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 92 STAT. 2356

PUBLIC LAW 95-561—NOV. 1, 1978 after "439" and by adding at the end thereof a new subsection as follows: "(b) No student shall be required, as part of any applicable program, to submit to psychiatric examination, testing, or treatment, or psychological examination, testing, or treatment, in which the primary purpose is to reveal information concerning: " (1) political affiliations; "(2) mental and psychological problems potentially embarrassing to the student or his family; "(3) sex behavior and attitudes; "(4) illegal, anti-social, self-incriminating and demeaning behavior; "(5) critical appraisals of other individuals with whom respondents have close family relationships; "(6) legally recognized privileged and analogous relationships, such as those of lawyers, physicians, and ministers; or "(7) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of unemancipated minor, without the prior written consent of the parent.". PART E—EFFECTIVE DATES EFFECTIVE DATES

20 USC 1232c °o*®-

SEC. 1261. The amendments made by section 1231 shall take effect with respect to appropriations for fiscal year 1980 and subsequent fiscal years. The amendments made by section 1232 shall take effect 120 days after the enactment of this Act. TITLE XIII—REVISION OF OTHER EDUCATION PROGRAMS PART A—ADULT EDUCATION STATEMENT OF PURPOSE

SEC. 1301. Section 302 of the Adult Education Act (hereafter in this part referred to as the "Act") is amended to read as follows: a STATEMENT OF PURPOSE

20 USC 1201.

"SEC. 302. I t is the purpose of this title to expand educational opportunities for adults and to encourage the establishment of programs of adult education that will— "(1) enable all adults to acquire basic skills necessary to function in society, "(2) enable adults who so desire to continue their education to at least the level of completion of secondary school, and that will enable them to become more employable, productive, and responsible citizens.".
 * '(3) to make available to adults the means to secure training

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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2357

DEFINITION OF ADULT EDUCATION

SEC. 1302. Section 303(b) of the Act is amended by inserting "lack 20 USC 1202. sufficient mastery of basic educational skills to enable them to function effectively in society or who" immediately after "(1)". GRANTS TO STATES

SEC. 1303. (a) Section 304 of the Act is amended by striking out "private nonprofit agencies" each place it appears and inserting in lieu thereof "by public or private nonprofit agencies, organizations, and institutions" and by adding at the end thereof the following: "Grants provided under this section to States to carry out the programs described in the preceding sentence may be carried out by public or private nonprofit agencies, organizations, and institutions only if the applicable local educational agency has been consulted with and has had an opportunity to comment on the application of such agency, organization, or institution. The State educational agency shall not approve any application unless assured that such consultation has taken place. Such application shall contain a description of the cooperative arrangements that have been made to deliver services to adult students.". (b) Section 304 of such Act is further amended by redesignating subsection (b) as subsection (a) and by adding at the end thereof the following new subsection: " (b) Not more than 20 per centum of the funds granted to any State under subsection (a) for any fiscal year shall be used for the education of institutionalized individuals.".

Consultation and comments. 20 USC 1203.

NORTHERN MARIANA ISLANDS

SEC. 1304. (a) Section 303(g) is amended by inserting "the Northern Mariana Islands," immediately after "the Pacific Islands,". (b) Section 305(a) of the Act is amended by inserting "the Northern Mariana Islands," immediately after "the Pacific Islands,".

20 USC 1204.

STATE PLANS

SEC. 1305. Section 306 of the Act is amended to read as follows; ((STATE

PLANS

"SEC. 306. (a) A State shall be eligible to receive its allotment under section 305 if— "(1) it has on file with the Commissioner a general State application under section 434 of the General Education Provisions Act, and "(2) it has submitted to the Commissioner at such times (not more frequently than one every three years), and in such detail, as the Commissioner shall prescribe a State plan meeting the requirements of subsection (h). " (b) A State plan under this title shall— "(1) set forth a program for the use of funds provided under this title to carry out the purposes stated in section 302 with respect to all segments of the adult population in the State, including residents of rural areas, residents of urban areas with high

Allotment eligibility. 20 USC 1205. Ante, p. 2342.

Funds program. Ante, p. 2356.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1078

 92 STAT. 2358 ..

,'

.;

PUBLIC LAW 95-561—NOV. 1, 1978 rates of unemployment, adults with limited English language skills, and institutionalized adults; "(2) provide for the administration of the program by the State educational agency; "(3) describe the procedures the State will use to ensure that in carrying out such program there will be adequate consultation, cooperation, and coordination among the State educational agency, State manpower service councils. State occupational information systems, and other agencies, organizations, and institutions in the State which operate employment and training programs or other educational or training programs for adults; and for coordination of programs carried on under this title with other programs, including reading improvement programs, designed to provide reading instruction for adults carried on by State and local agencies; "(4) identify (A) the needs of the population of the State for services authorized under this title, (B) the other resources in the State available to meet those needs, and (C) the goals the State will seek to achieve in meeting those needs over the period covered by the plan; " (5) provide that such agency will make available not to exceed 20 per centum of the State's allotment for programs of equivalency for a certificate of graduation from a secondary school; "(6) provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paM the State under this title (including such funds paid by the State to local educational agencies and public or private nonprofit agencies, organizations, and institutions); "(7) describe the means by which the delivery of adult education services will be significantly expanded through the use of agencies, institutions, and organizations other than the public school systems, such as business, labor unions, libraries, institutions of higher education, public health authorities, antipoverty programs, and community organizations; "(8) describe the means by which representatives of business and industry, labor unions, public and private educational agencies and institutions, churches, fraternal and voluntary organizations, community organizations. State and local manpower and training agencies, and representatives of special adult populations, including residents of rural areas, residents of urban areas with high rates of unemployment, adults with limited English language skills, and institutionalized adults, and other entities in the State concerned with adult education have been involved in the development of the plan and will continue to be involved in carrying out the plan, especially with regard to the expansion of the delivery of adult education services through those agencies, institutions, and organizations; "(9) describe the efforts to be undertaken by the State to assist adult participation in adult education programs through flexible course schedules, convenient locations, adequate transportation, and meeting child care needs; "(10) provide that special emphasis be given to adult basic education programs except where such needs are shown to have been met in the State;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1079

 PUBLIC LAW 95-561—NOV. 1, 1978 "(11) provide that special assistance be given to the needs of persons with limited English proficiency (as defined in section 703 (a) of title VII of the Elementary and Secondary Education Act of 1965) by providing a bilingual adult education program of instruction in English and, to the extent necessary to allow such persons to progress effectively through the adult education proram, in the native language of such persons, carried out in coorination with programs of bilingual education assisted under title VII and b i l i n ^ a l vocational education programs under the Vocational Education Act of 1963; "(12) demonstrate that the special educational needs of adult immigrants in the State have been examined, and provide for the implementation of adult education and adult basic education programs for immigrants to meet existing needs; "(13) set forth the criteria by which the State will evaluate the quality of proposals from local agencies, organizations, and institutions; and "(14) provide such further information and assurances as the Commissioner may by regulation require, including information regarding the extent to which the goals of the program have been achieved during the preceding three years. " (c) 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.".

f

92 STAT. 2359

Ante, p. 2269

Ante, p. 2268. 20 USC 2301 note.

Notice and hearing.

PAYMENTS

SEC. 1306. Section 307 of the Act is amended to read as follows; ii

PAYMENTS

"SEC. 307. (a) The Federal share of expenditures to carry out a Federal share. State plan shall be paid from a State's allotment available for grants 20 USC 1206. to that State. The Federal share shall be 90 per centum of the cost of carrying out the State's programs, except that with respect to Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the 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 fiscal effort per student or the amount available for expenditure by such State for adult education from non-Federal sources for the preceding fiscal year was not less than such fiscal effort per student or such amount available for expenditure for such purposes from such sources during the second preceding fiscal year, but no State shall be required to use its funds to supplant any portion of the Federal share.". RESEARCH, EVALUATION, AND CLEARINGHOUSE

SEC. 1307. (a) The Act is amended— (1) by redesignating section 309, relating to use of funds for special experimental demonstration projects and teacher training, as section 310, 20 USC 1208. (2) by striking out section 309A, relating to the clearinghouse 20 USC 1208-1. on an adult education, and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1080

 92 STAT. 2360 20 USC 1208a, 1208b, 1209, 1210, 1211, 1211a, 1211b.

PUBLIC LAW 95-561—NOV. 1, 1978 (3) by redesignating section 310, relating to special projects for the elderly, section 310A, relating to State Advisory Councils, section 311, relating to the National Advisory Council on Adult Education, section 312, relating to limitations, section 313, relating to authorizations, section 314, relating to Indian programs, section 315, relating to Indochinese refugees, as sections 311, 31^, 313,314,315,316, and 317, respectively, (b) The Act is further amended by inserting after section 308 the following new section: "RESEARCH, DEVELOPMENT, DISSEMINATION, EVALUATION, AND INFORMATION CLEARINGHOUSE

Programs, grants and contracts. 20 USC 1207a.

Ante, p. 2359.

20 USC 1203. 20 USC 1221e.

Appropriation authorization.

"SEC. 309. (a)(1) Subject to appropriations under this section, the Commissioner shall directly, and through grants and contracts with public and private nonprofit agencies, institutions, and organizations, carry out a program— " (A) to develop new and promising approaches and innovative methods which are designed to address those problems and which may have national significance or be of special value in promoting effective programs under this Act, including one-year grants to States to plan for the expansion of their systems for the delivery of adult education services; "(B) to determine, using appropriate objective evaluation criteria, which projects and approaches assisted under clause (A) and under section 310 of this Act have achieved their stated goals and are capable of achieving comparable levels of effectiveness at additional locations; and "(C) to disseminate throughout the Nation information about those approaches or methods pertaining to adult basic education which are most effective, by establishing and operating a clearinghouse on adult education which shall collect, select, and disseminate to the public information pertaining to the education of adults, those approaches and methods of educating adults which are most efl'ective, and ways of coordinating adult education programs with manpower and other education programs. " (2) The Commissioner shall directly, and through grants and contracts with public and private agencies, institutions and organizations, evaluate the effectiveness of programs conducted under section 304 of this Act. " (b) In addition to the responsibilities of the Director under section 405 of the General Education Provisions Act and subject to appropriations under this section, the Director of the National Institute of Education, in consultation with the Commissioner, shall directly, and through grants and contracts with public and private agencies, institutions, and organizations, carry out a program to conduct research on the special needs of individuals requiring adult education. "(c) There are authorized to be appropriated for the purposes of this section $1,500,000 for the fiscal year ending September 30, 1980, $2,000,000 for the fiscal year ending September 30, 1981, and $3,000,000 for each succeeding fiscal year prior to October 1, 1983.". S P E C I A L P R O J E C T S FOR THE

20 USC 1208a.

ELDERLY

SEC. 1308. Section 311 of the Act (as redesignated by section 1307) is amended by striking out "October 1, 1978 and for the period begin-

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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2361

ning July 1, 1976 and ending September 30, 1976" and inserting in lieu thereof "October 1, 1983". NATIONAL ADVISORY

COUNCIL

SEC. 1309. Section 313(b) of the Act (as redesignated by section 1307) is amended by striking out "October 1, 1978" and inserting in 20 USC 1209. lieu thereof "October 1, 1984". AUTHORIZATION

OF

APPROPRIATIONS

SEC. 1310. Section 315 of the Act (as redesignated by section 1307) is amended to read as follows: a APPROPRIATIONS AUTHORIZED

"SEC. 315. (a) Except as otherwise provided, there are authorized 20 USC 1211. to be appropriated $210,000,000 for fiscal year 1979; $230,000,000 for fiscal year 1980; $250,000,000 for fiscal year 1981; $270,000,000 for fiscal year 1982; and $290,000,000 for fiscal year 1983 to carry out the provisions of this title. "(b) There are further authorized to be appropriated for each such fiscal year such sums, not to exceed 5 per centum of the amount appropriated pursuant to subsection (a) for that 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. The amount provided to a State under this subsection shall not be less than $50,000 for any fiscal year, except that such amount shall not be less than $25,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.". EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS

SEC. 1311. (a)(1) Section 314(a)(4) of the Act (as redesignated by section 307) is amended by striking out "on Indian reservations" 20 USC 1211a. and inserting in lieu thereof "among Indians". (2) Section 314 of the Act (as redesignated by section 1307) is amended by redesignating subsections (b), (c),and (d) as subsections (c), (d), and (e) respectively, and by inserting immediately after subsection (a) the following new subsection: "(b) The Commissioner is also authorized to make grants to Indian Grants, tribes, Indian institutionSj and Indian organizations to develop and establish educational services and programs specifically designed to improve educational opportunities for Indian adults.". (b) Section 316(e) of the Act (as redesignated by section 1307) is amended by redesignating subsections (b), (c),and (d) as subsections "October 1, 1983". INDOCHINA

REFUGEES

SEC. 1312. Section 317(a) of the Act (as redesignated by section 1307) is amended by striking out "1977" and inserting in lieu thereof 20 USC 1211b. "1983". ADULT EDUCATION PROGRAM FOR IMMIGRANTS

SEC. 1313. The Act is further amended by adding at the end thereof the following:

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 92 STAT. 2362

PUBLIC LAW 95-561—NOV. 1, 1978 "ADULT EDUCATION PROGRAM TOR ADULT IMMIGRANTS

"SEC. 318. (a) The Commissioner is authorized to enter into grants and contracts with State and local education agencies and other public or private nonprofit agencies, organizations, or institutions to provide programs of adult education and adult basic education to immigrant adults in need of such services. Such grants and contracts may be used for— "(1) programs of instruction of adult immigrants in basic reading, mathematics, development, and enhancement of necessary skills, and promotion of literacy among adult immigrants for the purpose of enabling them to become productive members of American society; "(2) administrative costs of planning and operating such programs of instruction; " (3) educational support services which meet the need of adult immigrants including but not limited to guidance and counseling with regard to educational, career, and employment opportunities; and "(4) special projects designed to operate in conjunction with existing Federal and non-Federal programs and activities to develop occupational and related skills for individuals, particularly programs authorized under the Comprehensive EmployAnte, p. 1909. ment and Training Act of 1973 or under the Vocational 20 USC 2301 Education Act of 1963. note. "(b)(1) Any applicant for a grant or contract under this section Application shall first submit its application to the State educational agency. The submittal, review, State educational agency shall expeditiously review and make recomand mendations to the Commissioner regarding the quality of each such recommendations. application, consistent with the purposes of section 306(b) (12) and Ante, p. 2359. (13) of this title. A copy of the recommendations made by the State educational agency shall be simultaneously submitted to the applicant. "(2) Any applicant which has submitted an application in accordance with paragraph (1) of this subsection, which is dissatisfied with the action of the appropriate State educational agency may petition the Commissioner to request further consideration by the Commissioner of such application. "(c) Applications for a grant or contract under this section shall be submitted at such time, in such manner, and contain such information as the Commissioner may reasonably require. 20 USC 1204. "(d) Notwithstanding the provisions of sections 305 and 307(a), Ante, p. 2359. the Commissioner shall pay all the costs of applications approved by him under this section. "(e) Not less than 50 per centum of the funds appropriated under this section shall be used by the Commissioner to enter into contracts with private nonprofit agencies, organizations, and institutions. Appropriation "(f) For the purposes of making grants and entering into contracts authorization. under this section, there is hereby authorized to be appropriated such sums as may be necessary for fiscal year 1979 and each of the four succeeding fiscal years.". Grants and contracts. 20 USC 1211c.

PART B—HIGHER EDUCATION TEACHER TRAINING PROGRAMS

Appropriation authorization.

20 USC 1119.

SEC. 1321. (a)(1) Section 531 of the Higher Education Act of 1965 is amended by striking out "and for each of the fiscal years ending

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1083

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2363

prior to October 1, 1979," and inserting in lieu thereof the following: «and the fiscal year 1978, and $100,000,000 for the fiscal year 1979,". (2) Section 531 of such Act is further amended by inserting at the 20 USC 1119. end thereof the following new sentence: "In the event that sums exceeding $50,000,000 are appropriated in any fiscal year for purposes of carrying out this part, each State shall receive grants sufficient to assure the establishment of one such teacher center in that State in such fiscal year." (b)(1) Section 532(c)(1) of such Act is amended by inserting after 20 USC 1119a. ''local educational agencies" the following: "or any consortium of local educational agencies (including statewide programs)". (2) Section 532(c)(2) of such Act is amended by adding at the end thereof the following new sentence: "The Commissioner shall, upon receipt of such petition, request further consideration by the State educational agency.". (3) Section 532(c) of such Act is amended by adding at the end Application, transmittal. thereof the following new paragraph: "(3) If, subsequent to the expiration of thirty days after the Commissioner's petitioning the State educational agency, such agency has not transmitted such application, then such application shall be transmitted to the Commissioner along with the comments and evaluation of the State educational agency.". AMENDMENT FOR ADVANCES FOR RESERVED FUNDS OF STATE LOAN INSURANCE PROGRAMS

SEC. 1322. (a) Section 422(c)(5) of the Higher Education Act of 1965 is amended by striking out "the effective date of this subsection" 20 USC 1072 each place it appears in subparagraphs (A) and (B) and inserting in lieu thereof "the date of enactment of this subsection". (b) The amendments made by subsection (a) of this section shall Effective date. 20 USC 1072 take effect on October 1, 1977. note.

DIRECT LOANS TO STUDENTS J CONFORMING AMENDMENT

SEC. 1323. (a) Section 465(a)(2)(A) is amended by striking out 20 USC 1087ee. "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 lowincome factor of $3,000)" and inserting in lieu thereof "counted under section 111(c) of the Elementary and Secondary Education Act of 1965". Ante, p. 2153. PART C—INDOCHINESE EEFUGEE CHILDREN E X T E N n O N O F PROGRAM

SEC. 1331. (a) Section 201(a) of the Indochina Refugee Children Assistance Act of 1976 is amended by inserting after "1977" a comma 20 USC 1211b and the following: ", and for the period beginning October 1, 1978, note, and ending September 30, 1981". (b) Section 201(a)(3) of such Act is amended by inserting before the period at the end thereof a comma and the following: "and who are paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Naturalization Act on or 8 USC 1182. after January 1, 1977".

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 92 STAT. 2364 20 USC 1211b note.

20 USC 1211b note. 20 USC 1211b note. Applications. 20 USC 1211b note.

20 USC 1211b note. 20 USC 1211b note.

PUBLIC LAW 95-561—NOV. 1, 1978 (c)(1) Section 202(a) of such Act is amended by inserting after "1977" a comma and the following: "and for the period October 1, 1978, through September 30, 1981". (2)(A) Section 202(b)(1) of such Act is amended by striking out "is entitled" and inserting "is eligible to receive" and by inserting after "1977" a comma and the following: "and for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1981". (B) Section 202(b)(1) of such Act is further amended by striking out clauses (B) and (C) of such section and inserting in lieu thereof "(B) an amount not to exceed $450.". (d) Section 203 of such Act is amended by striking out everything after "may be used" and inserting in lieu thereof "only in accordance with the provisions of section 103". (e) Section 204(a) of such Act is amended by inserting after "1977" a comma and the following: "and for the period October 1, 1978, through September 30, 1981". (f) Section 205(a)(3) of such Act is amended to read as follows: " (3) provide such data and assurances as the Commissioner may prescribe— "(A) to demonstrate that the costs of the additional services for which the payment will be made are the direct result of the presence of Indochinese refugee children and that those additional instructional services will actually be provided to those children for the duration of the period for which assistance is made available under this title; and "(B) to demonstrate that such payments are distributed between the State educational agency and the local educational agencies within the State in proportion to the contribution to such costs by each such agency;". (g) Section 206(b) of such Act is amended by striking out "1 per centum" and inserting in lieu thereof "5 per centum". (h) Section 208 of such Act is amended by inserting after "1977" a comma and the following: "and for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1982". (i) The heading of title II of such Act is amended to read as follows: "TITLE II—PROGKAM FOR SUBSEQUENT FISCAL YEARS". PART D—EDUCATION OF THE HANDICAPPED TECHNICAL AMENDMENT

20 USC 1411. 20 USC 1411 note.

SEC. 1341. (a) Section 611(a)(3) of the Education of the Handicapped Act is amended by striking out "the average of the", and by striking out "October 1 and February 1" and inserting in lieu thereof "December 1". (b) The amendments made by subsection (a) of this section shall take ejffect with respect to determinations made in fiscal year 1979 and thereafter. PART E—GUIDANCE AND COUNSELING EXTENSION OF PROGRAM

20 USC 2532.

SEC. 1351. Section 342 (a^ of the Education Amendments of 1976 is amended by striking out "fiscal year 1978 and 1979" and inserting in lieu thereof "fiscal years 1978 through 1983".

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Rh cried Flossie, and this caused a wild shriek of laughter.

"Bert must love mushrooms," said Nellie.

"I do," said Bert, "if they are in a sauce."

And then the game went on, until somebody suggested something else.

At seven o'clock a supper was served. The tables were two in number, with the little girls and boys at one and the big girls and boys at the other. Each was decked out with flowers and with colored streamers, which ran down from the chandelier to each corner of both tables.

There was a host of good things to eat and drink—chicken sandwiches and cake, with cups of sweet chocolate, or lemonade, and then more cake and ice-cream, and fruit, nuts, and candy. The ice-cream was done up into various fancy forms, and Freddie got a fireman with a trumpet under his arm, and Nan a Japanese lady with a real paper parasol over her head. Bert was served with an automobile, and Flossie cried with delight when she received a brown-and-white cow that looked as natural as life, all of the forms were so pleasing that the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1085

 92 STAT. 2365

PUBLIC LAW 95-561—NOV. 1, 1978 TITLE XIV—OVERSEAS D E F E N S E DEPENDENTS' EDUCATION

Defense Dependents' Education Act of 1978.

SHORT TITLE

SEC. 1401. This title may be cited as the "Defense Dependents' Edu- 20 USC 921 note, cation Act of 1978". ESTABLISHMENT OF DEFENSE DEPENDENTS' EDUCATION

SYSTEM

SEC. 1402. (a) The Secretary of Defense shall establish and operate 20 USC 921. a program (hereinafter in this title referred to as the "defense dependents' education system") to provide a free public education through secondary school for dependents in overseas areas. (b)(1) The Secretary shall ensure that individuals eligible to recieve a free public education under subsection (a) receive an education of high quality. (2) In establishing the defense dependents' education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of— (A) the handicapped, B) individuals in need of compensatory education, C) individuals with an interest in vocational education, [ D) gifted and talented individuals, and (E) individuals of limited English-speaking ability. (3) The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available. OFFICE OF DEPENDENTS' EDUCATION

SEC. 1403. (a)(1) There is established within the Department of Defense an office to be known as the Office of Dependents' Education. (2) The Office of Dependents' Education shall be headed by a Director of Dependents' Education (hereinafter in this title referred to as the "Director"), who shall be a civilian and who shall be selected by the Secretary of Defense and shall report to the Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics. (b) Except with respect to the authority to prescribe regulations, the Secretary of Defense may carry out his functions under this Act through the Director. (c) The Director shall— (1) establish personnel policies, consistent with the Defense Department Overseas Teachers Pay and Personnel Practices Act, for employees in the defense dependents' education system, (2) have authority to transfer professional employees in the defense dependents' education system from one position to another. (3) prepare a unified budget for each fiscal year, which shall include necessary funds for construction and operation and maintenance of facilities, for the defense dependents' education system for inclusion in the Department of Defense budget for that year, (4) have authority to establish, in accordance with section 1410, local school advisory committees,

Establishment. 20 USC 922. Director.

Duties.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1086

 92 STAT. 2366

Offices.

Reports to Congress.

PUBLIC LAW 95-561—NOV. 1, 1978

(5) have authority to arrange for inservice and other training programs for employees in the defense dependents' education system, and (6) perform such other functions as may be required or delegated by the Secretary of Defense or the Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics. (d)(1) The Director shall establish appropriate regional or area offices for the Office of Dependents' Education in order to provide for thorough and efficient administration of the defense dependents' education system. (2) Not later than six months after the date of the enactment of th's Act, the Secretary of Defense shall submit to the Congress a report (A) describing the organization of the Office of Dependents' Education in accordance with paragraph (1), (B) describing the assignment of personnel to the central office of the Office of Dependents' Education and to such regional or area offices as are established pursuant to paragraph (1), and (C) detailing the personnel requirements of the defense dependents' education system. Whenever the Office of Dependents' Education is reorganized after the submission of the report required under the preceding sentence, the Secretary of Defense shall submit an additional report to the Congress describing the reorganization. (3) Subject to the approval of the Secretary of Defense, the Office of Dependents' Education is authorized an appropriate number of civilian employees in its central office and such regional or area office as are established pursuant to paragraph (1). TUITION-PAYING

Enrollment authorization.

20 USC 923.

Payment, rate.

Regulations.

STUDENTS

SEC. 1404. (a) Subject to subsection (b) and in accordance with regulations issued under subsection (c), the Director may authorize the enrollment in a school of the defense dependents' education system of a child not otherwise eligible to enroll in such a school if and to the extent that there is space available for such child in the school. (b)(1) Except as otherwise provided under subsection (c), any child permitted to enroll in a school of the defense dependents' education system under this section shall be required to pay tuition at a rate determined by the Secretary of Defense, which shall not be less than the rate necessary to defray the average cost of the enrollment of children in the system under this section. (2) Amounts received under paragraph (1) shall be available to the defense dependents' education system to assist in defraying the cost of enrollment of children in the system under this section. (c) The Secretary of Defense may by regulation identify classes of children who shall be eligible to enroll in schools of the defense dependents' education system under this section if and to the extent that there is space available, establish priorities among such classes, waive the tuition requirement of subsection (b)(1) with respect to any such class, and issue such other regulations as may be necessary to carry out this section. A N N U A L EDUCATIONAL ASSESSMENT

20 USC 924.

SEC. 1405. (a) The Director shall assess each year the performance of the defense dependents' education system in providing an education of high quality to children enrolled in the system. Such assessment may include the use of educational assessment measures and such other

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 PUBLIC LAW 95-561—NOV. 1, 1978 means as the Director determines to be suitable for assessing student performance. (b) The results of each annual assessment under subsection (a) with respect to an individual enrolled in the defense dependents' education system shall be made available to the sponsor of such individual, and summary results of each such annual assessment shall be made available to Members of Congress and to professional employees in the system.

92 STAT. 2367

Results, availability.

SCHOOL CONSTRUCTION BY THE DIRECTOR O F DEPENDENTS EDUCATION

SEC. 1406. The President shall include in his budget for each fiscal 20 USC 925. year a separate request for funds for construction of school facilities by the Director. SCHOOL SYSTEM FOR DEPENDENTS IN OVERSEAS AREAS

SEC. 1407. (a) The Secretary of Defense shall establish and operate Establishment a school system for dependents in overseas areas as part of the defense and operation. 20 USC 926. dependents' education system. (b) Under such circumstances as he may by regulation prescribe, Tuition the Secretary of Defense may provide tuition to allow dependents in provision, an overseas area where a school operated by the Secretary is not rea- regulations. sonably available to attend schools other than schools established under subsection (a) on a tuition-free basis. Any school to which tuition is paid under this subsection to allow a dependent in an overseas area to attend such school shall provide an educational program satisfactory to the Secretary. (c)(1)(A) Chapter 7 of title 37, United States Code, relating to allowances authorized for members of the uniformed services, is amended by adding after section 428 the following new section: ^§429. Travel and transportation allowances: minor dependent 37 USC 429. schooling "Under regulations to be prescribed by the Secretary of Defense, a Regulations. member of a uniformed service whose permanent station is outside the United States may be allowed transportation in kind for any minor dependent (or reimbursement therefor), or a monetary allowance in place of such transportation in kind, to a school operated by the Department of Defense under the Defense Dependents' Education Act of 1978 for dependents in an overseas area which is operated, and which such dependent attends, on a 5-day-a-week dormitory basis or on a 7-day-a-week dormitory basis. In the case of a dependent attending a school on a 5-day-a-week dormitory basis, the transportation in kind or allowance authorized by this section shall be for weekly trips to and from such school, and in the case of a dependent attending a school on a 7-day-a-week dormitory basis, such transportation in kind or allowances shall be for not less than three trips to and from such school during the school year.". (B) The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by adding after the item relating to section 428 the following new item: "429. Travel and transportation allowances: minor dependent schooling.".

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PUBLIC LAW 95-561—NOV. 1, 1978 ELIGIBILITY FOR SCHOOL L U N C H AND BREAKFAST PROGRAMS

SEC. 1408. (a) The National School Lunch Act is amended by adding at the end thereof the following new section: "DEPARTMENT or DEFENSE OVERSEAS DEPENDENTS' SCHOOLS Federal payments and commodities, availability.

42 USC 1769b.

Lunch programs, administration, eligibility, and regulations.

Appropriation authorization.

42 USC 1773.

"SEC. 22. (a) For the purpose of obtaining Federal payments and commodities in conjunction with the provision of lunches to students attending Department of Defense dependents' schools which are located outside the United States, its territories or possessions, the Secretary of Agriculture shall make available to the Department of Defense, from funds appropriated for such purpose, the same payments and commodities as are provided to States for schools participating in the National School Lunch Program in the United States. "(b) The Secretary of Defense shall administer lunch programs authorized by this section and shall determine eligibility for free and reduced-price lunches under the criteria published by the Secretary of Agriculture, except that the Secretary of Defense shall prescribe regulations governing computation of income eligibility standards for families of students participating in the National School Lunch Program under this section. "(c) The Secretary of Defense shall be required to offer meals meeting nutritional standards prescribed by the Secretary of Agriculture; however, the Secretary of Defense may authorize deviations from Department of Agriculture prescribed meal patterns and fluid milk requirements when local conditions preclude strict compliance or when such compliance is impracticable. "(d) Funds are hereby authorized to be appropriated for any fiscal year in such amounts as may be necessary for the administrative expenses of the Department of Defense under this section and for payment of the difference between the value of commodities and payments received from the Secretary of Agriculture and (1) the full cost of each lunch for each student eligible for a free lunch, and (2) the full cost of each lunch, less any amounts required by law or regulation to be paid by each student eligible for a reduced-price lunch. "(e) The Secretary of Agriculture shall provide the Secretary of Defense with the technical assistance in the administration of the school lunch programs authorized by this section.". (b) The Child Nutrition Act of 1966 is amended— (1) by inserting "and the Department of Defense'" after "States" in the first sentence of section 4(a); and (2) by adding at the end thereof the following new section:
 * (DEPARTMENT

Federal payments and commodities, availability.

42 USC 1789.

Breakfast programs, administration, eligibility, and regulations.

OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS

"SEC. 20. (a) For the purpose of obtaining Federal payments and commodities in conjunction with the provision of breakfasts to students attending Department of Defense dependents' schools which are located outside the United States, its territories or possessions, the Secretary of Agriculture shall make available to the Department of Defense, from funds appropriated for such purpose, the same payments and commodities as are provided to States for schools participating in the school breakfast program in the United States. " (b) The Secretary of Defense shall administer breakfast programs authorized by this section and shall determine eligibility for free and

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reduced-price breakfasts under the criteria published by the Secretary of Agriculture, except that the Secretary of Defense shall prescribe regulations governing computation of income eligibility standards for families of students participating in the school breakfast program under this section. "(c) The Secretary of Defense shall be required to offer meals meeting nutritional standards prescribed by the Secretary of Agriculture; however, the Secretary of Defense may authorize deviations from Department of Agriculture prescribed meal patterns and fluid milk requirements when local conditions preclude strict compliance or when such compliance is highly impracticable. "(d) Funds are hereby authorized to be appropriated for any fiscal Appropriation year in such amounts as may be necessary for the administrative authorization. expenses of tb^ Department of Defense under this section and for payment of the difference between the value of commodities and payments received from the Secretary of Agriculture and (1) the full cost of each breakfast for each student eligible for a free breakfast, and (2) the full cost of each breakfast, less any amounts required by law or regulation to be paid by each student eligible for a reduced-price breakfast. "(e) The Secretary of Agriculture shall provide the Secretary of Defense with technical assistance in the administration of the school breakfast programs authorized by this section.". ALLOTMENT FORMULA

SEC. 1409. (a) The Director shall by regulation establish a formula for determining the minimum allotment of funds necessary for the operation of each school in the defense dependents' education system. In establishing such formula, the Director shall take into consideration— (1) the number of students served by a school and the size of the school; (2) special cost factors for a school, including— (A) geographic isolation of the school, (B) a need for special staffing, transportation, or educational programs at the school, and (C) unusual food and housing costs, (3) the cost of providing academic services of a high quality as required by section 1402(b)(1); and (4) such other factors as the Director considers appropriate. (b) Any regulation under subsection (a) shall be issued, and shall become effective, in accordance with the procedures applicable to regulations required to be issued by the Department of Health, Education, and Welfare in accordance with section 431 of the General Education Provisions Act. (c) The provisions of the Education for All Handicapped Children Act of 1975 shall apply with respect to all schools operated by the Department of Defense under this Act.

Regulation. 20 USC 927.

20 USC 1232. 20 USC 1401 note.

SCHOOL ADVISORY C O M M r i T E E S

SEC. 1410. (a)(1) The Director shall provide for the establishment Establishments. of an advisory committee for each school in the defense dependents' 20 USC 928. education system. An advisory committee for a school shall advise the principal or superintendent of the school with respect to the operation

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 92 STAT. 2370

Membership.

Qualifications, regulations.

Compensation.

PUBLIC LAW 95-561—NOV. 1, 1978 of the school, may make recommendations with respect to curriculum and budget matters, and, except as provided under paragraph (2), shall advise the local military commander with respect to problems concerning dependents' education within the jurisdiction of the commander. The membership of each such advisory committee shall include an equal number of representatives of sponsors of students enrolled in the school and of employees working at the school and, when appropriate, may include a student enrolled in the school. (2) In the case of any military installation or overseas area where there is more than one school in the defense dependents' education system, the Director shall provide for the establishment of an advisory committee for such military installation or overseas area to advise the local military commander with respect to problems concerning dependents' education within the jurisdiction of the commander. (b) Members of a school advisory committee established under this section shall be elected by individuals of voting age residing in the area to be served by the advisory committee. The Secretary of Defense shall by regulation prescribe the qualifications for election to an advisory committee and procedures for conducting elections of advisory committee members. (c) Members of school advisory committees established under this section shall serve without pay. ADVISORY COUNCIL ON DEPENDENTS' EDUCATION

Establishment and membership.

20 USC 929.

Director. Term.

SEC. 1411. (a) There is established in the Department of Defense an Advisory Council on Dependents' Education (hereinafter in this section referred to as the "Council"). The Council shall be composed of— (1) the Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics (hereinafter in this section referred to as the "Assistant Secretary"), who shall be the chairman of the Council; (2) twelve individuals appointed by the Assistant Secretary, who shall be individuals versed by training or experience in the field of primary or secondary education and who shall include representatives of professional employee organizations, school administrators, sponsors of students enrolled in the defense dependents' education system, and one student enrolled in such system; and (3) a representative of each of— (A) the Commissioner of Education, Department of Health, Education, and Welfare, (B) the Director of the National Institute of Education, ]' Department of Health, Education, and Welfare, (C) the Director of the Educational Directorate of the National Science Foundation, (D) the Chairman of the National Endowment for the Arts, (E) the Chairman of the National Endowment for the Humanities, and (F) the Secretaries of the military departments. The Director shall be the Executive Secretary of the Council. (b) The term of office of each member of the Council appointed under subsection (a)(2) shall be three years, except that— (1) of the members first appointed under such paragraph, four shall serve for a term of one year, four shall serve for a term of

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 PUBLIC LAW 95-561—NOV. 1, 1978 two years, and four shall serve for a term of three years, as determined by the Assistant Secretary at the time of their appointment, and (2) any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No member appointed under subsection (a)(2) shall serve more than two full terms on the Council. (c) The Council shall meet at least four times each year. The functions of the Council shall be to— (1) recommend to the Director general policies for operation of the defense dependents' education system with respect to curriculum selection, administration, and operation of the system, (2) provide information to the Director from other Federal agencies concerned with primary and secondary education with respect to education p r o - a m s and practices which such agencies have found to be effective and which should be considered for inclusion in the defense dependents' education system, (3) advise the Director on the design of the study and the selection of the contractor referred to in section 1412(a)(2) of this title, and (4) perform such other tasks as may be required by the Assistant Secretary. (d) Members of the Council who are not in the regular full-time employ of the United States shall, while attending meetings or conferences of the Council or otherwise engaged in the business of the Council, be entitled to receive compensation at the daily equivalent of 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 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. (e) The Council shall continue in existence until terminated by law.

92 STAT. 2371

Functions,

Compensation,

5 USC 5332 note.

Termination.

STUDY OF DEFENSE DEPENDENTS' EDUCATION SYSTEM

SEC. 1412. (a)(1) As soon as practicable after the date of the enact- 20 USC 930. ment of this Act, the Director shall provide for a comprehensive study of the entire defense dependents' education system, which shall include a detailed analysis of the education programs and the facilities of the system. (2) The study required by this subsection shall be conducted by a contractor selected by the Director after an open competition. After Report. conducting such study, the contractor shall submit a report to the Director not later than one year after the effective date of this title describing the results of the study and giving its assessment of the defense dependents' education system. (b) In designing the specifications for the study to be conducted Consultation. pursuant to subsection (a)(1), and in selecting a contractor to conduct such study under subsection (a)(2), the Director shall consult with the Advisory Council on Dependents' Education established under section 1411 of this title. (c) The Director shall submit to the Congress not later than one Results and year after the effective date of this title the report submitted to him legislative

recommendations, submittal to Congress.

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Report to Congress.

PUBLIC LAW 95-561—NOV. 1, 1978 under subsection (a)(2) describing the results of the study carried out pursuant to subsection (a)(1), together with the recommendations, if any, of the contractor for legislation or any increase in funding needed to improve the defense dependents' education system. Notwithstanding any law, rule, or regulation to the contrary, such report shall not be submitted to any review before its transmittal to the Congress, but the Secretary of Defense shall, at the time of the transmittal of such report, submit to the Congress such recommendations as he may have with respect to legislation or any increase in funding needed to improve the defense dependents' education system. (d) The Director may provide for additional studies of the defense dependents' education system to be conducted in accordance with the provisions of this section, but such studies shall not be conducted more frequently than once a year. A report of each study shall be submitted ^Q ^}^Q Congress in accordance with subsection (c), and the second sentence of such subsection shall apply with respect to the transmission of each such report. REGTJLATIONS

20 USC 931.

,

SEC. 1413. Not later than 180 days after the effective date of this title, the Secretary of Defense shall issue regulations to carry out this title. Such regulations shall— (1) prescribe the educational goals and objectives of the defense dependents' education system, (2) establish standards for the development of curricula for the system and for the selection of instructional materials, (3) prescribe professional standards for professional personnel employed in the system, I (4) provide for arrangements between the Director and com,;, manders of military installations for necessary logistic support for schools of the system located on military installations, (5) provide for a recertification program for professional personnel employed in the system, and (6) provide for such other matters as may be necessary to ensure J the efficient organization and operation of the defense dependents' education system. DEFINITIONS

20 USC 932.

, „

SEC. 1414. For purposes of this title: (1) The term "dependent" means a minor individual— (A) who has not completed secondary schooling, and (B) who is the child, stepchild, adopted child, ward, or spouse of a sponsor, or who is a resident in the household of a sponsor who stands in loco parentis to such individual and who receives one half or more of his support from such sponsor. (2) The term "sponsor" means— (A) a member of the Armed Forces serving on active duty, or (B) a civilian officer or employee of the Department of Defense paid from appropriated funds. (3) The term "overseas area" means any area situated outside the United States. (4) The term "United States", when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United

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States (excluding the Trust Territory of the Pacific Islands and Midway Island). EFFECTIVE DATES

SEC. 1415. (a)(1) Except as provided in paragraph (2) this title 20 USC 921 note, shall take effect on July 1, 1979. (2) Section 1407(b) and the amendments made by section 1407(c), 1408(a), and 1408(b) shall take effect on October 1, 1978. (b) Notwithstanding subsection (a) or any other provision of this title no provision of this title shall be construed to impair or prevent the taking effect of the provision of any other Act providing for the transfer of the functions described in this title to an executive department having responsibility for education. TITLE XV—MISCELLANEOUS PROVISIONS .

PART A—INTERNATIONAL YEAR OF THE CHILD

DECLARATION OF PURPOSE OF THE INTERNATIONAL YEAR OF THE CHILD

SEC. 1501. The United Nations General Assembly, by a resolution 22 USC 287 note, approved at its thirty-first session, has designated the year 1979 as the International Year of the Child. This action was designed to focus national and international attention on various aspects of the needs of children and to encourage all nations, individually and in cooperation, to take appropriate and relevant actions to meet them. The General Assembly called upon member states and international organizations to participate fully in the International Year of the Child and to devote the year 1979 to efforts at the international, national and community levels to provide lasting improvements in the well-being of children. ESTABLISHMENT OF A NATIONAL COMMISSION

SEC. 1502. (a) The President shall establish a National Commission Membership, on the International Year of the Child (hereinafter in this Act 22 USC 287 note, referred to as the "Commission"), and to appoint to the Commission not more than twenty-five members chosen from among citizens in private life. (b) The President shall designate a Chairperson and two Vice Chairperson. Chairpersons from among the members. (c) The President of the Senate and the Speaker of the House of Representatives may each designate two Members of the Senate and the House of Representatives, respectively, to serve on the Commission, in addition to the members to be appointed by the President. FUNCTIONS OF THE

COMMISSION

SEC 1603. (a) The Commission shall promote: (i) effective and 22 USC 287note, significant observance in the United States of 1979 as the International Year of the Child (hereinafter in this Act referred to as the "Year"), with particular reference to the goals stated in section 2; (ii) cooperation by the United States with UNICEF and other international organizations and with other nations to achieve the objectives of the Year. To these ends, the Commission shall seek to stimulate within the United States a better understanding of, and actions to meet, the " ' ' needs of children both in this and in other countries. Such needs would

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Recommendations and report to President.

PUBLIC LAW 95-561—NOV. 1, 1978 include, but not be limited to the social, health, educational, and developmental needs of children, as well as concern for the general conditions and rights of children. (b) The Commission shall keep informed of activities undertaken or planned by various organizations and groups in the United States and abroad m observance of the Year and shall consult with such groups and stimulate such activities and programs through community, civic, local. State, regional, national. Federal, international, private and professional organizations. (c) The Commission may conduct studies, inquiries, and hearings and hold meetings as it deems necessary. I t may assemble and disseminate information and issue reports and other publications. I t may also coordinate, sponsor, perform, or oversee projects, studies, events, and other activities that it deems necessary or desirable for the observance of the Year. (d) The Commission shall make recommendations to the President on national policies in furtherance of the goals of the Year; and shall make a final report to the President on its work and recommendations not later than March 31, 1980. •.

.

COORDINATION AND ADMINISTRATION

Subcommittees, SEC. 1504. (a) The Commission is authorized to establish such subauthorization. committees, the membership of which may include persons not mem22 USC 287 note. bers of the Commission, as it deems necessary to carry out the purpose of this Act. (b) E a c h agency of the executive branch of the Government is authorized: (1) to furnish to the Commission, upon request of the Chairperson of the Commission, such information, advice, services, and funds as may be useful to the Commission for the fulfillment of its functions under this Act, and (2) to detail personnel to the Commission. Compensation. (c) E a c h member of the Commission or any of its subcommittees, who is not a member of Congress may, while serving on business of the Commission, be compensated at a rate not to exceed the daily equivalent of G S - 1 5 for each day they are engaged in the actual performance of duties. (d) The Commission may appoint such staff personnel as it considers necessary to carry out its duties under this Act without regard to the provisions of title 5, United States Code, governing appointment in the competitive civil service, and without regard to chapter 5 USC 5101 et 51 and subchapter III of chapter 53 of such title relating to classificaseq., 5301. tion and General Schedule pay rates, except that not more than two individuals so appointed may receive pay in excess of the annual rate 5 USC 5332 note. of basic pay in effect for grade GS-15 of the General Schedule. Appointments shall be made without regard to political affiliation. (e) The Commission is authorized to accept and use services of voluntary and uncompensated personnel. Such personnel shall not be considered Federal employees for any purpose other than for pur5 USC 8101 et poses of chapter 81 of title 4, United States Code (relating to compensation for i n j u r y), and sections 2671 through 2680 of title 28, United States Code (relating to tort claims), and shall not perform the work of Federal employees. Travel (f) Members or staff of the Commission or of a subcommittee thereallowances. of, shall be allowed travel expenses while attending meetings of the Commission or its subcommittees or otherwise engaged in the business

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of the Commission away from their homes or regular places of business, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (g) The Commission is authorized to procure such temporary and Experts and intermittent services of experts and consultants as are necessary to the consultants extent authorized by section 3109 of title 5, United States Code. (h) The Commission is authorized to accept, use, and dispose of contributions of money or property. (i) The Commission is authorized to enter into contracts with Contracts Federal and State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. , (j) The Commission may use the United States mails under the same conditions as other departments and agencies of the United States. (k) The powers granted the Commission by this Act shall be in addition to those granted by Executive Order 12053. The powers 3 CFR 1978 granted the Commission by Executive Order 12053 may be employed Comp., p. 174. to fulfill the responsibilities of the Commission under this Act. (1) The powers granted the Commission under this Act may be delegated to any member or employee of the Commission by the Commission Chairperson. (m) Financial and administrative support services (including those related to budget and accounting, financial reporting, personnel, and procurement) shall be provided to the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement, from funds of the Commission, in such amounts as may be agreed upon by the Chairperson of the Commission and the Administrator of the General Services Administration. WAIVERS o r CERTAIN OTHER PROVISIONS OF LAW

SEC. 1505. In order to expedite matters pertaining to the planning 22 USC 287 note, for, and work of, the Commission, the Commission is authorized to make purchases and contracts without regard to section 252 of title 41 of the United States Code, pertaining to advertising and competitive bidding, and may arrange for the printing of any material pertaining to the work of the Commission without regard to the Government Printing and Binding Regulations and any related laws or regulations. TERMINATION DATE

SEC. 1506. The Commission shall continue in existence until thirty 22 USC 287 note, days after submission of its final report to the President pursuant to . <. i. section 1503(d), at which time it shall terminate, but the life of the Commission shall in no case extend beyond April 30, 1980. AUTHORIZATION OF APPROPRIATIONS

SEC. 1507. There are authorized to be appropriated, without fiscal 22 USC 287 note, year limitations such sums as may be necessary to carry out the provisions of this Act. Such sums shall remain available for obligation until expended. No funds authorized hereunder may be used for lobbying activities.

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PUBLIC LAW 95-561—NOV. 1, 1978 PART B—NATIONAL ACADEMY OF PEACE AND CONFLICT RESOLUTION ESTABLISHMENT

Commission on Proposals for the National Academy of Peace and Conflict Resolution. 20 USC 1172 note. 20 USC 1172 note.

SEC. 1511. There is established a commission to be known as the Commission on Proposals for the National Academy of Peace and Conflict Resolution. DUTIES OF COMMISSION

SEC. 1512. (a) The Commission shall undertake a study to consider— (1) whether to establish a National Academy of Peace and Confleet Resolution; (2) the size, cost, and location of an Academy; (3) the effects which the establishment of an Academy would have on existing institutions of higher education; (4) the relationship which would exist between an Academy and the Federal Government; (5) the feasibility of making grants and providing other forms of assistance to existing institutions of higher education in lieu . of, or in addition to, establishing an xA^cademy; and .V (6) alternative proposals, which may or may not include the establishment of an Academy, which would assist the Federal Government in accomplishing the goal of promoting peace, (b) I n conducting the study required by subsection (a), the Commission shall— (1) review the theory and techniques of peaceful resolution of conflict between nations; and (2) study existing institutions which assist in resolving conflict in the areas of international relations. " ^

20 USC 1172 note.

eompensation.

5 USC 5332 note.

Travel allowances.

MEMBERSHIP

•

SEC. 1513. (a) The Commission shall be composed of nine members as follows— (1) three appointed by the President pro tempore of the Senate; (2) three appointed by the Speaker of the House of Representatives; and (3) three appointed by the President. (b) Members shall be appointed for the life of the Commission. (c) A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d)(1) Except as provided in paragraph (2), members of the Commission each shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule (5 U.S.C. 5332) for each day during which they are engaged in the actual performance of the duties of the Commission. (2) Members of the Commission who are full-time officers or employees of the United States or Members of the Congress shall receive no additional pay on account of their service on the Commission. (3) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including a per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.

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(e) The Commission shall elect a Chairman and a Vice Chairman from among its members. (i) Five members of the Commission shall constitute a quorum. (g) The Commission shall meet at the call of the Chairman or a Meetings, majority of its members. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS

SEC. 1514. (a) Subject to such rules as may be adopted by the Com- 20 USC 1172 mission, the Chairman, without regard to the provisions of title 5, note. United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifications and General Sched- 5 USC 5101 et seq., 5301. ule pay rates, shall have the power to— (1) appoint a Director who shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316); (2) appoint and fix the compensation of such staff personnel as he considers necessary; and (3) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. (b) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this title. POWERS OF COMMISSION

). 1515. (a) The Commission may, for the purpose of carrying 20 USC 1172 out this title, n( such hearings, sit and act at such times and places, note. lold take such testimony, and receive such evidence as the Commission considers advisable. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. (b) When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (c) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the Chairman, the head of any such Federal agency shall furnish such information to the Commission. SEC.

REPORTS

SEC. 1516. The Commission shall transmit to the President and to Transmittal to each House of the Congress such interim reports as it considers appro- President and priate and shall transmit a final report to the President and to each Congress. House of the Congress not later than one year after the date on which appropriations first become available to carry out this title. The final 20 USC 1172 note. report shall contain a detailed statement of the findings and conclu- Legislative sions of the Commission, together with its recommendations for such recommendations. legislation as it considers appropriate. TERMINATION

SEC. 1517. The Commission shall cease to exist sixty days after trans- 20 USC 1172 note. mitting its final report under section 1516.

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PUBLIC LAW 95-561—NOV. 1, 1978 AUTHORIZATION OF APPROPRIATION

20 USC 1172 note.

SEC. 1518. There is authorized to be appropriated not to exceed $500,000 to carry out this title. DEFINITIONS

20 USC 1172 note.

SEC. 1519. For purposes of this title— (1) the term "Academy" means the National Academy of Peace and Conflict Kesolution; (2) the term " C h a i r m a n " means the Chairman of the Commission selected under section 1513(e); (3) the term "Commission" means the Commission on P r o posals for the National Academy of Peace and Conflict Resolution; and (4) the term "Federal agency" means any agency, department, or independent establishment in the executive branch of the Federal Government, including any Government corporation. P A R T C—MISCELLANEOUS AMENDMENTS; EFFECTIVE DATES '

Availability. 20 USC 2711 note. Ante, p. 2153.

''

>/

PREPARATION OF CENSUS DATA

SEC. 1521. For the purpose of establishing a reliable statistical basis for the rendering of determinations under section 111(c) of the Elementary and Secondary Education Act of 1965, and for other purposes, the Secretary of Commerce shall take such steps as may be necessary to ensure that data developed from the 1980 decennial census will be available to the Secretary of Health, Education, and Welfare and to the Commissioner of Education identifying data for children under 18 years of age, by single year of age, for school districts. Such data shall relate to the family characteristics of these children, including income, education, and such other family characteristics as may be appropriate and available from the decennial census. AUTHORIZATION OF APPROPRIATIONS FOR RACIALLY ISOLATED SCHOOL DISTRICTS

S E C 1522. There is authorized to be appropriated $1,200,000 for each fiscal year prior to October 1, 1981, for assistance to local educational agencies which are racially isolated as a result of geographic location of the school district of such agencies, and which have adopted and are implementing, or will adopt and implement, a plan to aid schoolchildren in overcoming the educational disadvantage of minority group isolation. '

20 USC 1226C-1.

AVAILABILITY OF EDUCATION REPORTS

' '

SEC. 1523. Any evaluation report or data or information collected in preparation of such report, which is paid for with appropriated funds, shall be made available, upon request, within 4 days to the chairman and r a n k i n g minority member of the Committee on Education and Labor of the House of Representatives and of the Committee on Human Resources of the Senate.

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92 STAT. 2379

GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS

SEC. 1524. There is hereby authorized to be appropriated $5,000,000 for the fiscal year ending September 30, 1979, and for each of the four succeeding fiscal years, for the purpose of providing general assistance to improve public education in the Virgin Islands.

Appropriation authorization.

TERRITORIAL TEACHER TRAINING ASSISTANCE

SEC. 1525. There is hereby authorized to be appropriated $2,000,000 for the fiscal year ending September 30, 1979, and for each of the four succeeding fiscal years for the purpose of assisting teacher training programs in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. From the sums appropriated pursuant to this section the Commissioner of Education shall make grants and enter into contracts for the purpose of providing training to teachers in schools in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The Commissioner may make grants to or contracts with any organization that he deems qualified to provide training for teachers in such schools and shall allot such sums among such territories on the basis of the need for such training.

Appropriation authorization.

Grants and contracts.

STUDY OF EVALUATION PRACTICES AND PROCEDURES

SEC. 1526. The Commissioner of Education shall conduct a study 20 USC 1231a of evaluation practices and procedures at the national. State, and °°*®local levels with respect to federally funded elementary and secondary educational programs and shall include in the first annual report to Congress submitted more than one year after the date of enactment of this Act proposals and recommendations for the revision or modification of any part or all of such practices and procedures. Such proposals and recommendations shall include provisions— (1) to ensure that evaluations are based on uniform methods and measurements; (2) to ensure the integrity and independence of the evaluation process; and (3) to ensure appropriate follow-up on the evaluations that are conducted. TELEVISION PROGRAM ASSISTANCE

SEC. 1527. (a) The Secretary is authorized to make grants to and contracts with public and private agencies for the production, development, or distribution (or any combination thereof) of programs designed for television systems, whether broadcast or nonbroadcast. (b) The Assistant Secretary for Education shall be responsible for the administration of this section and shall also conduct surveys, research, and evaluation studies which may assist in decisions to support pilot programs for full scale production. LIMITATION ON CONTRACTING AUTHORITY

SEC. 1528. Notwithstanding any other provision of this Act, no authority to enter into contracts under this Act shall be effective except to such an extent or in such amounts as are provided in advance m appropriations Acts.

Grants and contracts, 20 USC 1221j. Administration,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1100

 92 STAT. 2380

PUBLIC LAW 95-561—NOV. 1, 1978 REPEAL

Repeals. 20 USC 1901,

SEC. 1529. Title VII of the Education Amendments of 1974 is repealed.

1921,

GENERAL EFFECTIVE DATE

1941-1944, 1961-1966, O^^T\O^^5^'^, 20 USC 2701 note.

fI

SEC. 1530. E x c e p t as otherwise specifically provided in t h i s Act, the provisions of this Act and the amendments and repeals m a d e by t h i s ^ c t shall take effect October 1, 1978. ' Approved November 1, 1978. ^

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1137 (Comm. on Education and Labor) and No. 95-1753 (Comm. of eonference). SENATE REPORT No. 95-856 accompanying S. 1753 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): June 1, 12, July 13, considered and passed House. * ' Aug. 23, S. 1753 considered in Senate. Aug. 24, considered and passed Senate, amended, in lieu of S. 1753. Oct. 12, Senate agreed to conference report. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov. 1, Presidential statement.

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Page:The Bobbsey Twins.djvu/144

130 did not care to eat them until the heat in the lighted dining room made them begin to melt away.

"I'm going to tell Dinah about the ice-cream cow," said Flossie. "Perhaps she can make them." But when appealed to, the cook said they were beyond her, and must be purchased from the professional ice-cream maker, who had the necessary forms.

There were dishes full of bonbons on the tables, and soon the bonbons were snapping at a lively rate among the big girls and boys, although the younger folks were rather afraid of them. Each bonbon had a motto paper in it and some sort of fancy article made of paper. Bert got an apron, which he promptly pinned on, much to the amusement of the girls. Nan drew a workman's cap and put it on, and this caused another laugh. There were all sorts of caps, hats, and aprons, and one big bonbon, which went to Flossie, had a complete dress in it, of pink and white paper. Another had some artificial flowers, and still another a tiny bottle of cologne.

While the supper was going on, Mr.

title: Page:The Bobbsey Twins.djvu/144


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Page:United States Statutes at Large Volume 92 Part 2.djvu/1101

 PUBLIC LAW 95-562—NOV. 1, 1978

92 STAT. 2381

Public Law 95-562 95th Congress An Act To amend the Perishable Agricultural Commodities Act.

Nov. 1, 1978 [S. 976]

Be it enacted by the Senate and House of Representatives of the Perishable United States of America in Congress assembled, SECTION 1. (a) Effective January 1, 1979, section 1 of the Perishable Agricultural Agricultural Commodities Act, 1930 (7 U.S.C. 499a), is amended by— Commodities Act, (1) in subsection (6), striking out "$100,000" and inserting in amendment. lieu thereof "$200,000"; and (2) in subsection (7), striking out "$100,000" and inserting in lieu thereof "$200,000". (b) Section 1 of the Perishable Agricultural Commodities Act, 1930, is further amended by inserting in subsection (6) immediately after "(C) no person buying any commodity" the following: "other than Potatoes. potatoes", except that no person buying potatoes for processing solely 7 USC 499a note. within the State where grown shall be deemed or considered to be a dealer under subsection (6) of section 1, as amended by this subsection, until January 1, 1982. SEC. 2. Section 3(b) of the Perishable Agricultural Commodities Licenses. Act, 1930 (7 U.S.C. 499c(b)), is amended by— (1) inserting immediately before the period at the end of the second sentence the following: "and to be furnished thereafter"; (2) striking out "$100" in the third sentence and inserting in Fees. lieu thereof the following: "$150, plus $50 for each branch or additional business facility operated by the applicant in excess of nine such facilities, as determined by the Secretary. Total annual fees for any applicant shall not exceed $1,000 in the aggregate"; (3) inserting immediately after "referred to above:" in the fourth sentence the following: ^''Provided, That the amount of money accumulated and on hand in the special fund at the end of any fiscal year shall not exceed 25 percent of the projected budget for the next following fiscal year:"; and (4) inserting '•^further' immediately after '•Provided' in the fourth sentence. SEC. 3. Section 13 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499m), is amended by renumbering subsections (b) through (e) as subsections (c) through (f) and adding a new subsection (b) as follows: "(b) The Secretary or the Secretary's duly authorized agents, in Inspection of order to insure that the prompt payment provision of section 2(4) of records. this Act is being complied with, shall from time to time inspect the 7 USC 499b. accounts, records, and memoranda of any commission merchant, dealer, or broker determined in a formal disciplinary proceeding under section 6(b) of this Act to have violated such provision. The Secretary may 7 USC 499f. also require that any such commission merchant, dealer, or broker furnish, maintain, and from time to time adjust a surety bond in form and amount satisfactory to the Secretary as assurance that such commission merchant's, dealer's, or broker's business will be conducted in accordance with this Act and that such commission merchant, dealer, or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1102

 92 STAT. 2382

Suspension of license.

Farm labor contractor, exclusion.

PUBLIC LAW 95-562—NOV. 1, 1978 broker will pay all reparation awards, subject to its right of appeal under section 7(c) of this Act: Provided, That if such surety bond is furnished, maintained, and adjusted as required by the Secretary, the Secretary shall not thereafter inspect the accounts, records, and memoranda of such commission merchant, dealer, or broker under this subsection more than once a year. If any such commission merchant, dealer, or broker refuses to permit such inspection or fails or refuses to furnish, maintain, or adjust such surety bond, the Secretary may publish the facts and circumstances and, by order, suspend the license of the ojffender until permission to make such inspection is given or such surety bond is furnished, maintained, or adjusted.". SEC. 4. Section 3(b) of the Farm Labor Contractor Kegistration Act of 1963 (7 U.S.C. 2042 (b)) is amended by— (1) striking out "or" at the end of paragraph (8), striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and "or"; and (2) adding at the end thereof a new paragraph (10) as follows: "(10) any person who would be required to register solely because the person is engaged in any such activity solely for the purpose of supplying full-time students or other persons whose principal occupation is not farm work to detassel and rogue hybrid seed corn or sorghum for seed and to engage in other incidental farmwork for a period not to exceed four weeks in any calendar year: Provided, That such students or other persons are not required by the circumstances of such activity to be away from their permanent place of residence ' overnight: Provided further, That such students or other persons, if under 18 years of age, are not engaged in providing transportation in vehicles caused to be operated by the contractor.". Approved November 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1620, accompanying H.R. 13845 (Comm. on Agriculture). SENATE REPORT No. 95-1156 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 8, considered and passed Senate. Oct. 3, 4, H.R. 13845 considered and passed House; passage vacated and S. 976, amended, passed in lieu. Oct. 13, Senate concurred in House amendments with an amendment. Oct. 13, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1103

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2383

Public Law 95-563 95th Congress An Act To provide for the resolution of claims and disputes relating to Government contracts awarded by executive agencies.

Nov. 1, 1978 [H.R. 11002]

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Contract Disputes be cited as the "Contract Disputes Act of 1978". Act of 1978. 41 USC 601 note. DEFINITIONS

•.<•

.^i'-'

'.'. ^

SKC. 2. As used in this Act— 41 USC 601. (1) the term "agency head" means the head and any assistant head of an executive agency, and may "upon the designation by" the head of an executive agency include the chief official of any principal division of the agency; (2) the term "executive agency" means an executive department as defined in section 101 of title 5, United States Code, an independent establishment as defined by section 104 of title 5, United States Code (except that it shall not include the General Accounting Office): a military department as defined by section 102 of title 5, United States Code, and a wholly owned Government corporation as defined by section 846 of title 31, United States Code, the United States Postal Service, and the Postal Kate Commission; (3) The term "contracting officer" means any person who, by appointment in accordance with applicable regulations, has the authority to enter into and administer contracts and make determinations and findings with respect thereto. The term also includes the authorized representative of the contracting officer, acting within the limits of his authority; (4) the term "contractor" means a party to a Government contract other than the Government; (5) The term "Administrator" means the Administrator for Federal Procurement Policy appointed pursuant to the Office of Federal Procurement Policy Act; (6) The term "agency board" means an agency board of contract appeals established under section 8 of this Act; and (7) The term "misrepresentation of fact" means a false statement of substantive fact, or any conduct which leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead. APPLICABILITY OF LAW

,

SEC. 3. (a) Unless otherwise specifically provided herein, this Act 41 USC 602. applies to any express or implied contract (including those of the nonappropriated fund activities described in sections 1346 and 1491 of title 28, United States Code) entered into by an executive agency for— (1) the procurement of property, other than real property in being;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1104

 92 STAT. 2384

Tennessee Valley Authority contracts.

PUBLIC LAW 95-563—NOV. 1, 1978

(2) the procurement of services; (3) the procurement of construction, alteration, repair or maintenance of real property; or, (4) the disposal of personal property. (b) With respect to contracts of the Tennessee Valley Authority, the provisions of this Act shall apply only to those contracts which contain a disputes clause requiring that a contract dispute be resolved through an agency administrative process. Notwithstanding any other provision of this Act, contracts of the Tennessee Valley Authority for the sale of fertilizer or electric power or related to the conduct or operation of the electric power system shall be excluded from the Act. (c) This Act does not apply to a contract with a foreign government, or agency thereof, or international organization, or subsidiary body thereof, if the head of the agency determines that the application of the Act to the contract would not be in the public interest. MARITIME CONTRACTS

41 USC 603.

SEC. 4. Appeals under paragraph (g) of section 8 and suits under section 10, arising out of maritime contracts, shall be governed by the Act of March 9, 1920, as amended (41 Stat. 525, as amended; 46 U.S.C. 741-752) or the Act of March 3, 1925, as amended (43 Stat. 1112, as amended; 46 U.S.C. 781-790) as applicable, to the extent that those Acts are not inconsistent with this Act. FRAUDULENT CLAIMS

41 USC 604.

SEC. 5. If a contractor is unable to support any part of his claim and it is determined that such inability is attributable to misrepresentation of fact or fraud on the part of the contractor, he shall be liable to the Government for an amount equal to such unsupported part of the claim in addition to all costs to the Government attributable to the cost of reviewing said part of his claim. Liability under this subsection shall be determined within six years of the commission of such misrepresentation of fact or fraud. DECISION BY THE CONTRACTING OFFICER

Contractor claims.

41 USC 605. Information to contractor.

SEC. 6. (a) All claims by a contractor against the government relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision. All claims by the government against a contractor relating to a contract shall be the suJbject of a decision by the contracting officer. The contracting officer shall issue his decisions in writing, and shall mail or otherwise furnish a copy of the decision to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of his rights as provided in this Act. Specific findings of fact are not required, but, if made, shall not be binding in any subsequent proceeding. The authority of this subsection shall not extend to a claim or dispute for penalties or forfeitures prescribed by statute or regulation which another Federal agency is specifically authorized to administer, settle, or determine. This section shall not authorize any agency head to settle, compromise, pay, or otherwise adjust any claim involving fraud. (b) The contracting officer's decision on the claim shall be final and conclusive and not subject to review by any forum, tribunal, or Government agency, unless an appeal or suit is timely commenced as

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1105

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2385

authorized by this Act. Nothing in this Act shall prohibit executive agencies from including a clause in government contracts requiring that pending final decision of an appeal, action, or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the contracting officer's decision. (c)(1) A contracting officer shall issue a decision on any submitted claim of $50,000 or less within sixty days from his receipt of a written request from the contractor that a decision be rendered within that period. For claims of more than $50,000, the contractor shall Certification, certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of his knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the contractor believes the government is liable. (2) A contracting officer shall, within sixty days of receipt of a submitted certified claim over $50,000— (A) issue a decision; or (B) notify the contractor of the time within which a decision Notification, will be issued. (3) The decision of a contracting officer on submitted claims shall be issued within a reasonable time, in accordance with regulations promulgated by the agency, taking into account such factors as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor. (4) A contractor may request the agency board of contract appeals to direct a contracting officer to issue a decision in a specified period of time, as determined by the board, in the event of undue delay on the part of the contracting officer. (5) Any failure by the contracting officer to issue a decision on a •• contract claim within the period required will be deemed to be a decision by the contracting officer denying the claim and will authorize the commencement of the appeal or suit on the claim as otherwise provided in this Act. However, in the event an appeal or suit is so commenced in the absence of a prior decision by the contracting officer, the tribunal concerned may, at its option, stay the proceedings to obtain a decision on the claim by the contracting officer. CONTRACTOR S RIGHT OF APPEAL TO BOARD OF CONTRACT APPEALS

SEC. 7. Within ninety days from the date of receipt of a contract- 41 USC 606. ing officer's decision under section 6, the contractor may appeal such decision to an agency board of contract appeals, as provided in section 8. AGENCY BOARDS OF CONTRACT APPEALS

SEC. 8. (a)(1) Except as provided in paragraph (2) an agency board of contract appeals may be established within an executive agency when the agency head, after consultation with the Administrator, determines from a workload study that the volume of contract claims justifies the establishment of a full-time agency board of at least three members who shall have no other inconsistent duties. Workload studies will be updated at least once every three years and submitted to the Administrator. (2) The Board of Directors of the Tennessee Valley Authority may establish a board of contract appeals for the Authority of an indeterminate number of members. (b)(1) Except as provided in paragraph (2), the members of agency boards shall be selected and appointed to serve in the same manner as

Establishment, consultation, ^^ ^SC 607.

Membership,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1106

 92 STAT. 2386

5 USC 5332 note.

Appointment criteria and chairman. Compensation.

Appeals, arrangements.

Jurisdiction.

Appeal disposition acceleration.

PUBLIC LAW 95-563—NOV. 1, 1978 hearing examiners appointed pursuant to section 3105 of title 5 of the United States Code, with an additional requirement that such members shall have had not fewer than five years' experience in public contract law. Full-time members of agency boards serving as such on the effective date of this Act shall be considered qualified. The chairman and vice chairman of each board shall be designated by the agency head from members so appointed. The chairman of each agency board shall receive compensation at a rate equal to that paid a GS-18 under the General Schedule contained in section 5332, United States Code, the vice chairman shall receive compensation at a rate equal to that paid a GS-17 under such General Schedule, and all other members shall receive compensation at a rate equal to that paid a GS-16 under such General Schedule. Such positions shall be in addition to the number of positions which may be placed in GS-16, GS-17, and GS-18 of such General Schedule under existing law. (2) The Board of Directors of the Tennessee Valley Authority shall establish criteria for the appointment of members to its agency board of contract appeals established in subsection (a)(2), and shall designate a chairman of such board. The chairman of such board shall receive compensation at a rate equal to the daily rate paid a GS-18 under the General Schedule contained in section 5332, United States Code for each day he is engaged in the actual performance of his duties as a member of such board. All other members of such board shall receive compensation at a rate equal to the daily rate paid a GS-16 under such General Schedule for each day they are engaged in the actual performance of their duties as members of such board. (c) If the volume of contract claims is not sufficient to justify an agency board under subsection (a) or if he otherwise considers it appropriate, any agency head shall arrange for appeals from decisions by contracting officers of his agency to be decided by a board of contract appeals of another executive agency. In the event an agency head is unable to make such an arrangement with another agency, he shall submit the case to the Administrator for placement with an agency board. The provisions of this subsection shall not apply to the Tennessee Valley Authority. (d) Each agency board shall have jurisdiction to decide any appeal from a decision of a contracting officer (1) relative to a contract made by its agency, and (2) relative to a contract made by any other agency when such agency or the Administrator has designated the agency board to decide the appeal. In exercising this jurisdiction, the agency board is authorized to grant any relief that would be available to a litigant asserting a contract claim in the Court of Claims. (e) An agency board shall provide to the fullest extent practicable, informal, expeditious, and inexpensive resolution of disputes, and shall issue a decision in writing or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of the decision to the contractor and the contracting officer. (f) The rules of each agency board shall include a procedure for the accelerated disposition of any appeal from a decision of a contracting officer where the amount in dispute is $50,000 or less. The accelerated procedure shall be applicable at the sole election of only the contractor. Appeals under the accelerated procedure shall be resolved, whenever possible, within one hundred and eighty days from the date the contractor elects to utilize such procedure.

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