.
(3) The Corporation may not contribute to or otherwise support
any political party or candidate for elective public office.
PURPOSES AND ACTIVITIES OF THE CORPORATION
(g) (1) In order to achieve the objectives and to carry out the pur-
poses of this subpart, as set out in subsection (a), the Corporation is
authorized to-
(A) facilitate the full development of educational broadcast-
ing in which programs of high quality, obtained from diverse
sources, will be made available to noncommercial educational tele-
vision or radio broadcast stations, with strict adherence to ob-
jectivity and balance in all programs or series of programs of a
controversial nature;
(B) assist in the establishment and development of one or more
systems of interconnection to be used for the distribution of edu-
cational television or radio programs so that all noncommercial
educational television or radio broadcast stations that wish to may
broadcast the programs at times chosen by the stations;
(C) assist in the establishment and development of one or more
Systems of noncommercial educational television or radio broad-
cast stations throughout the United States;
(D) carry out its purposes and functions and engage in its ac-
tivities in ways that will most effectively assure the maximum
freedom of the noncommercial educational television or radio
broadcast systems and local stations from interference with or
control of program content or other activities.
(2) Included in the activities of the Corporation authorized for
accomplishment of the purposes set forth in subsection (a) of this
section, are, among others not specifically named-
(A) to obtain grants from and to make contracts with inclivid-
uals and with private, State, and Federal agencies, organizations.
and institutions;
(B) to contract with or make grants to program production
entities, individuals, am' cl selected noncommercici educational
broadcast stations for the production of, and otherwise to procure,
educational television or radio programs for national or regional
di stribut~on to noncommercial educational broa (least stations;
(C) to make payments to existing and new noncommercial
educational broadcast stations to aid in financing local eclucationad
television or radio programing costs of such stations, particularly
innovative approaches thereto. and other costs of operation of
such stations;
(D) to establish and maintain a library and archives of non-
commercial educational television or radio programs and related
materials and develop public awareness of and disseminate infor-
44-078 0 - 75 - 39
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mation about noncommercial educational television or radio
broadcasting by various means, including the publication of a
journal;
(E) to arrange, by grant or contract with appropriate public
or private agencies, organizations. or institutions, for interconnec-
tion facilities suitable for distribution and transmission of
educational television or radio programs to noncommercial educa-
tional broadcast stations;
(F) to hire or accept the voluntary services of consultants,
experts, advisory boards, and panels to aid the Corporation in
carrying out the purposes of this section;
(G-) to encourage the creation of new noncommercial educa-
tional broadcast stations iii order to enhance such service on a
local, State, regional, and national basis;
(H) conduct (directly or through grants or contracts) research.
demonstrations, or training in matters related to noncommercial
educatioual television or radio broadcasting.
(3) To carry out the foregoing purposes and engage in the fore-
going activities, the Corporation shall have the usual powers conferred
upon a nonprofit corporation by the District of Columbia Nonprofit
Corporation Act, except that the Corporation may not own or operate
any television or radio broadcast station, system. or network. coin-
munity antenna television system, or interconnection or program pro-
duction facility.
AUTHORIZATION FOR FREE OR REDUCED RATE INTERCONNECTION SERVICE
(h) Nothing in the Communications Act of 1934. as amended. or
in any other provision of law shall be const.ru~d to prevent tnited
States communications common carriers from rendering free or
reduced rate communications interconnection services for noncom-
mercial educational television or radio services, subject to such rules
and regulations as the Federal Communications Commission may
prescribe.
REPORT TO CONGRESS
(i) The Corporation shall submit an annual report for the pre-
ceding fiscal year ending .June 30 to the President for transmittal to
the Congress on or before the 31st day of December of each year. The
report shall include a conmrehensive and detailed report of the Cor-
poration's operations, activities, financial condition. and accomplish-
ments under this section and may include such recommendations as
the Corporation deems appropriate.
RIGHT TO REPEALS ALTER~ OR AMEND
(j) The right to repeal, alter. or amend this section at any time is
expressly reserved.
FINANCING
(k) (1) There is authorized to be appropriated for expenses of the
Corporation $50,000,000 for the fiscal year ending June 30, 1974. and
$60,000,000 for the fiscal year ending June 30. 1975.
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601
(2) Tn addition to the sums authorized to be appropriated by para-
graph (1) of this subsection, there are authorized to be appropriated
for payment to the Corporation for each fiscal year during the period
July 1, 1970, to June 30, 1975, amounts equal to the amount of total
grants, donations, bequests, or other contributions (including money
and the fair market value of any property) from non-Federal sources
received by the Corporation under subsection (g) (2) (A) of this sec-
tion during such fiscal year; except that the amount appropriated
pursuant to this paragraph for any fiscal year may not exceed.
$5,000,000.
RECORDS AND AUDIT
(1) (1) (A) The accounts of the Corporation shall be audited annu-
ally in accordance with generally accepted auditing standards by
independent certified ptiblic accountants or independent licensed pub-
lic accountants certified or licensed by a regulatory authority of a
State or other political subdivision of the TJnited States. The audits
shall be conducted at the place or places where the accounts of the
Corporation are normally kept. All books, accounts, financial records,
reports, files, and all other papers, things, or property belonging to
or in use by the Corporation and necessary to facilitate the audits shall
be made available to the person or persons conducting the audits; and
full facilities for verifying transactions with the balances or securities
held by depositories, fiscal agents and custodians shall be afforded to
such person or persons.
(B) The report of each such independent audit shall be included in
the annual report required by subsection (i) of this section. The audit
report shall set forth the scope of the audit and include such state-
ments as are necessary to present fairly the Corporation's assets and
liabilities, surplus or deficit, with an analysis of the changes therein
during the year, supplemented in reasonable detail by a statement of
the Corporation's income and expenses during the year, and a state-
ment of the sources and application of funds, together with the
independent auditor's opinion of those statements.
(2) (A) The financial transactions of the Corporation for any fiscal
year during which Federal funds are available to finance any portion
of its operations may be audited by the General Accounting Office in
accordance with the principles and procedures applicable to com-
mercial corporate transactions and under such rules and regulations as
may be prescribed by the Comptroller General of the United States.
Any such audit shall be conducted at the place or places where ac-
counts of the Corporation are normally kept. The representative of the
General Accounting Office shall have access to all books, accounts, rec-
ords, reports, flies, and all other pa~ers~ things, or propert belonging
to or in use by the Corporation pertaining to its financial transactions
and necessary to facilitate the audit. and they shall be afforded full
facilities for verifying transactions with the balances or securities held
by depositories, fiscal agents, and custodians. All such books. accounts,
records, reports, files, papers and property of the Corporation shall
remain in possession and custody of the Corporation.
(B) A report of each such audit~ shall be made by the Comptroller
General to the Congress. The report to the Congress shall contain such
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comments and information as the Comptroller General may deem nec-
essary to inform Congress of the financial operations and condition of
the Corporation, together with such recommendations with respect
thereto as he may deem advisable. The report shall also show specifi-
cally any program, expenditure. or other financial transaction or
undertaking observed in the course of the audit. which, in the opinion
of the Comptroller General. has been carried on or made without au-
thority of law. A copy of each report shall be furnished to the Presi-
dent, to the Secretary, and to the Corporation at the time submitted to
the Congress.
(3) (A) Each recipient of assistance by grant or contract. other
than a fixed price contract awarded pursuant to competitive bidding
procedures, under this section shall keep such records as may be reason-
ably necessary to fully disclose the amount and the disposition by such
recipient of the proceeds of such assistance. the total cost of the project
or undertaking in connection with which such assistance is given or
used, and the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources. and such other
records as will facilitate an effective audit.
(B) The Corporation or any of its duly authorized representatives.
shall have access for the purpose of audit and examination to any
books, documents, papers. and records of the recipient that are perti-
nent to assistance received under this section. The Comptroller Gen-
eral of the United States or any of his duly authorized representatives
shall also have access thereto for such purpose during any fiscal year
for which Federal funds are available to the Corporation.
(47 U.S.C. 396) Enacted Nov. 7, 1967, P.L. 90-129. sec. 201(9). Si Stat. 365-
373; amended Oct. 27, 1969, P.L. 91-97, sec. 3 (a), (b). 83 Stat. 146.
SUBPART C-GENERAL
DEFINITIONS
SEC. 39~T. For the purposes of this part-
(1) The term "State" includes the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands. Guam, American
Samoa, and the Trust Territory of the Pacific Islands.
(2) The term "construction," as applied to educational television
broadcasting facilities or educational radio broadcasting facilities
means the acquisitioh and installation of transmission apparatus (m-
eluding towers, microwave equipment. boosters. translators. repeaters.
mobile equipment. and video-recording equipment) necessary for tele-
vision broadcasting or radio broadcasting. as the case may he. includ-
ing apparatus which may incidentally be used for transmitting closed
circuit television programs. but does not include the construction or
repair of structures to house such apparatus. In the case of apparatus
the acquisition and installation of which is so included, such term also
includes planning therefor.
(3) The term "Secretary" means the Secretary of Health. Educa-
tion, and Welfare.
(4) The terms "State educational television aeencv" and `~tate
educational radio a~encv" mean. with respect to television broadcast-
ing and radio broadca~ting1 respectively, (A) a board or commission
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established by State law for the purpose of promoting such broad-
casting within a State, (B) a board or commission appointed by the
Governor of a State for such purpose if such appointment is not in-
consistent with State law, or (C) a State officer or agency responsible
for the supervision of public elementary or secondary education or
public higher education within the State which has been designated
by the Governor to assume responsibility for the promotion of such
broadcasting; and, in the case of the District of Columbia, the term
"Governor" means the Board of Commissioners of the District of
Columbia, and, in the case of the Trust Territory of the Pacific Islands,
means the High Commissioner thereof.
(5) The term "nonprofit" as applied to any foundation, corpora-
tion, or association, means a foundation, corporation, or association~
no part of the net earnings of which inures, or may lawfully inure,
to the benefit of any private shareholder or individual.
(6) The term "Corporation" means the Corporation authorized to
be established by subpart B of this part.
(7) The term "noncommercial educational broadcast station" means
a television or radio broadcast station, which (A) under the rules and
regulations of the Federal Communications Commission in effect on
the date of enactment of the Public Broadcasting Act of 1967, is eli-
gible to be licensed or is licensed by the Commission as a noncommer-
cial educational radio or television broadcast station and which is
owned and operated by a public agency or nonprofit private founda-
tion, corporation, or association or (B) is owned and operated by a
municipality and which transmits only noncommercial programs for
educational purposes.
(8) The term "interconnection" means the use of microwave equip-
ment, boosters, translators, repeaters, communication space satellites,
or other apparatus or equipment for the transmission and distribution
of television or radio programs to noncommercial educational televi-
sion or radio broadcast stations.
(9) The term "educational television or radio programs" means pro-
grams which are primarily designed for educational or cultural pur-
poses.
(47 TJ.S.C. 397) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 67 as sec. 394; re-
designated sec. 397 and amended Nov. 7, 1967 by P.L 90-429, secs. 103(f), 1O~,
106, 201 (3), (6), 81 Stat. 366-368.
FEDERAL INTERFERENCE OR CONTROL PROHIBITED
SEC. 398. Nothing contained in this part shall be deemed (1) to
amend any other provision of, or requirement under this Act; or (2)
to authorize any department, agency, officer, or employee of the United
States to exercise any direction, supervision, or control over educa-
tional television or radio broadcasting, or over the Corporation or
any of its grantees or contractors, or over the charter or bylaws of
the Corporation, or over the curriculum, program of instruction, or
personnel of any educational institution', school system, or educational
broadcasting station or system.
(47 USC. 398) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 67 as sec. 394; re-
designated sec. 398 and amended Nov. 7, 1967, by P.L. 90-129, secs. 103(g), 202
(3), (5), 81 Stat. 367, 368.
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EDITORIALIZING AND SUPPORT OF POLITICAL CANDIDAThS PROHIBITED
RECORDINGS OF CERTAIN PROGRAMS
SEC. 399. (a) No noncommercial educational broadcasting station
may engage in editorializing or may support or oppose any candidate
for political office.
(b) (1) Except as provided in paragraph (2), each licensee winch
receives assistance under this part after the date of the enactment of
this subsection shall retain an audio recording of each of its broad-
casts of any program in which any issue of public importance is dis-
cussed. Each such recording shall be retained for the sixty-day period
beginning on the date on which the licensee broadcasts such program.
(2) The requirements of paragraph (1) shall not apply with re-
spect to a licensee's broadcast of a program if an entity designated
by the licensee retains an audio recording of each of the licensee's
broadcasts of such a program fOr the period prescribed by paragraph
(1).
(3) Each licensee and entity designated by a licensee under para-
graph (2) which retains a recording under paragraph (1) or (2) shall,
in the period during which such recording is required under such
paragraph to be retained, make a copy of such recording available-
(A) to the Commission upon its request. and
(B) to any other person upon payment to the licensee or desig-
nated entity (as the case may be) of its reasonable cost of making
such copy.
(4) The Commission shall by rule prescribe-
(A) the manner in which recordings required by this subsec-
tion shall be kept, and
(B) the conditions under which they shall be available to per-
sons other than the Commission,
giving due regard to the goals of eliminating unnecessary expense and
effort and minimizing administrative burdens.
(47 U.S.C. 399) Enacted Nov. 7, 1967, P.L. 90-129. sec. 201 (8. Si Stat. 36$:
aniended August 6, 1973, P.L. 93-84, see. 2, 87 Stat. 220.
PAGENO="0615"
PART X-EDUCATION AND TRAINING OF THE
HANDICAPPED
EDUCATION OF THE HANDICAPPED ACT 1
PART A-GENERAL PRovIsIoNs
SHORT TITLE
SEC. 601. This title may be cited as the "Education of the Handi-
capped Act".
DEFINITION
SEC. 602. As used in this title-
(1) The term "handicapped children" means mentally retarded,
hard of hearing, deaf, speech impaired, visually handicapped, seri-
ously emotionally disturbed, crippled, or other health impaired chil-
dren who by reason thereof require special education and related
services.
(2) The term "Commissioner" means the Commissioner of
Education.
(3) The term "Advisory Committee" means the National Advisory
Committee on Handicapped Children.
(4) The term "construction", except where otherwise specified,
means (A) erection of new or expansion of existing structures, and
the acquisition and installation of equipment therefor; or (B) acquisi-
tion of existing structures not owned by any agency or institution
making application for assistance under this title: or (C) remodeling
or alteration (including the acquisition, installation, modernization,
or replacement of equipment) of existing structures; or (D) acquisi-
tion of land in connection with the activities in clauses (A), (B), and
(C); or (E) a combination of any two or more of the foregoing.
(5) The term "eqtiipment" includes machinery, utilities, and built-
in equipment and any necessary enclosures or structures to house them,
and includes all other items necessary for the functioning of a particu-
lar facility as a facility for the provision of ediTcational services, in-
cluding items such as instructional equipment and necessary furni-
ture, printed, published, and audio-visual instructional materials, and
books, periodicals, documents, and other related materials.
(6) The term "State" means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands and the Trust Territory of the Pacific
Islands.
1 Public Law 89-750 amended the Elementary and Secondary Education Act of 1965 by
adding a new title Vi : effective July 1. 1971. this act (FL. 91-230) replaces title VI. Also
as of July 1, 1971. the Edication of the i-Tnndicnppeul Act will supersede tile following:
P.1. 90-538. FTandicanped Children's Early Education Assistance Act P.L. 85-926, Grants
for Teaching in the Education of Handicapped Children : P.L. 88-164. titles III and V of
the Mental Retardation Facilities and Community Mental Centers Construction Act of 1963;
and P.L. 85-905, Instructional Media for Handicaap'ed Children.
(605)
PAGENO="0616"
606
(~) The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools. or. if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(8) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public institu-
tion or agency having administrative control and direction of a public
elementary or secondary school.
(9) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(10) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
except that it does not include any education provided beyond
grade 12.
(11) The term "institution of higher education" means an educa-
tional institution in any State which-
(A) admits as regular students only individuals having a cer-
tificate of graduation from a high school. or the recognized equiv-
alent of such a certificate;
(B) is legally authorized within such State to provide a pro-
gram of education beyond high school;
(C) provides an educational program for which it awards a
bachelor's degree, or provides not less than a two-year program
which is acceptable for full credit toward such a. de~ree. or offers
a two-year program in engineering, mathematics, or the physical
or biological sciences which is designed to prepare the student to
work as a technician and at a semiprofessional level in engineer-
ing, scientific, or other technological fields which require the. un-
derstancling and application of basic. engineering, scientific. or
mathematical principles or knowledge:
(D) is a public or other nonprofit institution: and
(E) is accredited by a. nationall recognized accreditinu agency
or association listed by the Commissioner pursuant to this para-
graph or, if not so accredited. is an institution whose credits are
accepted~ on transfer, by not less than three. institutions which are
so accredited, for credit on the same basis as if transferred from
an j~~t~ifiiH~rn ~o aepverlited: ProTk7el. hoverer. That in the case
of an institution offering a two-year program in engineering.
mathematics. or the physical or biological sciences which is
designed to prepare the student to work as a technician and at. a
semiprofessional level in en~ineerin~. scientific. or technol o~ical
fieldls which require the understanding and application of basic
engineering~ scientific. or mathematical principles or knowledge.
if the Commissioner determines that. there i~ no nationally reeou-
nized accrediting agency or association qualified to accredit such
institutions, he shall appoint an advisory committee, composed of
PAGENO="0617"
607
persons specially qualified to evaluate training provided by such
institutions, which shall prescribe the standards of content, scope,
and quality which must be met in order to qualify such institu-
tions to participate under this Act and shall also determine
whether particular institutions meet such standards. For the pur-
poses of this paragraph the Commissioner shall publish a list of
nationally recognized accrediting agencies or associations which
he determines to be reliable authority as to the quality of educa-
tion or training offered.
(12) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a~ school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or asso-
ciations no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(13) The term "research and related purposes" means research,
research training (including the payment of stipends and allowances),
surveys, or demonstrations in the field of education of handicapped
children, or the dissemination of information derived therefrom, in-
citiding (but without limitation) experimental schools.
(14) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(15) The term "children with specific learning disabilities" means
those children who have a disorder in one or more of the basic psy-
chological processes involved in understanding or in using language,
spoken or written, which disorder may manifest itself in imperfect
ability to listen, think, speak, read, write, spell, or do mathematical
calculations. Such disorders include such conditions as perceptual
handicaps, brain injury, minimal brain clisfunction, dyslexia, and
developmental aphasia~. Such term does not include children who have
learning problems which are primarily the result of visual, hearing,
or motor handicaps, of mental retardation. of emotional disturbance,
or of environmental disadvantage.
(20 U.S.C. 1401) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 002,
84 Stat. 175.
BUREAU FOR EDUCATION AND TRAINING OP TIlE HANDICAPPED 1
SEC. 603. (a) There shall be, within the Office of Education, a bureau
for the education and training of the handicapped which shall be tim
principal agency in the Office of Education for administering and
carrying out programs and projects relating to the education and
training of the handicapped, including programs and projects for
the training of teachers of the handicapped and for research in such
education and training.
(b) (1) The Bureau established under subsection (a) shall be headed
by a Deputy Commissioner of Education who shall be appointed by
the Commissioner, who shall report directly to the Commissioner, be
* 1 Section 012(b) (1) of P.L. 93-380 provides as follows:
`(h) (1) The positions created by subsection (b) of section 003 of the Education of the
Handicapped Act shall be in addition to the number of positions placed in the appropriate
grades under section 5108 of title 5. ITnited States Code, and such positions shall be in
addition to, and without prejudice aainst. the number of nositious otherwise placed in the
Office of Education under such section 5108 or under other law. Nothing in this section
shall be deemed as limiting the Commissioner from assigning ad(litional General Schedule
positions in grades 10, 17, and 18 to the Office should he determine. such additions to be
necessary to operate programs for educating handicapped children authorized by this Act."
PAGENO="0618"
608
compensated at the rate specified for, and placed in, grade 18 of the
General Schedule set forth in section 5332 of title 5. United States
Code.
(2) In addition to such Deputy Commissioner. there shall be placed
in such Bureau five positions for persons to assist the Deputy Com-
missioner in carrying out his duties. including the position of Associate
Deputy Commissioner, and such positions shall be placed in grade 16
of the General Schedule set forth in section 5332 of title 5. United
States Code.
(20 U.S.C. 1402) Enacted April 13, 1970, PD. 91-230, Title VI, sec. 603. 84
Stat. 177; amended August 21, 1974, PD. 93-380, sec. 612(a), 88, Stat.
570, 580.
NATIONAL ADVISORY COMMITTEE ON HANDICAPPED CHILDREN
SEc. 604. (a) The Commissioner shall establish in the Office of
Education a National Advisory Committee on 1-lanclicapped Chil-
dren, consisting of fifteen members. appointed by the Commissioner.
At least eight of such members shall be persons affiliated with educa-
tional, training, or research programs for the handicapped.
(b) The Advisory Committee shall review the administration and
operation of the programs authorized by this title and other pro-
sions of law administered by the Commissioner with respect to hanth-
capped children, including their effect in improving the educational
attaimnent of such children, and make recommendations for the im-
provement of such administration, and operation with respect to such
children. Such recommendations shall take into consideration experi-
ence gained under this and other Federal programs for handicapped
children and, to the extent appropriate, experience gained under
other public and private programs for handicapped children. The
Advisory Committee shall from time to time make such recommenda-
tions as it may deem appronriate to the Commissioner and shall make
an annual report of its findings and recomnienclations to the Commis-
sioner not later than March 31 of each year. The Commissioner shall
transmit each such report to the Secretary together with his comments
and recommendations, and the Secretary shall transmit such report,
comments, and recommendations to the Congress together with any
comrneiits or recommendations lie may have with respect thereto.
The Advisory Committee shall continue to exist until July 1. 1977.
(c) There are authorized to be appronriatecl for the purposes of this
section $100.000 for the fiscal year ending ~Tnne 30. 1974. and for each
of the three succeeding fiscal years.
(20 U.S.C. 1403) Enacted April 13, 1970, P.L. 91-230. Title VI. sec. 604, 84
Stat. 177; amended August 21, 1974, P.L. 63-380, sec. 613, 88 Stat. 580.
ACQUISITION OF EQUIPMENT AND CONSTRUCTION OF NECESSARY
FACILITIES
SEC. 605. (a) In the case of any program authorized bs- this title. if
the Commissioner determines that such program will be improved by
permittTng the funds authorized for such program to be used for the
acquisition of equipment and the construction of necessary facilities,
he may authorize the use of such funds for such purposes.
PAGENO="0619"
609
(b) If within twenty years after the completion of any construction
(except minor remodeling or alteration) for which funds have been
paid pursuant to a grant or contract under this title the facility con-
structed ceases to lie used for the ~miposes for which it was con-
structecl, the United States, unless the Secretary determines that there
is good cause for reIeasuit~ the recipient of the funds from its obliga-
tion, shall be entitled to recover from the applicant or other owner of
the facility an amount which bears the same ratio to the then value of
the facility as the amount of such Federal funds bore to the cost of the
portion of the facility financed with such funds. Such value shall be
determined by agreement of the parties or by action brought in the
United States district court for the district in which the facility is
situated.
(20 U.S.C. 1404) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 605,
84 Stat. 177.
PART B-ASSISTANCE TO STATES FOR EDUCATION OF HANDICAPPED
CHILDREN
AIJT1-IORIzATION
SEC. 611. (a) The Commissioner is authorized to make grants pur-
suant to the provisions of this part for the purpose of assisting the
States in the initiation, expansion. and improvement of programs and
projects for the education of handicapped children at the preschool,
elementary school, and secondary school levels.1
(b) For the purpose of making grants under this part there is au-
thorized to be appropriated $200.000,000 for the fiscal year ending
June 30, 1071, ~10,000.000 for the fiscal year ending *June 30, 1972,
and $220,000,000 for the fiscal year ending June 30, 1 973~2
(20 U.S.C. 1411) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 611, 84 Stat.
178.
(N0TE.-Section 614(a) of P.L. 03-380 provides that, effective for
fiscal year 1975 only, section 611 of the Education of the Handicapped
Act is amended as follows:)
CRANTS' TO STATES FOR EDUCATION OF HANDICAPPED CHILDREN
Src. 611. (a) The Commissioner shall, in accordance with the prom-
sions of this part, niaZ~e payments to Stcttes for the purpose of assisting
the States in the ~nitiation, expansion, and improvement of programs
and projects for the education of handicapped children at the pre-
school, elementary school, and secondari~ school levels in order to pro-
vide full educational opportunities to all handicapped children. Such
payments way be used for the ear/ti ident~flcation and assessment of
han~7icanpino conditions in children under three years of age.
(b) (1) Subject to the provisions of section 612. the maximum
amount of the grant to which. a State shall be entitled under this part
shall be equal to-
1 Section 014(e) (1) of P.T~. 93-280 adds the following words to the end of this sentence.
effective July 1, 1975 "in order to provide full educational opportunity to all handicapped
children."
2 Effective July i, 1975, suhsection (0) is amended to read as follows
"(0) For the uurnose of making grants under this part, there are authorized to be
appropriated 3100,000,000 for the fiscal year ending June 30, 1976, and $110,000,000 for
the fiscal year ending June 30, 1977.
PAGENO="0620"
610
(A) the number of children aged three to twenty-one inclusive,
in Chat State in the most recent fiscal year for which satisfactory
data are available;
multiplied by-
(B) $8.75.
(2) For the purpose of this subsection.. the term "State" does not
include the Commonwealth of Puerto Rico, Guam. An? erican Sam oa,
the Virgin Islands, and the Trust Territory of the Pacific Islands.
(o) (1) The jurisdictions to which this subsection applies are the
Commonwealth of Puerto Rico. Guam. American Sam oa. the Virgin
Islands. and the Trust Territory of the Pacific Islands.
(2) Each jurisdiction to which this subsection appl?es 5hif771. for the
fiscal year ending June 30. 1975, be entitled to a. grant in an amount
equal to an amount determined by the Uomm?ss?oner. in. accordance
with criteria established by regulations. needed to in~tiatc. e~epand. or
improve programs and projects for the education. of handicapped chil-
dren at the preschool, elementary schoo7.~ and secondcfry school levels~
in that jurisdiction, except that the aggregate of the amount to `which
such jurisdictions are so entitled for any fiscal year shall not exceed
an amount equal to 2 per centum~ of the aggregate of the amounts to
which all States are entitled under subsection (h) of this ~ectioi? for
that fiscal year. If the aggregate of the amounts. determined by the
Commissioner pursua.n.t to the preceding .$entence~ to be so needed for
any fiscal year exceeds an amount equal to such 2 per (entun? lmita-
tion, the entitlement of each such. jurisdictions hull be redu'ed pro7or-
tionately until such aggregate does not exceed such. 2 per cen.tum
limitation.
(d) The Commissioner is authorized for the fiscal i/ear ending
June 30, 1975. to malee payments to the Sccretar?/ of the Interior
according to the need for such assistance for the education, of handi-
capped children on reservations serviced bii elen?en furu on rl .9eeon dory
schools operated for Indian children. b~i the Department of the In te-,'ior.
and the terms upon, which. payments for .cu.eh pi'rposec ~hail hr n?u/Tbr
to the Secretary of the Interior shall he detiminrd pursuant to such
criteria as the Commissioner dlcterm.'?nes v'iii l~'uf crirru ouf the pur-
poses of this part. The amount of such payment for any fiscal year shall
not exceed 1 per centu.m. of the agcire gate amounts to orh ich States are
entitled under subsection (b) of this section. for that fiscal i/ear.
ALLOTMENT OF FFXDS
SEc. 612. (a) (1) There is hereby authorized to be appropriated for
each fiscal year for the purposes of this para~raph an amount equal
to not more than 3 1 per centum of the amoimt appropriated for such
year for pa ments to States under section 611 (b). The Commissioner
shall allot the amount appropriated pursuant to this paragraph
among-
(A~ Puerto Rico.2 Guam. American Samoa. the Viroin Islands.
and the Trust Territo~ry of the Pacific Islands. accordin~ to their
respective needs. and
(B) for each fiscal year elidinQ~ prior to July 1. ~ the
lEffectlve after .Tune `30. 197~. liimtecl to 1 per centum (see. 543(b) (3). FL. 93-380).
2Effeet~ve after Tune 30, 19Th, Puerto Rico is deleted from this list (sec. 843(b) (1),
P.L. 93-380).
PAGENO="0621"
611
Secretary of the Interior, according to the need for such assistance
for the education of handicapped children on reservations serviced
by elementary and secondary schools operated for Indian children
by the Department of the Interior and the terms upon which
payments for such purposes shall be made to the Secretary of
the Interior shall be determined pursuant to such criteria as the
Commissioner determines will best carry out the purposes of this
part.
(2) From the total amount appropriated pursuant to section
611 (b) for any fiscal year the Commissioner shall allot to each State
an amount which bears the same ratio to such amount as the number
of children aged three to twenty-one, inclusive, in the. State bears to
the number of such children in all the States, except that no State
shall be allotted less than $200,000 or three-tenths of 1 per centum of
such amount available for allotment to the States, whichever is
greater. For purposes of this paragraph and subsection (b), the term
"State" shall not include the Commonwealth of Puerto R,ico,2 Guam,
American Samoa, the Virgin Islands, or the Trust Territory of the
Pacific Islands.~
(b) The number of children aged three to twenty-one, inclusive, in
any State and in all the States shall be determined, for purposes of
this section, by the Commissioner on the basis of the most recent
satisfactory data available to him.
(c) The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be required
for that year shall be available for reallotment, from time to time
and on such dates during such year as the Commissioner may fix,
to other States in proportion to the original allotments to such States
under subsection (a) for that year, but with such proportionate
amount for any of such other States being reduced to the extent it
exceeds the sum the Commissioner estimates such State needs and
will be able to use for such year; and the total of such reductions shall
be similarly reallotted among the States whose proportionate amounts
were not so reduced. Any amount reallotted to a State under this
subsection during a year shall be deemed part of its allotment under
subsection (a) for that year.
(20 u.S.C. 1412) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 012
84 Stat. 178; amended June 23, 1972, P.L. 92-318, sec. 421(b) (1) (C), 86 Stat.
341; amended August 21, 1974, P.L. 93-380, sec. 614(b) (1), 88 Stat. 582.
(NOTE: Section 614(b) of P.L. 93-380 provides that, effective for
fiscal year 1975 only, section 612 of the Education of the Handicapped
Act is amended as follows):
ALLOCATIONS OP APPROPRIATIONS
SEe'. 612. (a) Sums ap~ropniated for the fiscal `year ending June 30,
1975, shall be made available to States and allocated to each State, on
~5300,000 on and after July 1, 1975 (sec. 615(a) (1). P.L. 03-380) if state allocations
for Part Bare $45,000,000 or more (sec. 615(d). PT,, 93-380).
Effective on and after July 1, 1075, the following subsection (3) is added to see.
612(a)
"(3) No State shall, in any fiscal year, be required to expend amounts allotted `pursuant
to this section to carry out the provisions of paragr~(ph (1) of section 613(b) unless that
State receives an amount greater than the amount allotted to that State for the fiscal
year ending June 30, 1973.' (Sec. 615(a) (2), P.L. 93-380.)
PAGENO="0622"
612
the basis of unsatisfied entitlements under section. 611, in an amount
equal to the amount it received from the appropriation for this part
for the fiscal year 1974.
(b) Any sums appropriated to carry out this part for any fiscal
year which remain after allocations under subsection. (a) of this sec-
tion shall be made to States in accordance `7icith entitlements created
under section 611 (to the extent that such entitlements are unsatis-
fied) ratably reduced.
(c) In the event that funds become available for making pay-
ments under this part for any fiscal year after allocations h are been
made under subsections (a) and (b) for that year. the amounts re-
duced under subsection (b) shall be increased on. the same basis a-s
they were reduced.
STATE PLANS
SEC. 613. (a) Any State which desires to receire grants iincler this
part shall submit to the Commissioner through its State educational
agency a State plan (not part of any other plan) in such detail as the
Commissioner deems necessary. Such State plan shall-
(1) set forth such policies and procedures as will provide satis-
factory assurance that funds paid to the State under this part will
be expanded (A) either directly or through individual, or com-
binations of, local educational agencies. solely to initiate. expand.
or improve programs and projects, including preschool programs
and projects, (i) which are designec~ to meet the special educa-
tional and related needs of handicapped children throu~hout the
Sta.te, and (ii) which are of sufficient size. scope. and quality (tak-
ing into consideration thespecial educational needs of such chil-
dren) as to give reasonable promise of substantial proaress toward
meeting those needs, and (B) for the proper and efficient admin-
istration of the State plan (including State leadership activities
and consultative services), and for planning on the State and local
level: Provided, That the amount expended for such administra-
tion and planning shall not exceed 5 per centum of the amount
allotted to the State for any fiscal year or ~2OO.O1)O 2 (S35.flflI) in the
case of the Commonwealth of Puerto Rico.3 Guam. American
Samoa, the Virgin Islands. and the Trust Territory of the Pacific
Islands), whichever is greater;
(2) provide satisfactory assurance. that to the extent consistent
with the number and location of handicapped children in the State
who are enrolled in private elementary and secondary schools. pro-
vision will be made for particina.tion of such children in programs
assisted or carried out under this part:
(3) provide satisfactory assurance that. the control of funds
provided under this part.. and title to property derived therefrom.
shall be in a. public agency for the uses and purposes provided in
this part. and that a public agency will administer such funds and
property;
1 EffectIve for fiscal year 1975 only, these words are `amended to read "Is entitled to
receive nayments." (Section 614(c). P.L. 93-380.)
2 5100.000 in any veer when State allocations for Part B of the EHA are not at least
~45.000000, (~ç, 61~(c~), P,L, 9~-3SQ.)
CE~eet~ve after June 30, 1975, Puerto Rico is deleted from this listing. (Sec. 843 (b) (2),
P.L. O3-~38O.)
PAGENO="0623"
613
(4) set forth policies and procedures which provide satisfactory
assurance that Federal funds made available under this part will
be so used as to supplement and, to the extent practical, increase
the level of State, local, and private funds expended for the edu-
cation of handicapped children, and in no case supplant such
State, local and private funds;
(5) provide that effective procedures, including provision for
appropriate objective measurements of educational achievement,
will be adopted for evaluating at least annually the effectiveness
of the programs in meeting the special educational needs of, and
providing related services for, handicapped children;
(6) provide that the State educational agency will be the sole
agency for administering or supervising the administration of
the plan;
(7) provide for (A) making such reports, in such form and
containing such information, as the Commissioner may require
to carry out his functions under this part, including reports of
the objective measurements required by clause (5) of this sub-
section, and (B) keeping such records and for affording such
access thereto as the Commissioner may find necessary to assure
the correctness and verification of such reports and proper dis-
bursement of Federal funds under this part;
(8) provide satisfactory assurance that such fiscal control and
fund accounting procedures will be adopted as may be necessary
to assure proper disbursement of, and accounting for, Federal
funds paid under this part to the State, including any such funds
paid by the State to local educational agencies;
(9) provide satisfactory assurance that funds paid to the State
under this part shall not be made available for handicapped chil-
dren eligible for assistance under section 103(a) (5) of title I of
the Elementary and Secondary Education Act of 1965;
(10) provide satisfactory assurance that effective procedures
will be adopted for acquiring and disseminating to teachers of,
and administrators of programs for, handicapped children signif-
icant information derived from educational research, demonstra-
tion, and similar projects, and for adopting, where appropriate,
promising educational practices developed through such projects;
(11) contain a statement of policies and procedures which will
be designed to insure that all education programs for the handi-
capped in the State will be properly coordinated by the persons
in charge of special education programs for handicapped children
in the State educational agency;
(12) (A) establish a goal of providing full educational oppor-
tunities to all handicapped children, and (B) provide for a pro-
cedure to assure that funds expended under this part are used to
accomplish the goal set forth in (A) of this paragraph and pri-
ority in the utilization of funds under this part will he given to
handicapped children who are not receiving an education; and
(13) provide procedures for insuring that handicapped chil-
dren and their parents or guardians are guaranteed procedural
safeguards in decisions reaardin~ identification, evaluation and
educational placement of handicapped children including, but
not limited to (A) (1) prior notice to parents or guardians of the
PAGENO="0624"
G14
child when the local or State educational agency proposes to
change the educational placement of the child. (ii) an opportu-
nity for the parents or guardians to obtain an impartial due
process hearing, examine all relevant records with respect to the
classification or educational placement of the child, and obtain an
independent educational evaluation of the child, (iii) procedures
to protect the rights of the child when the parents or guardians
are not known, unavailable, or the child is a ward of the State
including the assignment of an individual (not to be an employee
of the State or local educational agency involved in the education
or care of children) to act as a surrogate for the parents or guard-
ians, and (iv) provision to insure that the decisions rendered in
the impartial due process hearing required by this paragrapn shall
be binding on all parties subject only to appropriate aclministra-
tive or judicialappeal; and (B) procedures to insure that. to the
maximum extent appropriate, handicapped children, including
children in public or private institutions or other care facilities.
are educated with children who are not handicapped. and that
special classes, separate schooling, or other removal of handi-
capped children from the regular education environment occurs
only when the nature or severity of the handicap is such that
education in regular classes with the use of supplementary aids
and services cannot be achieved satisfactorily: and (C) proce-
dures to insure the testing and evaluation materials and proce-
dures utilized for the purposes of classification and placeineiit of
handicapped children will be. selected and administered so as not
to be racially or culturally discriminatory.
(b) (1) Any State which desires to receive a grant under this part
for any fiscal year beginning after June 30. 1973. shall submit to the
Commissioner for approval not later than one veer after the enactment
of the Education of the Handicapped Amendments of 1974. through
its State educational agency an amendment to the State plan required
under subsection (a), setting forth in detail the nolicies and procedures
which the State will undertake in order to assure that-
(A) all children residing in the State who are handicapped
regardless of the severity of their handicap and who are in need of
special education and related services are identified. located, and
evaluated, including a practical method of determining which
children are currently receiving needed special education and
related services and which children are not. currently receiving
needed special education and related services;
(B). policies and Procedures will be establishedl in accordance
with detailed criteria prescribed by the Commissioner to protect
the confidentiality of such data andl information by the State;
(C) there is established (i) a goal of providinu full educa-
tional opportunities to all handicapped children. (ill a dletailed
timetable for accomplishing such a noel, and (iii~ a dlescription of
the kind and number of facibties. personnel. cud services neces-
sary throughout the State to meet such a noal: and
(D) the amendment submitted by the State pursuai~t to this
subsection shall be available to parents and other members of the
PAGENO="0625"
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general public at least thirty days prior to the date of submission
of the amendment to the Commissioner.
For the purpose of this part, any amendment to the State plan re-
quired by this subsection and approved by the Commissioner shall be
considered, after June 30, 1975, as a required portion of the State plan.
(2) The requirement of paragraph (1) of this subsection shall not
be effective with respect to any fiscal year in which the aggregate of the
amounts alloted to the States for this part for that fiscal year is less
than $45,000,000.
(c) The Commissioner shall approve any State plan which he deter-
mines meets the requirements and purposes of this part.
(d) (1) The Commissioner shall not approve any State plan pur-
suant to this section for any fiscal year unless the plan has, prior to its
submission, been made public as a separate document by the State
educational agency and a reasonable opportunity has been given by
that agency for comment thereon by interested persons (as defined
by regulation). The State educational agency shall make public the
plan as finally approved. The Commissioner shall not finally disap-
prove any plan submitted under this section or any modification
thereof, without first affording the State educational agency submit-
ting the plan reasonable notice and opportunity for a hearing.
(2) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to such State agency, finds-
(A) that the State plan has been so changed that it no longer
complies with the provisions of this part, or
(B) that in the administration of the plan there is a failure to
comply substantially with any such provision or with any require-
ments set forth in the application of a local educational agency
approved pursuant to such plan,
the Commissioner shall notify the agency that further payments will
not be made to the State under this part (or in his discretion, that fur-
ther payments to the State will be limited to programs or projects
under the State plan, or portions thereof, not affected by the failure,
or that the State educational agency shall not make further pay-
ments under this part to specified local agencies affected to the failure)
until he is satisfied that there is no longer any such failure to comply.
Until he is so satisfied, the Commissioner shall make no further pay-
ments to the State under this part (or shall limit payments to pro-
grams or projects under, or part.s of, the State plan not affected by the
failure, or payments by the State educational agency under this part
slìall be limited to local educational agencies not affected by the failure,
as the case may be).
(e) (1) If any State is dissatisfied with the Commissioner's final
action with respect to the approval of its State plan submitted under
subsection (a) or with his final action under subsection (d), such State
may, within sixty days after notice of such action. file with the United
States court of appeals for the circoit in which such State is located a
petition for review of that action. A copy of the petition shall be forth-
with transmitted by the clerk of the court to the Commissioner. The
Commissioner thereupon shall file in the court the record of the pro-
ceedings on which he based his action, as provided in section 2112 of
title 28, United States Code.
44-078 0 - 75 - 40
PAGENO="0626"
616
(2) The findings of fact by the CommissionerS if supported by sub-
stantial evidence, shall be conclusive; hut the court. for good cause
shown, may remand the case to the Commissioner to take. further evi-
dence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
to the court the record of the further proceedings. Such new or modi-
fied findings of fact shall likewise be conclusive if supported by sub-
stantial evidence.
(3) The court shall have jurisdiction to affirm the action of the Corn-
missioner or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
(20 U.S.C. 1413) Enacted April 13, 1970. P.L. 91-230. Title VL see. 613. 84
Stat. 179; amended August 21, 1974, EL. 93-380. see. 614(d) 88 Stat. 581. 582.
PAYMENTS
SEC. 614. From the amounts allotted to each State under this part,
the Commissioner shall pay to that State an amount. equal to the
amount expended by the State in carrying out its State plan.
(20 U.S.C. 1414) Enacted April 13, 1970, P.L. 01-230, Title VI, sec. 614, 84
Stat. 181.
PART C-CENTERS AND SERVICES To MEET SPECL\L ~\EEDS OF THE
HANDICAPPED
REGIONAL RESOURCE CENTERS
SEC. 621. (a) The Commissioner is authorized to make grants to
or contracts with institutions of higher education. State educational
agencies, or combinations of such agencies or institutions, which com-
binations may include one or more local educational agencies. within
particular regions of the United States. to pay all or part of the cost
of the establishment and operation of regional centers which will de-
velop and apply the best. methods of appraising the special ecluca-
tional needs of handicapped children referred to them and will provide
other services to assist in meeting such needs. Centers established
or operated under this section shall (1) provide testing and educa-
tional evaluation to determine the special educational needs of handi-
capped children referred to such centers~ (2) develoi educational
programs to meet those needs, and (3) assist. schools and other appro-
priate agencies, organizations. and institutions in providing such edu-
cational programs through services such as consultation (including.
in appropriate cases. consultation with pare1~ts or teachers of handi-
capped children at such regional centers). periodic reexamination and
reevaluation of special educational programs. audi other technical
services.
(b) In determining whether to approve an application for a proj-
ect under this section, the Commissioner shall consider the need for
such a center in the region to be served by the applicant and the
capability of the applicant to develop and apply. with the assistance
PAGENO="0627"
617
of funds under this section, new methods, techniques, devices, or
facilities relating to educational evaluation or education of handi-
capped children.
(20 U.S.C. 1421) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 621, 84
Stat. 181.
CENTERS AND SERVICES FOR DEAF-BLIND CHILDREN
SEC. 622. (a) It is the purpose of this section to provide, through
a limited number of model centers for deaf-blind children, a program
designed to develop and bring to bear upon such children, beginning
as early as feasible in life, those specialized, intensive professional and
allied services, methods, and aids that are found to be most effective
to enable them to achieve their full potential for communication with,
and adjustment to, the world around them, for useful and meaningful
participation in society, and for self-fulfillment.
(b) The Commissioner is authorized, upon such terms and condi-
tions (subject to the provisions of subsection (b) (1) of this section)
as he deems appropriate to carry out the purposes of this section, to
make grants to or contracts with public or nonprofit private agencies,
organizations, or institutions to pay all or part of the cost of estabish-
ment, including construction, which for the purposes of this section
shall include the construction of residential facilities, and operation of
centers for deaf-blind children.
(c) In determining whether to make a grant or contract under sub-
section (b), the Commissioner shall take into consideration the need
for a center for deaf-blind children in the light of the general avail-
ability and quality of existing services for such children in the part
of the country involved.
(d) (1) A grant or contract pursuant to subsection (b) shall be
made only if the Commissioner determines that there is satisfactory
assurance that the center will provide such services as he has by regu-
lation prescribed, including at least-
(A) comprehensive diagnostic and evaluative services for deaf-
blind children;
(B) a program for the adjustment. orientation, and education
of deaf-blind children which integrates all the professional and
allied services necessary therefor; and
(C) effective consultative services for parents, teachers, and
others who play a direct role in the lives of deaf-blind children
to enable them to understand the special problems of such chil-
dren and to assist in the process of their adjustment, orientation,
and education.
(2) Any such services may be provided to deaf-blind children (and,
where applicable, other persons) regardless of whether they reside in
the center, may be provided at some place other than the center, and
may include the provision of transportation for any such children
(including an attendant) and for parents.
(20 U.S.C. 1422) Enacted April 13, 1970, P.L. 91-230, Title VI, see. 622 84
Stat. 182.
PAGENO="0628"
618
EARLY EDUCATION FOR HANDICAPPED CHILDREN
SEC. 623. (a) The Commissioner is authorized to arrange by con-
tract, grant, or otherwise with appropriate public agencies and private
nonprofit organizations, for the development and carrying out by
such agencies and organizations of experimental preschool and
early education programs for handicapped children which the Com-
missioner determines show promise of promoting a comprehensive and
strengthened approach to the special problems of such children. Such
programs shall be distributed to the greatest extent possible through-
out the Nation, and shall be carried out both in urban and in rural
areas. Such programs shall include activities and services designed to
(1) facilitate the intellectual. emotional. physical. mental. social. and
language development of such children: (2) encourage the participa-
tion of the parents of such children in the development and operation
of any such program; and (3) acquaint, the community to be served
by any such program with the problems and potentialities of such
children.
(b) Each arrangement for developing or carrying out a program
authorized by this section shall provide for the effective coordination
of each such program with similar programs in the schools of the
community to be served by such a program.
(c) No arrangement pursuant to this section shall provide for the
payment of more than 90 per centum of the cost of developing, carry-
ing out, or evaluating such a program. Non-Federal contributions may
be in cash or in kind. fairly evaluated. includin~. but not limited to,
plant, equipment, and services.
(20 U.S.C. 1423) Enacted April 13, 1970. Ph 91-230, Title Vi. sec. 823. 84
Stat. 183.
RESEARCH, INNOVATION, TRAINING, AND DISSEMINATION ACTIVITIES IN
CONNECTION WITH CENTERS AND SERVICES FOR THE HANDICAPPED
SEc. 624. (a) The Commissioner is authorized. either as part of any
grant or contract under this part. or by separate grant to. or contract
with, an agency, organization. or institution operating a center or pro-
viding a service which meets such requirements as the Commissioner
determines to be appropriate, consistent with the purposes of this part,
to pay all or part of the cost of such activities as-
(1) research to identify and meet the full range of special needs
of handicapped children;
(2) development or demonstration of new. or improvemeiits in
existing, methods, approaches. or techniques. which would con-
tribute to the adjustment and education of such children:
(3) training (either directly or otherwise) of professional and
allied personnel engaged or preparing to engage in programs spe-
cifically designed for such children, including payment of stipends
for trainees and allowances for travel and other expenses for them
and their dependents; and
(4) dissemination of materials and information about Practices
found effective in working with such children.
(b) In making grants andl contracts under this section. the Commis-
sioner shall insure that the activities funded under such grants and
PAGENO="0629"
619
contracts will be coordinated with similar activities funded from
grants and contracts under other parts of this title.
(20 U.S.C. 1424) Enacted April 13, 1970, P.L.. 91-230, Title VI, sec. 024, 84
Stat. 183.
REGIONAL EDUCATION PROGRAMS
SEC. 625. (a) The Commissioner is authorized to make grants to or
contracts with institutions of higher education, including junior and
community colleges, vocational and technical institutions, and other
appropriate nonprofit educational agencies for the development and
operation of specially designed or modified programs of vocational,
technical, postsecondary, or adult education for deaf or other handi-
capped persons.
(b) In making grants or contracts authorized by this section the
Commissioner shall give priority consideration to-
(1) programs serving multistate regions or large population
centers;
(2) programs adapting existing programs of vocational, tech-
nical, postsecondary, or adult education to the special needs of
handicapped persons; and
(3) programs designed to serve areas where a need for such
services is clearly demonstrated.
(c) For purposes of this section, the term "handicapped persons"
means persons who are mentally retarded, hard of hearing, deaf,
speech impaired, visually handicapped, emotionally disturbed, crip-
pled, or in other ways health impaired and by reason thereof require
special education programming and related services.
(20 u.S.C. 1424a) Enacted Aug. 21, 1974, P.L. 93-380, sec. 016, 88 Stat. 584..
EVALUATIONS
SEC. 626. The Commissioner shall conduct, either directly or by
contract with independent organizations, a thorough and co~ntinuing
evaluation of the effectiveness of each program assisted under this
part.
(20 u.s.c. 1425) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 625, 84
Stat 183; renumbered August 21, 1974, P.L. 93-380, sec. 616, 88 Stat. 584.
AUTHORIZATION OF APPROPRIATIONS
SEC. 627. There are authorized to be appropriated to carry out the
provisions of section 621, $12,500,000 for the fiscal year ending June 30,
1975, $18,000,000 for the fiscal year endinig June. 30, 1976, and
$19,000,000 for the fiscal year ending June 30, 1977. There are thithor-
ized to be appropriated to carry out the provisions of section 622,
$15,000,000 for the fiscal year ending June. 30, 1975, $20.000,000 for the
fiscal year ending June 30, 1976, and for the succeeding fiscal year.
There are authorized to be appropriated to carry out the provisions of
section 623, $25,500,000 for the fiscal year ending June 30, 1975,
$36,000,000 for the fisca.l year ending June 30. 1976, and $38,000,000
for the fiscal year ending June 30. 1977. There are authorized to be
a.ppropriated to carry out the provisions of sec~io~ 625, $1,000,000 for
PAGENO="0630"
620
the fiscal year ending June 30, 1975, and such sums as may be necessary
for each of the two succeeding fiscal years.
(20 U.S.C. 1426) Enacted April 13, 1970, P.L. 91-230. Title VI. sec. 626. 84
Stat. 184; renumbered and amended August 21, 1974. P.L. 93-380, sec. 616 and
617, 88 Stat. 584.
PART D-TRAINING PERSONNEL FOR THE EDUCATION or THE
HANDICAPPED
GRANTS TO INSTITUTIONS OF HIGHER EDUCATION AND OTHER
APPROPRIATE INSTITUTIONS OR AGENCIES
SEC. 631. The Commissioner is authorized to make grants to institu-
tions of higher education and other appropriate nonprofit institutions
or agencies to assist them-
(1) in providing training of professional personnel to conduct
training of teachers and other specialists in fields related to the
education of handicapped children;
(2) in providing training for personnel engaged or preparing
to engage in employment as teachers of handicapped children.
as supervisors of such teachers, or as speech correctionists or other
special personnel providing special services for the education of
such children, or engaged or preparing to engage in research in
fields related to the education of such children: and
(3) in establishing and maintaining scholarships. with such
stipends and allowances as may be determined by the Commis-
sioner, for training personnel engaged in or preparing to engage
in employment as teachers of the handicapped or as related
specialists.
Grants under this subsection mac be used by such institutions to assist
in covering the cost of courses of training or study for such personnel
and for establishing and maintaining fellowships or traineeships with
such stipends and allowances as may he determined by the
Commissioner.
(20 U.S.C. 1431) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 631, 84
Stat. 184.
GRANTS TO STATE EDUCATIONAL AGENCIES
SEC. 632. The Commissioner is authorized to make grants to State
educational agencies to assist them in establishina and maintaining.
directly or through grants to institutions of higher education. pro-
grams for training personnel engaged. or preparing to engage, in em-
ployment as teachers of handicapped children or as supervisors of such
teachers. Such grants shall also be available to assist such institutions
in meeting the cost of training such personnel.
(20 U.S.C. 1432) Enacted April 13, 1970, P.L. 91-230, Title VI, see. 632, 84
Stat. 184.
GRANTS OR CONTRACTS TO IMPROVE RECRUITING OF EDUCATIONAL
PERSONNEL, AND TO IMPROVE DISSEMINATION OF INFORMATION
CONCERNING EDUCATIONAL OPPORTUNITIES FOR THE HANDIC ~PPED
SEC. 633. The Commissioner is authorized to make grants to public
or nonprofit private agencies, organizations. or institutions, or to enter
PAGENO="0631"
621
into contracts with public or private agencies, organizations, or in-
stitutions, for projects for-
(1) encouraging students and professional personnel to work in
various fields of education of handicapped children and youth
through, among other ways, developing and distributing imag-
inative or innovative materials to assist in recruiting personnel for
such careers, or publicizing existing forms of financial aid which
might enable students to Pursue such careers, or
(2) disseminating information about the programs, services,
and resources for the education of handicapped children, or pro-
viding referral services to parents, teachers, and other persons
especially interested in the handicapped.
(20 U.S.C. 1433) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 633, 84
Stat. 184.
TRAINING OF PHYSICAL EDUCATOI~S AND RECREATION PERSONNEL FOR
HANDICAPPED CHILDREN
SEC. 634. The Commissioner is authorized to make grants to insti-
tutions of higher education to assist them in providing training for
personnel engaged or preparing to engage in employment as physical
educators or recreation personnel for handicapped children or as edu-
cators or supervisors of such personnel, or engaged or preparing to
engage in research or teaching in fields related to the physical educa-
tion or recreation of such children.
(20 TJ.S.C. 1434) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 634, 84
Stat. 185.
REPORTS
SEC. 635. Each recipient of a grant. under this part during any fiscal
year shall, after the end of such fiscal year, submit a report to the
Connrnssioner. Such report shall be in such form and detail and con-
tam such information as the Commissioner determines to be appro-
priate.
(20 U.S.C. 1435) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 635, 84
Stat. 185.
AUTHORIZATION OF APPROPRIATIONS
SEC. 636. There are authorized to be appropriated for carrying out
the provisions of this part (other than section 633) $45,000,000 for
the fiscal year ending June 30, 1975. $52,000.000 for the fiscal year
ending June 30, 1976, and $54,000~00o for the fiscal year ending
June 30, 1977. There are authorized to be appropriated to carry out the
provisions of section 633, $500,000 for each of the fiscal years ending
June 30, 1975, and June 30, 1976, and $L000,000 for the fiscal year
ending June 30, 1977.
(20 U.S.C. 1436) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 636, 84
Stat. 185; amended August 21, 1974, P.L. 93-380, sec. 618, 88 Stat. 584, 585.
PART E-R.ESEARCH IN THE EDUCATION OF THE HANDICAPPED
RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF
HANDICAPpED CHILDREN
SEC. 641. The Commissioner is authorized to make grants to States,
State or local educational agencies. institutions of higher education,
PAGENO="0632"
622
and other public or nonprofit private educational or research agencies
and organizations, and to make contracts with States, State or local
educational agencies, institutions of higher education, and other public
or private educational or research agencies and organizations, for
research and related purposes and to conduct research, surveys, or
demonstrations, relating to education of handicapped children.
(20 U.S.C. 1441) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 041, 84
Stat. 185.
RESEARCH AND DEMONSTRATION PROTECTS IN PHYSICAL LifECATION
AND RECREATION FOR HANDICAPPED CHILDREN
SEC. 642. The Commissioner is authorized to make grants to States,
State or local educational agenc.ies, institutions of higher education,
and other public or nonprofit private educational or research agencies
and organizations, and to make contracts with States, State or local
educational agencies, institutions of higher education, and other public
or private educational or research agencies and organizations, for
research and related purposes relating to physical education or recrea-
tion for handicapped children~ and to conduct research. surveys, or
demonstrations relating to physical education or recreation for handi-
capped children.
(20 U.S.C. 1442) Enacted April 13, 1970 P.L. 91-230, Title VI, sec. 042, 84
Stat. 185.
PANELS OF EXPERTS
SEC. 643. The Commissioner shall from time to time appoint panels
of experts who are competent to evaluate various types of research or
demonstration proects under this part, and shall secure the advice
and recommendations of one such panel before making any grant
under this part.
(20 U.S.C. 1443) Enacted April 13. 1970, P.L. 91-230. Title VI. sec. 643.
84 Stat. 185.
AUTHORIZATION OF APPROPRIATIONS
SEC. 644. For the purpose of carrying out this part.. there are
authorized to be appropriated $15.000.000 for the fiscal year ending
June 30, 1975, $20,000~000 for each of the fiscal years ending June 30,
1976, and June 30, 1977.
(20 U.S.C. 1444) Enacted April 13. 1970. P.L. 91-230. Title VI. sec. 644, 84
Stat. 186; amended August 21, 1974, P.L. 93-380. sec. 619. 88 Stat. 585.
PART F-INSTRUCTIONAL ~IEDIA FOR THE HANDICAPPED
PEnrOSE
SEC. 651. (a) The purposes of this part are to promote-
(1) the general welfare of deaf persons by (A) bringing to such
persons understanding and appreciation of those films which play
such an important part in the general and cultural advancement
of hearing persons. (B) providing through these films enriched
educational and cultural experiences through which deaf persons
can be brought into better touch with the realities of their envi-
PAGENO="0633"
623
ronment, and (C) providing a wholesome and rewarding experi-
ance which deaf persons may share together; and
(2) the educational advancement of handicapped persons by
(A) carrying on research in the use of educational media for the
handicapped, (B) producing and distributing educational media
for the use of handicapped persons, their parents. their actual or
potential employers, and other persons directly involved in work
for the advancement of the handicapped, and (C) training persons
in the use of educational media for the instruction of the
handicapped.
(20 U.S.C. 1451) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 651, 84
Stat. 186.
CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED PERSONS
SEC. 652. (a) The Commissioner shall establish a loan service of
captioned films and educational media for the purpose of making such
materials available in the United States for nonprofit purposes to
handicapped persons, parents of handicapped persons, and other per-
sons directly involved in activities for the advancement of the handi-
capped in accordance with regulations.
(b) The Commissioner is authorized to-
(1) acquire films (or rights thereto) and other educational
media by purchase, lease, or gift;
(2) acquire by lease or purchase equipment necessary to the
administration of this part;
(3) provide, by grant or contract, for the captioning of films;
(4) provide, by grant or contract, for the dist.ribution of cap-
tioned films and other educational media and equipment through
State schools for the handicapped and SuCh other agencies as the
Commissioner may deem appropriate to serve as local or regional
centers for such distribution;
(5) prov1de, by grant or contract, for the conduct of research
in the use of educational and training films and other educational
media for the handicapped, for the production and distribution of
educational and training films and other educational media for
the handicapped and the training of persons in the use of such
films and media, including the payment to those persons of such
stipends (including allowances for travel and other expenses of
such persons and their dependents) as he may determine, which
shall be consistent with prevailing practices under comparable
federally supported programs;
(6) utilize the facilities and services of other governmental
agencies; and
(7) accept gifts. contributions, and voluntary and uncompen-
sated services of individuals and organizations.
(20 U.S.C. 1452) Enacted April 13, 1970, P.L. 91-230, Title VI, see. 652, 84
Stat. 186; amended August 21, 1974, P.L. 93-380, sec. 620, 88 Stat. 585.
NATIONAL CENTER ON EDUCATIONAL MEDIA AND MATERIALS FOR THE
HANDICAPPED
SEC. 653. (a) The Secretary is authorized to enter into an agree-
ment with an institution of higher education for the establishment
PAGENO="0634"
624
and operation of a National Center on Educational Media and
MateHals for the Handicapped. which will provide a comprehensive
program of activities to facilitate the use of new educational tech-
nology in education programs for handicapped persons. including
designing and developing, and adapting instructional materials, and
such other activities consistent with the purposes of this part as the
Secretary may prescribe in the agreement. Such agreement shall-
(1) provide that Federal funds paid to the Center will be used
solely for such purposes as are set forth in the agreement;
(2) authorize the Center, subject to the Secretary's prior
approval, to contract with public and private, agencies and orga-
nizations for demonstration projects; and
(3) provide for an annual report on the activities of the Center
which will be transmitted to the Congress.
(b) In considering proposals from institutions of higher education
to enter into an agreement under this subsection, the Secretary shall
give preference to institutions-
(1) which have demonstrated the capabilities necessary for the
development and evaluation of educational media for the handi-
capped; and
(2) which can serve the educational technology needs of the
Model High School for the Deaf (established under Public Law
89-694).
(20 U.S.C. 1453) Enacted April 13, 1970, P.L. 91-230. Title 11, see. 053, 84
Stat. 187.
AUTHORIZATION OF APPROPRIATIONS
SEC. 654. For the purposes of carrying out this l)art there are hereby
authorized to be appropriated not to exceed $18.000.000 for the fiscal
year ending June 30, 1975. and $22.000.000 for the fiscal year ending
June 30, 1976, and for each succeeding fiscal year thereafter.
(20 U.S.C. 1454) Enacted April 13, 1970, FL. 91-230. Title Yl. see. 054. 34
Stat. 187; amended August 21, 1974, P.L. 93-380, sec. 020(2). 88 Stat. 585.
PART G-SPECIAL PROGRAMS ron ChILDREN WITH SPECU'IC
LEARNING DISALILITIES
RESEARCH, TRAINING, AND MODEL CENTERS
SEC. 661. (a) The Commissioner is authorized to make grants to,
and contracts with, institutions of higher education. State ~uid local
educational agencies, and other public and Private educational and
research agencies and organizations (except that no grant shall be
made other than to a. nonprofit agency or organization) in order to
carry out a program of-
(1) research and related purposes relating to the education of
children with specific learning disabilities;
(2) professional or advanced training for educational per-
sonnel who are teaching, or are preparing to be teachers of. chil-
dren with specific learning disabilities, or such training for per-
sons who are, or are preparing to be, supervisors and teachers of
such personnel; and
(3) establishing and operating model centers for the improve-
ment of education of children with specific learning disabilities.
which centers shall (A) provide testing arid educational evalua-
PAGENO="0635"
625
tion to identify children with learning disabilities who have been
referred to such centers, (B) develop and conduct model pro-
grams designed to meet the special educational needs of such
children, (C) assist appropriate educational agencies, organiza-
tions, and institutions in making such model programs available
to other children with learning disabilities, and (D) disseminate
new methods or techniques for overcoming learning disabilities
to educational institutions, organizations, and agencies within the
area served by such center and evaluate the effectiveness of the
dissemination process. Such evaluations shall be conducted an-
nually after the first year of operation of a center.
In making grants and contracts under this section the Commissioner
shall give special consideration to applications which prolose innova-
tive and creative approaches to meeting the educational needs of
children with specific learning disabilities, and those which emphasize
the prevention and early identification of learning disabilties.
(b) In making grants and controls under this section, the Commis-
sioner shall-
(1) for the purposes of clause (2) of subsection (a), seek to
achieve an equitable geographical distribution of training pro-
grams and trained personnel throughout the Nation, and
(2) for the purposes of clause (3) of subsection (a), to the ex-
tent feasible, taking into consideration the appropriations pur-
suant to this section, seek to encourage the establishment of a
model center in each of the States.
(c) For the purpose of making grants and contracts under this
section there are authorized to be appropriated $10,000,000 for the
fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years
ending June 30, 1976, and June 30, 1977.
(20 U.S.C. 1401) Enacted April 13, 1970, P.L. 91-230, Title VT, sec. 001, 84 Stat.
187, 188; amended August 21, 1974, P.L. 93-380, sec. 021, 88 Stat. 585.
REPEALER
SEC. 662. Effective July 1, 1971, the following provisions of law are
repealed:
(1) That part of section 1 of the Act of September 2, 1958
(Public Law 85-905), which follows the enacting clause and sec-
tions 2,3, and 4 of such Act;
(2) The Act of September 6, 1958 (Public Law 85-926)
(3) Title VI of the Elementary and Secondary Education Act
of 1965 (Public Law 89-10)
(4) Titles III and V of the Act of October 31, 1963 (Public
Law 88-164); and
(5) The Act of September 30, 1968 (Public Law 90-538).
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
AN ACT To provide for the establishment and operation of a National Technical
Institute for the Deaf
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "National Technical Institute for the Deaf Act".
(20 U.S.C. 681 note) Enacted June 8, 1965, P.L. 89-36, sec. 1, 79 Stat. 125.
PAGENO="0636"
626
AUTHORIZATION OF APPROPRIATIONS
SEc. 2. For the purpose of providing a residential facility for post-
secondary technical training and education for persons who are deaf
in order to prepare them for successful employment, there are author-
ized to be appropriated for each fiscal year such sums as may he neces-
sary for the establishment and operation. including construction and
equipment, of a National Technical Institute for the Deaf. including
sums necessary for the acquisition of property. both real and personal,
and for the construction of buildings and other facilities for such
Institute.
(20 U.S.C. 081) Enacted June 8, 1065, P.L. 89-30, sec. 2 70 Stat. 125.
DEFINITIONS
SEc. 3. As used in this Act-
(a) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(b) The term "institution of higher education" means an educa-
tional institution in any State or in the District of Columbia which
(1) admits as regular students only persons having a certificate of
graduation from a. school providmg secondary education. or the recog-
nized equivalent of such a certificate, (2) is legally authorized within
such State (or in the District of Columbia) to provide a program of
education beyond secondary education. (3) provides an e clucati onal
program for which it awards a bachelor's degree. (4) includes one or
more professional or graduate schools. (5) is a public or nonprofit
private institution, and (6) is accredited by a nationally recognized
accrediting agency or association. For purposes of this subsection, the
Commissioner of Education shall publish a list of nationally recog-
nized accrediting agencies or associations which he determines to be
reliable authority as to the quality of training offered.
(c) The terni "construction" includes construction and initial equip-
ment of new buildings, expansion. remodeling. and alteration of
existing buildings and equipment thereof. and acquisition of land;
including architect's services. but excluding off-site improvements.
(20 U.S.C.082) Enacted June S. 1905. P.L. 59-30. sec. 3, 79 Stat. 125.
PROPOSALS
SEC. 4. Any institution of higher education which desires to enter
into an agreement with the Secretary to establish and operate a Na-
tional Technical Institute for the Deaf shall submit a l)ropOsal there-
for at such time, in such manner. and cdntaining such information as
may be prescribed by the Secretary.
(20 U.S.C. 083) Enacted June 8, 1905, P.L. 89-30, sec. 4. 79 Stat. 125.
AGREEMENT TO ESTABLISH INSTITUTE
SEC. 5. (a) The Secretary, after consultation with the National
Advisory Board created bl section 6, is authorized to enter into an
agreement with an institution of higher education for the esablish-
mont and~ operation, inclñding construction and equipment, of a Na-
PAGENO="0637"
627
tional Technical Institute for the Deaf. The Secretary, in considering
proposals from institutions of higher education to enter into an agree-
ment under this Act, shall give preference to institutions which are
located in metropolitan industrial areas.
(b) The agreement shall-
(1) provide that Federal funds appropriated for the benefit
of the Institute will be used only for the purposes for which paid
and in accordance with the applicable provisions of this Act and
the agreement made pursuant thereto;
(2) provide that the Board of Trustees or other governing
body of the institution, subject to the approval of the Secretary,
will appoint an advisory group to advise the Director of the
Institute in formulating and carrying out the basic policies gov-
erning its establishment and operation, which group shall include
persons who are professionally concerned with education and
technical training at the post secondary school level, persons who
are professionally concerned with activities relating to education
and training of the deaf, and members of the public familiar with
the need for services provided by the Institute;
(3) provide that the Board of Trustees or other governing body
of the institution will make an annual report to the Secretary.
The Secretary shall transmit the report of the institution to the
Congress with such comments and recommendations as he niay
deem appropriate;
(4) include such other conditions as the Secretary, after con-
sultation with the National Advisory Board, deems necessary to
carry out the purposes of this Act: and
(5) provide that any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
construction aided by Federal funds appropriated, for the benefit
of the Institute will be paid wages at rates not less than those
prevailing on similar construction in the locality as determined
by the Secretary of Labor in accordance with the Davis-Bacon
Act, as amended (40 TJ.S.C. 276a-276a--5); and the Secretary of
Labor shall have, with respect to the labor standards specified in
this paragraph, the authority and functions set forth in Reorga-
nization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 TJ.S.C.
133z-15) and section 2 of the Act of June 13, 1934, as amended
(40 U.S.C. 276c).
(c) If within twenty years after the completion of any construction
(except minor remodeling or alteration) for which such funds have
been paid-
(A) the facility ceases to be used for the purposes for which it
was constructed or the agreement is terminated, unless the Secre-
tary determines that there is good cause for releasing the institu-
tion from its obligation, or
(B) the institution ceases to be the owner of the facility,
the United States shall be entitled to recover from the applicant or
other owner of the facility an amount which bears to the then value
of the facility the same ratio as the amount of such Federal funds
bore to the cost of the facility financed with the aid of such funds.
Such value shall be determined by agreement of the parties or by
PAGENO="0638"
628
action brought in the United States district court for the district in
which the facility is situated.
(20 U.S.C. 684) Enacted June 8, 1965, P.L. 89-30, sec. 5. 79 Stat. 126.
NATIONAL ADVISORY BOARD ON ESTABLISHMENT OF THE NATIONAL
TECHNICAL INSTITUTE FOR THE DEAF
SEc. 6. (a) There is hereby established a National Advisory Board
on Establishment of the National Technical Institute for the Deaf,
which shall consist of twelve persons, not regular full-time employees
of the United States, appointed by the Secretary without regard to
the civil service laws. The Secretary shall appoint one of the mem-
bers to serve as Chairman. The appointed members shall be selected
from among leaders in fields related to education and training of the
deaf and other fields of education, and from members of the public
familiar with the Reed for services piovicled by the. Institute. The
Commissioner of Education and the Commissioner of Vocational Re-
habilitation shall be cx officio members of the Board.
(b) Members of the Board, while serving on business of the Board,
shall be entitled to receive compensation at rates fixed by the Secre-
tary, but not exceeding $100 per day, including travel time, and while
so serving away from their homes or regular places of business, they
may be allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by section 5 of the Administrative Expenses
Act of 1946 (5 U.S.C. 73b-2) for persons iii the Government service
employed intermittently.
(c) It shall be the function of the Board (1) to review Pr0Po5~1~
from institutions of higher education which offer to enter into an
agreement with the Secretary for the construction and operation of
a. National Teclmical Institute for the Deaf, (2) to make recommenda-
tions to the Secretary with respect to such propostils, and (3) to make
such other recommendations to the Secretary concerning the estal)lish-
ment and operation of the National Technical Institute as may be
appropriate.
(ci) After the Secretary enters into an agreement under this Act,
the Board shall cease to exist.
(20 U.S.C. 6S5) Enacted June S. 1965. P.L. 89-36. sec. 0. 79 Stat. 127.
Model Secondary School for the Deaf
(P.L. 89-694)
AN ACT To authorize the establishment and operation by Gallaudet College
of a model secondary school for the deaf to serve the National Capital region
Be it enacted in,' the Senate and House of Repie~entathes of the
United States of America in Congress assenm.bled. That this Act. may
be cited as the "Model Secondary School for the Deaf Act".
AUTHORIZATION OF APPROPRIATIONS
SEC. 2. For the purpose of providlinQ cIa and residentjal facilities
for secondary education for persons who are deaf in order to prepare
them for college and other adivanceci study. and to provide ~In ex-
emplary secondary school program to stimulate the development of
similarly excellent programs throughout the Nation. there are author-
ized to be appropriated for each fiscal year such sums as may be
PAGENO="0639"
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necessary for the establishment and operation, including construction
and equipment, of a model secondary school for the deaf to serve
primarily residents of the District of Columbia and of nearby States,
including sums necessary for the construction of buildings and other
facilities for the school.
(31 D.C. Code 1051) Enacted Oct. 15, 1966, P.L. 89-694, sec. 2, 80 Stat. 1027.
DEFINITIONS
SEC. 3. As used in this Act-
(a) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(b) The term "construction" includes construction and initial equip-
ment of new buildings, expansion, remodeling, and alteration of exist-
ing buildings and equipment thereof, including architect's services,
but ex~luding off-site improvements.
(c) The term "secondary school" means a school which provides
education in grades nine through twelve, inclusive.
(31 D.C. Code 1052) Enacted Oct. 15, 1966, P.L. 89-694, sec. 3, 80 Stat. 1027.
AGREEMENT WITH GALLAUDET COLLEGE TO ESTABLISH MODEL SECONDARY
SCHOOL
SEC. 4. (a) The Secretary, after consultation with the National Ad-
visory Committee on Education of the Deaf (created by Public Law
89-258, 42 U.S.C. 2495) is authorized to enter into an agreement with
Gallaudet College for the establishment and operation, including con-
struction and equipment of a model secondary school for the deaf to
serve primarily residents of the District of Columbia and of nearby
States.
(b) The agreement shall-
(1) provide that Federal funds appropriated for the benefit of
the model secondary school will be used only for the purposes for
which paid and in accordance with the applicable provisions of
this Act and the agreement made pursuant thereto;
(2) provide for utilization of the National Advisory Commit-
tee on Education of the Deaf to advise the college in formulating
and carrying out the basic policies governing the establishment
and operation of the model secondary school;
(3) provide that the college will make an annual report to the
Secretary;
(4) provide that in the design and construction of any facilities,
maximum attention will be given to excellence of architecture and
design, works of art, and innovative auditory and visual devices
and installations appropriate for the educational functions of
such facilities;
(5) include such other conditions as the Secretary, after consul-
tation with the National Advisory Committee on Education of
the Deaf, deems necessary to carry out the purposes of this Act;
and
(6) provide that any laborer or mechanic employed by any con-
tractor or subcontractor in the performance of work on any con-
struction aided by Federal funds appropriated for the benefit of
the model secondary school will be paid wages at rates not less
PAGENO="0640"
630
than those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5) : and the
Secretary of Labor shall have, with respect th the labor standards
specified in this paragraph, the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5
U.S.C. 133z-15) and section 2 of the Act of June 13. 1934. as
amended (40 TJ.S.C. 276c)
(c) The Secretary shall submit the annual report of the college
(required by clause (3) of subsection (h)) to the Congress with such
comments and recommendations as he may deem appropriate.
(31. D.C. Code 1053) Enacted Oct. 15, 1966, P.L. 89-094, sec. 4, SO Stat. 1027.
GALLAUDET COLLEGE
AN ACT To amend the charter of the Columbia Institution for the Deaf. change
its name, define its corporate powers, and provide for its organization and
administration, and for other purposes
Be it enacted hij the Senate and Ho?se of Repvesentati~'es o~ the
United States of America in Con gi'ess assembled, That. ihe Columbia
Institution for the Deaf, created a body corporate by the Act of Con-
gress approved February 16, 1857, as amended. is hereby continued as
a body corporate under the name of Gallaudet College, and hereafter
by such name shall be known and have perpetual succession and shall
have the powers and be subject to the limitations contained in this Act.
(D.C. Code 31-1025) Enacted June 18, 1954, P.L. 420, 83rd Cong.. sec. 1. 68
Stat. 265.
SEC. 2. The purposes of Gallaudet College shall be to provide educa-
tion and training to deaf persons and otherwise to further the educa-
tion of the deaf.
(D.C. Code 31-1026) Enacted June 15, 1954. P.L. 420. 8.3rd Cong.. sec. 2. 68
Stat. 265. S
SEC. 3. (a) Subject to the provisions of subsection (b). Gallaudet
College is hereby invested with all the property and the rights of
property, and shall have and be entitled to use all authority, privileges,
and possesslons and all legal rights which it has. or which it had or
exercised under any former name, including the right to sue and lie
sued and to own. acquire, sell, mortgage, or otherwise dispose of
property it may own now or hereafter acquire. Gallaudet College
shall also be subject to all liabilities and obligations now outstanding
against said corporation under any former name.
(b) With the approval of the Secretar of Health. Education, and
Welfare the Board of Directors of Gallaudet Collece may convey fee
snnple title by deed. convey by quitclaim deed. mortgage. or otherwise
disnose of any or all real property title to which is vested in Gallauclet
College, the Columbia Institution for the Deaf, or any predecessor
corporation: Provided. That the proceeds of any such disposition shall
be considered a part of the capital structure of the corporation. and
may be used solely for the accuiisition of real estate for the use of the
corporation, for the construction. equipment. or improvement of
buildings for such use, or for investment purpo~s but if invested
only the income from the investment may be used for current ex-
penses of the corporation.
PAGENO="0641"
631
(D.C. Code 31-1027) Enacted June 18, 1954, P.L. 420, 83rd Cong., sec. 3, 68
Stat. 265; amended Sept. 13, 1960, P.L. 86-776, sec. 4, 74 Stat. 917.
SEC. 4. Gallaudet College is authorized to receive by gift, devise,
bequest, purchase, or otherwise, property, both real and personal, for
the use of said Gailaudet College, or for the use of any of its depart-
ments or other units as may be designated in the conveyance or will,
and to hold, invest, use, or dispose of such property for such purpose.
(D.C. Code 31-1028) Enacted June 18, 1954, P.L. 420, 83rd Cong., Sec. 4, 68
Stat. 265.
SEC. 5. Gallaudet College shall be under the direction and control
of a Board of Directors composed of thirteen members selected as
follows: (1) Three public members of whom: one shall be a United
States Senator appointed by the President of the Senate; two shall be
Representatives appointed by the Speaker of the House of Representa-
tives; (2) ten other members, all of whom shall be elected by the
Board of Directors, who on the effective date of this Act shall include
those persons serving as nonpublic members of the Board of Directors
of the Columbia Institution for the Deaf immediately prior to such
date, and of whom one shall be elected pursuant to regulations of the
Board of Directors on nomination by the Gallaudet College Alumni
Association for a term of three years. The members appointed from
the Senate and House of Representatives shall be appointed for a
term of two years at the beginning of each Congress, shall be eligible
for reappointment, and shall serve until their successors are appointed.
The Board of Directors shall have the power to fill any vacancy in the
membership of the Board except for public members. Seven directors
shall be a quorum to transact business. The said Board of Directors,
by vote of a majority of its membership, shall have power to remove
any member of their body (except the public members) who may
refuse or neglect to discharge the duties of a director, or whose removal
would, in the judgment of said majority, be to the interest and welfare
of said corporation.
(D.C. Code 31-1029) Enacted June 18, 1954, P.L. 420, 83rd Cong., sec. 5, 68
Stat. 266.
SEC. 6. The Board of Directors shall have the power to-
(a) make such rules, regulations, and bylaws, not inconsistent
with the Constitution and laws of the United States, as may be
necessary for the good government of Gallaudet College, for the
management of the property and funds of such corporation and
for the admission, instruction, care, and discharge of students;
(b) provide for the adoption of a corporate seal and for its
use;
(c) fix the date of holding their annual and other meetings;
(d) appoint a president, professors, instructors, and other
necessary employees for Gallaudet College, delegate to them such
duties as it may deem advisable, fix their compensation, and re-
move them when, in their judgment, the interest of Gallaudet
College shall require it;
(e) elect a chairman and other officers and prescribe their duties
and terms of office, and appoint an executive committee to consist
of five members, and vest the committee with such of its powers
during periods between meetings of the Board as the Board deems
necessary;
44-078 0 - 75 - 41
PAGENO="0642"
632
(f) establish such departments and other units, including a
department of higher learning for the deaf, a department of
elementary education for the instruction of deaf children, a grad-
uate department, and a research department, as the Board deems
necessary to carry out the purpose of Gallaudet College;
(g) confer such degrees and marks of honor as are conferred
by colleges and universities generally, and issue such diplomas
and certificates of graduation as, in it.s opinion, may be deemed
advisable, and consistent with academic standards;
(h) subject to the provisions of section 7, control expenditures
of all moneys appropriated by Congress for the benefit of Gallau-
det College; and
(i) control the expenditure and investment of any moneys or
funds or property which Gailaudet College may have or may
receive from sources other than appropriations by Congress.
(D.C. Code 31-1030) Enacted June 18, 1954, P.L. 420, 83rd Cong., sec. 6, 68
Stat. 266.
SEc. 7. (a) All financial transactions and accounts of the corpora-
tion in connection with the expenditure of any moneys appropriated
by any law of the United States for the benefit of Gallaudet College
or for the construction of facilities for its use. shall be settled and
adjusted in the General Accounting Office.
(b) It shall be the duty of the Board of Directors of Gallaiidet Col-
lege to have made annually a report to the Secretary of Health. Edu-
cation, and Welfare as soon as practicable after the first day of July
of each year the condition of the corporation, embracing in said report
the number of students of each description received and discharged
during the preceding school year and the. number remaining, also the
branches and type of training and education taught and progress
made therein, together with a statement showing the receipts of said
corporation ancT from what sources, and its expenditures and for what
objects.
(D.C. Code 31-1031) Enacted June 19, 1954. P.L. 420. 83rd Cong.. see. T. 68
Stat. 266.
SEC. 8. There are hereby authorized to be appropriated such sums
as the Congress may determine necessary for the administration, op-
eration, maintenance, and improvement of Gallaudet College, includ-
ing sums necessary for student a.id and research, for the acquisition
of property, both real' and personal, and for the construction of build-
ings and other facilities for the use of said corporation.
(D.C. Code 31-1032) Enacted June 18. 1954, P.L. 420. 8.3rd Cong.. sec. 8, 68
Stat. 266.
SEC. 9. (a) The following statutes or parts of statutes are hereby
repealed:
Sections 4859, 4860, 4861, 4862, 4863, 4865. 4866, 4868, and 4869
of the Revised Statutes of the United States, and all amendments
thereto (31 D.C. Code. 1951 edition, secs, 1001, 1003, 1004, 1005, 1006,
1012, 1015, 1017, and 1019).
Chapter 52, volume 13, Statutes at Large, page 45 (31 D.C. Code,
1951 edition, sec. 1002).
The first and second provisos at the end of the. third paragraph
under the heading "Columbia Institution for the Deaf and Dumb" in
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633
the Act approved June 10, 1872, chapter 415, volume 17, Statutes
at Large, page 347, which appear at page 360 and read as follows:
"Provided, That before the expenditure of any part of this appro-
priation, by proper deeds of conveyance, to be approved by the At-
torney General of the United States, all the real estate now owned
by the said Columbia Institution for the Deaf and Dumb shall be
vested in the United States, as trustee, for the sole use and purpose
provided in the Act entitled `An Act to incorporate the Columbia
Institution for the Instruction of the Deaf, Dumb, and Blind,' ap-
proved February 16, 1857, and the several Acts amendatory thereof:
Provided, That, whenever Congress shall so determine, any part of
said estate may be sold, and so much of the proceeds thereof as shall
be needful for the purpose shall be applied to reimburse the United
States for the expenditure herein provided.".
The proviso at the end of the first paragraph under the heading
"Columbia Institution for the Deaf and Dumb" in chapter 235, volume
21, Statutes at Large, page 259, which appears at pages 275 and 276
and which reads as follows: "Provided, Tha.t when any indigent appli-
cant for admission to the institution, belonging to the District of
Columbia, and being of teachable age, is found on examination by the
president of the institution to be of feeble mind, and hence incapable
of receiving instruction among children of sound mind, the Secre-
tary of the Interior may cause such person to be instructed in some in-
stitution for the education of feeble-minded children in Pennsylvania,
or some other State, at a cost not greater for each pupil than is, or may
be for the time being, paid by such State for similar instruction, and
the sum necessary therefor is appropriated out of the sum above pro-
vided for current expenses of the institution."; together with the
amendment thereto at the end of the last paragraph under the heading
"Columbia Institution for the Deaf and Dumb" in chapter 837, volume
26, Statutes at Large, page 371, which appears at page 393 and which
reads as follows: "and hereafter the estimates for this expense shall
each year be submitted in the annual estimates for the expenses of the
government of the District of Columbia" (31 D.C. Code, 1951 edition,
sec. 1009).
The second proviso at the end of the first paragraph under the
heading "Columbia Institution for the Deaf and Dumb" in chapter
143, volume 22, Statutes at Large, page 603, which appears at pages
625 and 626 and which reads as follows: "Provided further, That
hereafter the report of said institution shall contain an itemized state-
ment of all employees, the salaries or wages respectively, each of them,
and also of all other expenses of said institution" (31 D.C. Code, 1951
edition. sec. 1018).
The last clause of the first proviso and all of the second proviso at
the end of the first paragraph under the heading "Columbia Institu-
tion for the Deaf and Dumb" in chapter 837, volume 26, Statutes at
Large, page 371, which appears at page 393 and which reads as fol-
lows: "and hereafter there shall not be admitted to said institution
under section forty-eight hundred and sixty-five of the Revised Stat-
utes, nor shall there be maintained after such admission, at any one
time from any State or Territory exceeding three deaf-mutes while
there are applications pending from deaf-mutes, citizens of States or
Territories having less than three pupils in said institution: Provided
PAGENO="0644"
634
further, That hereafter there shall be included in the annual Book of
Estimates a statement showing the number of persons employed each
year in this institution and the compensation paid to each" (31 D.C.
Code, 1951 edition, secs. 1013 and 1014).
The proviso at the end of the first paragraph under the heading
"Current expenses of the Columbia Institution for the Deaf and
Dumb" in chapter 546, volume 30, Statutes at Large, page 597, which
appears at page 624 and which reads as follows: "P2~o a k/cc!. That direc-
tors appointed under the provisions of section forty-eight hundred
and sixty-three of the Revised Statutes of the United States shall
remain in office until the appointment and acceptance of office of their
successors; and the directors of the institution shall have control of
the disbursement of all moneys appropriated by Congress for the
benefit of said institution, accounts for which shall be settled and
adjusted at the Treasury Department as required by the provisions of
section two hundred and thirty-six of the Revised Statutes" (31 D.C~
Code, 1951 Ed., sec. 1007).
(b) All other laws and parts of laws, or of the charter heretofore
granted, as amended, which are in conflict with this Act are hereby
repealed.
Enacted June 18, 1954, P.L. 420, 83rd Cong., sec. 9, 68 Stat. 266; amended
Sept. 13, 1960, P.L. 86-776, sec. 3, 74 Stat. 917.
AN ACT To cancel a deed of trust to the United States froni the predecessor in
name of Gaflaudet College and any evidences of indebtedness related to the
same transaction, to quiet the colleges title to property belonging to it. and
for other purposes
Be it enacted by the Senate and House of Re~mese?? tatives of the
United States of America in Congress assembled. That (a) as used
in this Act, the term "Institution" means the Columbia Institution for
the Instruction of the Deaf and Dumb (also known as Columbia
Institution for the Deaf and Dumb and. later. as the Columbia Insti-
tution `fOr the Deaf). which was continued as a body corporate under
the name of Gallandet College by the Act approved June 18. 1954
(68 Stat. 265, Public Law 420. 83d Cong. ch. 324).
(b) All property conveyed by the Institution to the United States.
as trustee, fifirsuant to certain provisos under the heading "Columbia
Institution for the Deaf and Dumb" in the Act of June 10. 1812. Forty-
second Cona~ress, second session (17 Stat. L. 347. at 360). by deed dated
June 20, 1872, and recorded in liber 752. folio 272. of the land records
for the District of Columbia, and all property otherwise made subject
to such deed of trust, is hereby given granted, remised. released. and
quitclaimed unto Gallaudet Colle~e. free and clear of aiiv trust, lien.
encumbrance, or indebtedness arising out of said deed or under the
said Ac.t of June 10. 1872. and the college is forever discharged from
the obligation of repayment. to the United States. of the sum referred
to in said Act and in said deed. or in any note or other evidence of
indebtedness executed in connection therewith.
(D.C. Code 31-1033) Enacted Sept. 13, 1960, P.L. 86-776, sec. 1. 74 Stat. 916.
SEC. 2. The `said deed, and any note or other evidence of indebted-
ness executed in connection therewith, and all original papers with
respect thereto, shall be delivered by the Administrator of General
PAGENO="0645"
635
Services (or any other officer of the TTnited States having custody
thereof) to the Secretary of Health, Education, arid Welfare (or his
designee) and shall by the Secretary (or his designee) be canceled
and returned to Gallaudet College for its historical records.
(D.C. Code 31-1034) Enacted Sept. 13, 1960, P.L. 86-776, sec. 2, 74 Stat. 917.
SEC.3. * * *
(NOTE-This section amended seetion 9 of P.L. 420, 83rd Congress. The lan-
guage of this section reflects the amendment.)
SEC. 4. * * *
(N0TE.-This section amended section 3 of P.L. 420, 83rd Congress. The lan-
guage of this section reflects the amendment.)
KENDALL SchooL
(P.L. 91-587)
AN ACT To modify andenlarge the authority of Gallaudet College to maintain
and operate the Kendall School as a demonstration elementary school for the
deaf to serve primarily the National Capital region, and for other purposes.
Be it enacted b'!,' the Senate and House of Representatives of the
United States of America in Congress assembled. That for the purpose
of providing day and residential facilities for elementary education
for persons who are deaf in order to prepare them for high school and
other secondary study, and to provide an exemplary educational pro-
gram to stimulate the development of similar excellent programs
throughout the Nation, the directors of Gallaudet College are author-
ized to maintain and operate Kendall School as a demonstration ele-
mentary school for the deaf, to serve primarily residents of the
National Capital region.
SEC. 2. As used in this Act-
(a) The term "elementary school" means a school which provides
education for deaf children from the age of onset of deafness to age
fifteen, inclusive, but not beyond the eighth grade or its equivalent.
(b) The term "construction" includes construction and initial equip-
ment of new buildings, and expansion, remodeling, and alteration of
existing buildings and equipment thereof, including architect's serv-
ices, but excluding off-site improvements.
AUTHORIZATION OF APPROPRIATIONS
SEC. 3. (a) There are authorized to be appropriated for each fiscal
year such sums as may be necessary for the estahlishme'~t a~id opera-
tion, including construction and equipment, of the demonstration
elementary school provided for in section 1.
(b) Federal funds appropriated for the benefit of the school shall
be used only for the purposes for which paid and in accordance with
the applicable provisions of this Act.
SEC. 4. Tn the design and construction of any facilities, maximum
attention shall be given to excellence of architecture and design, works
of art, and innovative auditory and visual devices and installations
appropriate for educational functions of such facilities.
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APPENDIX-TEXT OF SELECTED STATUTES
National Sea Grant College and Program Act of 1966
(P.L. 89-688)
AN ACT To amend the Marine Resources and Engineering Development Act of
1966 to authorize the establishment and operation of sea grant colleges and
programs by initiating and supporting programs of education and research in
the various fields relating to the developing of marine resources, and for other
purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, * * *
TITLE IT-SEA GRANT COLLEGES AND PROGRAMS
SHORT TITLE
SEC. 201. This title may be cited as the "National Sea Grant College
and Program Act of 1966."
DECLARATION OF PURPOSE
SEC. 202. The Congress hereby finds and declares-
(a) that marine resources, including animal and vegetable life
and mineral wealth, constitute a far-reaching and largely un-
tapped asset of immense potential significance to the United
States; and
(b) that it is in `the national interest of the United States to
develop the skilled manpower, including scientists, engineers, and
technicians, and the facilities and equipment necessary for the
exploitation of these resources; and
(c) that aquaculture, as with agriculture on land, and the gain-
ful use of marine resources can substantially benefit the United
States, and ultimately the people of the world, by providing
greater economic opportunities, including expanded employment
and commerce; the enjoyment and use of our marine resources;
new sources of food; and new means for `the development of ma-
rine resources; and
(d) that Federal support toward the establishment, develop-
ment, and operation of programs by sea grant colleges and Federal
support of other sea grant programs designed to achieve the
gainful use of marine resources, offer the best means of promoting
programs toward the goals set forth in clauses (a), (b), and (c),
and should be undertaken by the Federal Government; and
(e) that in view of the importance of achieving the earliest
possible institution of signifleant national activities related to the
(637)
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de;elopment of marine resources, it is the purpose of this title to
provide for the establishment of a program of sea grant colleges
and education, training, and research in the fields of marine sci-
ence, engineering, and related disciplines.
GRANTS AND CONTRACTS FOR SEA GRANT COLLEGES AND PROGRAMS
SEC. 203. (a) The provisions of this title shall be administered by
the National Science Foundation (hereafter in this title referred to as
the "Foundation").
(b) (1) For the purpose of carrying out this title, there is author-
ized to be appropriated to the Foundation for the fiscal year ending
June 30, 1967, not to exceed the sum of $5,000,000, for the fiscal year
ending June 30, 1968, not to exceed the sum of $15,000,000 and for each
subsequent fiscal year only such sums as the Congress may hereafter
specifically authorize by law.
(2) Amounts appropriated under this title are authorized to remain
available until expended.
MARINE RESODTRCES
SEC. 204. (a) In carrying out the provisions of this title, the
Foundation shall (1) consult with those experts engaged in pursuits
in the various fields related to the development of marine resources
and with all departments and agencies of the Federal Government (in-
cluding the United States Office of Education in all matters relating to
education) interested in, or affected by, activities in any such fields,
and (2) seek advice and counsel from the National Council on Marine
Resources and Engineering Development as provided by section 205
of this title.
(b) The Foundation shall exercise its authority under this title by-
(1) initiating and supporting programs at sea grant colleges
and other suitable institutes, laboratories, and public or private
agencies for the education of participants in the various fields
relating to the development of marine resources;
(2) initiating and supporting necessary research programs in
the various fields relating to the development of marine resources,
with preference given to research aimed at practices. techniques,
and design of equipment applicable to the development of marine
resources; and
(3) encouraging a.nd developing programs consisting of in-
struction, practical demonstrations, publications, and otherwise,
by sea grant colleges and other suitable institutes, laboratories,
and public or private agencies through marine advisory programs
with the object of imparting useful information to persons cur-
rently employed or interested in the various fields related to the
development of marine resources, the scientific community, and
the general public.
(c) Programs to carry out the purposes of this title shall be accom-
plished through contracts with, or grants to, suitable public or private
institutions of higher education, institutes, laboratories, and public or
private agencies which are engaged in, oi~ conceined with, activities
in the vai'ious fields related to the development of marine resources, for
the establishment and operation by them of such program~.
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639
(d) (1) The total amount of payments in any fiscal year under any
grant to or contract with any participant in any program to be carried
out by such participant under this title shall not exceed 662/3 per
centum of the total cost of such program. For purposes of computing
the amount of the total cost of any such program furnished by any
participant in any fiscal year, the Foundation shall include in such
computation an amount equal to the reasonable value of any buildings,
facilities, equipment, supplies, or services provided by such partici-
pant with respect to such program (but not the cost or value of land
or of Federal contributions).
* (2) No portion of any payment by the Foundation to any par-
ticipant in any program to be carried out under this title shall be
applied to the purchase or rental of any land or the rental, purchase,
construction, preservation, or repair of any building, dock, or vessel.
(3) The total amount of payments in any fiscal year by the Founda-
tion to participants within any State shall not exceed 15 per centum of
the total amount appropriated to the Foundation for the purposes of
this title for such fiscal year.
(e) In allocating funds appropriated in any fiscal year for the
purposes of this title the Foundation shall endeavor to achieve maxi-
mum participation by sea grant colleges and other suitable institutes,
laboratories, and public or private agencies throughout the United
States, consistent with the purposes of this title.
(f) In carrying out its functions under this title, the Foundatioh
shall attempt to support programs in such a manner as to supplement
and not duplicate or overlap any existing and related Government
activities.
(g) Except as otherwise provided in this title, the Foundation
shall, in carrying out its functions under this title, have the same
powers and authority it has under the National Science Foundation
Act of 1950 to carry out its functions under that Act.
(h) The head of each department, agency, or instrumentality of
the Federal Government is authorized, upon request of the Founda-
tion, to make available to the Foundation, from time to time, on a
reimbursable basis, such personnel, services, and facilities as may be
necessary to assist the Foundation in carrying out its functions under
this title.
(i) For the purposes of this title-
(1) the term "development of marine resources" means scien-
tific endeavors relating to the marine environment, including,
but not limited to, the fields oriented toward the development,
conservation, or economic utilization of the physical, chemical,
geological, and biological resources of the marine environment;
the fields of marine commerce and marine engineering; the fields
relating to exploration or research in, the recovery of natural
resources from, and the transmission of energy in, the marine
environment; the fields of oceanography and oceanology; and
the fields with respect to the study of the economic, legal, medical,
or socialogical problems arising out of the management, use, devel-
opment, recovery, and control of the natural resources of the
marine environment;
(2) the term "marine environment" means the oceans; the
Continental Shelf of the United States; the Great Lakes; the
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640
seabed and subsoil of the submarine areas adjacent to the coasts
of the United States to the depth of two hundred meters, or
beyond that limit, to where the depths of the superadjacent waters
admit of the exploitation of the natural resources of the area;
the seabed and subsoil of similar submarine areas adi acent to
the coasts of islands which comprise United States territory;
and the natural resources thereof;
(3) the term "sea grant college" means any suitable public or
private institution of higher education supported pursuant to the
purposes of this title which has major programs devoted to in-
creasing our Nation's utilization of the world's marine resources;
and
(4) the term "sea grant program" means (A) any activities of
education or research related to the development of marine re-
sources supported by the Foundation by contracts with or grants
to institutions of higher education either initiating, or developing
existing, programs in fields related to the purposes of this title,
(B) any activities of education research related to the develop-
ment of marine resources supported by the Foundation by con-
tracts with or grants to suitable institutes, laboratories, and
public or private agencies, and (C) any programs of advisory
services oriented toward imparting information in fields related to
the development of marine resources supported by the Foundation
by~ contracts with or grants to suitable institutes, laboratories, and
public or private agencies.
ADVISORY FUNCTIONS
SEC. 205. The National Council on Marine Resouces and Engineer-
ing Development established by section 3 of title I of this Act shall, as
the President may request-
(1) advise the Foundation with respect to the policies, pro-
cedures, and operations of the Foundation in carrying out its
functions under this title;
(2) provide policy guidance to the Foundation with respect to
contracts or grants in support of programs conducted pursuant to
this title, and make such recommendations thereon to the Founda-
tion as may be appropriate; and
(3) submit an annual report. on its activities and its recom-
mendations under this section to t.he Speaker of the House of Rep-
resentatives, the Committee on Merchant Marine and Fisheries
of the House of Representatives, the President of the Senate, and
the Committee on Labor and Public Welfare of the Senate.
NATIONAL SCHOOL LUNCH ACT
AN ACT To provide assistance to the States in the establishment. maintenance.
operation, and expansion of school-lunch programs. and for other purposes -
Be it enacted by the Senate and Hause of RepTesentatives of the
United States of America in Congress assembled. That this Act may
be cited as the "National School Lunch Act." 1
1 Peblie Law 79-~98, f30 ~±at. 2~O.
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DECLARATION OF POLICY
SEC. 2. It is hereby declared to be the policy of Congress, as a meas-
ure of national security, to safeguard the health and well-being of the
Nation's children and to encourage the domestic consumption of nutri-
tious agricultural commodities and other food, by assisting the States,
through grants-in-aid and other means, in providing an adequate sup-
ply of foods and other facilities for the establishment, maintenance,
operation, and expansion of nonprofit school-lunch programs.
APPROPRIATIONS AIITHORIZED
SEC. 3*2 For each fiscal year there is hereby authorized to be appro-
priated, out of money in the Treasury not otherwise appropriated,
such sums as may be necessary to enable the Secretary of Agriculture
(hereinafter referred to as "the Secretary") to carry out the provisions
of this Act, other than section 13. Annropriations to carry out the
provisions of this Act and of the Child Nutrition Act of 1966 for any
fiscal year are authorized to be made a year in advance of the begin-
ning of the fiscal year in which the funds will become available for
disbursement to the States. Notwithstanding any other provic~2n of
law, any funds appropriated to carry out the provisions of such Acts
shall remain available for the purposes of the Act for which appopri-
ated until expended.
APPORTIONMENTS TO STATES
SEC. 4~3 The sums appropriated for any fiscal year pursuant to the
authorization contained in section 3 of this Act, excluding the sum
specified in section 5, shall be available to the Secretary for supplying
agricultural commodities and other food for the program in accord-
ance with the provisions of this Act. For each fiscal year the Secretary
may make food assistance payments, at such times as he may deter-
mine, from the sums appropriated therefor, to each State educational
agency, in a total amount equa.l to the result obtained by multiplying
the number of lunches (consisting of a combination of foods which
meet the minimum nutritional requirements prescribed by the Secre-
tary under subsection 9(a) of this Act) served during such fiscal year
to children in schools in such State, which participate in the school
lunch program under this Act under agreements with such State edu-
cational agency, by a national average payment per lunch for such
fiscal year determined by the Secretary to be necessary to carry out
the purposes of this Act: Provided, That in any fiscal year such na-
tional average payment shall not be less than 10 cents per lunch and
that the aggregate amount of the food assistance payments made by
the Secretary to each State educational agency for any fiscal year shall
not be less than the amount of the payments made by the State agency
to participating schools within the State for the fiscal year ending
June 30, 1972, to carry out the purposes of this section 4.
2 Sec. 3 was amended by Public Law 87-823. 76 Stat. 944. approved Oct. 15, 1962,
further amended by Public Law 90-302, 82 Stat. 117, approved May 8, 1968. to include the
excention of new sec. 13 as well as sec. 11. Final two sentences were added by Public
Law 91-248, 84 Stat. 207, approved May 14, 1970.
~ Sec. 4 was amended by the act of Oct. 1~ 1962 Public Law 87-823, 76 Stat. 944.
Amended further by Public Law 92-433, 86 Stat. 724, approved Sept. 26, 1972. Further
amended by P.L. 93-150. 87 Stat. 560.
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NONFOOD ASSISTANCE
SEC. 5~4 Øf the sums appropriated for any fiscal year pursuant to the
authorization contained in section 3 of the Act, $10,000,000 shall be
available to the Secretary for the purpose of providing, during such
fiscal year, nonfood assistance for the school-lunch program pursuant
to the provisions of this Act. The Secretary shall apportion among the
States during each fiscal year the aforesaid sum of $10,000.000. Sand
such apportionment among the States shall he. on the basis of the
factors, and in accordance with the standards set forth in section 4
with respect to the apportionment for agricultural commodities and
other foods.
DIRECT FEDERAL EXPENDITURES
SEC. 6. (a) ~ The funds provided by appropriation or transfer from
other accounts for any fiscal year for carrying out the provisions of
this Act, and for carrying out the provisions of the Child Nutrition
Act of 1966, other than section 3 thereof, less
(1) not to exceed 3l~ per centum thereof which per centum
is hereby made available to the Secretary for his administrative
expenses under this Act and under the Child Nutrition Act of
1966;
(2) the amount apportioned by him pursuant to sections 4 and
5 of this Act and the a.mount appropriated pursuant to sections
11 and 13 of this Act and sections 4, 5, and 7 of the Child Nutri-
tion Act of 1966; and
(3) not to exceed 1 per centum of the funds provided for
carrying out the programs under this Act and the programs
under the Child Nutrition Act of 1966, other than section 3. which
per centum is hereby made available to the Secretary to supple-
ment the nutritional benefits of these programs through grants
to States and other means for nutritional training and education
for workers, cooperators, and participants in these programs and
for necessary surveys and studies of requirements for food service
programs in furtherance of the purposes expressed in section 2 of
this Act and section 2 of the Child Nutrition Act of 1966,
shall be available to the Secretary during such year for direct ex-
penditure by him for agricultural commodities and other foods to be
distributed among the States and schools and service institutions par-
ticipating in the food service programs under this Act and under the
Child Nutrition Act of 1966 in accordance with the. needs as deter-
mined by the local school and service institution authorities.C The pro-
visions of law contained in the proviso of the Act of June 28. 1937
(50 Stat. 323), facilitating operations with respect to the purchase and
disposition of surplus agricultural commodities under section 32 of the
Act approved August 24, 1935 (49 Stat. 774), as amended, shall, to
the extent not inconsistent with the provisions of this Act, also be
applicable to expenditures of funds by the Secretary under this Act.
4Sec. ~ was amended by Public Law 87-823, 76 Stat. 945.
~ See sec. 404 of the Agricultural Act of 1949. Public Law 81-439. 63 Stat. 1054. ap-
proved Oct. 31, 1949, authorizing the use of the services ~mcl facilities of Commodity Credit
`Corporation in carrying out programs under sec. 6. [NOTE: The corporation has since
been dissolved `and its functions transferred.] Sec. 6 amended by P.L. 93-13, 87 Stat. 9.
Further amended by P.L. 93-150, 87 Stat. 560, approved November 7, 1073.
6 This sentence was amended by Public `Law 01-248, 84 5tat. 209, approved May 14, 1970.
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(b) As of February 15 of each fiscal year, the Secretary shall make
an estimate of the value of agricultural commodities and other foods
that will be delivered during that fiscal year to States for school food
service programs under the provisions of this section, section 416 of
the Agricultural Act of 1949, and section 32 of the Act of August 24,
1935. If such estimated value is less than 90 per centum of the value of.
such deliveries initially programed for that fiscal year, the Secretary
shall pay to State educational agencies, by not later than March 15 of
that fiscal year, an amount of funds that is equal to the difference be-
tween the value of such deliveries initially programed for such fiscal
year and the estimated value as of February 15 of such fiscal year of
the* commodities and other foods to be delivered in such fiscal year.
The share of such funds to be paid to each State educational agency
shall bear the same ratio to the total of such payment to all such
agencies as the number of meals served under the provisions of section
9(a) of this Act and section 4(e) of the Child Nutrition Act of 1966
during the preceding fiscal year bears to the total of all such meals
served in all the States during such fiscal year: Provided, That in any
State in which the Secretary directly administers school food service
programs in the nonprofit private schools of such State, the Secretary
shall withhold from the funds to be paid to any such State under the
provisions of this subsection an amount that bears the same ratio to the
total of such payment as the number of meals served in nonprofit
private schools under the provisions of section. 9(a) of this Act and
section 4(e) of the Child Nutrition Act of 1966 during that fiscal year
*bears to the total of such meals served in all the schools in such State
.in such fiscal year. Each State educational agency, and the Secretary
in the case of nonprofit private schools in which he directly admin-
isters school food service programs, shall promptly and equitably dis-
burse such funds to schools participating in the lunch and breakfast
programs under this Act and the Child Nutrition Act of 1966 and such
disbursements shall be used by such schools to obtain agricultural
commodities and other foods for their food service program. Such
food shall be limited to the requirements for lunches and breakfasts
for children as provided for in the regulations by the Department of
Agriculture under title 7, subtitle (b), chapter II, subchapter (a),
parts 210 and 220.
(c) Notwithstanding any other provision of law, the Secretary,
until such time as a supplemental appropriation may provide addi-
tional funds for the purpose of subsection (b) of this section, shall use
funds appropriated by section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) to make any payments to States authorized under such
subsection. Any section 32 funds utilized to make .such payments shall
be reimbursed out of any supplemental appropriation hereafter
enacted for the purpose of carrying out subsection (b) of this section
and such reimbursement shall be deposited into the fund established
pursuant to section 32 of the Act of August 24, 1935, to be available for
the purposes of said section 32.
(d) Any funds made available under subsection (b) or (c) of this
section shall not be subject to the State matching provisions of section
7 of this Act.
(e) For the fiscal year ending June 30, 1975, and subsequent fiscal
years, the national average value of donated foods, or cash payments
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in lieu thereof, shall not be less than 10 cents per lunch, and that
amount shall be adjusted on an annual basis each fiscal year after
June 30, 1975, to reflect changes in the series for food away from
home of the Consumer Price Index published by the Bureau of Labor
Statistics of the Department of Labor. Such adjustment shall be com-
puted to the nearest one-fourth cent. Among those commodities deliv-
ered under this section, the Secretary shall give special emphasis to
high protein foods, meat, and meat alternates.
PAYMENTS TO STATES
SEC. 7. Funds apportioned to any State pursuant to section 4 or 5
during any fiscal year shall be available for payment to such State
for disbursement by the State educational agency, in accordance with
such agreements not inconsistent with the provisions of this Act, as
may be entered into by the Secretary and such State educational
agency, for the purpose of assisting schools of that State during such
fiscal year, in supplying (1) agricultural commodities and other foods
for consumption by children and (2) nonfood assistance in further-
ance of the school lunch program authorized under this Act. Such pay-
mentS to any State in any fiscal year during the period 1947 to
1950, inclusive, shall be made upon condition that each dollar thereof
will be matched during such year by $1 from sources within the State
determined by the Secretary to have been expended in connection with
the school-lunch program under this Act. Such payments in any fiscal
year during the period 1951 to 1955, inclusive, shall be made upon
condition that each dollar thereof will be so matched by one and one-
half dollars; and for any fiscal year thereafter, such payments shall
be made upon condition that each dollar will be so matched by $3. In
the case of any State whose' per capita income is less than the per
capita income of the United States, the matching required for any
fiscal year shall be decreased by the percentage which the State per
capita income is below the per capita income of the United States.
For the purpose of determining whether the matching requirements
of this section and section 10, respectively, have been met, the reason-
able value of donated services, supplies, facilities and equipment as
certified, respectively, by the State educational agency and in case of
schools receiving funds pursuant to section 10, by such schools (but
not the cost or value of land, of the acquisition, construction, or alter-
ation of buildings of commodities donated by the Secretary, or of
Federal contributions), may be regarded as funds from sources within
the State expended in connection with the school lunch program. For
the fiscal year beginning July 1, 1972, State revenue (other than reve-
nues derived from the program) appropriated or utilized specifically
for program purposes (other than salaries and administrative ex-
penses at the State, as distinguished from local level) shall consti-
tute at least 4 per centum of the matching requirements for the preced-
ing fiscal year; for each of the two succeeding fiscal years. at least 6 per
centum of the matching requirement for the preceding fiscal year :~for
each of the subsequent two fiscal years; at least 8 per centum of the
matching requirement for the preceding fiscal year; and for each fiscal
year thereafter, at least 10 per centum of the matching requirement
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for the preceding fiscal year.7 8 The State revenues made available pur-
suant to the preceding sentence shall be disbursed to schools, to the
extent the State deems practicable, in such manner that each school
receives the same proportionate share of such revenues as it receives of
the funds apportioned to the State for the same year under sections 4
and 11 of the National School Lunch Act and sections 4 and 5 of the
Child Nutrition Act of 1966. The Secretary shall certify to the Secre-
tary of the Treasury from time to time `the amounts to be paid to any
State under this section and the time or times such amounts are to be
paid; and the Secretary of the Treasury shall pay to the State at the
time or times fixed by the Secretary the amounts so certified.
STATE DISBURSEMENT TO SCHOOLS
SEC. 8. `Funds paid to any State during any fiscal year pursuant to
sections 4 and 5 shall be disbursed by the State educational agency in
accordance with such agreements approved by the Secretary as may
be entered into by such State agency and the schools in the State, to
those schools in the State which the State educational agency, taking
into account need and attendance, determines are eligible to par-
ticipate in the school-lunch program. Such disbursement to any school
shall be made only for the purpose of assisting it to finance the cost
of obtaining agricultural commodities and other foods for consump-
tion by children in the school-lunch program and nonfood assistance
in connection with such program. Such food costs may include, in addi-
tion to the purchase price of agricultural commodities and other foods,
the cost of processing, distributing, transporting, storing, or handling
thereof.. In no event shall such disbursement for food to any school
for any fiscal year exceed an amount determined by multiplying the
number of lunches served in the school in the school-lunch program
under this Act during such year by the maximum Federal food-cost
contribution rate for the State, for the type of lunch served, as pre-
scribed by the Secretary. In any fiscal year in which the national
average payment per lunch determined under section 4 is increased
above the amount prescribed in the previous fiscal year, the maximum
Federal food-cost contribution rate, for the type of lunch served, shall
be increased by a like amount.9 Lunch assistance disbursements to
schools under this section and under section 11 of this Act may be
made in advance or by way of reimbursement in accordance with
procedures prescribed by the Secretary.
NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS
SEC. 9*1O (a) Lunches served by schools participating in the school-
lunch program under this Act shall meet minimum nutritional require-
ments prescribed by the Secretary on the basis of tested nutritional
research; except that such minimum nutritional requirements shall
This sentence was added by Public Law 91-248, 84 Stat. 209, approved May 14 1970.
8 Further amended by Public Law 92-433, 86 Stat. 724 approved Sept 26 197'2
Amended by P.L. 93-i50. 87 Stat. 560. apnroved Novembe~ 7. 1973.
`° Amended by Public Law 9i-248. 84 Stat. 210. further amended by Public Law 92-i;5~3.
419, approved Nov. 5, 1971, and by Public Law 92-433, 86 Stat. 724, approved
PAGENO="0656"
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not be construed to prohibit the substitution of foods to accommodate
the medical or other special dietary needs of individual students.1'
(b) The Secretary, not later than May 15 of each fiscal year. shall
prescribe an income poverty guideline setting forth income levels by
family size for use in the subsequent fiscal year. and such guideline
shall not subsequently be reduced to be effective in such subsequent
fiscal year. Any child who is a member of a household which has an
annual income not above the applicable family-size income level set
forth in the income poverty guideline prescribed by the Secretary shall
be served a free lunch. Following the annuonceinent by the Secretary
of the income poverty guideline for each fiscal year, each State educa-
tional agency shall prescribe the income guidelines, by family size,
to be used by schools in the State during such fiscal year in making
determinations of those children eligible for a free hinch. The income
guidelines for free lunches to be prescribed by each State educational
agency shall not be less than the applicable family-size income levels
in the income poverty guideline prescribed by the Secretary and shall
not be more than 25 per centum above such family-size income levels.
Each fiscal year, each State educational agency shall also prescribe
income guidelines, by family size, to be used by schools in the State
during such fiscal year in making determinations of those children
eligible for a lunch at a reduced price, not to exceed 20 cents, if a
school elects to serve reduced-price lunches. Such income guidelines
for reduced-price lunches shall be prescribed at not more than 50 per
centum above the applicable family-size income levels in the income
poverty guideline prescribed by the Secretary, except that any local
school authority having income guidelines for free or reduced price
lunches which exceed those allowed by this subsection may continue
to use such guidelines for deteimining eh~ibilit~ until July 1 1973 if
such guidelines were established prior to July 1, 1972. Local school au-
thorities shall publicly announce such income guidelines on or about
the opening of school each fiscal year and shall make determinations
with respect to the annual incomes of any household solely on the basis
of a statement executed in such form as the Secretary may prescribe by
an adult member of such household. No physical segregation of or other
discrimination against any child eligible for a free lunch or a reduced-
price lunch shall be made by the school nor shall there be any overt
identification of any such child by special tokens or tickets. announced
or published lists of names, or by other menus : Pro?~ded fz~ithei. That.
beginning with the fiscal year ending June 30, 1974. State educational
agencies are authorized to establish income guidelines for reduced-
price lunches at not more than 75 per centum above the applicable
family size income levels in the income poverty guidelines as pre-
scribed by the Secretary.
(c) School-lunch programs under this Act shall be operated on a
nonprofit basis. Each school shall, insofar as practicable. utilize in it-s
lunch program commodities designated from time to time by the Sec-
retary as being in abundance, either nationally or in the school area.
or commodities donated by the Secretary. Commodities purchased
under the authority of section 32 of the Act of August- 24. 1935 (49
Stat. 774), as amended, may be donated by the Secretary to schools,
~` Exception added by Public Law DO-~3OZ, 82 Stat 117 approved May 8, 186S.
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in accordance with the needs as determined by local school authorities,
for utilization in the school-lunch program under this Act as well as
to other schools carrying out nonprofit school-lunch programs and in-
stitutions authorized to receive such commodities. The Secretary is
authorized to prescribe terms and conditions respecting the use of
commodities donated under such section 32, under section 416 of the
Agricultural Act of 1949, as amended, and under section 709 of the
Food and Agriculture Act of 1965, as amended, as will maximize the.
nutritional and financial contributions of such donated commodities
in such schools and institutions. The requirements of this section re-
lating to the service of meals without cost or at a reduced cost shall
apply to the lunch program of any school utilizing commodities do-
nated under any of the provisions of law referred to in the preceding
sentence. None of the requirements of this section in respect to the
amount for "reduced cost" meals and to eligibility for meals without
cost shall apply to nonprofit private schools which participate in the
school lunch program under this Act until such time as the State edu-
cational agency, or in the case of such schools which participate under
the provisions of section 10 of this Act the Secretary certifies that suf-
ficient funds from sources other than children's payments are avail-
able to enable such schools to meet these requirements.
NONPROFIT PRIVATE SOHOOLS
SEC. 10. If, in any State, the State educational agency is not permit-
ted by law to disburse the funds paid to it under this Act to nonprofit
private schools in the State, or is not permitted by law to match Fed-
eral funds made available for use by such nonprofit private schools,
the Secretary shall withhold from the funds apportioned to any such
State under sections 4 and 5 of this Act an amount which bears the
same ratio to such funds as the number of lunches, consisting of a com-
bination of foods and meeting the minimum requirements prescribed
by the Secretary pursuant to section 9, served in the fiscal year begin-
fling two years immediately prior to the fiscal year for which the Fed-
eral funds are appropriated by all nonprofit private schools partici-
pating in the program under this Act within the State, as determined
by the Secretary, hears to the participation rate for the State.'2 The
Secretary shall disburse the funds so withheld directly to the non-
profit private schools within said State for the same purposes and sub-
ject to the same conditions as are authorized or required with respect
to the disbursement to schools within the State by the State educa-
tional agency, including the requirement that any such payment or
payments shall be matched, in the proportion specified in section 7 for
such State, by funds from sources within the State expended by non-
profit private schools within the State participating in the school-
lunch program under this Act. Such funds shall not be considered a
partof the funds constituting the matching funds under the terms of
section 7:" Provided, Beginning with the fiscal year ending June 30,
12 Provisions of this sentence substituted for the previous provisions by the Act of Oct. 15,
1902 (Public Law 87-82~. 76 Stat. 945. Further amended by Public Law 91-248, 84 Stat.
20S. aporoved May 14. 1970.
~` Amended by Public Law 92-433, 86 Stat. 724, approved Sept. 26. i972, to revise
funding for nonprofit private schools lunch programs to conform with the new perform-
ance funding provided for in the school lunch program for public schools.
44-0780-75-42
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648
1974, the Secretary shall make payments from the sums appropriated
for any fiscal year for the purposes of section 4 and section 11 of this
Act directly to the nonprofit private schools in such State for the same
purposes and subject to the same conditions as are authorized or re-
quired under this Act with respect to the disbursements by the State
educational agencies.
SPECIAL ASSISTAXCE
SEC. 11.14 (a) Except as provided in section 10 of this Act, in each
fiscal year each State educational agency shall receive special-assistance
payments in an amount equal to the sum of the product obtained by
multiplying the number of lunches (consisting of a combination of
foods which meet the minimum nutritional requirements prescribed by
the Secretary pursuant to subsection 9(a) of this Act) served free to
children eligible for such lunches in schools within that State during
such fiscal year by the special-assistance factor for free lunches pre-
scribed by the Secretary for such fiscal year and the product obtained
by multiplying the number of lunches served at a reduced price to
children eligible for such reduced-price lunches in schools within that
State during such fiscal year by the special-assistance factor for
reduced-price lunches prescribed by the Secretary for such fiscal year.
For the fiscal year beginning July 1, 1973, the Secretary shall prescribe
a special-assistance factor for free lunches of not less than 45 cents and
a special-assistance factor for reduced-price lunches which shall
be 10 cents less than the special-assistance factor for free lunches.
The Secretary shall prescribe on July 1 of each fiscal year, and on
January 1, of each fiscal year, semiannual adjustments in the national
average rates for lunches served under section 4 of the National School
Lunch Act and the special-assistance factor for the lunches served
under section 11 of the National School Lunch Act, and the natioi~al
average rates for breakfasts served under section 4 of the Child Nutri-
tion Act of 1966, as amended, that shall reflect changes in the cost of
operating a school lunch and breakfast program under these Acts, as
indicated by the change in the series for food away from home of the
Consumer Price Index published by the Bureau of Labor Statistics
of the Department of Labor: Provided, That the initial such adjust-
ment shall reflect the change in the series for food away from home
during the period September 1973, through November 1973: Provided
further, That each subsequent adjustment shall reflect the changes in
the series for food away from home for the most recent six-month
period for which such data are available: Provided further, That
such adjustments shall be computed to the nearest one-fourth cent.
Notwithstanding the foregoing two sentences, (1) for the fiscal year
beginning July 1, 1973, no special assistance factor under this section
11 shall, for any State, be less than the average reimbursement paid
for each free lunch (in the case of the special assistance factor for free
lunches), or for each reduced price lunch (in the case of the special
assistance factor for reduced price lunches) in such State under this
section in the fiscal year beginning Jñly 1, 1972; and (2) adjustments
required by the sentence immediately preceding this sentence shall be
14 This section inserted by Public Law 87-823, 76 Stat 946, amended by Public Law
91-248, 84 Stat. 211, approved May 14, 1970. Former sec. 11 became the present sec. 12,
as amended. Further amended by P.L. 93-150, 87 Stat. 560, approved ~ovember ~, 19 ~3.
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based on the special assistance factors for the fiscal year beginning
July 1, 1973, as determined without regard to any increase required by
the application of this sentence.
(b) Except as provided in section 10 of the Child Nutrition Act
of 1966, the special-assistance payments made to each State agency
during each fiscal year under the provisions of this section shall be
used by such State agency to assist schools of that State in financing
the cost of providing free .and reduced-price lunches served to chil-
then pursuant to subsection 9(b) of this Act. The amount of such
special assistance funds that a school shall from time to time receive,
within a maximum per lunch amount established by the Secretary
for all States, shall be based on the need of the school for such special
assistance. Such maximum per lunch amount established by the Sec-
retary shall not be less than 60 cents.
(c) Special assistance payments to any State under this section
shall be made as provided in the last sentence of section 7 of this Act.
(d) In carrying out this section, the terms and conditions governing
the operation of the school lunch program set forth in other sections of
this Act, including those applicable to funds apportioned or paid
pursuant to section 4 or 5 but excluding the provisions of section 7
relating to matching, shall be applicable to the extent they are not
inconsistent with the express requirements of this section.
(e) (1) Not later than January 1 of each year, each State educa-
tional agency shall submit to the Secretary, for approval by him as a
prerequisite to receipt of Federal funds or any commodities donated
by the Secretary for use in programs under this Act and the Child
Nutrition Act of 1966, a State plan of child nutrition operations for
the following fiscal year, which shall include, as a minimum, a descrip-
tion of the manner in which the State educational agency proposes
(A) to use the funds provided under this Act and funds from sources
within the State to furnish a free or reduced-price lunch to every
needy child in accordance with the provisions of section 9; (B) to ex-
tend the school-lunch program under this Act to every school within
the State, and (C) to use the funds provided under section 13 of this
Act and section 4 of the Child Nutrition Act of 1966 and funds from
sources within the State to the maximum extent practicable to reach
needy children.
(2) Each school participating in the school-lunch program under
this Act shall report each month to its State educational agency the
average number of children in the school who received free lunches
and the average number of children who received reduced price
lunches during the immediately preceding month. Each participating
school shall provide an estimate, as of October 1 and March 1 of each
year, of the number of children who are eligible for a free or reduced
price lunch.
(3) The State educational agency of each State shall report to the
Secretary each month the average number of children in the State who
receive free lunches and the average number of children in the State
who received reduced price lunches during the immediately preceding
month. Each State educational agency shall provide an estimate as of
October 1 and March 1 of each year, of the number of children who
are eligible for a free or reduced price lunch.
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650
MISCELLANEOUS PROVISIONS AND DEFINITIONS
SEC. 12.15 (a) States, State educational agencies, and schools par-
ticipating in the school-lunch program under this Act shall keep such
accounts and records as may be necessary to enable the Secretary to
determine whether the provisions of this Act are being complied with.
Such accounts and records shall at all times be available for inspection
and audit by representatives of the Secretary and shall be preserved
for such period of time, not in excess of five years, a~ the Secretary
determines is necessary.
(b) The Secretary shall incorporate, in his agreements with the
State educational agencies, the express requirements under this Act
with respect to the operation of the school-lunch program under this
Act insofar as they may be applicable and such other provisions as
in his opinion are reasonably necessary or appropriate to effectuate
the purpose of this ActS
(c) in carrying out the provisions of the Act, neither the Secretary
nor the State shall impose any requirement with respect to teaching
personnel, curriculum, instruction, methods of instruction, and mate-
rials of instruction in any school.
(d) For the purposes of this Act-
(1) ~`State" means any of the fifty States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa.
(2) "State educational agency" means, as the State legislature
may determine, (A) the chief State school officer (such as the
State superintendent of public instruction, commissioner of edu-
cation, or similar officer), or (B) a board of education controlling
the State department of education; except that in the District of
Columbia it shall mean the Board of Education.
(3) "Nonprofit private school" means any private school exempt
from income tax under section 501 (c) (3) of the Internal Revenue
Code of 1954.
(4) "Nonfood assistance" means equipment used by schools in
storing, preparing, or serving, food for school children.
(5)16 "Participation rate".'for a State means a number equal to
the number of lunches, consisting of a combination of foods and
meeting the minimum requirements prescribed by the Secretary
pursuant to section 9, served in the fiscal. year beginning two years
immediately prior to the fiscal year for which the Federal funds
are appropriated by schools participating in the. program under
this Act in the State, as determined by the Secretary.
(6) "Assistance need rate" (A) int.he c.ase of. any State having
an averageannuai per capita income eciual'to or greater than the
average annual per capita income for all the States. shall be. 5: a.nd
(B) in the case of any State having an average annual per capita
income less than the average annual per capita income for all the
States, shall be the product of ~5 and the quotient obtained by di-
viding the average annual per capita income for all the States
15 This sec. was previously sec. 11. Subsections (dl (1) through (41 were amended, aiid
subsections (d) (5) and (0), added, by the act of Oct. 15. 1962, Public Law 57-823, 76
Stat. 945.
10 Subsection 12(d) (5) was amended by Public Law 91-24S. 84 Stat. 207, approved
May 14, 1970.
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by the average annual per capita income for all the States by the
average annual per capita income for such State, except that such
product may not exceed 9 for any such State. For the purposes
of this paragraph (i) the average annual per capita income. for
any State and for all the States shall be determined by the Secre-
tary on the basis of the average annual per capita income for each
State and for all the States for the three most recent years for
which such data are available and certified to the Secretary by the
Departinent~of Commerce; and (ii) the average annual per capita
income for American Samoa shall be disregarded in determining
the average annual per capita income for all the States for periods
ending before July 1, 1967.
(7) "School" means any public or nonprofit private school of
high school grade or under and, with respect to Puerto Rico, shall
also include nonprofit child-care centers certified as such by the
Governor of Puerto Rico.
SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN
SEC. 13.17 (a) (1) ~ There is hereby authorized to be appropriated
such sums as are necessary for each of the fiscal years ending June 30,
1973, June 30, 1974, and June 30, 1975, to enable the Secretary to for-
mulate and carry out a program to assist States through grants-in-aid
and other means, to initiate, maintain, or expand nonprofit food serv-
ice programs for children in service institutions. For purposes of this
section, the term "service institutions" means private, nonprofit in-
stitutions or public institutions, such as child day-care centers, settle-
ment houses, or recreation centers, which provide day care, or other
child care where children are not maintained in residence, for children
from areas in which poor economic conditions exist and from areas
in which there are high concentrations of working mothers, and in-
cludes public and private nonprofit institutions providing day care
services for handicapped children.
(2) 19 Subject to all the provisions of this section, the term "service
institutions" also includes public or private nonprofit institutions that
develop special summer programs providing food service similar to
that available to children under the National School Lunch or School
Breakfast Programs during the school year, including such institu-
tions providing day care for handicapped children. To the maximum
extent feasible, consistent with the purposes of this section, special
summer programs shall utilize the existing food services facilities of
public and nonprofit private schools.
(b) (1) Of the funds appropriated for the purposes of this section
for any fiscal year, the Secretary shall reserve 2 per centum for appor-
tionment to Guam, Puerto Rico, the Virgin Islands, American Samoa,
and the Trust~ Territory of the Pacific Islands. Guam, Pnert.o Rico,
the Virgin Islands, American Samoa, and the Trust Territory of the
Pacific Islands shall each be paid an amount which bears the same
ratio to the total of such reserved funds as the number of children
17 Sec. 13 was added by Public Law 90-~3O2, 82 Stat. 117, approved May 8, 1968.
18Sec. i3(a) (1) was amended by Public Law 92-32, 85 Stat. 85 approved June 30
1911, and Public Law 92-433, 86 Stat. 724, approved 5e~t. 26 1972.
~° Sec. 13(a) (2) was amended by Public Law 92-433, 86 Stat. 724, approved Sept. 26
1972, by adding the last sentence.
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* 652
aged three to seventeen, inclusive, in each bears to the total number
of children of such ages in all of them.
(2) From the remainder of the funds appropriated for any fiscal
year, the Secretary shall pay to each State such sums as he deems ap-
propriate, but not more than $50,000, as a basic grant. In addition,
the Secretary shall allot to each State from the funds remaining after
the basic grants have been made an amount which bears the same ratio
to such remaining funds as the number of children in that State aged
three to seventeen, inclusive in families with incomes of less than
$3,000 per annum bears to the total number of such children in all the
States. For the purposes of this paragraph, the term "State" does
not include Guam, Puerto Rico, the Virgin Islands, American Samoa,
and the Trust Territory of the Pacific Islands.
(c) (1) Funds paid to any State under this section shall be disbursed
by the State educational agency to service institutions, selected on a
nondiscriminatory basis by the State educational agency, (A) to re-
imburse the service institutions for the cost of obtaining agricultural
commodities and other foods, and (B) for the purposes of paragraphs
(2) and (3) of this subsection. The costs of obtaining agricultural
commodities and other foods may include the cost of the processing,
distributing, transporting, or handling thereof. Disbursement to par-
ticipating service institutions shall be made at such rate of reimburse-
ment per meal as the Secretary shall prescribe.
(2)20 In circumstances of severe need where the rate per meal estab-
lished by the Secretary is insufficient to carry on an effective feeding
program, the Secretary may authorize financial assistance not to ex-
ceed 80 per centum of the operating costs of such a programS includ-
ing the cost of obtaining, preparing, and serving food. Non-Federal
contributions may be in cash or kind, fairly evaluated, including but
not limited to equipment and services. In the selection of institutions
to receive assistance under this subsection. the State educational agency
shall require the applicant institutions to provide justification of the
need for such assistance.
(3) Not to exceed 25 per centum of the funds paid to any State may
be used by the State to assist service institutions by paying not to
exceed 75 per centum of the cost of the purchase or rental of equip-
ment other than land and buildings, for the storage, preparation,
transportation, and serving of food to enable t.he service institutions
to establish, maintain, and expand food service under this section.
(d) If in any State the State educational agency is not permitted
by law or is otherwise unable to disburse the funds paid t~ it under
this section to any service institution in the State. the Secretary shall
withhold all funds anportioneci under this section and shall disburse
the funds so withheld diiectly to service institutions in the State for
the same purpose and subject to the same conditions as are required
of a State educational agency disbursing funds made available under
this section.
(e' Notwithstanding the provisions of any other law, balances of
funds appropriated for the purposes of this section and unobligated
at the end of any fiscal year shall remain available for obligation
during the first three months of the following fiscal year.
~ Sec. 18(c) (2) was amended by Public Law 92-82, S5 Stat. S~. ~~~rovecl luno 30. 1971.
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(f) 21 Service institutions to which fundä are disbursed under this
section shall serve meals consisting of a combination of foods and
meeting minimum nutritional standards prescribed by the Secretary
on the basis of tested nutritional research. Such meals shall be served
without cost or at a reduced cost to children determined by the service
institutions to be unable to pay the full cost. Such determinations
shall be made by the service institution authorities in accordance with
a publicly announced policy and plan applied equitably on the basis
of criteria which, as a minimum, shall include the level of family
income, including welfare grants, the number in the family unit, and
the number of children in the family unit attending school or service
institutions. In making such determination, service institution au-
thorities should, to the extent practicable, consult with public welfare
and health agencies. No physical segregation or other discrimination
against any child shall be made because of his inability to pay nor
shall there be any overt identification of any such child by special
tokens or tickets, announced or published lists of names, or other
means.
(g) If any State cannot utilize all funds apportioned to it, or if
additional funds are made available for apportionment among the
States, under this section, the Secretary shall make further apportion-
ments to the remaining States in the manner prescribed in subsec-
tion (b).
(h) (1) The Secretary shall certify to the Secretary of the Treasury
from time to time the amounts to be paid to any State under this sec-
tion of the Act and the time or times such amounts are to be paid; and
the Secretary of the Treasury shall pay to the State at the time or
times fixed by the Secretary the amounts so certified.
(2) Each service institution participating under this section shall,
insofar as practicable, utilize in its program foods designated from
time to time by the Secretary as being in abundance, either nationally
or in the institution area, or foods donated by the Secretary. Irrespec-
tive of the amount of funds appropriated under this section, foods
available under section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431) or purchased under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), or section 709 of the Food and Agriculture Act of 1965
(7 U.S.C. 1446a-1), may be donated by the Secretary to service insti-
tutions in accordance with the needs as determined by authorities of
these institutions for utilization in their feeding programs.
(3) The value of assistance to children under this section shall not be
considered to be income or resources for any purpose under any Fed-
eral or State laws, including laws realting to taxation and welfare
and public assistance programs. Expenditures of funds from State and
local sources for the maintenance of food programs for children shall
not be diminished as a result of funds received under this section.
(4) There is hereby authorized to be appropriated for any fiscal
year such sums as may be necessary to the Secretary for his adminis-
trative expenses under this section.
(5) States, State educational agencies, and service institutions par-
ticipating in programs under this section shall keep such accounts and
records as may he necessary to enable the Secretary to determine
21 SubsectIon (f) was amended by Public Law 91-248, 84 Stat. 210, approved May 14,
1970
PAGENO="0664"
654
whether there has been compliance with this section and the regula-
tions hereunder. Such accounts and records shall at all times be. avail-
able for inspection and audit by representatives of the Secretary and
shall be preserved for such period of time, not in excess of five years,
as the Secretary determines is necessary.
(i) 22 Notwithstanding any other provision of law, the Secretary of
Agriculture is authorized to utilize, during the period May 15 to Sep-
tember 15, 1972, not to exceed $25,000,000 from funds available during
the fiscal years 1972 and 1973 under section 32 of the Act of August 24,
1935 (7 TJ.S.C. 612c), to carry out the purposes of this section. Funds
expended under the provisions of this paragraph shall be reimbursed
out of any supplemental appropriation hereafter enacted for the pur-
pose of carrying out section 13 of the National School Lunch Act,
and such reimbursements shall be deposited into the fund established
pursuant to section 32 of the Act of August 24, 1935, to be available
for the purposes of said section 32. Funds made available under this
subsection shall be in addition to direct appropriations or other funds
* available for the conduct of summer food service programs for
children.
TEMPORARY EMERGENCY ASSISTANCE TO PROVIDE NUTRITIOtTS MEALS TO
NEEDY CHILDREN IN SCHOOLS
SEC. 13A. Notwithstanding any other provision of law, under such
terms and conditiOns as he deems in the public interest, the Secre-
tary of Agriculture is authorized to use an additional amount, not
to exceed $30,000,000, of funds from section 32 of the Act of August 24,
1935 (7 TJ.S.C. 612c), to supplement funds heretofore made available
to carry out programs during the fiscal year 1970 to improve the
nutrition of needy children in public and nonprofit private schools
participating in the national school lunch program under this Act or
the school breakfast program under the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.).
SEC. 14. Notwithstanding any other provision of lawS the Secre-
tary, during the period beginning July 1, 1974, and ending June 30,
1975, shall-
(1) use funds available to carry out the provisions of section
32 of the Act of August 24, 1935 (7 U.S.C. 612c) which are not
expended or needed to carry out such provisions, to purchase
(without regard to the provisions of existing law governing the
expenditure of public funds) agricultural commodities and their
products of the types customarily purchased under such section,
for donation to maintain the annually programmed level of assist-
ance for programs carried on under this Act. the Child ~ut.rition
Act of 1966, and title VII of the Older Americans Act of 1965;
and
(2) if stocks of the Commodity Credit Corporation are not
available, use the funds of such Corporation to purchase agricul-
tural commodities and their products of the types customarily
available under section 416 of the Agricultural Act of 1949 (7
U.S.C. 1431), for such donation.
* ~ Subsection (1) was added by Public Law 92-433, 86 Stat. 724, approved Sept. 26, 1972.
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SEC. 15.23 (a) There is hereby established a council to be known as
the National Advisory Council on Child Nutrition (hereinafter in this
section referred to as the "Council") which shall be composed of
fifteen members appointed by the Secretary. One member shall be a
school administrator, one member shall be a person engaged in child
welfare work, one meniber shall be a person engaged in vocational
education work, one member shall be a nutrition expert, one member
shall be a school food service management expert, one member shall be
a State superintendent of schools (or the equivalent thereof). one
member shall be a supervisor of a school lunch program in a s~hool
system in an urban area (or the equivalent thereof), one member shall
be a supervisor of a school lunch program in a school system in a
rural area, one member shall be a State school lunch director (or the
equivalent thereof), one member shall be a person serving on a school
board, one member shall be a classroom teacher, and four members
shall be officers or employees of the Department of Agriculture
specially qualified to serve on the Council because of their education,
training, experience, and knowledge in matters relating to child food
programs.
(b) The eleven members of the Council appointed from outside the
Department of Agriculture shall be appointed for terms of three years,
except that the nine members first appointed to the Council shall be
appointed as follows: Three members shall be appointed for terms of
three years, three members shall be appointed for terms of two years,
and three members shall be appointed for terms of one year. There-
after all appointments shall be for a terni of three years, except that a
person appointed to fill an unexpired term shall serve only for the
remainder of such term. Members appointed from the Department of
Agriculture shall serve at the pleasure of the Secretary.
(c) The Secretary shall designate one of the members to serve as
Chairman and one to serve as Vice Chairman of the Council.
(d) The Council shall meet at the call of the Chairman but shall
meet at least once a year.
(e) Eight members shall constitute a quorum and a vacancy on the
Council shall not affect its powers.
(f) It shall be the function of the Council to make a continuing
study of the operation of programs carried out under the National
School Lunch Act, the Child Nutrition Act of 1966, and any related
Act under which meals are provided for children, with a view to deter-
mining how such programs may be improved. The Council shall sub-
mit to the President and the Congress annually a written report of
the results of its study together with such recommendations for ad-
ministrative and legislative changes as it deems appropriate.
(g) The Secretary shall provide the Council with such technical
and other assistance, including secretarial and clerical assistance, as
may be. required to carry out its functions under this Act.
(h) Members of the council shall serve without compensation but
shall receive reimbursement for necessary travel and subsistence
expenses incurred by them in the performance of the duties of the
Council.
~ Sec. 14 was added by Public Law 91-248 84 Stat. 213 approved May 14, 1970.
Amended by P.L. 93-150. 87 Stat. 500, approved November 7, 1973.
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656
SEC. 15.24 (a) In addition to funds appropriated or otherwise avail-
able, the Secretary is authorized to use, during the fiscal year ending
June 30, 1971, not to exceed $35,000,000 in funds from Section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c), to carry out the provisions
of this Act, and during the fiscal year ending June 30. 1972, not to
exceed $100,000,000 in funds from such section 32 to carry out the pro-
visions of this Act r&ating to the service of free and reduced-price
meals to needy children in schools and service institutions.
(b) Any funds unexpended under this section at the end of the
fiscal year ending June 30, 1971, or at the end of the fiscal year ending
June 30, 1972, shall remain available to the Secretary in accordance
with the last sentence of section 3 of this Act, as amended.
CHILD NDmITI0N ACT OF 1966
AN ACT To strengthen and expand food service programs for children
Be it enacted by the Senate cvn/d Ho~use of RepTesentatives of the
United States of America in Congress a-s~sembled, That this Act may
be cited as the "Child Nutrition Act of 1966".'
DECLARATION OF PURPOSE
SEC. 2. In recognition of the demonstrated relationship between
food and good nutrition and the capacity of children to develop and
learn, based on the years of cumulative successful experience under
the national school lunch program with its siviificant contributions
in the field of applied nutrition research it is hereby declared to be the
policy of Congress that these efforts shall be extended, expanded, and
strengthened under the. authority of the Secretary of Agriculture as
a measure to safeguard the health and well-being of the Nation's
children, and to encourage the domestic consumption of agricultural
and other foods, by assisting States, through grants-in-aid and other
means, to meet more effectively the nutritional needs of our children.
SPECIAL MILK PROGRAM AUTHORIZATION
SEC. 3*2 There is hereby authorized to be appropriated for the fiscal
year ending Jline 30. 1970, and for each succeeding fiscal year. not to
exceed $120,000.000, to enable the Secretary of Agriculture, under such
rules and regulations as he may deem in the public interest, to encour-
age consumption of fluid milk by children in the United States in (1)
nonprofit schools of high school grade and under, and (2) nonprofit
nursery schools, child-care centers, settlement houses, summer camps,
and similar nonprofit institutions devoted to the care and training of
children. For the purposes of this section "United States" means the
fifty States, Guam, and the District of Columbia. The Secretary shall
administer the special milk program provided for by this section to
the maximum extent practicable in the same manner as he. adminis-
tered the special milk program provided for by Public Law 89-642~
~ Section 15 was added by Public Law p2-32,85 Stat. 85, approved June 30, 1971.
1 Public..Law..89-~642, 80 Stat. 885. approved Oct. 11, 1966.
2 Amended by Public Law 91-2~5, 84 Stat. 536, approved June 50, 1970 after the time
prescribed by the Constitution of the United States for Presidential approval had expired
without such approval.
PAGENO="0667"
657
as amended, during the fiscal year ending June 30, 1969. Any school or
nonprofit child care institution shall receive the special milk program
upon their request. Children that qualify for free. lunches under guide-
lines set forth by the Secretary shall also be eligible for free milk.
SCHOOL BREAKFAST PROGRAM AUTHORIZATION
SEC. 4*3 (a)4 There is hereby authorized to be appropriated such sums
as are necessary for the fiscal years ending June 30, 1973, June 30, 1974,
and June 30, 1975, to enable the Secretary to carry out a program to
assist the States through grants-in-aid and other means to initiate,
maintain, or expand nonprofit breakfast programs in all schools which
make application for assistance and agree to carry out a nonprofit
brekfast program in accordance with this Act. Appropriations and
expenditures for this Act shall be considered Health, Education, and
Welfare functions for budget purposes rather than functions of
Agriculture.
APPORTIONMENT TO STATES
(b) Of the funds appropriated for the purposes of this section, the
Secretary shall for the fiscal year ending June 30, 1973, (1) appor-
tion $2,600,000 equally among the States other than Guam, the Virgin
Islands, and American Samoa and $45,000 equally among Guam, the
Virgin Islands, and American Samoa, and (2) apportion the remain-
der among the States in accordance with the apportionment formula
contained in section 4 of the National School Lunch Act, as amended.
For each fiscal year beginning with the fiscal year ending June 30,
1974, the Secretary shall make breakfast assistance payments, at such
times as he may determine, from the sums appropriated therefor, to
each State educational agency, in a total amount equal to the result ob-
tained by (1) multiplying the number of breakfasts (consisting of a
combination of foods which meet the minimum nutritional require-
ments prescribed by the Secretary pursuant to subsection (e) of this
section) served during such fiscal year to children in schools in such
States which participate in the breakfast program under this section
under agreements with such State educational agency by a national
average breakfast payment prescribed by the Secretary for such fiscal
year to carry out the purposes of this section; (2) multiplying the
number of such breakfasts served, free to children eligible for free
breakfasts in such schools during such fiscal year by a national average
free breakfast payment prescribed by the Secretary for such fiscal year
to carry out the purposes of this section; and (3) multiplying the num-
ber of reduced price breakfasts served to children eligible for reduced
price breakfasts in such . schools during such fiscal year by a national
average reduced price breakfast payment prescribed by the Secretary
for such fiscal year to carry out the provisions of this section: Pro-
vided, That in any fiscal year the aggregate amount of the breakfast
assistance payments made by the Secretary to e.ach State eductional
agency for any fiscal year shall not be less than the amount of the pay-
ments made by the State educational agency to participating schools
within the State for the fiscal year ending June 30, 1972, to carry out
~ Amended by Public Law 90-302, 82 Stat. 119, .approved May 8, 1968.
4Amended l~ Public Law 92-32, 85 5tat. 85, approved 3une 30, 1971, and by Public
Law 92-483, 86 Stat. 724, approved Sept. 26, 1972.
PAGENO="0668"
658
the purposes of this section. The national average payment established
by the Secretary for all breakfasts served to eligible ~hildren shall not
be less than 8 cents; an amount of not less than 15 cents shall be added
for each reduced-price breakfast: and an amount of not less than 20
cents shall be added for each free breakfast. In cases of severe needS a
payment of up to 45 cents may be made for each breakfast served to
children qualifying for a free breakfast.
STATE DISBURSEMENT TO SCHOOL
(~)~ Funds apportioned and paid to any State for the purpose of this
section shall be disbursed by the* State educational agency to schools
selected by the State educational agency to assist such schools in fi-
nancing the costs of operating a breakfast program and for the pur-
pose of subsection (d). Disbursement to schools shall be made at such
rates per meal or on such other basis as the Secretary shall prescribe. In
selecting schools for participation. the State educational agency shall,
to the extent practicable, give first consideration to those schools draw-
- ing attendance from areas in which poor economic conditions exist, to
those schools inwhich a substantial proportion of the children enrolled
must travel long distances daily, and to those schools in which there is
* a special need for improving the nutrition and dietary practices of
children of working mothers and children from low-income families.
Breakfast assistance~ disbursements to schools under this section may
he made in advance or by .way of reimbursement in accordance with
procedures prescribed by the Secretary.
(d) In circumstances of severe need where the rate per meal estab-
lished by the Secretary is deemed by him insufficient to carry on an
effective breakfast program in a school, the Secretary may authorize
financial assistance up to 100 per centum of t.he operating costs of such
a program, including costs of obtaining, preparing, andserving food.
In the selection of schools to receive assistance under this section, the
State educational `agency `shall require applicant schools to provide
justification of the need for such assistance.
"NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS
`(e)6 Breakfasts served by schools part-icipatingin the school break-
fast program under this section shall consist of a combination of foods
,and shall meet minimum nutritional requirements prescribed by the
Secretary on the basis of `tested nutritional research. Such breakfasts
shall be served free or at a reduced price to children in school under the
same terms and conditions as are set forth with respect to the service
of lunches free or at a reduced price in section 9 of the. National School
Lunch Act.
NONPROFIT PRIVATE SCHOOLS
(f) For the fiscal year ending June 30, 1973, any withholding of
funds "for~ and disbursement to nonprofit private schools shall be
effected in the manner used prior to such fiscal year. Begmnuig with
the fiscal year ending June 30, 1974, the Secretary shall make payments
6 Subsecs; (a') and (b) were `amended by Public Law 02-32, 85 Stat. 85. approved
* June 30, 1971.
6 Subsecs. (e) and (f) were amended by Public Low 92-248. 84 Stat. 210, anproved
May i4, 1970, and by Public Law 92-32, and by Public Law 92-433, 86 Stat. 724, Sept.
26. 1972.
PAGENO="0669"
659
from the sums appropriated for any fiscal year for the purposes of this
section directly to the nonprofit private schools within a State, that
participate in the breakfast program under an agreement with the
Secretary, for the same purposes and subject to the same conditions as
are authorized or required under this section with respect to the dis-
bursernents by State educational agencies.
NONFOOD ASSISTANCE PROGRAM AUTHORIZATION
SEC. 5~7 (a) There is hereby authorized to be appropriated for the
fiscal year ending June 30, 1971, not to exceed $38,000,000, for the fiscal
year ending June 30, 1972, not to exceed $33,000,000, for each of the
three fiscal years ending June 30, 1973, June 30, 1974, and June 30,
1975, not to exceed $40,000,000 and for each succeeding fiscal year, not
to exceed $40,000,000, to enable the Secretary to formulate and carry
out a program to assist the States through grants-in-aid and other
means to supply schools drawing attendance from areas in which poor
economic conditions exist with equipment, other than land or build-
ings, for the storage, preparation, transportation, and serving of food
to enable such schools to establish, maintain, and expand school food
service programs. In the case of a nonprofit private school, such equip-
ment shall be for use of such school principally in connection with
child feeding programs authorized in this Act and in the National
School Lunch Act, as amended, and in the event such equipment is no
longer so used, it may be transferred to another nonprofit private
school participating in any of such programs or to a public school
participating in any of such programs, or failing either of these dis-
positions, that part of such equipment financed with Federal funds,
or the residual value thereof, shall revert to the United States.
(b) Except for the funds reserved under subsection (e) of this
section, the Secretary shall apportion the funds appropriated for the
purposes of this section among the States on the basis of the ratio that
the number of lunches (consisting of a combination of foods which
meet the minimum nutritional requirements prescribed by the Secre-
tary pursuant to section 9 of the National School Lunch Act) ser7ed
in each State in the latest preceding fiscal year for which the Secre-
tary determines data are available at the time such funds are appor~
honed bears to the total number of such lunches served in all States
in such preceding fiscal year. If any State cannot utilize all of the
funds apportioned to it under the provisions of this subsection, the
Secretary shall make further apportionments to the remaining States
in the maner set. forth in this subsection for apportioning funds
among all the States. Payments to any State of funds apportioned
under the provisions of this subsection for any fiscal year shall he
made upon condition that at least one-fourth of the cost of equipment
fiuionepd under this subsection shall be borne by funds from sources
within the State.
STATE DISBURSEMENT TO SCHOOLS
*(c) Funds apportioned and paid to any State for the purpose of
this section shall be disbursed by the State educational agency to
~ Sithsee. (a~ was amended by Public Law 9i-248. 84 Stat. 210. apnroved May i4
1970, and Public Law 92-433. 86 Stat. 724, approved Sept. 26, i972. Subsec. (a) was
amended by Public Law 9i-248. Further amended by Public Law 92-433.
PAGENO="0670"
660
assist schools, which draw attendance from areas in which poor eco-
nomic conditions exist and which have no, or grossly inadequate equip-
mënt, to conduct a school food service program, and to acquire such
equipment. In the selection of schools to receive assistance under this
section, the State educational agency shall require applicant schools to
provide justification of the need for such assistance and the inability
of the school to finance the food service equipment needed. Disburse-
ments to any school may be made by advances pr reimbursements, only
after approval by the State educational agency of a request by the
school for funds, accompanied by a detailed description of the equip-
ment to be acquired and the plans for the use thereof in effectively
meeting the nutritional needs of children in the school.
NONPROFIT PRIVATE SCHOOLS
(d) 7a If, in any State, the State educational agency is prohibited by
law from administering the program authorized by this section in non-
profit private schools within the State, the Secretary shall administer
such program in such private schools. In such event, the Secretary
* shall withhold from the funds apportioned to any such State under
the provisions of subsection (b) of this section an amount which bears
the same ratio to such funds as the number of lunches (consisting of
a combination of foods which meet the minimum nutritional require-
ments prescribed by the Secretary pursuant to section 9 (a) of the
National School Lunch Act) served in nonprofit private schools in
such State in the latest preceding fiscal year for which the Secretary
determines data are available at the time such funds are withheld
bears to the. total number of such lunches served in all schools within
such State in such preceding fiscal year.
RESERVE OF F~XDS
(e) In each of the fiscal years ending June 30. 1973. June. 30. 1974.
and June 30, 19Th, 50 per centum of the funds appropriated for the
purposes of this section shall be reserved by the Secretary to assist
schools without a food service. The Secretary shall apportion the funds
so reserved among the States on the basis of the ratio of the number of
children enrolled in schools without a food service in the State for the
latest fiscal year for which the Secretary determines data are available
at the time such funds are apportioned to the total number of children
enrolled in schools without a food service in all States in such fiscal
year. In those States in which the Secretary administers the nonfood
assistance program in nonprofit private schools. the Secretary shall
withhold from the funds apportioned to am- such State under this
subsection an amount which bears the same ratio to such funds as the
number of children enrolled in nonprofit private schools without a
food service in such State for the latest fiscal year for which the Sec-
retary determines data are available at the time such funds are with-
held bears to the total number of children enrolled in all schools with-
out food service in such State in such fiscal year. The funds reserved,
apportioned, and withheld under the authority of this subsection shall
~ Subsee. 5(d) and (e) were amended by Public Law 92-433, 88 Stat. 724, approved
Sept. 26, 1972.
PAGENO="0671"
661
be used by State educational agencies, or the Secretary in the case of
nonprofit private schools, only to assist schools without a food service.
If any State cannot utilize all the funds apportioned to it under the
provisions of this subsection to assist schools in the State without a
food service, the Secretary shall make farther apportionments to the
remaining States in the same manner set forth in this subsection for
apportioning funds among all the States and such remaining States,
or the Secretary in the case of nonprofit private schools, shall use the
additional funds so apportioned or withheld only to assist schools in
the State without a food service. Payments to any State of the funds
apportioned under the provisions of this paragraph shall be made
upon conditioii that at least one-fourth of the cost of equipment fi-
nanced, shall be borne by funds from sources within the State, except
that such condition shall not apply with respect to funds used under
this section to assist schools without food service if such schools are
especially needy, as determined by the State.
PAYMENTS TO STATES
SEc. 6. The Secretary shall certify to the Secretary of the Treasury
from time to time the amounts to be paid to any State under sections
3 through 7 of this Act and the time or times such amounts are to
be paid; and the Secretary of the Treasury shall pay to the State at
the time or times fixed by the Secretary the amounts so certified.
STATE ADMINISTRATIVE EXPENSES
SEC. 7~8 The Secretary may utilize funds appropriated under this
section for advances to each State educational agency for use for its
administrative expenses or for the administrative expenses of any
other designated State agency in supervising and giving technical
assistance to the local school districts and service institutions in their
conducting of programs under this Act and under sections 11 and 13
of the National School Lunch Act. Such funds shall be advanced only
in amounts and to the extent determined necessary by the Secretary
to assist such State agencies in the administration of additional ac-
tivities undertaken by them under sections 11 and 13 of the National
School Lunch Act, as amended, and sections 4 and 5 of this Act in-
cluding additional activities undertaken in the distribution of donated
commodities. There are hereby authorize to he appropriated such
sums as may be necessary for the purposes of this section.
UTILIZATION OF FOODS
SEC. 8. Each school participating under section 4 of this Act shall,
insofar as practicable, utilize in its program foods designated from
time to time by the Secretary as being in abundance, either nationally
or in the school area, or foods donated by the Secretary. Foods avail-
able under section 416 of the Agricultural Act of 1949 (63 Stat. 1058),
as amended, or purchased under section 32 of the Act of August 24,
1935 (49 Stat. 774) as amended, or section 709 of the Food and Agri-
8 Sec. 7 was amended by Public Law 90-~302, 82 Stat. 119, approved May 8 1968 further
amended by Public Law 91-248, 84 Stat. 210, approved May 14, 1970.
PAGENO="0672"
662
culture Act of 1965 (79 Stat. 1212) may be donated by the Secretary
to schpols, in accordance with the needs as determined by local school
authorities, for utilization in their feeding programs under this Act.
NONPROFIT PROGRAMS
SEC. 9. The food and milk service programs in schools and nonprofit
institutions receiving assistance under this Act shall be conducted on
a nonprofit basis.
REGULATIONS
SEC. 1O.~ The Secretary shall prescribe such regulations as he may
deem necessary to carry out this Act and the National School Lunch
Act, including regulations relating to the service of food in partici-
pating schools and service institutions in competition with the pro-
grams authorized under this Act and the National School Lunch Act.
Such regulations shall not prohibit the sale of competitive foods in
food service facilities or areas during the time of service of food under
this Act or the Natioiial School Lunch Act if the proceeds from the
sales of such foods will inure to the benefit of the schools or of orga-
nizations of students approved by the schools. In such regulations the
Secretary may provide for the transfer of funds by any State between
the programs authorized under this Act and the National School
Lunch Act on the basis of an approved State plan of operation for the
use of the funds and may provide for the reserve of up to 1 per centum
of the funds available for apportionment to any State to carry out
special developmental projects.
PROH~ITIONS
SEC. 11. (a) In carrying out the provisions of sections 3 through 5 of
this Act, neither the Secretary nor the State shall impose any require-
ments with respect to teaching personnel, curriculum, instruction,
methods of instruction, and materials of instruction.
(b) The value of assistance to children under this Act shall not
be considered to be income or resources for any purpose under any
Federal or State laws including, but not limited to, laws relatmg to
taxation, welfare, and public assistance programs. Expenditures of
funds from State and local sources for the maintenance of food
programs for children shall not be diminished as a result of ftmds
received under this Act.
PR~CHOOL PROGRAMS
SEC. 12. The Secretary may extend the benefits of all school feeding
programs conducted and supervised by the Department of Agriculture
to include preschool programs operated as part of the school system.
CENTRALIZATION OF AD~flNISTRATION
SEC. 13. Authority for the conduct and supervision of Federal pro-
grams to assist schools in providing food service programs for children
9Sec. 10 w~s amended by Public Law 91-248, and by Public Law 92-43~3, 86 Stat. 724.
Sept. 26. 1972.
PAGENO="0673"
663
is assigned to the Department of Agriculture. To the extent practi-
cable, other Federal agencies administering programs under which
funds are to be provided to schools for such assistance shall transfer
such funds to the Department of Agriculture for distribution through
the administrative channels and in accordance with the standards
established under this Act and the National School Lunch Act.
SEC. 14. There is hereby authorized to be appropriated for any fiscal
year such sums as may be necessary to the Secretary for his administra-
tive expense under this Act.
MISCELLANEOtrS PROVISIONS AND DEFINITIONS
SEC. 15. For the purposes of this Act-
(a) "State" means any of the fifty States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or
American Samoa.
(b) "State educational agency" means, as the State legislature may
determine, (1) the chief State school officer (such as the State super-
intendent, of public instruction, commissioner of education, or similar
officer), or (2) a board of education controlling the State department
of education.
(c) "Nonprofit private school" means any private school exempt
from income tax under section 501 (c) (3) of the Internal Revenue
Code of 1954.
(d) "School" means any public or nonprofit private school of high
school grade or under, including kindergarten and preschool programs
operated by such school and, with respect to Puerto Rico, shall also
include nonprofit child-care centers certified as such by the Governor
of Puerto Rico.
(e) "Secretary" means the Secretary of Agriculture.
ACCOUNTS AND RECORDS
SEC. 16. States, State educational agencies, schools, and nonprofit
institutions participating in programs under this Act shall keep such
accounts and records as may be necessary to enable the Secretary to
determine whether there has been compliance with this Act and the
regulations hereunder. Such accounts and records shall at all times be
available for inspection and audit by representatives of the Secretary
and shall be preserved for such period of time, not in excess of three
years, as the Secretary determines is necessary.
SPECIAL SUPPLEMENTAL FOOD PROGRAM
SEC. 17.~° (a) During each of the fiscal years ending June 30, 1973,
June 30, 1974, and June 30, 1975, the Secretary shall make cash grants
to the health department or comparable agency of each State; Indian
tribe, hand, or group recognized by the Department of the Interior; or
the Indian Health Service of the Department of Health, Education,
and Welfare for the purpose of providing funds to local health or
welifaie agencies or private nonprofit agencies of such State; Indian
tribe, band, or group recognized by the Department of the Interior; or
10 Sec. 17 was added by Public Law 92-433, 86 Stat. 724, approved Sept. 26, 1972.
44-078 0 - 75 - 43
PAGENO="0674"
664
the Indian Health Service of the Department of Health, Education,
and Welfare serving local health or welfare needs to enable such agen-
cies to carry out a program under which supplemental foods will be
made available to pregnant or lactating women and to infants deter-
mined by competent professionls to be nutritional risks because of
inadequate nutrition and inadequate income. Such program shall be
operated for a three-year period and may be carried out in any area
of the United States without regard to whether a food stamp program
or a direct food distribution program is in effect in such area.
(b) In order to carry out the program provided for under subsection
(a) of this section during the fiscal year ending June 30, 1973, the
Secretary shall use $20,000,000 out of funds appropriated by section
32 of the Act of August 24, 1935 (7 U.S.C. 612(c)). In order to carry
out such program during the fiscal year ending June 30, 1974, there is
authorized to be appropriated the sum of $20,000.000, but in the event
that such sum has not been appropriated for such purpose by August
1, 1973, the Secretary shall use $20,000,000, or, if any amount has been
appropriated for such program, the difference, if any, between the
amount directly appropriated for such purpose and $20M00.000. out
of funds appropriated by section 32 of the Act of August 24. 1935 (7
U.S.C. 612(c)). In order to carry out such program during the fiscal
year ending June 30, 1975, there is authorized to be appropriated the
sum of $100,000,000, but in the event that such sum has not been appro-
priated for such purpose by August 1, 1974, the Secretary shall use
$100,000,000, or, if any amount has been appropriated for such pro-
gram, the difference, if any, between the amount directly appropri-
ated for such purpose and $100,000,000, out of funds appropriated by
section 32 of the Act of August 24, 1935 (7 U.S.C. 612(c)). Any funds
expended from such section 32 to carry out the provisions of subsection
(a) of this section shall be reimbursed out of any supplemental appro-
priation hereafter enacted for the purpose of carrying out the pro-
visions of such subsection, and such reimbursements shall be deposited
into the fund established pursuant to such section 32, to be available
for the purpose of such section.
(c) Whenever any program is carried out by the Secretary under
authority of this section through any State or local or nonprofit agency,
he is authorized to pay admministrative costs not to exceed 10 per cell-
turn of the Federal funds provided under the authority of this section.
(d) The eligibility of persons to participate in the program pro-
vided for under subsection (a.) of this section shall be determined by
competent professional authority. Participants shall he residents of
areas served by clinics or other health facilities determined to have
significant numbers of infants and pregnant and lactating women at
nutritional risk.
(e) State or local agencies or groups carrying out any program
under this section shall maintain adequate medical records on the par-
ticiuants assisted to enable the Secretary to determine and evaluate the
benefits of the nutritional assistance proviled under this section. The
Secretary and Comptroller General of the United States shall submit-
preliminary evaluation reports to the Congress not later than Octo-
ber 1, 1974; and not later than March 30. 1975. submit reports con-
taining an evaluation of the program provided under this section and
making recommendations with regard to its continuation.
(f) As used in this section-
PAGENO="0675"
665
(1) "Pregnant and lactating women" when used in connection
with the term at "nutrition risk" includes mothers from low-
income populations who demonstrate one or more of the follow-
ing characteristics: known inadequate nutritional patterns,
unacceptably high incidence of anemia, high prematurity rates, or
inadequate patterns of growth (underweight, obesity, or stunt-
ing). Such term (when used in connection with the term "at
nutritional risk") also includes low-income individuals who have
a history of high-risk pregnancy as evidenced by abortion, prema-
ture birth, or severe anemia.
(2) "Infants" when used in connection with the term "at nutri-
tional risk" means children under four years of age who are in
low-income populations which have shown a deficient pattern of
growth, by minimally acceptable standards, as reflected by an
~ixcess number of children in the lower percentiles of height and
weight. Such term, when used in connection with "at nutritional
risk", may also include (at the discretion of the Secretary) chil-
dren under four years of age who (A) are in the parameter of
nutritional anemia, or (B) are from low-income populations
where nutritional studies have shown inadequate infant diets.
(3) "Supplemental foods" shall mean those foods containing
nutrients known to be lacking in the diets of populations at nutri-
tional risks and, in particular, those foods and food products con-
taining high-quality protein, iron, calcium, vitamin A, and vita-
min C. Such term may also include (at the discretion of the Secre-
tary) any food product commercially formulated preparation
specifically designed for infants.
(4) "Competent professional authority" includes physicians,
nutritionists, registered nurses, dieticians, or State or local medi-
cally trained health officials, or persons designated by physicians
~iir State or local medically trained health officials as being com-
petent professionally to evaluate nutritional risk.
SECTION 4 OF THE ACT OF SEPTEMBER~ 1972
(PUBLIC LAW 92-433) j~
ADDITIONAL MISCELLANEOUS PRovIsIoNs
SEC. 4~12 (a) Notwithstanding any other provision of law, the Sec-
retary of Agriculture shall until such time as a supplemental appro-
priation may provide additional funds for such purpose use so much
of the funds appropriated by section 32 of the Act of August 24,
1935 (7 U.S.C. 612(c)), as may be necessary, in addition to the funds
available therefor, to carry out the purposes of section 4 of the
National School Lunch Act and provide an average rate of reimburse-
ment of not less than 8 cents per meal within each State during the
fiscal year 1973. Funds expended under the foregoing provisions of
this section shall be reimbursed out of any supplemental appropriation
hereafter enacted for the purpose of carrying out section 4 of the
National School Lunch Act, and such reimbursements shall be depos-
U Public Law 92-433, 86 Stat. 724, requires a survey and report by the Secretary of
Agriculture on unmet needs for food service equipment in schools eligible for equipment
assistance to the Congress by June 30, 19(3.
~ Sec. 4 was added by Public Law 92-433, 86 Stat. 724, approved Sept. 26, 1972.
PAGENO="0676"
666
ited into the fund established pursuant to section 32 of the Act of
August 24, 1935, to be available for the purposes of said section 32.
(b) Funds made available pursuant to this section shall be appor-
tioned to the States in such manner as will best enable schools to
meet their obligations with respect to the service of free and reduced-
price lunches and to meet the objective of this section with respect to
providing a minimum rate of reimbursement imder section.4 of the
National School Lunch Act, and such funds shall be apportioned and
paid as expeditiously as may be practicable.
SECTIoN 7 OF THE ACT OF NOVEMBER 5. 1971
(PUBLIC LAW 92-153) 13
SEc. 7. In addition to any other authority given to the Secretary he
is hereby authorized to transfer funds from section 32 of the Act of
August 24, 1935, for the purpose of assisting schools which demon-
strate a need for additional ftmds in the school breakfast program.
~NoTE.-With the exception of sec. 4 of this Act which amends section 11(e)
of the Nationai School Lunch Act, and Section 7 supra, Public Law 92-153
expired June 30, 1971.]
SECTION 32-AcT OF AtTGIJST 24, 1935
(PUBLIC LAW 74~320)'
SEc. 32. There is hereby appropriated for each fiscal year beginning
with the fiscal year ending June 30, 1936, an amount equal to 30 per
centum of the gross receipts from duties collected under the customs
laws during the period January 1 to December -31. both inclusive,
preceding the beginning of each such fiscal year.1 Such sums shall
be maintained in a separate fund and shall be used by the Secretary
of Agriculture only to (1) encourage the exportation of agricultural
commodities and products thereof by the payment of benefits in con-
nection with the exportation thereof or of indeumities for losses
incurred in connection with such exportation or by payments to pro-
ducers in connection with the production of that part of any agricul-
tural commodity required for domestic consumption; (2) encourage
the domestic consumption of such commodities or products by divert-
ing them, by the payment of benefits or indemnities or by other means,
`~Public Law 92-153, 85 Stat. 419, approved Nov. 5, 1971, was a joint resolution to
assure that every needy schoolchild receive a free or reduced price lunch as required by
sec. 9 of the National School Lunch Act.
`The Act of August 24, 1935, 49 Stat. 750. 774. Although -this section has been amended
a number of times. The purposes of Section 32-through payments or indemnities is to en-
courage the exportation and domestic consumption of agricultural commodities and prod-
ucts and to reestablish farmers' purchasing power in connection with the normal production
of agricultural commodities-remnins basically the same since February 29. 1936. Ai,thorily
to encourage consumption of agricultural commodities and products by their utilization
among persons in low-income groups was added by amendment of clause (2) in 1939
(53 Stat. 975). Later amendments are noted.
Surplus agricultural commodities purchased under clause (2) may be donated for relief
nurnoses and for use in nonprofit summer camps for children under the Act of June 28.
1937. and may he donated to schools and service institutions under sections 9 and 13 of
the National School Lunch Act. as amended and section 8 of the Child Nutrition Act
of 1966.
Section 205 of the Agricultural Act of 1956 nuthorized the aunrouriation for each fiscal
year, beginning with the fiscal year ending June 30. 1957. of 8500.000.000 to enable the
Secretary of Agriculture to further carry out the provisions of Section 32. subiect to all
provisions of law relating to the exnenditure of funds appropriated by such section, except
that up to 50 percent of the S500.000,000 may be devoted during any fiscal year to any
one agricultural commodity or the products thereof.
PAGENO="0677"
667
from the normal channels of trade and commerce or by increasing their
utilization through benefits, indemnities, donations or by other means,
among persons in low-income groups as determined by the Secretary
of Agriculture; and (3) reestablish farmers' purchasing power by
making payments in connection with the normal production of any
agricultural commodity for domestic consumption. Determinations
by the Secretary as to what constitutes diversion and what constitutes
normal ~channels of trade and commerce and what constitutes normal
production for domestic consumption shall be final.
The sums appropriated under this section shall be expended for
such one or more of the above-specified purposes, and at such times,
in such manner, and in such amounts as the Secretary of Agriculture
finds will effectuate substantial accomplishment of any one or more
of the purposes of this section.3 Notwithstanding any other provision
of this section, the amount that may be devoted, during any fiscal year
after June 30, 1939, to any one agricultural commodity or the products
thereof in such fiscalyear, shall not exceed 25 per centum of the funds
available under this section for such fiscal year. The sums appropri-
ated under this section shall be devoted principally to perishable non-
basic agricultural commodities (other than those receiving price sup-
port under title II of the Agricultural Act of 1949)~ and their prod-
ucts.5 The sums appropriated under this section shall, notwithstanding
the provisions of any other law, continue to remain available for the
purposes of this section until expended; but any excess of the amount
remaining unexpended at the end of any fiscal year over $300,000,000
shall, in the same manner as though it had been appropriated for the
service of such fiscal year, be subject to the provisions of section 3690
of the Revised Statutes (U.S.C., title 31, sec. 712), and section 5 6 of
the Act entitled "An Act making appropriations for the legislative,
executive, and judicial expenses of the Government for the year end-
ing June thirtieth, eighteen hundred and seventy-five and for other
purposes" (U.S.C., title 31, sec. 714) .~ (7 U.S.C. 612c)
SECTION 416-AGRICULTURAL ACT or 1949
(PUBLIC LAW 81-439)
DISPOSITION OF COMMODITIES TO PREVENT WAS~
SEC. 416.1 In order to prevent the waste of commodities whether in
private stocks or 2 acquired through price-support; operations by the
Commodity Credit Corporation before they can be disposed of in nor-
~ For the administration of see. 32, iiot to exceed 4 percent of the total amount avail-
able for such section in any fiscal year may be used for that purpose under the limitation
contained in sec. 392 (b) of the Agricultural Act of 1938, as amended.
The clause within the parentheses was substituted for "other than those designated In
title II of the Agricultural Act of 1949" by sec. 5 of the Act of Jan. 30, 1954, 68 Stat. 4.
This sentence was added by sec. 411 of the Agricultural Act of 1949, 63 Stat. 1057.
6 Sunerseded by the Act of July 6, 1949. 63 Stat. 407, 31 U.S.C. 712*a, and the Act of
July 25, 1956, 70 Stat. 647. as amended. 31 U.S.C. 701-708.
~ This sentence was added by sec. 301 of the Agricultural Act of 1948, 3uly 3, 1948,
62 Stat. 1257. See sec. 392(b) of the Agricultural Adjustment Act of 1938, as amended,
for limitation on administrative expenses.
1 The urovisions of this section were substituted for the previous provisions by section 302
of the Agricultural Trade Development and Assistance Act of 1954, 68 Stat. 458. See
section 9 of the Act of September 6, 1958, 72 Stat. 1792 (on p. 244) providing for distribu-
tion of commodities under section 416 to overseas `areas under the jurisdiction or adminis~
tration of the United States.
The Food for Peace Act of 1966, Pub, L. 89-808, 80 Stat. 1538, `approved November 11,
1966, deleted all references to foreign donationa from section 416. Such deletions are effec-
tive January 1, 1967.
~ The words "whether In private stocks or" were added by the Act of July 24 1f~59 73
Stat. 250.
PAGENO="0678"
668
mal domestic channels without impairment of the price-support pro-
gram or sold abroad at competitive world prices, the Commodity
Credit Corporation is authorized, on such terms and under such regula-
tions as the Secretary may deem in the public interest: (1) upon appli-
cation, to make such commodities available to any Federal agency for
use in making payment for commodities not produced in the United
States; (2) to barter or exchange such commodities for strategic or
other materials as authorized by law; (3) in the case of food commodi-
ties to donate such commodities to the Bureau of Indian Affairs and to
such State, Federal, or private agency or agencies as may be desig-
nated by the proper State or Federal authority and approved by the
Secretary, for use in the United States in nonprofit school-lunch pro-
grams,2 in nonprofit summer camps for children,4 in the assistance of
needy persons, and in charitable institutions, including hospitals, to
the extent that needy persons are served. In the case of (3) the Secre-
tary shall obtain such assurance as he deems necessary that the recipi-
ents thereof will not diminish their normal expenditures for food by
reason of such donation. In order to facilitate the appropriate disposal
of such commodities, the Secretary may from time to time esti-
mate and announce the quantity of such commodities which he
anticipates will become available for distribution under (3). The Com-
modity Credit Corporation may pay, with respect to commodities dis-
posed of under this section, reprocessing, packaging, transporting,
handling, and other charges accruing up to the time of their delivery
to a Federal agency or to the designated State or private agency. In
addition, in the case of food commodities disposed of imder this sec-
tion, the Commodity Credit Corporation may pay the cost of process-
ing such commodities into a form suitable for home or institutional
use, such processing to be accomplished through private trade facili-
ties to the greatest extent possible.5 For the purpose of this section the
terms "State" and "United States" include the District of Columbia
and any Territory or possession of the United States. Dairy products
acquired by the Commodity Credit Corporation through price sup-
port operations may, insofar as they can be used in the United States
in nonprofit school lunch and other nonprofit child feeding programs,
in the assistance of needy persons, and in charitable institutions, in-
cluding hospitals, to the ext.ent that needy persons are served, be do-
nated for any such use prioi~ to any other use or disposition6 (7 U.S.C.
1431.)
SECTION 709-FOOD AND AGRICULTnRE ACT OF 1965
(PUBLIc LAW 89-321)
PURChASE OF DAIRY PRODUCTS
SEC. 709. The Secretary of agriculture is hereby authorized to use
funds of the Commodity Credit Corporation to purchase sufficient
8 See Act of Sentember 13. 1960. 74 Stat. 899 (p. 243) authorizing the use of surplus
foods for training home economics students.
The words "in nonprofit summer camps for children,' were added by the Act of July 2,
1958, 72 Stat. 286.
This sentence was added by the Agricultural Act of 1956, 70 Stat. 203.
~ last sentence was added by Pub. L. 91-233, 84 Stat. 199, approved April 17, 1970.
PAGENO="0679"
069
supplies of dairy products at market prices to meet the requirements
of any programs for the schools (other than fluid milk in the case of
schools), domestic relief distribution, community action, and such
other programs as are authorized by law, when there are insufficient
stocks of dairy products in the hands of Commodity Credit Corpora-
tion available for these purposes. (7 U.S.C. 1446a-1.)
[NOTE-Pub. L. 89-321, 79 Stat. 1212, approved November 3, 1965, amended by
Pub. L. 89-808, 80 Stat. 1538, approved November 11, 1966. The words "foreign
distribution" appearing after the words "Community action" were deleted by
Pub. L. 89-808.]
Title II of P.L. 83-690, P.L. 84-465, P.L. 85-478, and PU. 87-128 directly relate
to the use of dairy products. For current legislation refer to section 3 of the
Child Nutrition Act of 1966 as amended.
COMMODITIES FOR SUMMER CAMPS
ACT OF JUNE 28, 1937, AS AMENDED 1
To extend the time for purchase and distribution of surplus agricul-
tural commodities for relief purposes and to continue the Federal
Surplus Commodities Corporation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Oongress a~semb7ed, That in carrying out
the provisions of clause (2) of section 32 of the Act approved August
24, 1935 (49 State. 77), as amended, the Secretary of Agriculture may
transfer to the Federal Surplus Commodities Corporation 2 which
Corporation is continued, until June 30, 1945, as an agency of the
United States under the direction of the Secretary of Agriculture, such
funds, appropriated by said section, as may be necessary for the pur-
pose of effectuating clause (2) of said section: Provided, That such
transferred funds, together with other funds of the Corporation, may
be used for purchasing, exchanging, processing, distributing, dispos-
ing, transporting, sorting, and handling of agricultural commodities
and products thereof and inspection costs, commissions, and other inci-
dental costs and expenses, without regard to the provisions of existing
law governing the expedenture of public funds and for adminis-
trative expenses, including rent, printing and binding, and the em-
ployment of persons and means, in the District of Columbia, and
elsewhere, such employment of persons to be in accordance with the
provisions applicable to the employment of persons by the Agricul-
tural Adjustment Administration.
In carrying out clause (2) of section 32, the funds appropriated by
said section may be used for the purchase, without regard to th9 pro-
visions of existing law governing the expenditure of public funds, of
agricultural commodities and products thereof and such commodities,
as well as agricultural commodities and products thereof purchased
under the preceding paragraph of this section, may be donated for
relief purposes and for use in nonprofit summer camps for children.~
(15 U.S.C. 713c.)
1 50 Stat. 323 February tO, 1938, 52 Stat. 31. 38; June 27 i942 56 Stat 461
- The functions of the Feleral Surplus Commodities Corporation have been transferred
of Agriculture (7 U.S.C. 612a, note) and the Corporation has been
The last nine words were added by the Act of July 2, 1958, 72 Stat. 286.
PAGENO="0680"
670
NATIONAL FOUNDATION ON THE ARTS AND THE H xrrn~s ACT oi' 1965
(P.L. 89-209)
AN ACT To provide for the establishment of the National Foundation on the
Arts and the Humanities to promote progress and scholarship in the human-
ities and the arts in the United States, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "National Foundation on the Arts and the Humanities
Act of 1965."
DECLARATION OF PURPOSE
SEC. 2. The Congress hereby ffnds and declares-
(1) that the encouragement and support of national progress
and scholarship in the humanities a.nd the arts. while primarily
a matter for private and local initiative., is also an appropria.te
matter of concern to the Federal Gove.rmne.nt:
(2) that a high civilization must not limit its efforts to science
and technology alone but must give full value and support to
the other great branches of man's scholarly and cultural activity
in order to achieve a better understanding of t.he past, a better
analysis of the present, and a better view of the future;
(3) that democracy demands wisdom and vision in its citi-
zens and that it must. therefore foster and support. a. form of
education designed to make men masters of their technology and
not its unthinking servant;
(4) that it is necessary and appropriate for the Federal Gov-
ernment to complement, assist., a.nd add to programs for the
advancement of the humanities a.nd the arts by local. State,
regional, and private agencies and their organizations;
(5) that the practice of art and the study of the humanities
requires constant dedication and devot.ion a.nd that. wink, no
government can call a great artist. or scholar into existence. it
is necessary and appropriate for the Federal Government to
help create a.nd sustain not only a climate encouraging freedom
of thought. imagination. a.nd inquiry but also the material con-
ditions facilitating the release of this creative. talent;
(6) that the world leadership which has come. to the. t~nited
States cannot rest solely upon superior power. wealth, and
technology, but must be solidly founded upon worldwide respect
and admiration for the Nation's high qualities as a. leader in
the realm of ideas and of the spirit: and
(7) that, in order to implement these findings, it is desirable
to establish a National Foundation on the Arts and the
Humanities.
DEFINITIONS
SEC. 3. As used in this Act-
(a) The term "humanities" includes. but is not limited to. the study
of the following: language. both modern and classical; linguistics;
literature; history; jurisprudence; philosophy: archeology; compara-
tive religion; ethics; the history, criticism, theory, and practice of
PAGENO="0681"
671
the arts; those aspects of the social sciences which have humanistic
content and employ humanistic methods; and the study and applica-
tion of the humanities to the human environment with particular
attention to the relevance of the humanities to the current conditions
of national life.
(b) The term "the arts" includes, but is not limited to, music
(instrumental and vocal), dance, drama, folk art, creative writing,
architecture and allied fields, painting, sculpture, photography,
graphic and craft arts, industrial design, costume and fashion design,
motion pictures, television, radio, tape and sound recording, the arts
related to the presentation, performance, execution, and exhibition
of such major art forms, and the study and application of the arts
to human environment.
(c) The term "production" means plays (with or without music),
ballet, dance and choral performances, concerts, recitals, operas, ex-
hibitions, readings, motion pictures, television, radio, and tape and
sound recordings, and any other activities involving the execution or
rendition of the arts and meeting such standards as may be approved
by the National Endowment for the Arts established by section 5 of
this Act.
(d) The term "project" means existing programs which further the
purposes of this Act, and programs newly organized to further such
purposes, including programs to foster American artistic creativity,
to commission works of art, to create opportunities for individuals
to develop artistic talents when carried on as a part of a program
otherwise included in this definition, and to develop and enhance
public knowledge and understanding of the arts, and includes, where
appropriate, rental, or purchase of facilities, purchase or rental of
land, and acquisition of equipment. Such term also includes-
(1) the renovation of facilities if (A) the amount of the expen-
diture of Federal funds for such purpose in the case of any
project does not exceed $250,000, or (B) two-thirds of the mem-
bers of the National Council on the Arts (who are present and
voting) approved of the grant or contract involving an expendi-
ture for such purpose; and
(2) the construction of facilities if (A) such construction is for
demonstration purposes or under unusual circumstances where
there is no other manner in which to accomplish an artistic pur-
pose, and (B) two-thirds of the members of the National Coun-
cil on the Arts (who are present and voting) approve of the
grant or contract involving an expenditure for such purpose.
(e) The term "group" includes any State or other public agency,
and any nonprofit society, institution, organization. association, mu-
seum, or establishment in the United States, whether or not incor-
porated.
(f') The term "workshop" means an activity the primary purpose
of which is to encourage the artistic development or enjoyment of
amateur, student, or other nonprofessional participants, or to pro-
mote scholarship and teaching among the narticipants.
(g) The term "State" includes, in addition to the several States
of the TTnion, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, and the Virgin Islands.
PAGENO="0682"
672
SEC. 4. (a) There is established a National Foundation on the Arts
and the Humanities (hereinafter referred to as the "Foundation").
which shall be composed of a National Endowment for the Arts,
a National Endowment for the Humanities. and a Federal Council
on the Arts and the Humanities (hereinafter established).
(b) The purpose of the Foundation shall be to develop and promote
abroadly conceived national policy of support for the humanities and
the arts in the United States pursuant to this Act.
(c) In the administration of this Act no department. agency. officer,
or employee of the United States shall exercise any direction, super-
vision, or control over the policy determination, personnel, or cur-
riculum, or the administration or operation of any school or other
non-Federal agency, institution, organization, or association.
ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE ARTS
SEC. 5. (a) There is established within the Foundation a National
Endowment for the Arts.
(b) (1) The Endowment shall be headed by a chairman. to be l~own
as the Chairman of the National Endowment for the Arts. who shall
be appointed by the President, by and with the advice and consent
of the Senate.
(2) The term of office of the Chairman shall be four years and the
Chairman shall he eligible for reappointment. The provisions of this
subsection shall apply to any person appointed to fill a vacancy in
the office of Chairman. Upon expiration of his term of office the
Chairman shall serve until his successor shall have been appointed
and shall have qualified.
(c) The Chairman, with the advice of the National Council on the
Arts, is authorized to establish and carry out a program of con-
tracts with, or grants-in-aid to, groups. or, in appropriate cases, indi-
viduals of exceptional talent engaged in or concerned with the arts~
for the purpose of enabling them to provide or support in the United
States-
(1) projects and productions which have substantial artistic
and cultural significance, giving emnhasis to American creativity
and the maintenance and encouragement of professional
excellence;
(2) projects and productions, meeting professional standards
of authenticity, irrespective of origin, which are of significant
merit and which, without such assistance. would otherwise be un-
available to our citizens for geogranhie or economic reasons;
(3) proiects and productions that will encouraa~e and assist
artists and enable them to achieve wider distribution of their
works, to work in residence at an educational or cultural institu-
tion, or to achieve standards of professional excellence;
(4) workshops that will encoura~e and develop the appreciation
and enjoyment of the arts by our citizens;
(5) other relevant proiects. including surveys. research. plan-
ning, and publications relating to the purposes of this subsection.
In the case of publications under clause (5) of this subsection such
publications may be supported without regard for th~ provisions of
section 501 of title 44, United States Code, only if the Chairman con-
PAGENO="0683"
673
sults with the Joint Committee on Printing of the Congress and the
Chairman submits to the Committee on Labor and Public Welfare of
the Senate and the Committee on Education and Labor of the House of
Representatives a report justifying any exemption from such section
(d) No payment may be made to any group under this section except
upon application therefor which is submitted to the National Endow-
ment for the Arts in accordance with regulations and procedures estab-
lished by the Chairman.
(e) The total amount of any grant to any group pursuant to sub-
section (c) of this section shall not exceed 50 per centum of the total
cost of such project or production, except that not more than 20 per
centum of the funds allotted by the National Endowment for the Arts
for the purposes of subsection (c) for any fiscal year may be available
for grants and contracts in that fiscal year without regard to such
limitation.
(f) Any group shall be eligible for financial assistance pursuant to
this section only if (1) no part of its net earnings inures to the benefit
of any private stockholder or stockholders, or individual or individ-
uals, and (2) donations to such group are allowable as a charitable
contribution under the standards of subsection (c) of section 170 of
the Internal Revenue Code of 1954.
(g) (1) The Chairman, with the advice of the National Council on
the Arts, is authorized to establish and carry out a program of grants-
in-aid to assist the several States in supporting existing projects and
productions which meet the standards enumerated in section 5(c) of
this Act, and in developing projects and productions in the arts in such
a manner as will furnish adequate programs, facilities, and services in
the arts to all the people and communities in each of the several States.
(2) In order to receive assistance under this subsection in any fiscal
year, a State shall submit an application for such grants at such time
as shall be specified by the Chairman and accompany such applications
with a plan which the Chairman finds-
(A) designates or provides for the establishment of a State
agency (hereinafter in this section referred to as the "State
agency") as the sole agency for the administration of the State
plan, except that in the case of the District of Columbia, the
Recreation Board, or any successor designated for the purpose of
this Act by the Commissioner of the District of Columbia, shall
be the "State agency";
(B) provides that funds paid to the State under this subsection
will be expended solely on projects and productions approved by
the State agency which carry out one or more of the objectives of
subsection (c) ; and
(C) provides that the State agency will make such reports, in
such form and containing such information, as the Chairman may
from time to time require.
(3) Of the sums available to carry out this subsection for any fiscal
year, each State which has a plan approved by the Chairman shall be
allotted at least $200,000. If the sums appropriated are insufficient to
make the allotments under the preceding sentence in full, such sums
shall be allotted among such States in equal amounts. In any case
where the sums available to carry out this subsection for any fiscal year
PAGENO="0684"
674
are in excess of the amount required to make the allotments under the
first sentence of this paragraph-
(A) the amount of such excess which is no greater than 25 per
centum of the sums available to carry out this subsection for any
fiscal year shall be available only to the Chairman for making
grants under this subsection to States and regional groups, and
(B) the amount of such excess, if any, which remains after
reserving in full for the Chairman the amount required under
clause (A) shall be allotted among the States which have plans
approved by the Chairman in equal amounts but in no event shall
any State be allotted less than $200,000.
(4) (A) The amount of any allotment made under paragraph (3)
for any fiscal year which exceeds $125,000 shall be available, at the dis-
cretion of the Chairman, to pay up to 100 per centum of such cost of
projects and productions if such project [sic] and productions would
otherwise be unavailable to the residents of that State: Provided, That
the total amount of any such allotment for any fiscal year which is
exempted from such 50 per centum limitation shall not exceed. 20 per
centum of the total of such allotment for such fiscal year.
(B) Any amount allotted to a State under the first sentence of para-
graph (3) for any fiscal year which is not obligated by the State prior
to 60 days prior to the end of the fiscal year for which such sums are
appropriated shall be available for making grants to regional groups.
(C) Funds made available under this subsection shall not be used
to supplant non-Federal funds.
(D) For the purpose of paragraph (3) and paragraph (4) of this
section the term "regional group" means any multistate group,
whether or not representative of contiguous States.
(5) All amounts allotted or made available under paragraph (3)
for a fiscal year which are not granted to a State during such year
shall be available at the end of such year to the National Endowment
for the Arts for the purpose of carrying out section 5(c).
(h) Whenever the Chairman, after reasonable notice and oppor-
tunity for hearing, finds that-
(1) a group is not complying substantially with the provisions
of this section;
(2) a State agency is not complying substantially with terms
and conditions of its State plan approved under this section; or
(3) any funds granted to a group or State agency under this
section have been diverted from the purposes for which they are
allotted or paid,
the Chairman shall immediately notify the Secretary of the Treasury
and the group or State agency with respect to which such finding was
made that no further grants will be made under this section to such
group or agency until there is no longer and default or failure to com-
ply or the diversion has been corrected, or, if compliance or correction
is impossible, until such group or agency repays or arranges the repay-
ment of the Federal funds which have been improperly diverted or
expended.
(i) It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the State
PAGENO="0685"
075
or State agency receiving such grant furnish adequate assurances to
the Secretary of Labor that (1) all professional performers and
related or supporting professional personnel (other than laborers and
mechanics with respect to whom labor standards are prescribed in
subsection (j) of this section) employed on projects or productions
which are financed in whole or in part under this section will be paid,
without subsequent deduction or rebate on any account, not less than
the minimum compensation as determined by the Secretary of Labor
to be the prevailing minimum compensation for persons employed
in similar activities; and (2) no part of any project or production
which is financed in whole or in part under this section will be per-
formed or engaged in under working conditions which are unsanitary
or hazardous or dangerous to the health and safety of the employees
engaged in such project or production. Compliance with the safety
and sanitary laws of the State in which the performance or part there-
of is to take place shall be prima facie evidence of compliance. The
Secretary of Labor shall have the authority to prescribe standards,
regulations, and procedures as he may deem necessary or appropriate
to carry out the provisions of this subsection.
(j) It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the State
or State agency receiving such grant furnish adequate assurances to
the Secretary of Labor that all laborers and mechanics employed by
contractors or subcontractors on construction projects assisted under
this section shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by the Secretary
of Labor in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5). The Secretary of Labor shall have with respect
to the labor standards specified in this subsection the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (15
F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13,
1934, as amended (40 U.S.C. 276c).
(k) The Chairman shall correlate the programs of the National
Endowment for the Arts insofar as practicable, with existing Federal
programs and with those undertaken by other public agencies or pri-
vate groups, and shall develop the programs of the Endowment with
due regard to the contribution to the objectives of this Act which can
be made by other Federal agencies under existing programs.
NATIONAL COUNCIL ON THE ARTS
SEc. 6. (a) There shall be, within the National Endowment for
the Arts, a National Council on the Arts (hereinafter in this section
referred to as the "Council").
(b) The Council shall be composed of the Chairman of the Na-
tional Endowment for the Arts, who shall be Chairman of the Council,
and twenty-six other members appointed by the President who shall
be selected-
(1) from among private citizens of the United States who
are widely recognized for their broad knowledge of, or expertise
in, or for their profound interest in, the arts;
44-078 0 - 75 - 44
PAGENO="0686"
676
(2) so as to include practicing artists, civic cultural leaders,
members of the museum profession, and others who are profes-
sionally engaged in the arts; and
(3) so as collectively to provide an appropriate distribution
of membership among the major art fields.
The President is requested, in the making of such appointments, to
give consideration to such recommendations as may. from time to time,
be submitted to him by leading national organizations in these fields.
(c) Each member shall hold office for a term of six years, and the
terms of office shall be staggered. No member shall be eligible for re-
appointment during the two-year period following the expiration of
his term. Any member appointed to fill a vacancy shall serve for the
remainder of the term for which his predecessor was appointed.
(d) The Council shall meet at the call of the Chairman but not
less often than twice during each calendar year. Fourteen members of
the Council shall constitute a quorum.
(e) Members shall receive compensation at a rate to be fixed by the
Chairman but not to exceed the per diem equivalent: of the rate
authorized for grade GS-18 by section 5332 of title 5 of the United
States Code and be allowed travel expenses including per diem in lieu
of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the
Government service employed intermittently.
(f) The Council shall (1) advise the Chairman with respect to
policies, programs, and procedures for carrying out his functions,
duties, or responsibilities under this Act, and (2) review applications
for financial assistance under this Act and make recommendations
thereon to the Chairman. The Chairman shall not approve or dis-
approve any such application until he has received the recommenda-
tion of the Council on such application, unless the Council fails to
make a recommendation thereon within a reasonable time. In the case
of an application involving $17,500 or less, the Chairman may approve
or disapprove such request if such action is taken pursuant to the
terms of a delegation of authority from the Council to the Chairman,
and provided that each such action by the Chairman shall be reviewed
by the Council; Provided, That the terms of any such delegation of
authority shall not permit obligations for expenditure of funds under
such delegation for any fiscal year which exceed an amount equal to
10 per centum of the sums appropriated for that fiscal year pursuant
to sub-paragraph (A) of paragraph (1) of section 11(a).
ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE
HUMANITIES
SEc. 7. (a) There is established within the Foundation a National
Endowment for the Humanities.
(b) (1) The Endowment shall be headed by a chairman. who shall
be appointed by the Président, by and with the advice and consent
of the Senate.
(2) The term of office of the Chairman shall be four years, and
the Chairman shall be eligible for reappointment. The provisions of
this paragraph shall apply to any person appointed to ifil a vacancy
in the office of the Chairman. Upon expiration of his term of office
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the Chairman shall serve until his successor shall have been appointed
and shall have qualified.
(c) The Chairman, with the advice of the National Council on
the Humanities (hereinafter established), is authorized to-
(1) develop and encourage the pursuit of a national policy for
the promotion of progress and scholarship in the humanities;
(2) initiate and support research and programs to strengthen
the research and teaching potential of the United States in the
humanities by making arrangements (including contracts, grants,
loans, and other forms of assistance) with individuals or groups
to support such activities; any loans made by the Endowment
shall be made in accordance with terms and conditions approved
by the Secretary of the Treasury;
(3) award fellowships and grants to institutions or individuals
for training and workshops in the humanities. Fellowships
awarded to individuals under this authority may be for the pur-
pose of study or research at appropriate non-profit institutions
selected by the recipient of such aid, for stated periods of time;
(4) foster the interchange of information in the humanities;
(5) foster, through grants or other arrangements with groups,
education in, and public understanding and appreciation of the
humanities;
(6) support the publication of scholarly works in the humani-
ties; and
(7) insure that the benefit of its programs will also be avail-
able to our citizens where such programs would otherwise be un-
available due to geographic or economic reasons.
In the case of publications under clause (6) of this subsection such
publications may be supported without regard for the provisions of
section 501 of title 44, United States Code, only if the Chairman con-
sults with the Joint Committee on Printing of the Congress and the
Chairman submits to the Committee on Labor and Public Welfare
of the Senate and the Committee on Education and Labor of the
House of Representatives a report justifying any exemption from such
section 501.
(d) The Chairman shall correlate the programs of the National
Endowment for the Humanities, insofar as practicable, with existing
Federal programs, designated State humanities agencies and with
those undertaken by other public agencies or private groups, and shall
develop the programs of the Endowment with due regard to the con-
tribution to the objectives of this Act which can be made by other
Federal agencies under existing programs.
(e) The total amount of any grant under subsection (c) (3) to any
group engaging in workshop activities for which an admission or
other charge is made to the general public shall not exceed 30 per cen-
turn of the total cost of such activities.
ESTABLISHMENT OF THE NATIONAL COUNCIL ON THE HUMANITIES
SEC. 8. (a) There is established in the National Endowment for the
Humanities a National Council on the Humanities.
(b) The Council shall be composed of the Chairman of the National
Endowrneht on the Humanities, who shall be the Chairman of the
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Council, and twenty-six other members appointed by the President
from private life. Such members shall be selected on the basis of dis-
tinguished service and scholarship or creativity and in a manner
which will provide a comprehensive representation of the views of
scholars and professional practitioners in the humanities and of the
public throughout the United States. The President is requested in
the making of such appomtments to give consideration to such recom-
mendations as may from time to time be submitted to him by leading
national organizations concerned with the humanities.
(c) Each member shall hold office for a term of six years, except
that (1) the members first taking office shall serve, as designated by
the President, nine for terms of two years, nine for terms of four
years, and eight for terms of six years, and (2) any member appointed
to fill a vacancy shall serve for the remainder of the term for which his
predecessor was appointed. No member shall be eligible for reappoint-
ment during the two-year period following the expiration of his term.
(d) The Council shall meet at the call of the Chairman but not
less often than twice during each calendar year. Fourteen members
shall constitute a quorum.
(e) Members shall receive compensation at a rate to be fixed by the
Chairman but not to exceed the per diem equivalent of the rate author-
ized for grade GS-18 by section 5332 of title 5 of the United States
Code and be allowed travel expenses including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in the
Government service employed intermittently.
(f) The Council shall (1) advise the Chairman with respect to
policies, programs, and procedures for carrying out his functions, and
(2) shall review applications for financial support and make recom-
mendations thereon to the Chairman. The Chairman shall not approve
or disprove, any such application until he has received the recom-
mendation of the Council on such application, unless the Council fails
to make a recommendation thereon within a reasonable time. In the
case of any application involving $17,500, or less, the Chairman may
approve or disapprove such request if such action is taken pursuant
to the terms of a delegation of authority from the Council to the
Chairman, and provided that each such action by the Chairman shall
be reviewed by the Council: Provided, That the terms of any such
delegation of authority shall not permit obligations for expenditure
of funds under such delegation for any fiscal year which exceed an
amount equal to 10 per centum of the sums appropriated for that. fiscal
year pursuant to subparagraph (B) of paragraph (1) of section 11(a).
ESTABLISHMENT OF THE FEDERAL COUNCIL ON THE ARTS AND
THE HUMANITIES
SEC. 9. (a) There is established within the Foundation a Federal
Council on the Arts and the Humanities.
(b) The Council shall be composed of the Chairman of the National
Endowment for the Arts, the Chairman of the National Endowment
for the Humanities, the United States Commission of Education. the
Secretary of the Smithsonian Institution, the Director of the IN ational
Science Foundation, the Librarian of Congress, the Director of the
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National Gallery of Art, the Chairman of the Commission of Fine
Arts, the Archivist of the United States, the Commissioner, Public
Buildings Service, General Services Administration, a member des-
ignated by the Secretary of State, and a member designated by the
Secretary of the Interior, a member designated by the Chairman of the
Senate Commission on Art and Antiquities, and a member designated
by the Speaker of the House. The President shall designate the Chair-
man of the Council from among the members. The President is au-
thorized to change the membership of the Council from time to time
as he deems necessary to meet changes in Federal programs or execu-
tive branch organization.
(c) The Council shall-
(1) advise and consult with the Chairman of the National
Endowment for the Arts and the Chairman of the National
Endowment for the Humanities on major problems arising in
carrying out the purposes of the Foundation;
(2.) coordinate, by advice and consultation, so far as is prac-
ticable, the policies and operations of the National Endowment
for the Arts and the National Endowment for the Humanities,
including joint support of activities, as appropriate;
(3) promote coordination between the programs and activities
of the Foundation and related programs and activities of other
Federal agencies; and
(4) plan and coordinate appropriate participation (including
productions and projects) in major and historic national events.
ADMINISTRATIvE PROVISIONS
SEC. 10. (a) In addition to any authorities vested in them by other
provisions of this Act, the Chairman of the National Endowment for
the Arts and the Chairman of the National Endowment for the
Humanities, in carrying out their respective functions, shall each have
authority-
(1) to prescribe such regulations as he deems necessary govern-
ing the manner in which his functions shall be carried out;
(2) in the discretion of the Chairman of an Endowment, after
receiving the recommendation of the National Council of that
Endowment, to receive money and other property donated, be-
queathed, or devised to that Endowment with or without a condi-
tion or restriction, including a condition that the Chairman use
other funds of that Endowment for the purposes of the gift, except
that a Chairman may receive a gift without a recommendation
from the Council to provide support for any application or proj-
ect which can be approved without Council recommendation under
the provisions of sections 6(f) and 8(f), and may receive a gift of
$15,000, or less, without Council recommendation in the event the
Council fails to provide such recommendation within a reasonable
period of time, and to use, sell, or otherwise dispose of such prop-
erty for the purpose of carrying out sections 5(c) and 7(c)
(3) to appoint employees, subject to the civil service laws, as
necessary to carry out his functions, define their duties, and Super-
vise and direct their activities;
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(4) to utilize from time to time, as appropriate, experts and
consultants, including panels of experts, who may `be employed
as authorized by section 15 of the Administrative Expenses Act
of 1946, as amended (5 U.S.C. 55a) Provided, however. That any
advisory panel appointed to review or make recomn~iendations
with respect to the approval of applications or projects for fund-
ing shall have broad geographic representation;
(5) to accept and utilize the services of voluntary and imcom-
pensated personnel and reimburse them for travel expenses, in-
cluding per diem, as authorized by law (5 U.S.C. 73b-2) for per-
sons in the Government service employed without compensation;
(6) to make advance, progress, and other payments without
regard to the provisions of section 3648 of the Revised Statutes
(31 U.S.C. 529);
(7) to rent office space in the District of Columbia; and
(8) to make other necessary expenditures. In any case in which
any money or other property is donated. bequeathed. or devised
to the Foundation (A) without desi~nation of the Endowment
for the benefit of which such property is intended, and (B) with-
out condition or restriction other than it be used for the purposes
of the Foundation, such property shall be deemed to have been
donated, bequeathed, or devised in equal shares to each Endow-
ment and each Chairman of an Endowment shall have authority
to receive such property. In any case in which any money or
other property is donated, bequeathed. or devised to the Founda-
tion with a condition or restriction, such property shall be deemed
to have been donated, bequeathed, or devised to that Endowment
whose function it is to carry out the purpose or purposes described
or referred to by the terms of such condition or restriction, and
each Chairman of an Endowment shall have authority to receive
such property. For the purposes of the preceding sentence, if one
or more of the purposes of such a condition or restriction is
covered by the functions of both Endowments, or if some of the
purposes of such a condition or restriction are covered by the
functions of one Endowment and other of the purposes of such
a condition or restriction are covered by the functions of the other
Endowment, the Federal Council on the Arts and the Humanities
shall determine an equitable manner for distribution between
each of the Endowments of the property so donated. bequeathed~
or devised. For the purpose of the income tax. gift tax. and
estate tax laws of the United States. any money or other property
donated, bequeathed, or devised to the Foundation or one of its
Endowments and received by the Chairman of an Endowment
pursuant to authority derived under this subsection shall be
deemed to have been donated, bequeathed, or devised to or for
the use of the United States.
(b) The Chairman of the National Endowment for the Arts and
the Chairman of the National Endowment for the Humamties shall
each submit an annual report to the President for transmittal to the
Congress on or before the 15th day of January of each year. The re-
port shall summarize the activities of the Endowment for the preced-
ing year, and may include such recommendations as the Chairman
deems appropriate.
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(c) The National Council on the Arts and the National Council on
the Humanities, respectively, may each submit an annual report to the
President for transmittal to the Congress on or before the 15th day
of January of each year setting forth a summary of its activities dur-
ing the preceding year or its recommendations for any measures which
it considers necessary or desirable.
AUTHORIZATION OF APPROPRIATIONS
SEC. 11. (a) (1) (A) For the purpose~ of carrying out section 5(c),
there are authorized to be appropriated to the National Endowment for
the Arts, $54,000,000 for the fiscal year ending June 30, 1974, $90,000,-
000 for the fiscal year ending June 30, 1975, and $113,500,000 for the
fiscal year ending June 30, 1976. For the purpose of carrying out sec-
tion 5(g), there are authorized to be appropriated to the National
Endowment for the Arts $11,000,000 for the fiscal year ending June 30,
1974. Not less than 20 per centum of the funds appropriated under the
first sentence of this paragraph for the fiscal years ending June 30,
1975, and June 30, 1976, may be used only for the purpose of carrying
out section 5(g).
(B) For the purposes of carrying out section 7(c), there are
authorized to be appropriated to the National Endowment for the
Humanities $65,000,000 for the fiscal year ending June 30, 1974, $90,-
000,000 for the fiscal year ending June 30, 1975, and $113,500,000 for
the fiscal year ending June 30, 1976.
(2) There are authorized to be appropriated for each fiscal year
ending prior to July 1, 1976, to the National Endowment for the Arts
and the National Endowment for the Humanities, an amount equal
to the total amounts received by each Endowment under section 10(a)
(2), except that the amount so appropriated for any fiscal year shall
not exceed the following limitations:
(A) For the fiscal year ending June 30, 1974, $15,000,000.
(B) For the fiscal year ending June 30, 1975, $20,000,000.
(C) For the fiscal year ending June 30, 1976, $25,000,000.
(b) (1) Sums appropriated pursuant to subsection (a) for any
fiscal year shall remain available for obligation ad expenditure until
expended.
(2) Tn order to afford adequate notice to interested persons of avail-
able assistance under this Act, appropriations authorized under sub-
section (a) are authorized to be included in the measure making ap-
propriations for the fiscal year preceding the fiscal year for which
such apnropriations become available for obligation.
(c) There are authorized to be appropriated such sums as may be
necessary to administer the provisions of this Act.
(d) No grant shall be made to a workshop (other than a workshop
conducted by a school, college, or university) for a production for
which direct or indirect admission charge is asked if the proceeds, after
deducting reasonable costs, are used for purposes other than assisting
the grantee to develop high standards of artistic excellence' or en-
courage greater appreciation of the arts and humanities by our citizens.
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NATIONAL SCIENCE Fouxr)ATI0N ACT oi' 1950
(PUBLIC LAW 507-81ST CONGRESS)1
AN ACT To promote the progress of science; to advance the national health,
prosperity, and welfare; to secure the national defense; and other purposes
Be it enacted by the Senate and Howse of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "National Science Foundation Act of 1950."
ESTABLISHMENT OF NATIONAL SCIENCE FOUNDATION
SEC. 2. There is hereby established in the executive branch of the
Government an independent agency to be known as the National
Science Foundation (hereinafter referred to as the "Foundation").
The Foundation shall consist of a National Science Board (herein-
after referred to as the "Board") and a Director.
FUNCTIONS OF THE FOUNDATION
SEC. 3. (a) The Foundation is authorized and directed-
(1) to initiate and support basic scientific. research and pro-
grams to strengthen scientific research potential and science edu-
cation programs at all levels in the mathematical, physical, med-
ical, biological, engineering, social, and other sciences, by making
contracts or other arrangements (including grants, loans, and
other forms of assistance) to support such scientific and educa-
tional activities and to appraise the impact of research upon
industrial development and upon the general welfare;
(2) to award, as provided in section 10, scholarships and grad-
uate fellowships in the mathematical, physical, medical, biolog-
ical, engineering, social, and other sciences;
(3) to foster the interchange of scientific information among
scientists in the United States and foreigil colmtries;
(4) to foster and support the development and use of computer
and other scientific methods and technologies, primarily for
research and education in the sciences;
(5) to evaluate the status and needs of the various sciences as
evidenced by programs, projects, and studies undertaken by
agencies of the Federal Government, by individuals, and by pub-
lic and private research groups, employing by grant or contract
such consulting services as it may deem necessary for the purpose
of such evaluations; and to take into consideration the results of
such evaluations in correlating the research and educational pro-
grams undertaken or supported by the Foundation with programs,
projects, and studies undertaken by agencies of the Federal Gov-
ernment, by individuals, and by public and private research
groups;
1 As amended by: Act of April 5, 1952 (P.L. 82-298: 66 Stat. 43), Act of Aug. 8. 1953
(P.L. 83-223; 67 Stat. 488). Act of July 11, 1958 (P.L. 85-510; 72 Stat. `353). Act of
Sept. 8, 1959 (P.L. 86-232; 73 Stat. 467), Act of June 11, 1980 (P.L. 86-507: 74 Stat.
2001. Act of June 29, 1960 (P.L. 86-550: 74 Stat. 256). Act of Oct. 16. 1962 (P.L.
87-835: 76 Stat. 1069), Act of July 18, 1968 (FL. 90-40T: 82 Stat. 380). Act of November
18, 1969 (P.L. 91-120; 83 Stat. 203) ; Act of August 10, 1072 (P.L. 92-372. 86 Stat. 526),
and Act of October 13, 1972 (P.L. 92-484, 86 Stat. `791).
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(6) to maintain a current register of scientific and technical
personnel, and in other ways to provide a central clearinghouse
for the collection, interpretation, and analysis of data on the
availability of, and the current and projected need for, scientific
and technical resources in the United States, and to provide a
source of information for policy formulation by other agencies
of the Federal Government; and
(7) to initiate and maintain a program for the determination
of the total amount of money for scientific research, including
money allocated for the construction of the facilities wherein such
research is conducted, received by each educational institution
and appropriate nonprofit organization in the United States, by
grant, contract, or other arrangement from agencies of the Fed-
eral Government, and to report annually thereon to the President
and the Congress.
(b) The Foundation is authorized to initiate and support specific
scientific activities in connection with matters relating to international
cooperation, national security, and the effects of scientific applications
upon society by making contracts or other arrangements (including
grants, loans, and other forms of assistance) for the conduct of such
activities. When initiated or supported pursuant to requests made by
any other Federal department or agency, including the Office of Tech-
nology Assessment, such activities shall be financed whenever feasible
from funds transferred to the Foundation by the requesting official as
provided in section 14(g), and any such activities shall be unclassified
and shall be identified by the Foundation as being undertaken at the
request of the appropriate official.
(c) In addition to the authority contained in subsections (a) and
(b), the Foundation is authorized to initiate and support scientific
research, including applied research, at academic and other nonprofit
institutions. When so directed by the President, the Foundation is fur-
ther authorized to support, through other appropriate organizations,
applied scientific research relevant to national problems involving the
public interest. In exercising the authority contained in this subsec-
tion, the Foundation may employ be grant or contract such consulting
services as it deems necessary, and shall coordinate and correlate its
activities with respect to any such problem with other agencies of the
Federal Government undertaking similar programs in that field.
(d) The Board and the Director shall recommend and encourage
the pursuit of national policies for the promotion of basic research
and education in the sciences.
(e) In exercising the authority and discharging the functions
referred to in the foregoing subsections, it shall be one of the objec-
tives of the Foundation to strengthen research and education in the
sciences, including independent research by individuals, throughout
the United States, and to avoid undue concentration of such research
and education.
(f) The Foundation shall render an annual report to the President
for submission on or before the 15th day of January of each year to
the Congress, summarizing the activities of the Foundation and mak-
ing such recommendations as it may deem appropriate. Such report
shall include information as to the acquisition and disposition by the
Foundation of any patents and patent rights.
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NATIONAL SCIENCE BOARD
SEC. 4. (a) The Board shall consist of twenty-four members to
be appointed by the President, by and with the advice and consent of
the Senate, and of the Director ex officio. In addition to any powers
and functions otherwise granted to it by this Act, the Board shall
establish the policies of the Foundation.
(b) The Board shall have an Executive Committee as provided in
section 7, and may delegate to it or to the Director or both such of the
powers and functions granted to the Board by this Act as it deems
appropriate.
(c) The persons nominated for approimnent as members of the
Board (1) shall be eminent in the fields of the basic, medical, or social
sciences, engineering, agriculture, education, research management or
public affairs; (2) shall be selected solely on the basis of established
records of distinguished service and (3) shall be so selected as to
provide representation of the views of scientific leaders in all areas of
the Nation. The President is requested, in the making of nominations
of persons for~ appointment as members, to give due consideration to
any recommendations for nomination which may be submitted to him
by the National Academy of Sciences, the National Association of
State Universities and Land Grant Colleges, the Association of
American Universities, the Association of American Colleges, the
Association of State Colleges and Universities, or by other scientific
or educational organizations.
(d) The term of office of each member of t.he Board shall be six years;
except that any member appointed to fill a vacancy occurring prior to
the expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. Any person, other
than the Director, who has been a member of the Board for twelve
consecutive years shall thereafter be ineligible for appointment during
the two-year period following the expiration of such twelfth year.
(e) The Board shall meet annually on the third Monday in May
unless, prior to May 10 in any year, the Chairman has set the annual
meeting for a day in May other than the third Monday and at such
other times as the Chairman may determine, but he shall also call a
meeting whenever one-third of the members so request in writing. A
majority of the members of the Board shall constitute a quorum. Each
member shall be given notice, by registered mail or certified mail
mailed to his last known address of record not less than fifteen days
prior to any meetingS of the call of such meeting.
(f) The election of the Chairman and Vice Chairman of the Board
shall take place at each annual meeting occurring in an even-nilmhered
year. The Vice Chairman shall perform the duties of the Chairman in
his absence. In case a vacancy occurs in the chairmanship or vice chair-
manship, the Board shall elect a member to fill such vacancy.
(g) The Board shall render an annual report to the President, for
submission on or before the 31st day of January of each year to the
Congress, on the status and health of science and its various disciplines.
Such report shall include an assessment of such matters as national
scientific resources and trained manpower, progress in selected areas
of basic scientific research, and an indication of those aspects of such
progress which might be applied to the needs of American society. The
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report may include such recommendations as the Board may deem
timely and appropriate.
(h) The Board may, with the concurrence of a majority of its mem-
bers, permit the appointment of a staff consisting of not more than
five professional staff members and such clerical staff members as may
be necessary. Such staff shall be appointed by the Director and as-
signed at the direction of the Board. The professional members of such
staff may be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive serv-
ice, and the provisions of chapter 51 of such title relating to classifica-
tion, and compensated at a rate not exceeding the appropriate rate
provided for individuals in grade GS-15 of the General Schedule
under section 5332 of such title, as may be necessary to provide for the
performance of such duties as may be prescribed by the Board in con-
nection with the exercise of its powers and functions under this Act.
Each appointment under this subsection shall be subject to the same
security requirements as those required for personnel of the Founda-
tion appointed under sectioii 14(a).
(i) The Board is authorized to establish such special commissions as
it may from time to time deem necessary for the purposes of this Act.
(j) The Board is also authorized to appoint from among its mem-
bers such committees as it deems necessary, and to assign to commit-
tees so appointed such survey and advisory functions as the Board
deems appropriate to assist it in exercising its powers and functions
under this Act.
DIRECTOR OP THE PO~TNDATION
SEC. 5. (a) The Director of the Foundation (referred to in this Act
as the "Director") shall be appointed by the President by and with the
advice and consent of the Senate. Before any person is appointed as
Director, the President shall afford the Board an opportunity to make
recommendations to him with respect to such appointment. The Direc-
tor shall receive basic pay at the rate provided for level II of the Exec-
utive Schedule under section 5313 of title 5, United States Code, and
shall serve for a term of six years unless sooner removed by the
President.
(b) Except as otherwise specifically provided in this Act (1) the
Director shall exercise all of the authority granted to the Foundation
by this Act (including any powers and functions which may be dele-
gated to him by the Board), and (2) all actions taken by the Director
pursuant to the provisions of this Act (or pursuant to the terms of a
delegation from the Board) shall be final and binding upon the Foun-
dation.
(c) The Director may from time to time make such provisions as he
deems appropriate authorizing the performance by any other officer,
agency, or employee of the Foundation of any of his functions under
this Act, including functions delegated to him by the Board; except
that the Director may not redelgate policy-making functions delegated
to him by the Board.
(d) The formulation of programs in conformance with the policies
of the Foundation shall be carried out by the Director in consultation
with the Board.
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686
(e) The Director shall not make any contract, grant, or other ar-
rangement pursuant to section 11(c) without the prior approval of t.he
Board, except that a grant, contract, or other arrangement involving
a total commitment of less than $2,000,000 or less than $500,000 in any
one year, or a commitment of such lesser amount or amounts and sub-
ject to such other conditions as the Board in its discretion may from
time to time determine to be appropriate and publish in the Federal
Register, may be made if such action is taken pursuant to the terms and
conditions set forth by the Board, and if each such action is reported
to the Board at the Board meeting next following such action.
(f) The Director, in his capacity as ex officio member of the Board,
shall, except with respect to compensation and tenure, be coordinate
with the other members of the Board. He shall be a voting member
of the Board and shall be eligible for election by the Board as Chair-
man or Vice Chairman of the Board.
DEPUTY DIRECTOR AND ASSISTANT DIRECTORS
SEC. 6. (a) There shall be a Deputy Director of the Foundation (re-
ferred to in this Act as the "Deputy Director") who shall be ap-
pointed by the President, by and with the advice and consent of the
Senate. Before any person is appointed as Deputy Director, the Pres-
ident shall afford the Board and the Director an opportunity to make
recommendations to him with respect to such appointment.. The Deputy
Director shall receive basic pay at the rate provided for level III of
the Executive Schedule under section 5314 of title 5. United States
Code, and shall perform such duties and exercise such powers as the
Director may prescribe. The Deputy Director shall act for. and exer-
cise the powers of, the Director during the absence or disability of the
Director or in the event of a vacancy in the office of Director.
(b) There shall be four Assistant Directors of the Foundation (each
referred to in this Act as an "Assistant Director") who sha.ll be ap-
pointed by the President, by and with the advice and consent of the
Senate. Before any person is appointed as a.n Assistant Director. the
President shall afford the Board a.nd the Director an opportunity to
make recommendations to him with respect to such appointment. Each
Assistant Director sha.ll receive basic pay at the rate provided for
level V of the Executive Schedule under section 531~ of title 5. United
States Code, and shall perform such duties and exercise such powers
as the Director may prescribe.
EXECUTIVE COMM~~~EE
SEC. 7. (a) There shall be an Executive Committee. of the Board
(referred to in this Act as the "Executive Committee"). which shall
be composed of five members and shall exercise such powers and
functions as may be delegated to it by the Board. Four of the mem-
bers shall be elected as provided in subsection (b), and the Director
cx officio shall be the fifth member and the chairma.n of the Executive
Committee.
* (b) At each of its annual meetings the Board shall elect two of its
members as members of the Executive Committee. and the Executive
Committee members so elected shall hold office for two years from
the date of their election. Any person, other than the Director, who
has been a member of the Executive Cothmitte~ for six consecutive
PAGENO="0697"
687
years shall thereafter be ineligible for service as a member thereof
during the two-year period following the expiration of such sixth
year. For the purposes of this subsection, the period between any
two consecutive annual meetings of the Board shall be deemed to be
one year.
(c) Any person elected as a member of the Executive Committee to
fill a vacancy occurring prior to the expiration of the term for which
his predecessor was elected shall be elected for the remainder of such
term.
(d) The Executive Committee shall render an annual report to the
Board, and such other reports as it may deem necessary, summariz-
ing its activities and making such recommendations as it may deem
appropriate. Minority views and recommendations, if any, of mem-
bers of the Executive Committee shall be included in such reports.
DIVISIONS WITHIN THE FOUNDATION
SEC. 8. There shall be within the Foundation such Divisions as the
Director, in consultation with the Board, may from time to time
determine.
SPECIAL COMMISSIONS
SEC. 9. (a) Each special commission established pursuant to section
4(i) shall consist of eleven members appointed by the Board, six of
whom shall be eminent scientists and five of whom shall be persons
other than scientists. Each special commission shall choose its own
chairman and vice chairman.
(b) It shall be the duty of each special commission to make a com-
prehensive survey of research, both public and private, being carried
on in its field, and to formulate and recommend to the Foundation at
the earliest practicable date an over-all research program in its field.
SCHOLARSHIPS AND GRADUATE FELLOWSHIPS
SEC. 10. The Foundation is authorized to award, within the limits
of funds made available specifically for such purpose pursuant to
section 16, scholarships and graduate fellowships for scientific study
or scientific work in the mathematical, physical, medical, biological,
engineering, social, and other sciences at appropriate nonprofit Ameri-
can or nonprofit foreign institutions selected by the recipient of such
aid, for stated periods of time. Persons shall be selected for such
scholarships and fellowships from among citizens or nationals of the
United States, and such selections shall be made solely on the basis of
ability; but in any case in which two or more applicants for scholar-
ships or fellowships, as the case may be, are deemed by the Founda-
tion to be possessed of substantially equal ability, and there are not
sufficient scholarships or fellowships, as the case may be, available to
grant one to each of such applicants, the available scholarship or
scholarship, fellowship or fellowships shall be awarded to the appli-
cants in such manner as will tend to result in a wide distribution of
scholarships and fellowships throughout the United States. Nothing
contained in this Act shall prohibit the Foundation from refusing or
revoking a scholarship or fellowship award, in whole or in part, in the
case of any applicant or recipient, if the Board is of the opinion that
such award is not in the best interests of the United States.
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GENERAL AUTHORITY OF FOUNDATION
SEC. 11. The Foundation shall have the authority, within the limits
of available appropriations, to do all thmgs necessary to carry out the
provisions of this Act, including, but without being limited thereto,
the authority-
(a) to prescribe such rules and regulations as it deems neces-
sary governing the manner of its operations and its organization
and personnel;
(b) to make such expenditures as may be necessary for admin-
istering the provisions of this Act;
(c) to enter into contracts or other arrangements, or modifica-
tions thereof, for the carrying on, by organizations or individuals
in the United States and foreign countries, including other
government agencies of the United States and of foreign coun-
tries, of such scientific activities as the Foundation deems neces~
sary to carry out the purposes of this Act, and, at the request of
the Secretary of State or Secretary of Defense, specific scientific
activities in connection with matters relating to internationa.l
cooperation or national security, and, when deemed appropriate
by the Foundation, such contracts or other arrangements or moth-
fications thereof, may be entered into without legal consideration
without performance or other bonds and without regard to sec-
tion 3709 of the Revised Statutes (41 U.S.C. § 5);
(d) to make advance, progress, and other payments which re-
late to scientific activities without regard to the provisions of sec-
tion 3648 of the Revised Statutes (31 U.S.C. ~ 529)
(e) to acquire by purchase, lease. loan. gift.. or condemnation.
and to hold and dispose of by grant, sale. lease, or loan, real and
personal property of all kinds necessary for, or resulting from,
the exercise of authority granted by this Act;
(f) to receive and use funds donated by others. if such funds
are donated without restriction other than that they be used in
furtherance of one or more of the general purposes of the
Foundation;
(g) to publish or arrange for the publication of scientific and
technical information so as to further the full dissemination of
information of scientific value consistent with the national inter-
est, without regard to the provisions of section 87 by the Act of
January 12. 1895 (28 Stat. 622). and section 11 of the Act of
March 1, 1919 (40 Stat. 1270; 44 U.S.C. ~ 501);
(h) to accept and utilize the services of voluntary and uncom-
pensated personnel and to provide transportation and subsistence
as authorized by section 5703 of title 5, United States Code. for
persons serving without compensation;
(i) to prescribe, with the approval of the Comptroller-General
of the Unitde States, the extent to which vouchers for funds ex-
pended under contracts for scientific research shall he subiect to
itemization or substantiation prior to payment, without regard to
the limitations of other laws relating to the expenditure of public
funds and accountina~ therefor; and
(j) to arrange with and reimburse the heads of other Federal
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689
agencies for the performance of any activity which the Founda-
tion is authorized to conduct.
PATENT RIGHTS
SEc. 12. (a) Each contract or other arrangement executed pur-
suant to this Act which relates to scientific research shall contain pro-
visions governing the disposition of inventions produced thereunder
in a manner calculated to protect the public interest and the equities
of the individual or organization with which the contract or other
arrangement is executed: Provided, however, That nothing in this Act
shall be construed to authorize the Foundation to enter into any con-
tractual or other arrangement inconsistent with any provision of law
affecting the issuance or use of patents.
(b) No officer or employee of the Foundation shall acquire, retain,
or transfer any rights, under the patent laws of the United States or
otherwise, in any invention which he may make or produce in connec-
tion with performing his assigned activities and which is directly re-
lated to the subject matter thereof: Provided, however, That this
subsection shall not be construed to prevent any officer or employee of
the Foundation from executing any application for patent on any such
invention for the purpose of assigning the same to the Government
or its nominee in accordance with such rules and regulations as the
Director may establish.
INTERNATIONAL COOPERATION AND COORDINATION
WITH FOREIGN POLICY
SEC. 13. (a) The Foundation is hereby authorized to cooperate in
any international scientific activities consistent with the purposes of
this Act and to expend for such international scientific activities such
sums within the limit of appropriated funds as the Foundation may
deem desirable. The Director may defray the expenses of representa-
tives of Government agencies and other organizations and of indi-
vidual scientists to accredited international scientific congresses and
meetings whenever he deems it necessary in the promotion of the ob-
jectives of this Act. In this connection, with the approval of the Secre-
tary of State, the Foundation may undertake programs, granting
fellowships to, or making other similar arrangements with, foreign
nationals for scientific study or scientific work in the United States
without regard to section 10 or the affidavit of allegiance to the United
States required by section 15(d) (2) of this Act.
(b) (1) The authority to enter into contracts or other arrangements
with organizations or individuals in foreign countries and with
agencies of foreign countries, as provided in section 11(c), and the
authority to cooperate in international scientific activities as provided
in subsection (a) of this section, shall be exercised only with the ap-
proval of the Secretary of State, to the end that such authority shall
be exercised in such manner as is consistent with the foreign policy
objectives of the United States.
(2) If, in the exercise of the authority referred to in paragraph (1)
of this subsection, negotiation with foreign countries or agencies there-
of becomes necessary, such negotiation shall be carried on by the Secre-
tary of ~State in consultation with the Director.
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MISCELLANEOUS PROVISIONS
SEC. 14. (a) The Director shall, in accordance with such policies as
the Board shall from time to time prescribe, appoint and fix the coin-
pensation of such personnel as may be necessary to carry out the pro-
visions of this Act. Except as provided in section 4(h), such appoint-
ments shall be made and such compensation shall be fixed in accord-
ance with the provisions of title 5, United States Code, governing ap~
pointments in the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates: Provided, That the Director
may, in accordance with such policies as the Board shall from time to
time prescribe, employ such technical and professional personnel and
fix their compensation, without regard to such provisions, as he may
deem necessary for the discharge of the responsibilities of the Founda-
tion under this Act. The members of the special commissions shall be
appointed without regard to the provisions of title~ 5, United States
Code, governing appointments in the competitive service.
(b) Neither the Director, the Deputy Director, nor any Assistant
Director shall engage in any other business, vocation, or employment
while serving in such position; nor shall the Director, the Deputy
Director, or any Assistant Director, except with the approval of the
Board, hold any office in, or act in any capacity for, any organization,
agency, or institution with which the Foundation makes any grant,
contract, or other arrangement under this Act.
(c) The Foundation shall not, itself, operate any laboratories or
pilot plants.
(d) The members of the Board and the members of each special com-
mission shall receive compensation at the rate of $100 for each day en-
gaged in the business of the Foundation pursuant to authorization of
the Foundation and shall be allowed travel expenses as authorized by
section 5703 of title 5, United States Code.
(e) Persons holding other offices in the executive branch of the Fed-
eral Government may serve as members of the special commissions, but
they shall not receivq remuneration for their services as such members
during any period for which they receive compensation for their serv-
ices in such other offices.
(f) In making contracts or other arrangements for scientific re-
search, the Foundation shall utilize appropriations available therefor
in such manner as will in its discretion best realize the objectives of (1)
having the work performed by organizations, agencies, and institu-
tions, or individuals in the United States or foreign countries, includ-
ing Government agencies of the United States and of foreign countries,
qualified by training and experience to achieve the results desired. (2)
strengthening the research staff of organizations, particularly non-
profit organizations, in the United Sta.tes, (3) aiding institutions,
agencies or organizations which, if aided, will advance scientific re-
search, and (4) encouraging independent scientific research by
individuals. --
(g) Funds available to any department or agency of the Govern-
ment for scientific or technical research, or the provision of facilities
therefor, shall be available for transfer, with the approval of the head
of the department or agency involved, in whole or in part, to the
Foundation for such use as is consistent with t.he purposes for which
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691
such funds were provided, and funds so transferred shall be expendable
by the Foundation for the purposes for which the transfer was made.
(h) For purposes of this Act, the term "TJnited States" when used in
a geographical sense means the States, the District of Columbia, the
Commonwealth of Puerto Rico, and all territories and possessions 0±
the United States.
(i) Notwithstanding any other provision of law, the authorization
of any, appropriation to the Foundation shall expire (unless an earlier
expiration is specifically provided) at the close of the second fiscal year
following the fiscal year for which the authorization was enacted, to
the extent that such appropriation has not theretofore actually been
made.
S~EOURITY PROvISIONS
SEC. 15. (a) The Foundation shall not support any research or devel-
opment activity in the field of nuclear energy, nor shall it exercise any
authority pursuant to section 11(e) in respect to that field, without first
having obtained the concurrence of the Atomic Energy Commission
that such activity will not adversely affect the common defense and
security. To the extent that such activity involves restricted data as
defined in the Atomic Energy Act of 1954 the provisions of that Act
regarding the control of the dissemination of restricted data and the
security clearance of those individuals to be given access to restricted
data shall be applicable. Nothing in this Act shall supersede or modify
any provision of the Atomic Energy Act of 1954.
(b) (1) Tn the case of scientific or technical research activities under
this Act in connection with matters relating to the national defense,
with respect to which funds have been transferred to the Foundation
from the Department of Defense in accordance with the provisions of
section 14(g) of this Act, the Secretary of Defense shall establish such
security requirements and safeguards, including restrictions with re-
spect to access to information and property, as he deems necessary.
(2) Tn the case of scientific research activities under this Act in con-
nection with matters relating to the national defense other than re-
search activities referred to in paragraph (1) of this subsection, the
Foundation shall establish such security requirements and safeguards,
including restrictions with respect to access to information and prop-
erty as it deems necessary.
(3) Any agency of the Government exercising investigatory func-
tions is hereby authorized to make such investigations and reports as
may be requested by the Foundation in connection with the enforce-
ment of security requirements and safeguards, including restrictions
with respect to access to information and property, established under
paragrph (1) or (2) of this subsection.
(c) No employee of the Foundation shall be permitted to have access
to information or property with respect to which access restrictions
have been established under subsection (b) (1) or (2) until the Civil
Service Commission shall have made an investigation into the char-
acter, associations, and loyalty of such individual and shall have re-
ported the findings of said investigations to the Foundation, and the
Foundation shall have determined that permitting such individual to
have access to such information or property will not endanger the com-
mon defense and security.
44-078 0 - 75 - 45
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(d) (1) No part of any funds appropriated or otherwise made avail-
able for expenditure by the Foundation under authority of this Act
shall be used to make payments under any scholarship or fellowship
awarded to any individual under section 10, unless such individual-
(A) has taken and subscribed to an oath or affirmation rn the
following form: "I do solemnly swear (or affirm) that I bear true
faith and allegiance to the United States of America and will sup-
port and defend the Constitution and laws of the United States
against all its enemies, foreign and domestic"; and
(B) has provided the Foundation (in the case of applications
made on or after October 1, 1962) with a full statement regarclmg
any crimes of which he has ever been convicted (other than crimes
committed before attaining sixteen years of age and minor traffic
violations for which a fine of $25 or less ~w-as imposed) and regard-
ing any criminal charges punishable by confinement of thirty days
or more which may be pending against him at the time of his ap-
plication for such scholarship or fellowship.
The provisions of section 1001 of title 18, United States Code, shall be
applicable with respect to the oath or affirmation and statement herein
required.
(2) (A) When any Communist organization, as defined in paragraph
(5) of section 3 of the Subversive Activities Control Act of 1950, is
registered or there is in effect a final order of the Subversive Activities
Control Board requiring such organization to register, it shall be un-
lawful for any member of such organization with knowledge or notice
that such organization is so registered or that such order has become
final (i) to make application for any scholarship or fellowship which is
to be awarded from funds part or all of which are appropriated or
otherwise made available for expenditure under the authority of sec-
tion 10 of this Act, or (ii) to use or attempt to use any such award.
(B) Whoever violates subparagraph (A) of this paragraph shall be
fined not more than $10,000, or imprisoned not more than five years, or
both.
APPROPRIATIONS
SEc. 16. (a) To enable the Foundation to carry out its powers and
duties, there is hereby authorized to be appropriated to the Founda-
tion for the fiscal year ending ,June 30. 1969, the sum of $525,000,000;
but for the fiscal year ending June 30, 1970, and each subsequent fiscal
year, only such sums may be appropriated as the Congress may here-
after authorize by law. Sums authorized by this subsection shall be
in addition to sums authorized by section 201 (b) (1) of the Marine
Resources and Engineering Development Act of 1966(33 U.S.C. 1122
(b) (1).1
(b) Appropriations made pursuant to the authority provided in
subsection (a) of this section shall remain available for obligation for
expenditure, or for obligation and expenditure, for such period or
periods as may be specified in the Act making such appropriations.
1 All functions vested in the National Science Foundation by the National Sea Grant
Cohere and Program Act of 1966 (P.L. 89-688), which amended the Marine Resources
and Engineering Development Act, were transferred to the National Oceanic and Atmos-
pheric Administration (NOAA) by Reorganization Plan No. 4 of 1970 (35 FR. 15627).
Therefore, sums authorized under section 201(b) (1) of the Marine Resources and Eng~-
neering Development Act would be to NOAA. unless otherwise speciñcally designated.
PAGENO="0703"
HARRY S TRUMAN MEMORIAL SCHOLARSHIP ACT
AN ACT To establish the Harry S Truman memorial scholarships, and for other
purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Harry S Truman Memorial Scholarship Act".
STATEMENT OF FINDINGS
SEC. 2. The Congress finds that-
because of a high regard for the public trust and a lively exer-
cise of political talents were outstanding characteristics of the
thirty-third President of the United States;
because a special interest of the man from Independence in
American history and a broad knowledge and understanding of
the American political and economic system gained by study and
experience in county and National Government culminated in the
leadership of America remembered for the quality of his charac-
ter, courage, and commonsense;
because of the desirability of encouraging young people to
recognize and provide service in the highest and best traditions of
the American political system at all levels of government, it is
especially appropriate to honor former President Harry S Tru-
man through the creation of a perpetual education scholarship
program to develop increased opportunities for young Americans
to prepare and pursue careers in public service.
(20 U.S.C. 2001) enacted January 4, 1975, Public Law 93-642, sec. 2, Stat. 2276.
DEFINITIONS
SEC. 3. As used in this Act, the term-
(1) "Board" means the Board of Trustees of the Harry S
Truman Scholarship Foundation;
(2) "Foundation" means the Harry S Truman Scholarship
Foundation;
(3) "fund" means the Harry S Truman Memorial Scholarship
Fund;
(4) "institution of higher education" means any such institution
as defined by section 1201 (a) of the Higher Education Act of
1965;
(5) "State" means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and considered as
a single entity, Guam, the Virgin Islands, American Samoa, and
the Trust Territory of the Pacific Islands; and
(6) "Secretary" means the, Secretary of the Treasury.
(20 U.S.C. 2002) enacted January 4, 1975, Public Law 93-642, sec. 3, 88 Stat. 2276.
(693)
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694
SEC. 4. The Harry S Truman ScholarshiD Program as authorized
by this Act shall be the sole Federal memorial to President Harry S
Truman.
(20 U.S.C. 2003) enacted January 4, 1975, Public Law 93-642, sec 4, 88 Stat. 2277.
ESTABLISHMENT OF THE HARRY S TRUMAN SCHOLARSHIP PROGRAM
SEC. 5. (a) There is established, as an independent establishment of
the executive branch of the United States Government, the Harry S
Truman Scholarship Foundation.
(b) (1) The Foundation shall be subject to the supervision and
direction of a Board of Trustees. The Board shall be composed of
thirteen members, as follows:
(A) two Members of the Senate, one from each political party,
to be appointed by the President of the Senate;
(B) two Members of the House of Representatives, one from
each political party, to be appointed by the Speaker;
(C) eight members, not more than four of whom shall be
of the same political party, to be appointed by the President
with the advice and consent of the Senate, of whom one shall be
a chief executive officer of a State, one a chief executive officer of a
city or county, one a member of a Federal Court, one a member of
a State court, one a person active in postsecondary education,
and three representatives of the general public; and
(D) the Commissioner of Education or his designate, who
shall serve ex officio as a member of the Board, but shall not be
eligible to serve as Chairman.
(c) The term of office of each member of the Board shall be
six years; except that (1) the members first taking office shall serve
as designated by the President, four for terms of two years, five for
terms of four years, and four for terms of six years. a.nd (2) any
member appointed to fill a vacancy shall serve for the remainder of
the term for which his predecessor was appointed, and shall be ap-
pointed in the same manner as the original appointment for that va-
cancy was made.
(d) Members of the Board shall serve without pay, but shall be
entitled to reimbursement for travel, subsistence! and other necessary
expenses incurred in the performance of their duties.
(20 U.S.C. 2004) enacted January 4, 1972, Public Law 93-642, 88 Stat. 2277.
SCHOLARSHIPS
SEC. 6. (a) The Foundation is authorized to award scholarships
to persons who demonstrate outstanding potential for and who plan
to pursue a career in public service. Award recipients shall be known
as Truman scholars.
(b) Scholarships under this Act shall be awarded for such periods
as the Foundation may prescribe but not to excecd four academic
years.
(c) A student awarded a scholarship under this Act may a.ttend any
institution of higher education offering courses of study, training, or
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695
other educational activities designed to prepare persons for a career
in public service as determined pursuant to criteria established by the
Foundation.
(d) Each student awarded a scholarship under this Act must have
indicated a serious intent to enter the public service upon the comple-
tion of his or her educational program. Each institution of higher
education at which such a student is in attendance will make reasonable
continuing efforts to encourage such a student to enter the public
service upon completing his or her educational program.
(20 TJ.S.C. 2005) enacted January 4, 1972, Public Law i~3-642, 88 Stat. 2278.
SELECTION OF TRUMAN SCHOLARS
SEC. 7. (a) The Foundation is authorized, either directly or by con-
tract, to provide for the conduct of a nationwide competition for the
purpose of selecting Truman scholars.
(b) The Foundation shall adopt selection procedures which shall
assure that at least one Truman scholar shall be selected each year
from each State in which there is at least one resident applicant who
meets the minimum criteria established by the Foundation.
(20 11.5.0. 2006) enacted January 4, 1975, Public Law 93-642, see. 7, 88 Stat. 2278.
STIPENDS
SEC. 8. Each student awarded a scholarship under this Act shall
receive a stipend which shall not exceed the cost to such student for
tuition, fees, books, room and board, or $5,000 whichever is less for
each academic year of study.
(20 U.S.C. 2007) enacted January 4, 1975, Public Law 93-642, sec. 8, 88 Stat. 2278.
SCHOLARSHIP CONDITIONS
SEC. 9. (a) A student awarded a scholarship under the provisions of
this Act shall continue to receive the payments provided in this Act
only during such periods as the Foundation finds that he or she is
maintaining satisfactory proficiency and devoting full time to study
or research designed to prepare him or her for a career in public serv-
ice and is not otherwise engaging in gainful employment other than
employment approved by the Foundation pursuant to regulation.
(b) The Foundation is authorized to require reports containing such
information in such form and to be filed at such times as the Founda-
tion determines to be necessary from any student awarded a scholar-
ship under the provisions of this act. Such reports shall be accom-
panied by a certificate from any appropriate official at the institution
of higher education, approved by the Foundation, stating that such
student is making satisfactory progress in, and is devoting essentially
full time to, study or research, except as otherwise provided in sub-
section (a).
(20 U.S.C. 2008) enacted January 4, 1975, Public Law 93-642, sec. 9, 88 Stat. 2278.
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TRUMAN MEMORIAL SCHOLARSHIP FUND
SEC. 10. (a) There is established in the Treasury of the United
States a trust ~fund to be known as the Harry S Truman Memorial
Scholarship Trust Fund. The fund shall consist of amounts appro-
priated to it by section 14 of this act.
(b) It shall be the duty of the Secretary to invest in full t:he amounts
appropriated to the fund. Such investments may be made only in
interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States. For
such purpose, such obligations may be acquired (1) on original issue
at the issue price, or (2) by purchase of outstanding obligations at
the market place. The purposes for which obligations of the United
States may be issued under the Second Liberty Bond Act, as amended,
are hereby extended to authorize the issuance at par of special obliga-
tions exclusively to the fund. Such special obligations shall bear
interest at a rate equal to the average rate of interest, computed as to
the end of the calendar month next preceding the date of such issue,
borne by all marketable interest-bearing obligations of the United
States then forming a part of the public debt; except that where such
average rate is not a multiple of one-eighth of 1 per centum, the rate
of interest of such special obligations shall be the. multiple of one-
eighth of 1 per centum next lower than such average rate. Such special
obligations shall be issued only if the Secretary determines that the
purchase of other interest-bearing obligations of the United States,
or of obligations guaranteed as to, both principal and interest by the
United States or original issue or at the market price, is not in the
public interest.
(c) Any obligation acquired by the fund (except special obligations
issued exclusively to the fund) may be sold by the Secretary at the
market price, and such special obligations may be redeemed at par
plus accrued interest.
(d) `The interest on. and the proceeds from the sale or redemption
of, any obligations held in the fund shall be credited to and form a
part of the fund.
(20 U.S.C. 2009) enacted January 4, 1972, Public Law 93-642, sec. 10, 88 Stat.
2279.
EXPENDITETRES FROM THE FUND
SEC. 11. (a) The Secretary is authorized to pay to the Foundation
from the interest and earnings of the fund such sums as the Board
determines are necessary and appropriate to enable the Foundation to
carry out the purposes of the Act.
(b) The activities of the Foundation under this Act may be audited
by the General Accounting Office under such rules and regulations
as may be prescribed by the Comptroller General of the United States.
The representatives of the General Accounting Office shall have access
to all books, accounts, records, reports, and files and all other papers,
things, or property belonging to or in use by the Foundation, per-
taming to such activities and necessary to facilitate the audit.
(20 U.S.C. 2010) enacted January 4, 1975, Public Law 93-642. sec. 11. 8S Stat. 2279.
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697
EXECUTIVE SECRETARY
SEC. 12. (a) There shall be an Executive Secretary of the Founda-
tion who shall be appointed by the Board. The Executive Secretary
shall be the chief executive officer of the Foundation and shall carry
out the functions of the Foundation subject to the supervision and
direction of the Board. The executive Secretary shall carry out such
other functions consistent with the provisions of this Act as the Board
shall delegate.
(b) The Executive Secretary of the Foundation shall be com-
pensated at the rate specified for employees placed in grade 18 of
the General Schedule set forth in section 5332 of title 5, United States
Code.
(20 U.S.C. 2011) enacted January 4, 1975, Public Law 93-642, sec. 12, 88 Stat.
2280.
ADMINISTRATIVE PROVISIONS
SEC. 13. (a) In order to carry out the provisions of this Act, the
Foundation is authorized to-
(1) appoint and fix the compensation of such personnel as may
be necessary to carry out the provisions of this Act, except that
in no case shall employees other than the Executive Secretary be
compensated at a rate to exceed the rate provided for employees
in grade 15 of the General Schedule set forth in section 5332 of
title 5, United States Code;
(2) procure temporary and intermittent services of experts and
consultants as are necessary to the extent authorized by section
3109 of title 5, United States Code, but at rates not to exceed the
rate specified at the time of such service for grade GS-18 in
section 5332 of such title;
(3) prescribe such regulations as it deems necessary governing
the manner in which its functions shall be carried out;
(4) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than it be used
for the purposes of the Foundation; and to use, sell, or otherwise
dispose of such property for the purpose of carrying out its
functions;
(5) accept and utilize the services of voluntary and noncom-
pensated personnel and reimburse them for travel expenses,
including per diem, as authorized by section 5703 of title 5, United
States Code;
(6) enter into contracts, grants, or other arrangements, or
modifications thereof, to carry out the provisions of this Act, and
such contracts or modifications thereof may, with the concurrence
of two-thirds of the members of the Board, be entered into without
performance or other bonds, and without regard to section 3709
of the Revised Statutes, as amended (41 U.S.C. 5);
(7) make advances, progress, and other payments which the
Board deems necessary under this Act without regard to the
provisions of section 3648 of the Revised Statutes, as amended
(31 U.S.C. 529);
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698
(8) rent office space in the District of Columbia; and
(9) make other necessary expenditures.
(b) The Foundation shall submit to the President and to the Con-
gress an annual report of its operations under this Act.
(20 U.S.C. 2012) enacted January 4, 1975, Public Law 93-642, sec. 13, 88 Stat.
2280.
APPROPRIATIONS AUTHORIZED
SEC. 14. There are authorized to be appropriated $3O~OOO,OOO to the
fund.
(20 U.S.C. 2013) enacted January 4, 1975, Public Law 93-642, sec. 14. 88 Stat.
2280.
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ALLEN J. ELLENDER FELLOWSHIP PROGRAM
JOINT RESOLUTION To provide grants for Allen J. Ellender fellowships to
disadvantaged secondary school students and their teachers to participate in
a Washington public affairs program
Whereas Allen J. Ellender, a Senator from Louisiana and President
pro tempore of the United States Senate, had a distinguished career
in public service characterized by extraordinary energy and real
concern for young people and the development of greater opportu-
nities for active and responsible citizenship by young people; and
Whereas Senator Ellender provided valuable support and encourage-
ment to the Close Up Foundation, a nonpartisan, nonprofit founda-
tion promoting knowledge and understanding of the Federal
Government among young people and their educators; and
Whereas it is a fitting and appropriate tribute to the beloved Sena-
tor Ellender to provide in his name an opportunity for participa-
tion, by students of limited economic means and by their teachers,
in the program supported by the Close Up Foundation: Now, there-
fore, be it
Resolved by the Senate and House of Representatives of the United
States .of A'imerica in Congress as$enthled, That (a) the Commissioner
of Education (hereinafter referred to as the "Commissioner") is
authorized to make grants in accordance with the provisions of this
joint resolution to the Close Up Foundation of Washington, District
of Columbia, a nonpartisan, nonprofit foundation, for the purpose of
assisting the Close Up Foundation in carrying out its program of
increasing understanding of the Federal Government among second-
ary school students, their teachers, and the communities they repre-
sent.
(b) Grants received under this joint resolution shall be used only
for financial assistance to economically disadvantaged students and
their teachers who participate in the program described in subsection
(a) of this section. Financial assistance received pursuant to this joint
resolution by such students and teachers shall be known as Allen J.
Ellender fellowships.
(- U.S.C. -) enacted October 19, 1972, Public Law 92-506, sec. 1, 86 Stat. 907.
SEC. 2. (a) No grant under this joint resolution may be made except
upon an application at such time, in such manner, and accompanied
by such information as the Commissioner may reasonably require.
(b) Each such application shall contain provisions to assure-
(1) that not more than one thousand five hundred fellowship
grants are made to economically disadvantaged secondary school
students, and to secondary school teachers, in any fiscal year;
(699)
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700
(2) that not more than one secondary school teacher in each
such school participating in the program may receive a fellowship
grant in any fiscal year; and
(3) the proper disbursement of the funds of the United States
received under this joint resolution.
(- U.S.C. -) enacted October 19, 1972, Public Law 92-506, sec. 2, 86 Stat. 908.
SEC. 3. (a) Payments under this joint resolution may be made in
installments, in advance, or by way of reimbursement, with necessary
adjustments on account of underpayment or overpayment.
(b) The Comptroller General of the United States or any of his duly
authorized representatives shall have access for the purpose of audit
and examination to any books, documents, papers, and records that are
pertinent to any grant under this joint resolution.
(- U.S.C. -) enacted October 19, 1972, Public Law 92-506, sec. 3. 86 Stat. 908.
SEC. 4. For the purpose of this joint resolution, the term "secondary
school" means a day or residential school which provides secondary
education, as determined under State law, except that it does not
include any education beyond grade twelve.
(- U.S.C. -) enacted October 19, 1972, Public Law 92-506, sec. 4, 86 Stat. 908.
SEC. 5. There are authorized to be appropriated not to exceed S500,000
for the fiscal year ending June 30, 1973, and for each of the two succeed-
ing fiscal years to carry out the provisions of this joint resolution.
(- U.S.C. -) enacted October 19, 1972, Public Law 92-506, sec. 5, 86 Stat. 908.
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HERBERT HOOVER MEMORIAL
AN ACT To recognize the fifty years of extraordinary and selfless public service
of Herbert Hoover, including his many great humanitarian endeavors, his
chairmanship of two Commissions of the Organization of the Executive
Branch, and his service as thirty-first President of the United States, and in
commemoration of the one hundredth anniversary of his birth on August 10,
1974, by providing grants to the Hoover Institution on War, Revolution, and
Peace
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) in order
to establish an appropriate memorial to the late President Herbert
Hoover, the Secretary of the Treasury (hereinafter referred to as the
"Secretary") is authorized to make grants, in accordance with the
provisions of this Act, to the Hoover Institution on War, Revolution,
and Peace, Stanford University, Stanford, California.
(b) No grant may be made under this Act for any fiscal year
unless-
(1) the Secretary determines that the total of such grants for
that year will not exceed the total amount of gifts, bequests, and
devises of money, securities, and other property, made after the
date of enactment of this Act, for that year for the benefit of the
Hoover Institution on War, Revolution, and Peace; and
(2) the Hoover Institution on War, Revolution, and Peace
furnishes to the Secretary such information at such times and in
such manner as he may require.
(c) Grants made under this Act may be used for the construction
of a new educational building to be used by the Hoover Institution on
War, Revolution, and Peace, and for the equipment of such building.
(- U.S.C. -) enacted January 2, 1975, Public Law 93-585, sec. 1, 88 Stat. 1918.
SEC. 2. (a) The Congress finds that, if a facility constructed with
the aid of any grant under this Act is used as an educational facility
for twenty years following completion of such construction, the public
benefit accruing to the United States from such use will equal in value
the amount of such grant or grants. The period of twenty years after
completion of such construction shall, therefore, be deemed to be the
period of Federal interest in such facility for the purposes of this Act.
(b) If, within twenty years after completion of construction of
an educational facility which has been constructed in part with a grant
or grants under this Act-
(1) the Hoover Institution on War, Revolution, and Peace
(or its successor in title or possession) ceases or fails to be a non-
profit institution, or
(2) the facility ceases to be used as an educational facility,
unless the Secretary determines that there is good cause for re-
leasing the institution from its obligation,
(701)
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702
the United States shall be entitled to recover from such Institution
(or successor) an amount which bears to the then value of the facility
the same ratio as the amount of such Federal grant or grants bore to
the development cost of the facility (as determined by the Secretary)
financed with the aid of such grant or grants. Such value shall be
determined by agreement of the parties or by action brought in the
United States district court for the district in which such facility is
situated.
(c) Notwithstanding the provisions of subsections (a) and (b), no
facility constructed with assistance under this Act shall ever be used
for religious worship or a sectarian activity or for a school or depart-
ment of divinity.
(- U.S.C. -) enacted January 2, 1975, Public Law 93-585, sec. 2, 88 Stat.
1919.
SEC. 3. The Comptroller General of the United States, or any of his
duly authorized representatives, shall have access for the purpose of
audit and examination to any books, documents, papers, and records
of the Hoover Institution on War, Revolution, and Peace that are
pertinent to the grant received.
(- U.S.C. -) enacted January 2, 1975, Public Law 93-585, sec. 3. 88 Stat.
1919.
SEC. 4. The Hoover Institution on War, Revolution, and Peace shall,
annually, prepare and furnish to the President and the Congress a
report on the expenditure of funds received by the Institution in the
previous fiscal year during the period for which grants are made
under this Act.
(- U.S.C. -) enacted January 2, 1975, Public Law 93-585, sec. 4, 88 Stat.
1919.
SEC. 5. There are authorized to be appropriated to the Secretary
for making grants in accordance with this Act amounts not to exceed
$7,000,000. Funds appropriated pursuant to this Act shall be avail-
able without fiscal year limitation, for the period beginning on the
date of enactment of this Act and ending five years after such date.
(- U.S.C. -) enacted January 2, 1975, Public Law 93-585, sec. 5, 88 Stat.
1919.
SEC. 6. Grants made pursuant to this Act shall be the sole Federal
memorial to the late President Herbert Hoover.
(- U.S.C. -) enacted January 2, 1975, Public Law 93-585, sec. 6, 88 Stat.
1919.
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GRANTS TO EISENHOWER COLLEGE AND TO THE
SAMUEL RAYBURN LIBRARY
(Public Law 93-441)
AN ACT To authorize the Secretary of the Treasury to change the alloy and
weight of the one-cent piece and to amend the Bank Holding Act Amendments
of 1970 to authorize grants to Eisenhower College, Seneca Falls, New York
* * * * * * *
SEC. 2. (a) Except as provided by subsection (b) and after receiving
the assurances described in subsection (c), the Secretary of the Treas-
ury is authorized to take one-tenth of all moneys derived from the
sale of $1 proof coins minted and issued under section 101 (d) of the
Coinage Act of 1965 (31 U.S.C. 3~1 (d)) and section 203 of the Bank
Holding Company Act Amendments of 1970 (31 U.S.C. 324b) which
bears the likeness of the late President of the United States, Dwight
David Eisenhower, and transfer such amount of moneys to Eisen-
hower College, Seneca Falls, New York.
(b) For the purposes of carrying out this section, there is authorized
to be appropriated not to exceed $10,000,000.
(c) Before the Secretary of the Treasury may transfer any moneys
to Eisenhower College under this Act, Eisenhower College must make
satisfactory assurances to him that any amount equal to 10 per centum
of the total amount of moneys received by Eisenhower College under
this Act shall be transferred to the Samuel Rayburn Library at Bon-
ham, Texas.
(31 U.S.C. 391) enacted October 11, 1974, Public Law 93-441, sec. 2, 88 Stat. 1262.
(703)
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