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Page:United States Statutes at Large Volume 90 Part 2.djvu/674

 9 0 STAT. 2142

Penalty.

Effective date. 20 USC 1071 note,

t

20 USC 1078a. Repeal. 83 Stat. 141. 20 USC 1078a note.

PUBLIC LAW 94-482—OCT. 12, 1976 qualifyin": an educational institution as an eli<»:ible institution under this part shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. " (c) Any person who knowingly and willfully makes any false statement to, furnishes any false information to, or conceals any material information in connection with the assignment of a loan, which is insured under this part, to another eligible lender, shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. " (d) Any person who knowingly and willfully makes an unlawful payment to an eligible lender as an inducement to make, or to acquire by assignment, a loan insured under this part shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. " (e) Any person who knowingly and willfully destroys any application for a loan which is insured under this part, any application for insurance of a loan under this part, or destroys or conceals any other record relating to the making or insuring of loans under this part with intent to defraud the United States or to prevent the United States from enforcing any right obtained by subrogation under this part, shall upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both.". (b) The amendment made by subsection (a) of this section of this Act shall become effective October 1, 1976, except as otherwise provided therein, and to the extent such amendment makes changes in such part B which affect student loans, such changes shall apply to outstanding loans as well as to loans made after the amendment becomes effective, except that — (1) the changes made in sections 4 2 5 (a), 4 2 7 (a)(1)(C), 427 (a)(2)(G) and 428(b)(1)(A), (B), and (P) shall become applicable with respect to loans to cover the costs of education for periods of enrollments beginning on or after October 1, 1976; (2) section 422(c) shall become effective October 1, 1977; (3) section 428(f) shall become effective October 1, 1976; (4) the changes made in section 428(a)(2) shall become applicable with respect to the determination of interest subsidies on loans to cover the costs of education for periods of enrollment beginning on or after 30 days after the date of enactment of this Act; (5) the new section 433 shall become effective with respect to loans made to cover the costs of education for periods of enrollment beginning on or after October 1, 1976; (6) the changes in section 428(c) with respect to the amount of Federal guarantee payments shall become effective with respect to payments to reimburse States and nonprofit private institutions and organizations with which the Commissioner has an agreement under section 428(c) of such part which are made on or after October 1, 1976; and (7) section 438, shall become effective with respect to fiscal quarters beginning after December 31, 1976. (c)(1). Section 2(a)(7) of the Emergency Insured Student Loan Act of 1969 is amended by striking out "October 1, 1976" and inserting in lieu thereof " January 1, 1977." (2) Effective October 1, 1977, the Emergency Insured Student Loan Act of 1969 is repealed.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/675

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2143

WORK-STUDY PROGRAM

SEC. 128. (a) Section 441(b) of the Act is amended— (1) by striking out the word "and" after "1974,", and (2) by inserting before the period a comma and the following: "$420,000,000 for the fiscal year ending June 30, 1976, and the transitional period beginning July 1, 1976, and ending September 30, 1976, $450,000,000 for the fiscal year ending September 30, 1977, $570,000,000 for the fiscal year ending September 30, 1978, $600,000,000 for the fiscal year ending September 30, 1979, $630,000,000 for the fiscal year ending September 30, 1980, $670,000,000 for the fiscal year ending September 30, 1981, and $720,000,000 for the fiscal year ending September 30, 1982. (b) Section 443(b) of the Act is amended by striking "461" and inserting in lieu thereof "491", and by inserting before the period at the end thereof the following: ", and includes a combination of such institutions which have entered into a cooperative arrangement, or have designated or created a public or private nonprofit agency, institution, or organization to act on their behalf.". (c)(1) Section 444(a)(1) of the Act is amended by striking out the word "public" the second time it appears and by inserting in lieu thereof "Federal, State, or local public agency", and by inserting "agency or" before the word "organization" the second time it appears in such section. (2) Section 444(a)(2) of the Act is amended to read as follows: "(2) provide that funds granted an institution of higher education, pursuant to section 443, may be used only to make payments to students participating in work-study programs, except that an institution may use a portion of the sums granted to it to meet administrative expenses in accordance with section 493 of this Act, may use a portion of the sums granted to it to meet the cost of a job location and development program in accordance with section 447 of this part, and may transfer funds in accordance with the provisions of section 496 of this Act;". (3) Section 444(a)(4) of the Act is amended to read as follows: "(4) provide that no student in a work-study program under this part shall be required to terminate that employment during a semester (or other regular enrollment period) at the time income derived from any additional employment together with such work-study income is in excess of the determination of the amount of such student's need for that semester under clause (3) of this subsection, but when such excess income equals $200 or more, continued employment under a work-study program shall not be subsidized with funds appropriated under this part;". (4) Section 444(a)(7) of the Act is amended to read as follows: "(7) include provisions to make employment under such workstudy program reasonably available (to the extent of available funds) to all eligible students in the institution in need thereof, and to make equivalent employment offered or arranged by the institution reasonably available (to the extent of available funds) to all students in the institution who desire such employment; and". (d) Section 447 of the Act is amended to read as follows:

42 USC 2751.

42 USC 2753.

42 USC 2754.

/n/ra-

i'i: H^i

'* '*"' 42 USC 2756a.

"JOB LOCATIOX AND DEVELOPMENT PROGRAMS

"SEC. 447. (a) The Commissioner is authorized to enter into agree- Agreements, ments with eligible institutions under which such institution may use

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 90 Part 2.djvu/676

 90 STAT. 2144 ,.

,.

PUBLIC LAW 94-482—OCT. 12, 1976 not more than 10 per centum or $15,000 of its allotment under section 446, whichever is less, to establish or expand a program under which such institution, separately, in combination with other eligible institutions, or through a contract with a nonprofit organization, locates and develops jobs for currently enrolled students which are suitable to the scheduling and other needs of such students. "(b) Agreements under subsection (a) shall— "(1) provide that the Federal share of the cost of any program under thig section will not exceed 80 per centum of such cost; "(2) provide satisfactory assurance that funds available under this section will not be used to locate or develop jobs at an eligible institution; "(3) provide satisfactory assurance that the institution will continue to spend in its own job location and development programs, from sources other than funds received under this section, not less than the average expenditures per year made during the most recent three fiscal years preceding the effective date of the agreement; "(4) provide satisfactory assurance that funds available under this section will not be used for the location or development of jobs for students to obtain upon graduation, but rather for the location and development of jobs available to students during and between periods of attendance at such institution; " (5) provide satisfactory assurance that the location or development of jobs pursuant to programs assisted under this section will not result in the displacement of employed workers or impair existing contracts for services; "(6) provide satisfactory assurance that Federal funds used for the purposes of this section can realistically be expected to help generate student wages exceeding in the aggregate the amount of such funds and that if such funds are used to contract with another organization, appropriate performance standards are part of such contract; and "(7) provide that the institution will submit to the Commissioner an annual report on the uses made of funds provided under this section and an evaluation of the effectiveness of such program in benefiting the students of such institution.". COOPERATIVE EDUCATION

20 USC 1087a-1087c.

SEC. 129. (a) Title IV of the Act is further amended by striking out part D and any references thereto. (b) Title VIII of the Act is amended to read as follows: "TITLE VIII—COOPERATIVE EDUCATION "APPROPRIATIONS AUTHORIZED

20 USC 1133.

"SEC. 801. (a) There are authorized to be appropriated— "(1) for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, $13,000,000; " (2) for the fiscal year 1977, $15,000,000; " (3) for the fiscal year 1978, $20,000,000; " (4) for the fiscal year 1979, $25,000,000; and " (5) for each of the fiscal years 1980, 1981, and 1982, $25,000,000,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/677

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2145

to enable the Commissioner to make grants pursuant to section 802 to institutions of higher education, or to combinations of such institutions, for the planning, establishment, expansion, or carrying out by such institutions or combinations of programs of cooperative education. Such programs shall provide alternating periods of academic study and of public or private employment, the latter affording students not only the opportunity to earn the funds necessary for continuing and completing their education but, so far as practicable, giving them work experience related to their academic or occupational objectives. "(b) There are further authorized to be appropriated— (1) $1,000,000 for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976; " (2) $1,500,000 for the fiscal year 1977; " (3) $2,500,000 for the fiscal year 1978; and " (4) $3,000,000 for each of the fiscal years 1978, 1979, 1980, 1981, and 1982, to enable the Commissioner to make training, demonstration, or research grants or contracts pursuant to section 803. "(c) Appropriations under this title shall not be available for the payment of compensation of students for employment by employers under arrangements pursuant to this part. a GRANTS FOR PROGRAMS OF COOPERATIVE EDUCATION

"SEC. 802. (a) From the sums appropriated pursuant to subsec- 20 USC 1133a. tion (a) of section 801, and for the purposes set forth therein, the Commissioner is authorized to make grants to institutions of higher education that have applied therefor in accordance with subsection (b) of this section, in amounts not in excess of $175,000 to any one such institution for any fiscal year, and to combinations of such institutions (that have so applied) in amounts not to exceed an amount equal to the product of $125,000 times the number of institutions participating in such combination, for any fiscal year. "(b) Each application for a grant authorized by subsection (a) of Application, this section shall be filed with the Commissioner at such time or times as he may prescribe and shall— "(1) set forth programs or activities for which a grant is authorized under this section; "(2) specify the portion or portions of such programs or activities which will be performed by a nonprofit organization or institution other than the applicant and the compensation to be paid for such performance; "(3) provide that the applicant will expend during such fiscal year for the purpose of such program or activity not less than was expended for such purpose during the previous fiscal year; "(4) provide that the applicant shall make such reports and keep such records as are essential to insure that the applicant's (! «e' programs or activities are conducted in accordance with the provisions of this part; "(5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the applicant under this part; and < - • "(6) include such other information as is essential to carry out the provisions of this part. "(c) No institution of higher education may receive, individually or as a participant in a combination of such institutions, grants under

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Page:Congressional Government.djvu/303

 have ordinarily as much as they can do in keeping afoot the usual routine business of their departments; but Congress is continually calling upon them for information which must be laboriously collected from all sorts of sources, remote and accessible. A great speech in the Senate may cost them hours of anxious toil: for the Senator who makes it is quite likely beforehand to introduce a resolution calling upon one of the Secretaries for full statistics with reference to this, that, or the other topic upon which he desires to speak. If it be finance, he must have comparative tables of taxation; if it be commerce or the tariff, he cannot dispense with any of the minutest figures of the Treasury accounts; whatever be his theme, he cannot lay his foundations more surely than upon official information, and the Senate is usually unhesitatingly ready with an easy assent to the resolution which puts the whole clerical force of the administration at his service. And of course the House too asks innumerable questions, which patient clerks and protesting Secretaries must answer to the last and most minute particular. This is what the departmental officials testily call the tyranny of Congress, and no impartial third person can reasonably forbid them the use of the word.

I know of few things harder to state clearly and within reasonable compass than just how the

title: Page:Congressional Government.djvu/303


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Page:United States Statutes at Large Volume 90 Part 2.djvu/678

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2146

.BI'CI i.-!jr

this section for more than five fiscal years. No such institution or combination thereof may receive— "(1) a grant in excess of 100 per centum of the total administrative cost for the first of such fiscal years; " (2) a grant in excess of 90 per centum of such cost for the second of such years; "(3) a grant in excess of 80 per centum of such cost for the third of such years; '' " (4) a grant in excess of 60 per centum of such cost for the fourth of such years; or "(5) a grant in excess of 30 per centum of such cost for the fifth of such years. Any provision of law to the contrary notwithstanding, the Commissioner shall not waive the provisions of this subsection. "(d) In approving applications under this section, the Commissioner shall give special consideration to applications from institutions of higher education for programs which show the greatest promise of success because of— "(1) the extent to which programs in the academic discipline with respect to which the application is made have had a favorable reception by employers, "(2) the commitment of the institution of higher education to cooperative education as demonstrated by the plans which such institution has made to continue the program after the termination of Federal financial assistance, and "(3) such other factors as are consistent with the purposes of this section. ii^

GRANTS AND CONTRACTS FOR TRAINING AND RESEARCH

20 USC 1133b.

'

" S E C 803. From the sums appropriated pursuant to subsection (b) of section 801, the Commissioner is authorized, for the training of persons in the planning, establishment, administration, or coordination of programs of cooperative education, for projects demonstrating or exploring the feasibility or value of innovative methods of cooperative education, or for research into methods of improving, developing, or promoting the use of cooperative education programs in institutions of higher education, to— "(1) make grants to or contracts with institutions of higher education, or combinations of such institutions, and "(2) make grants to or contracts with other public or private nonprofit agencies or organizations, when such grants or contracts will make an especially significant contribution to attaining the objectives of this section.". DIRECT LOAN PROGRAM

20 USC 1087aa.

20 USC 1087cc.

SEC. 130. (a) Section 461(b) of the Act is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979". (b) Section 461(b)(2) of the Act is amended by striking out "June 30, 1976" and inserting in lieu thereof "September 30, 1979", and by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979". (c) Section 463(a) of the Act is amended by redesignating clauses (4) and (5) as clauses (5) and (6), respectively, and inserting immediately after paragraph (3) the following new clause: " (4) provide that where a note or written agreement evidencing a note has been in default for (A) one hundred and twenty days,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/679

 PUBLIC LAW 94-4«2—OCT. 12, 1976 -i in the case of a loan which is repayable in monthly installments, or (B) one hundred and eighty days, in the case of a loan which is repayable in less frequent installments, notice of such default shall be given to the Commissioner in a report describing the total number of loans from such fund which are in such default, and made to the Commissioner at least semiannually;". (d) Section 464(b) of the Act is amended by striking ", upon notice to the Commissioner,". (e) Section 464(c)(1)(A) of the Act is amended by inserting immediately before the semicolon at the end thereof the following: ", except that such period may begin earlier than nine months after such date upon the request of the borrower". (f) Section 464(c)(1)(C) of the Act is amended to read as follows: "(C) may provide, at the option of the institution in accordance with regulations of the Commissioner, that during the repayment period of the loan, payments of principal and interest by the borrower with respect to all outstanding loans made to him from a student loan fund assisted under this part shall be at a rate equal to not less than $30 per month, except that the institution may, subject to such regulations, permit a borrower to pay less than $30 per month for a period of not more than one year where necessary to avoid hardship to the borrower, but without extending the ten-year maximum repayment period provided for in clause (A) of this paragraph;" (g)(1) Section 464(c)(1) of the Act is amended by redesignating clauses (F) and (G) as (G) and (H), respectively, and by inserting after clause (E) the following new clause: " (F) shall provide that the liability to repay the loan shall be canceled upon the death of the borrower, or if he becomes permanently and totally disabled as determined in accordance with regulations of the Commissioner;". (2) The amendments made by this subsection shall take effect on June 23, 1972. (h)(1) Section 466 of the Act is amended by striking out "June 30, 1980" wherever it appears and inserting in lieu thereof "September 30, 1984". (2) Section 466 of the Act is further amended by striking out "December 31, 1980" wherever it appears and inserting in lieu thereof "March 31, 1985". (3) Section 466(b) of the Act is amended by striking out "June 30, 1974" and inserting in lieu thereof "September 30, 1978". (4) Section 466(c) of the Act is amended by striking out "July 1, 1980" and inserting in lieu thereof "October 1, 1984". STUDENT CONSUMER

90 STAT. 2147

20 USC 1087dd. >

Effective date. 20 USC 1087dd note. 20 USC 1087ff.

INFORMATION

SEC. 131. (a) Section 493 of the Act is amended— 20 USC 1088b. (1) by striking out "3 per centum" in subsection (a) and inserting in lieu thereof "4 per centum"; (2) by inserting " (1) " following "1958," and by inserting before the period a comma and the following: "and (2) shall be used by such institution to carry out the provisions of section 493AofthisAct"; (3) by striking "$125,000" in subsection (b) and inserting in lieu thereof, "$325,000"; and (4) by adding at the end of said section, the following new subsection: "(c) Payment received by an institution under this section shall be used first to carry out the provisions of section 493A of this Act and Post, p. 2148.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/680

 90 STAT. 2148

PUBLIC LAW 94-482—OCT. 12, 1976 then for such additional administrative costs as the institution of higher education determines necessary.". (b) Subpart 1 of part F of title IV of the Act is further amended by inserting immediately after section 493 the following new sections: "INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS

20 USC 1088b-l. 20 USC 1070a. Ante, p. 2108. 20 USC 1088b.

"Prospective student."

"SEC. 493A. (a)(1) Effective July 1, 1977, each institution of higher education and each eligible institution which receives payments under sections 411(d), 428(e) or 493 of this title, as the case may be, shall carry out information dissemination activities to prospective students and to enrolled students who request information regarding financial assistance under this title. The information required by this section shall be produced and be made readily available, through appropriate publications and mailings, to all current students and to any prospective student upon request. The information required by this section shall accurately describe— "(A) the student financial assistance programs available to students who enroll at such institution, "(B) the method by which such assistance is distributed among student recipients who enroll at such institution, "(C) any means, including forms, by which application for student financial assistance is made and requirements for accurately preparing such applications and the review standards employed to make awards for student financial assistance, "(D) the rights and responsibilities of students receiving financial assistance under this title, " (E) the cost of attending the institution, including (i) tuition and fees, (ii) books and supplies, (iii) estimates of typical student room and board costs or typical community costs, and (iv) any additional cost of the program in which the student is enrolled or expresses a specific interest, " (F) the refund policy of the institution for the return of unearned tuition and fees or other refundable portion of cost, as described in clause (E) of this subsection, "(G) the academic program of the institution, including (i) the current degree programs and other educational and training programs, (ii) the instructional, laboratory, and other physical plant facilities which relate to the academic program, (iii) the faculty and other instructional personnel, and (iv) data regarding student retention at the institution and, when available, the number and percentage of students completing the programs in which the student is enrolled or expresses interest, and " (H) each person designated under subsection (b) of this section, and the methods by which and locations in which any person so designated may be contacted by students and prospective students who are seeking information required by this subsection. "(2) For purposes of this section, the term 'prospective student' means any individual who has contacted an institution of higher education or an eligible institution requesting information for the purpose of enrolling in that institution. "(b) Effective July 1, 1977, each institution of higher education or eligible institution, as the case may be, which receives payments authorized, under section 411(d), 428(e), or section 493 of this title shall designate an employee or group of employees who shall be available on a full-time basis to assist students or potential students in obtaining information as specified in the preceding subsection. The Commissioner may, by regulation, waive the requirement that an

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Page:United States Statutes at Large Volume 90 Part 2.djvu/681

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2149

employee or employees be available on a full-time basis for carrying out responsibilities required under this section whenever an institution of higher education or eligible institution, as the case may be, in which the total enrollment, or the portion of the enrollment participating in programs under this title at that institution, is too small to necessitate such employee or employees being available on a full-time basis. No such waiver may include permission to exempt any such institution from designating a specific individual or a group of individuals to carry out the provisions of this section. " (c) W i t h i n 120 days after the date of enactment of the Education Amendments of 1976, the Commissioner shall begin to make available Ante, p. 2081. to institutions of higher education and eligible institutions descriptions of Federal student assistance programs including the rights and responsibilities of student and institutional participants, in order to (1) assist students in gaining information through institutional sources, and (2) assist institutions in carrying out the provisions of this section, so that individual and institutional participants will be fully aware of their rights and responsibilities under such programs. "' u.STUDEXT AID INFORMATION SERVICES

" SEC. 493B. I n order to assist in the expansion and improvement of campus student aid information services, the Commissioner shall— " (1) survey institutional practices of providing students with complete and accurate information about student financial aid, including the employment of part-time financial aid counselors under work-study programs, h i r i n g other part-time persons from the community, using campus or community volunteers, and communicating through use of publications or technology; collect institutional evaluations of such practices; and disseminate the information described in this clause; " (2) convene meetings of financial aid administrators, students, and other a p p r o p r i a t e representatives to explore means of expanding campus financial aid information services and improving the t r a i n i n g of part-time individuals involved in such services; " (3) whenever possible, include student peer counselors and other part-time financial aid personnel in training programs sponsored by the Office of Education; and " (4) make recommendations to Congress not later than October 1, 1977, concerning his findings and legislative proposals for improving the use and quality of services of part-time campus financial aid personnel.

20 USC 1088b-2.

Recommendations to Congress.

" S T U D E N T F I N A N C I A L ASSISTANCE TRAINING PROGRAM

" SEC. 493C. (a) I t is the purpose of this section to make incentive grants available to the States to be administered, in consultation with statewide financial aid administrator organizations, for the purpose of designing and developing programs to increase the proficiency of institutional and State financial aid administrators in all aspects of student financial aid. " (b) There are hereby authorized to be appropriated $280,000 for each year ending prior to October 1, 1978, for equal division among the States. " (c) To receive a g r a n t under this section a State must provide appropriate assurance to the Commissioner that the g r a n t will be matched from State funds by an amount a t least equal to the amount of the grant.

Grants. 20 USC 1088b-3.

Appropriation authorization.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/682

 90 STAT. 2150 20 USC 1070b, 1087a, 1088.

Application.

PUBLIC LAW 94-482—OCT. 12, 1976 "(d) From the funds otherwise allotted to the States for subpart 2 of part A, and for part C and part E of this title for States which have obtained a grant under this section, the Commissioner shall transfer to such State an amount equal to.05 per centum of such funds or $10,000, whichever is less, and shall reduce such State allotment by that amount. "(e) A State which desires to obtain a grant under this section for any fiscal year shall submit an application therefor through or by the State agency administering its program of student grants, or if such agency does not exist, through or by any agency or organization designated for such purpose by the State, at such time or times, and containing such information as may be required by such regulations as the Commissioner may prescribe for the purpose of enabling the Commissioner to disburse the funds.". ELIGIBILITY FOR STUDENT ASSISTANCE

20 USC 1088f.

SEC. 132. Section 497 of the Act is amended by adding at the end thereof the following new subsection: "(e) Any student assistance received by a student under this title shall entitle the student receiving it to payments only if— "(1) that student is maintaining satisfactory progress in the course of study he is pursuing, according to the standards and practices of the institution at which the student is in attendance, and "(2) that student does not owe a refund on grants previously received at such institution under this title, or is not in default on any loan from a student loan fund at such institution provided for in part E, or a loan made, insured, or guaranteed by the Commissioner under this title for attendance at such institution.". FISCAL RESPONSIBILITY

SEC. 133. (a) Title IV of the Act is further amended by adding after section 497 the following new sections: "FISCAL ELIGIBILITY OF INSTITUTIONS

Regulations. "SEC. 497A. (a) Notwithstanding any other provisions of this title, 20 USC 1088f-l. or of section 434(c) of the General Education Provisions Act, the Ante, p. 2129. Commissioner is authorized to prescribe such regulations as may be necessary to provide for— "(1) a fiscal audit of an eligible institution with regard to any funds obtained by it under this title or obtained from a student who has a loan insured or guaranteed by the Commissioner under this title; "(2) the establishment of reasonable standards of financial responsibility and appropriate institutional capability for the administration by an eligible institution of a program of student financial aid under this title; "(3) the establishment by each eligible institution under part B responsible for furnishing to the lender the statement required Ante, p. 2108. by section 428(a)(2)(A)(i), o f policies and procedures by which the latest known address and enrollment status of any student who has had a loan insured under this part and who has either formally terminated his enrollment, or failed to re-enroll on at least a half-time basis, at such institution, shall be furnished either to the holder (or if unknown, the insurer) of the note, not later than sixty days after such termination or failure to re-enroll; and

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 PUBLIC LAW 94-482—OCT. 12, 1976 " (4) the limitation, suspension or termination of the eligibility for any program under this title of any otherwise eligible institution, whenever the Commissioner has determined, after reasonable notice and opportunity for hearing on the record, that such institution has violated or failed to carry out any provision of this title or any regulation prescribed under this title, except that no period of suspension under this section shall exceed sixty days unless the institution and the Commissioner agree to an extension or unless limitation or termination proceedings are initiated by the Commissioner within that period of time. "(b) The Commissioner shall, for the purpose of carrying out the provisions of this section with respect to subpart 1 of part A of this title, enter into special arrangements with institutions of higher education at which students receiving basic grants under that subpart are enrolled. The Commissioner shall include special provisions designed to carry out the provisions of this section in agreements with institutions of higher education under section 413C, in agreements with eligible institutions under section 443, and in agreements with institutions of higher education under section 463. "(c) Upon determination that an eligible institution has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, or the employability of its graduates, the Commissioner may suspend or terminate the eligibility status for any or all programs under this title of any otherwise eligible institution, in accordance with procedures specified in paragraph (a)(3), until he finds that such practices have been corrected. "(d) The Commissioner shall publish a list of State agencies which he determines to be reliable authority as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for all Federal student assistance programs. "(e) For the purpose of this section the term 'eligible institution' means any such institution described in section 435(a) of this Act.", (b)(1) Any regulations for the carrying out of section 438, as in effect on the date immediately prior to the effective date of this subsection shall be deemed to remain in force until amended or superseded by new regulations of the Commissioner. (2) Within 120 days of the effective date of this subsection, the Commissioner is directed to issue a comprehensive revision of the regulations heretofore prescribed for the carrying out of section 438, for the purpose of modifying such regulations, to the extent possible, to make them applicable to all programs under title IV of the Act.

90 STAT. 2151

20 USC 107a.

20 USC , j 1070b-l. 42 USC 2753. 20 USC 1087CC.

"Eligible institution." Ante, p. 2130. Ante, p. 2133. 20 USC 1087-1 note.

20 USC 1061.

PART E.—EDUCATION PROFESSIONS DEVELOPMENT REVISION o r TITLE V

SEC. 151. (a)(1) The heading of title V of the Act is amended to read as follows: "TITLE V—TEACHER CORPS AND TEACHER TRAINING PROGRAMS". (2) Part A of such title is repealed. (3) Title V of the Act is amended— (A) by striking out

Repeal.

20 USC 1091-1092.

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 PUBLIC LAW 94-4fi2—OCT. 12, 1976

90 STAT. 2152

"PART B—ATTRACTING AND QUALIFYING TEACHERS",

and

' (B) by striking out "Subpart 1—Teachers Corps".

Repeal.

20 USC 1108-1110c, 1111-1117, 1119-1119b-l.

(4)(A) Subpart 2 of part B, and parts C, D, and E of such title are repealed. (B) Part F of title V of the Act is amended by adding at the end thereof a new section: uAUTHORIZATION OF APPROPRIATIONS

20 USC 1119C-4. Repeal.

20 USC 1119c-1119c-4. Infra. 20 USC 1102. 20 USC 1103. Effective date. 20 USC 1101 note.

"SEC. 555. There are authorized to be appropriated for the purposes of carrying out this part $25,000,000 for each of the fiscal years ending prior to October 1, 1977.". (C) Effective September 30, 1977, part F of such title is repealed. (5)(A) Section 511(a) of the Act (as amended by section 152(a) (1)) is amended by striking out "subpart" and inserting in lieu thereof "part". (B) Section 512 of the Act is amended by striking out "subpart" and inserting in lieu thereof "part". (C) Section 513 of the Act is amended by striking out "subpart" and inserting in lieu thereof "part". (b) The amendments made by subsection (a) (except the amendment made by paragraph 4(C) thereof) shall take effect on September 30, 1976. TEACHER CORPS

20 USC 1101. Appropriation authorization.

20 USC 1103.

SEC. 152. (a)(1) Section 511 of the Act is amended by inserting " (a) " after the section designation and by adding at the end thereof the following: "(b) For the purpose of carrying out the provisions of this part there are authorized to be appropriated $50,000,000 for the fiscal year 1977, $75,000,000 for the fiscal year 1978, and $100,000,000 for the fiscal year 1979.". (2) Section 511(a) of the Act (as redesignated by paragraph (1) of this subsection) is further amended by striking out the words "and teacher aides" both places they appear and inserting in lieu thereof a comma and the following: "teacher aides, and other educational personnel". (b) Section 513(a) of the Act is amended— (1) by striking out "two" the first time it appears in paragraph (1), and inserting in lieu thereof "five" and by inserting after "teacher aides" the following: "and other educational personnel"; (2) by striking out in paragraph (3) "teaching teams, each of which shall consist of an experienced teacher and a number of teacher-interns who, in addition to teaching duties, shall be afforded time by the local educational agency for a teacher-intern training program carried out under the guidance of an experienced teacher" and inserting in lieu thereof "Teacher Corps programs each of which shall include teacher-intern teams led by experienced teachers, and may include additional experienced teachers, teacher aides, and other educational personnel, who may be afforded time by the local educational agency for a training program carried out"; and

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2153

(3) by amending paragraph (7) to read as follows: "(7)(A) make available technical assistance to State and local educational agencies and institutions of higher education for carrying out arrangements entered into under this title; and "(B) provide planning, technical assistance, monitoring, documenting, disseminating, and evaluation services for arrangements made under this title;". (c) Section 513(b) of the Act is amende^ by striking out "for 20 USC 1103. teacher-interns while teaching" and inserting in lieu thereof "for Teacher Corps members while serving". (d) Section 513 of the Act is further amended by adding at the end thereof the following new subsections: "(e)(1) No arrangement may be entered into under the provisions of paragraph (1), (2), (3), (5), or (6) of subsection (a) of this section unless that arrangement is prepared with the participation of an elected council which shall be representative of the community in which the project subject to that arrangement is located and of the parents of the students of the elementary or secondary schools, or both, to be served by any such project. "(2) Each council selected pursuant to this subsection shall partici,^, ^^;pate with the local educational agency or institution of higher educa'. tion, or both, in the planning, carrying out, and evaluation of projects subject to arrangements under paragraphs (1), (2), (3), (5), and (6) of subsection (a) of this section. "(3) The Commissioner is authorized in each fiscal year to arrange for the payment of necessary secretarial and administration expenses of each council elected pursuant to the provisions of this subsection for the purposes of carrying out its functions under this subsection. "(f) The Commissioner shall establish procedures seeking, with respect to the Teacher Corps members enrolled after the date of enactment of the Education Amendments of 1976, goal of having approxi- Ante, p. 2081. mately five individuals who are at the time of enrollment, or who previously have been, employed as teachers by local educational agencies to one individual who has not been so employed. The Commissioner may waive the procedure established under this subsection if he makes a determination that there are insufficient qualified applicants to maintain the goal sought by this subsection, or that there are insufficient employment opportunities for individuals who are not so employed, and submits a report to the Congress of such a determination. "(g) Notwithstanding any other provision of law, the Commissioner shall develop and establish specific criteria for entering into arrangements under this part in order to assist applicants for assistance under this part to develop proposals to be submitted. Criteria established under this subsection shall be used by the Commissioner in selecting proposals under this title.". (e) Section 514 of the Act is amended by adding at the end thereof 20 USC 1104. the following new subsection: "(f) The Commissioner is authorized to compensate local educational agencies for released time for educational personnel of the agency who are being trained in Teacher Corps projects assisted under this title.". TEACHER TRAINING PROGRAMS

SEC. 153. (a) Title V of the Act is further amended by inserting immediately before the heading of section 511 the following:

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 90 STAT. 2154

PUBLIC LAW 94-482—OCT. 12, 1976 "PART A—TEACHER CORPS PROGRAM"

and by adding at the end thereof the following new part: "PART B—TEACHER TRAINING PROGRAMS "AUTHORIZATION OF APPROPRIATIONS

20 USC 1119.

"SEC. 531. There are authorized to be appropriated $75,000,000 for the fiscal year 1977 and for each of the fiscal years ending prior to October 1, 1979, to carry out the provisions of this part. Of the sums so appropriated for any fiscal year not less than 10 per centum shall be available for each of the programs authorized by sections 532 and 533. "TEACHER CENTERS

Grants. 20 USC 1119a.

"Teacher center."

' -'-'*'

Application.

"SEC. 532. (a)(1) The Commissioner is authorized to make grants to local educational agencies in accordance with the provisions of this section to assist such agencies in planning, establishing, and operating teacher centers. "(2) For the purpose of this section, the term 'teacher center' means any site operated by a local educational agency (or a combination of such agencies) which serves teachers, from public and nonpublic schools of a State, or an area or community within a State, in which teachers, with the assistance of such consultants and experts as may be necessary, may— "(A) develop and produce curricula designed to meet the educational needs of the persons in the community, area, or State being served, including the use of educational research findings or new or improved methods, practices, and techniques in the development of such curricula; and "(B) provide training to improve the skills of teachers to enable such teachers to meet better the special educational needs of persons such teachers serve, and to familiarize such teachers with developments in curriculum development and educational research, including the manner in which the research can be used to improve their teaching skills. "(b) Each teacher center shall be operated under the supervision of a teacher center policy board, the majority of which is representative of elementary and secondary classroom teachers to be served by such center fairly reflecting the make-up of all schoolteachers, including special education and vocational education teachers. Such board shall also include individuals representative of, or designated by, the school board of the local educational agency served by such center, and at least one representative designated by the institutions of higher education (with departments or schools of education) located in the area. "(c)(1) Any local educational agency desiring to receive a grant under this section shall make application therefor at such time, in such manner, and containing or accompanied by such information, as the Commissioner may by regulation require. Each application shall be submitted through the State educational agency of the State in which the applicant is located. Each such State agency shall review the application, make comments thereon, and recommend each application the State agency finds should be approved. Only applications so recommended shall be transmitted to the Commissioner for his approval.

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 PUBLIC LAW 94-4«2—OCT. 12, 1976

90 STAT. 2155

"(2) Any local educational agency 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 State educational agency. "(d) In approving any application under this section, the Commissioner shall insure that there is adequate provision for the furnishing of technical assistance to, and dissemination of information derived from, the proposed teacher center by the appropriate State educational agency. Such State agency shall be adequately compensated by the Commissioner for such review of applications, recommendations, submissions, technical assistance, and dissemination services. "(e) Any local educational agency having an application approved under this section may contract with an institution of higher education to carry out activities under, or provide technical assistance in connection with, such application. "(f) Notwithstanding the provisions of subsection (a)(1) of this section with respect to the requirement that teacher centers be operated by local educational agencies, 10 per centum of the funds expended under this section may be expended directly by the Commissioner to make grants to institutions of higher education to operate teacher centers, subject to the other provisions of this section. "TRAINING FOR HIGHER EDUCATION PERSONNEL

"SEC. 533. (a) The Commissioner is authorized to make grants to Grants. institutions of higher education to assist such institutions in the 20 USC 1119a-l. training of individuals— "(1) preparing to serve as teachers, including guidance and counseling personnel, administrative personnel, or education specialists in institutions of higher education if such individuals are (A) from cultural or educational backgrounds which have 'J^u -^}S. hindered such individuals in achieving success in the field of education, or (B) preparing to serve in educational programs designed to meet the special needs of students from such back:m'j fM grounds; or "(2) serving as teachers, including guidance and counseling personnel, administrative personnel, or education specialists in institutions of higher education, if such individuals are to be trained to meet changing personnel needs, such as in areas determined to be national priority areas pursuant to section 532 of this title. "(b) Grants made under this section may be used only to assist in paying the cost of courses of training or study, including short term or regular institutes, symposia or other inservice training, for teachers, including guidance and counseling personnel, administrative personnel, or educational specialists in institutions of higher education.". /

PART F—FINANCIAL ASSISTANCE FOR THE IMPROVEMENT OF UNDERGRADUATE INSTRUCTION EXTENSION OF AUTHORIZATION

SEC. 156. (a) Section 601(b) of the Act is amended by striking out 20 USC 1121. that part of the text thereof which precedes "to enable" and inserting in lieu thereof the following: "There are authorized to be appropriated $60,000,000 for each of the fiscal years ending prior to October 1, 1979,".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/688

 9 0 STAT. 2 1 5 6 20 USC 1121.

PUBLIC LAW 94-482—OCT. 12, 1976 (b) Section 601(c) of the Act is amended by striking out that part of the text thereof which precedes "to enable"' and inserting in lieu thereof the following: "There are authorized to be appropriated $10,000,000 for each of the fiscal years ending prior to October 1, 1979,". REVISION OF MAIXTEXAXCE OF EFFORT

20 USC 1124.

Grants.

SEC. 157. (a) Section 604(b) of the Act is amended by striking out all after the first sentence of such section and inserting in lieu thereof the following: " The Commissioner shall establish basic criteria for making determinations under this subsection.". (b) Section 604 of the Act is amended by a d d i n g at the end thereof the following new subsection: "(c) A n institution of higher education shall be eligible for a g r a n t for a project pursuant to this part in any fiscal year only if such institution has expended from current funds available for that year for instructional and library purposes, other than personnel costs, during the preceding fiscal year an amount not less than the amount expended, per equivalent full-time student or in the aggregate, whichever is less, by such institution from current funds for such purposes during the second preceding fiscal year. A combination of institutions of higher education shall be eligible for such a grant in accordance with regulations of the Commissioner prescribing requirements for maintenance of effort. The Commissioner shall establish basic criteria for making determinations under this subsection, and may waive so much of the requirement of this subsection as he determines is equitable in accordance with objective criteria of general applicability.". PxVRT G

COXSTRUCTION OF ACADEMlC F A C I L I T I E S EXTEXSIOX OF PROGRAM

20 USC 1132a. 20 USC 1132b. 20 USC 1132c. 20 USC 1132C-4. 20 USeil32d-l.

SEC. 161. (a) Section 701(b) is amended by striking out " June 30, 1974, and June 30, 1975" and inserting in lieu thereof "prior to October 1, 1979". (b) Section 721(b) is amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1979". (c) Section 741(b) is amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1979". (d)" Section 745(c)(2) is amended by striking out " July 1 of each of the four succeeding years" and inserting in lieu thereof, " the first d a y of each fiscal year during the period ending September 30, 1979". (e) Section 762(a) is amended by striking out " July 1, 1975" and inserting in lieu thereof "October 1, 1979". REVISION OF PROGRAM

SEC. 162. (a) Title VII of the Act is amended— (1) by inserting ". R E C O N S T K U C T I O N A X D E E X O V A T I O N " immediately after " C O X S T R U C T I O X " in the heading of such title; (2) by inserting ", RECOX^STRUCTIOX, AND EENOVATION" imme-

20 USC 1132a, 1132b, 1132c.

diately after "CONSTRUCTION" each place it appears in the headings of Part s A, B and C of such title; (3) by inserting ", reconstruction, or renovation" immediately after "construction" each place it appears in sections 701(a),

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 PUBLIC LAW 94-482—OCT. 12, 1976 7 0 2 (c)(1), 7 0 3 (c)(l), T 0 4 (a)(2)(A), 7 0 5 (a), 7 0 5 (b), 7 0 6 (a)(1), 707(a)(2), 707(c)(1), 741(a)(2), 742(a)(3), 7 4 5 (a), 745(e)(3), 746(a)(1), 7 8 1 (a), 7 8 1 (b), 782(3), and 7 8 2 (5); (4) by inserting "reconstructed or renovated" after "constructed," in section 7 0 5 (b), section 781, and section 7 8 2 (1); (5) by striking out "construction" in section 707(a)(2)(F) and inserting in lieu thereof, "project"; and (6) by inserting "reconstruct or renovate" after the word "construct" in section 7 4 2 (a)(4). (b) Section 701(c) of the Act is amended by inserting "an appropriate amount, but in no case less than " immediately before "24 per centum". (c) Section 704(b) of the Act is amended to read as follows: " (b) The Commissioner shall not disapprove any State plan submitted under this section unless he determines after reasonable notice and opportunity for hearing and comment, that the plan is inconsistent with a specific provision of this section or other relevant sections of this title." (d) Section 705(a) of the Act is amended by striking out "on the campus of such institution". (e) Section 721(a) of the Act is amended by inserting " (1) " immediately after " (a) " and by adding at the end thereof the following new paragraph: " (2) The Commissioner is authorized to make grants to or enter into contracts with institutions of higher education for the construction of facilities for model intercultural programs designed to integrate the educational requirements of substantive knowledge and language proficiency.". (f) Section 743(b)(5) of the Act is amended by inserting before the semicolon the following: "including (A) the g r a n t i n g of a temporary moratorium on the repayment of principal or interest or both to any institution of higher education or higher education building agency the Commissioner finds to be temporarily unable to make such repayment without undue financial hardship, if such institution or agency presents, and the Commissioner approves, a specific plan to make such repayment including a schedule for such repayment, and (B) the g r a n t i n g to any such institution or agency for which he has authorized a loan under this part prior to January 1, 1976, of the option to pay into the fund established under section 744 an amount equal to 75 per centum of the total current obligation of the institution or agency under this part, in full accord and satisfaction of such total current obligation, if such institution or agency desiring to exercise such an option makes payment from non-Federal sources prior to October 1, 1979.". (g)(1) Section 745(b) of the Act is amended by striking out "section 7 4 4 (b)(2) " and inserting in lieu thereof "section 7 4 2 (b) ". (2) Section 745(c)(2) of the Act is amended by striking out "four" and inserting in lieu thereof "six", and by inserting before the period at the end thereof a comma and the following: "and October 1, 1977 and on October 1 of each of the succeeding fiscal years". (h) Section 762(a) of the Act is amended by striking out "Office of Emergency P l a n n i n g " and inserting in lieu thereof "Office of Emergency Preparedness". (i) Title VII of the Act is further amended by redesignating Part E and all references thereto as Part F and by inserting immediately after Part D the following new part:

90 STAT. 2157

20 USC 1132a1132a-6, 1132c, 1132C-1, 1132c4, 11320-5, 1132e, 1132e-l. 20 USC 1132a-4, 1132e, 1132e-l. 20 USC 1132a-6. 20 USC 11320-1. 20 USC 1132a. 20 USC 1132a~3.

20USeil32a-4. 20 USC 1132b. Grants and contracts.

20USeil32c-2.

20 USC 11320-3.

20 USC 11320-4.

20 USC 1132d-l.

20 USC 1132e.

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 9 0 STAT. 2158

PUBLIC LAW 94-482—OCT. 12, 1976 " P A R T E — R E C O X S T R U O T I O N AND RENOVATION

Grants. 20 USC 1132d-ll. 20 USC 1132a. 20 USC 1132b. 20 USC 1132c. 20USeil32c-3.

42 USC 4151.

20 USC 1132e-l.

Definitions.

" SEC. 771. (a) The Commissioner is authorized to make g r a n t s from funds appropriated under section 7 0 1 (b), grants from funds appropriated under section 7 2 1 (b), loans from funds appropriated under section 7 4 1 (b), or loans, to the extent provided in advance by appropriations Acts, from any unused amounts in the fund established under section 744, notwithstanding any prior restrictions on the use of such unused amounts, to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities if the p r i m a r y purpose of such reconstruction or renovation is— " (1) to enable such institutions to economize on the use of energy resources, or " (2) to enable such institutions to b r i n g their academic facilities into conformity with the requirements of— " (A) the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, or " (B) environmental protection or health and safety programs mandated by Federal, State or local law, if such requirements were not in effect at the time such facilities were constructed. " (b)(1) I n determining whether the primary purpose of a proposed reconstruction or renovation is to conserve energy, the Commissioner shall consult with other Federal agencies which have specific expertise in energy conservation. " (2) I n determining whether the p r i m a r y purpose of a proj)Osed reconstruction or renovation is to enable such facility to meet environmental protection standards or health or safety requirements imposed under law, the Commissioner shall consult with the a p p r o p r i a t e Federal, State or local agency responsible for the administration of such law. " (3) I n determining whether the p r i m a r y purpose of a proposed reconstruction or renovation is to enable such facility to comply with the Act of August 12, 1968, the Commissioner shall consult with the Architectural and Transportation Barriers Compliance Board and the Administrator of General Services. " (c) A loan pursuant to this section shall be repaid within such period not exceeding twenty years as may be determined by the Commissioner." (j) Section 782 of the Act is amended— (1) by inserting immediately before the period at the end of paragraph (1)(B) in section 782 the following: ", except that the term 'academic facilities' may include any facility described in clause (v) to the degree that such facility is owned, operated, and maintained by the institution of higher education requesting the approval of a project; and that funds available for such facility under such project shall be used solely for the purpose of conversion or modernization of energy utilization techniques to economize on the use of energy resources; and that such project is not limited to facilities described in clause (v) of t h i s subsect i o n "; and (2) by striking out paragraph (2) of such section and inserting in lieu thereof the following: " (2)(A) The term 'construction' means (i) erection of new or expansion of existing structures, and the acquisition and installation of initial equipment therefor; or (ii) acquisition of existing structures not owned by the institution involved; or (iii) a combina-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/691

 PUBLIC LAW 94-482—OCT. 12, 1976 tion of either of the foregoing. For the purposes of the preceding sentence, the term 'equipment' includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular, and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term 'initial equipment means equipment acquired and installed in connection with construction; and the terms 'equipment', 'initial equipment', and 'built-in equipment' shall be more particularly defined by the Commissioner by regulation. " (B) The term 'reconstruction or renovation' means rehabilitation, alteration, conversion, or improvement (including the acquisition and installation of initial equipment, or modernization or replacement of such equipment) of existing structures. For the purposes of the preceding sentence, the term 'equipment' includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term 'initial equipment' means equipment acquired and installed either in connection with construction as defined in paragraph (2)(A), or as part of the rehabilitation, alteration, conversion, or improvement of an existing structure, which structure would otherwise not be adequate for use as an academic facility; the terms 'equipment', 'initial equipment', and 'built-in equipment' shall be more particularly defined by the Commissioner by regulation; and the term 'rehabilitation, alteration, conversion, or improvement' includes such action as may be necessary to provide for the architectural needs of, or to remove architectural barriers to, handicapped persons with a view toward increasing the accessibility to, and use of, academic facilities by such persons.".

90 STAT. 2159 v.. i,;;

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P A R T H — G R A D U A T E PROGRAMS EXTENSION AND REVISION OF GRADUATE FELLOWSHIPS AND ASSISTANCE

SEC. 171. (a)(1) Section 901(a)(3) is amended by striking out 20 USC 1134. "clauses (2), (3), and (4) " and inserting in lieu thereof "clauses (1) and (2) ". (2) Section 901(c) of the Act is amended to read as follows: " (c) There are authorized to be appropriated $50,000,000 for each of the fiscal years ending prior to October 1, 1979, for the purpose of this part.". (3)(A) Section 902(b) of the Act is amended by inserting " (1) " 20 USC 1134a. before "sets forth", and by inserting before the period a comma and the following: " and (2) provides assurances that the institution has notified the appropriate State commission (established or designated under section 1202 of this Act) and that the State commission has been given the opportunity to offer recommendations on the application to the institution and to the Commissioner". (B) Section 902 of the Act is amended by adding at the end thereof the following new subsection: " (c) I n considering an application under this part for a program .=,.; = j < L of activities from an institution of higher education within a State, the Commissioner shall assure that consideration is given to the degree to which such program will be consistent with State, regional, or national priorities.".

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 90 STAT. 2160 20 USC 1134b.

PUBLIC LAW 94-482—OCT. 12, 1976 (4) "and" clause "and"

Section 903(b) of the Act is amended by striking out the word at the end of clause (4), by striking out the period at the end of (5) and inserting in lieu thereof a semicolon and the word and by adding at the end thereof the following new clauses: " (0) the development of proposed graduate and professional program s; and " (7) needed innovation in graduate and professional programs.", (b) Part B of title IX of the Act is amended to read as follows:

"PART

B — F E L L O W S H I P S FOR GRADUATE AND PROFESSIONAL STUDY "APPROPRIATIONS AUTHORIZED

20 USC 1134d.

" SEC. 921. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this part. NUMBER o r F E L L O W S H I P S

20 USC 1134e.

•

" SEC. 922. (a) During the fiscal year ending June 30, 1973, and each of the succeeding jascal years ending prior to October 1, 1979, the Commissioner is authorized to award not to exceed seven thousand five hundred fellowships to be used for study in graduate programs at institutions of higher education. Such fellowships may be awarded for such period of study as the Commissioner may determine but not in excess of thirty-six months except that the Commissioner may provide by regulation for the g r a n t i n g of such fellowships for a period of study not to exceed one twelve-month period in addition to the thirty-six month period set forth in this section under special circumstances which the Commissioner determines would most effectively serve the purposes of this part. The Commissioner shall make a determination to provide such twelve-month extension of an award to an individual fellowship recipient upon review of an application for such extension by the recipient. " (b) I n addition to the number of fellowships authorized to be awarded by subsection (a) of this section, the Commissioner is authorized to award fellowships equal to the number previously awarded during any fiscal year under this section but vacated prior to the end of the period for which they were a w a r d e d; except that each fellowship awarded under this subsection shall be for such period of study, not in excess of the remainder of the period for which the fellowship which it replaces was awarded, as the Commissioner may determine. " (c) The Commissioner may allow a fellowship recipient to interr u p t his studies for a period not to exceed twelve months for the purpose of work, travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipient's academic program, except that the Commissioner shall make no payments to the fellowship recipient for such period for stipends, travel expenses, or allowances for dependents or payments to institutions pursuant to the recipient's fellowship award. "AWARD OF FELLOWSHIPS AND APPROVAL OF GRADUATE PROGRAMS

20 USC 1134f.

" SEC. 923. (a) The total number of fellowships authorized by section 922(a) to be awarded during a fiscal year shall be awarded by the Commissioner on such bases as he may determine, except that recipi-

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 PUBLIC LAW 94-482—OCT. 12, 1976 ents of such fellowships shall be individuals who have been admitted or who are enrolled in graduate or professional programs approved by the Commissioner and who are pursuing, a course of study leading to a degree of doctor of philosophy, doctor of arts, or an equivalent degree. The Commissioner shall approve a graduate program of an institution of higher education only upon his finding that the application contains satisfactory assurance that the institution will provide special orientations and practical experiences designed to prepare its fellowship recipients (1) for academic careers at some level of education beyond the high school, or (2) for other than academic careers in professional career fields of importance to the national interest, as determined by the Commissioner. "(b) In determining priorities and procedures for the award of fellowships under this section the Commissioner shall— "(1) take into account present and projected needs for highly trained individuals in all areas of education beyond high school, "(2) take into account present and projected needs for highly trained individuals in other than academic career fields of high national priority, "(3) consider the need to prepare a larger number of individuals from minority groups, especially from among such groups who have been traditionally underrepresented in colleges and universities, but nothing contained in this clause shall be interpreted to require any educational institution to grant preference or disparate treatment to the members of one minority group on account of an imbalance which may exist with respect to the total number or percentage of individuals of that group participating in or receiving the benefits of this program, in comparison with the total number or percentage of individuals of that group in any community. State, section, or other area, "(4) assure that consideration in awarding fellowships under this part is given (A) to individuals who have demonstrated their competence outside of a higher education setting for at least two years subsequent to the completion of their undergraduate studies, or (B) to individuals with varied backgrounds and experiences who have acquired such backgrounds and experiences in other than academic settings, "(5) seek to achieve a reasonably equitable geographical distribution of graduate programs approved under this section, based upon such factors as student enrollments in institutions of higher education and population. "(c) No fellowship shall be awarded under this part for study at a school or department of divinity.

90 STAT. 2161

•

u FELLOWSHIP STIPENDS

"SEC. 924. (a) The Commissioner shall pay to individuals awarded fellowships under this part such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparalale federally supported programs. "(b) The Commissioner shall (in addition to the stipends paid to individuals under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study such amounts as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported programs, except that such amount charged to a fellowship recipient and col-

20 USC 1134g.

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 90 STAT. 2162

PUBLIC LAW 94-482—OCT. 12, 1976 lected from such recipient by the institution for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payments to the institution under this subsection. " F E L L O W S H I P CONDITIONS

20 USC 1134h.

20 USC 1134i.

"SEC. 925. (a) An individual awarded a fellowship under the provisions of this part shall continue to receive payments provided in section 924 only_during such periods as the Commissioner finds that he is maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than part-time employment by such institution in teaching, research, or similar activities, approved by the Commissioner. "(b) The Commissioner is authorized to require reports containing such information in such form and to file at such times as he determines necessary from any person awarded a fellowship under the provisions of this part. Such reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, library, archive, or other research center approved by the Commissioner, stating that such person is making satisfactory progress in, and is devoting essentially full time to the program for which the fellowship was awarded.". (c)(1) Section 941 of the Act is amended to read as follows: "AWARD OF PUBLIC SERVICE FELLOWSHIPS

"SEC. 941. (a) During the fiscal year ending June 30, 1973, and each of the succeeding fiscal years ending prior to October 1, 1979, the Commissioner is authorized to award not to exceed five hundred fellowships in accordance with the provisions of this part for graduate or professional study for persons who plan to pursue a career in public service. Such fellowships shall be awarded for such periods as the Commissioner may determine, but not in excess of thirty-six months except that the Commissioner may provide by regulation for the granting of such fellowships for a period of study not to exceed one twelve-month period in addition to the thirty-six month period set forth in this section under special circumstances which the Commissioner determines would most effectively serve the purposes of this part. The Commissioner shall make a determination to provide such a twelve-month extension of an award to an individual fellowship recipient upon review of an application for such extension by the recipient. "(b) In addition to the number of fellowships authorized to be awarded by subsection (a) of this section, the Commissioner is authorized to award fellowships equal to the number previously awarded during any fiscal year under this section but vacated prior to the end of the period for which they were awarded; except that each fellowship awarded under this subsection shall be for such period of study, not in excess of the remainder of the period for which the fellowship which it replaces was awarded, as the Commissioner may determine. "(c) The Commissioner may allow a fellowship recipient to interrupt his studies for a period not to exceed twelve months for the purpose of work, travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipient's

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academic program, except that the Commissioner shall make no payments to the fellowship recipient for such period for stipend, travel expenses, or allowances for dependents or payments to institutions pursuant to the recipient's fellowship award. "(d) There are authorized to be appropriated such sums as may Appropriation authorization. be necessary to carry out the provisions of this part.". (2) Section 942 of the Act is amended by striking out the "and" 20 USC 1134]. at the end of clause (1), by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and the word "and" and by inserting at the end thereof the following new clauses: "(3) attract persons other than recent college graduates to pursue a career in public service; and "(4) provide additional training for individuals who by past activities, occupation, or training have demonstrated a commit^ ment to a career in public service.". (3)(A) Section 943(4)(A) of the Act is amended by inserting after 20 USC 1134k. "enter" the following: "or continue in". (B) Section 943(4)(B) of the Act is amended by inserting after the word "enter" the following: "or continue in". (4) Section 944(b) of the Act is amended by inserting before the 20 USC 1134/. period at the end thereof a comma and the following: except that such amount charged to a fellowship recipient and collected from such recipient by the institution for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payments to the institution under this subsection.". (d)(1) Section 961(b)(1) of the Act is amended by striking out 20 USC 1134n. "two" and by inserting after "fiscal years" the following: "ending prior to October 1, 1979". (2) The third sentence of section 961(c) is amended by striking out "to exceed 3 years" and inserting in lieu thereof the following: "in excess of thirty-six months, except that the Commissioner may provide by regulation for the granting of such fellowships for a period of study not to exceed one twelve-month period in addition to the thirty-six-month period set forth in this section under special circumstances which the Commissioner determines would most effectively serve the purposes of this part. The Commissioner shall make a determination to provide such a twelve-month extension of an award to an individual fellowship recipient upon review of an application for such extension by the recipient". (3) Section 961 of the Act is amended by adding at the end thereof the following new subsection: "(d) The Commissioner may allow a fellowship recipient to interrupt his studies for a period not to exceed twelve months for the purpose of work, travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipient's academic program, except that the Commissioner shall make no payments to the fellowship recipient for such period for stipends, travel expenses, or allowances for dependents or payments to institutions pursuant to the recipient's fellowship award.". (€) Section 963 of the Act is amended to read as follows: 20 USC 1134p. u STIPENDS AND INSTITUTIONS OF HIGHER EDUCATION ALLOWANCES

"SEC. 963. (a) The Commissioner shall pay to persons awarded fellowships under this part such stipends (including such allowances for

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20 USC 1134r-l.

PUBLIC LAW 94-482—OCT. 12, 1976 subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. " (b) The Commissioner shall (in addition to the stipends paid to persons under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study, such amounts as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported programs, except that such amount charged to a fellowship recipient and collected from such recipient by the institution for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payments to the institution under this subsection.". (5) Section 966 of the Act is amended by striking out " July 1, 1978" and inserting in lieu thereof "October 1, 1979". (e) Title IX of the Act is amended by inserting after part D the following new part: " P A R T E — A N N U A L F E L L O W S H I P KEPORT UREPORT

20 USC 1134r-2.

ON GRADUATE FELLOWSHIPS AND ASSISTANCE

" SEC. 971. (a) W i t h i n one hundred and twenty days after the end of each fiscal year during which g r a n t s or fellowships are awarded under the provisions of this title the Commissioner shall p r e p a r e and submit to the Congress a report which— " (1) specifies the authority for and amount of each g r a n t or fellowship so a w a r d e d; " (2) identifies the institutions which received such g r a n t s; and " (3) identifies the institutions which students receiving such fellowships attended. " (b) E a c h report required by this section shall contain an evaluation which— " (1) examines the extent to which g r a n t s or fellowships awarded under this title emphasized studies relating to— " (A) innovation in the field of graduate education; " (B) emerging fields of knowledge; " (C) areas of overriding national concern; or " (D) the education and employment of personnel in areas which the Commissioner finds to be of special need; and " (2) examines the extent to which grants and fellowships awarded under this title made substantial progress toward achieving the purposes of the various part s of this title under which they were awarded.". LAW SCHOOL CLINICAL ASSISTANCE PROGRAM

20 USC 1136b.

SEC. 172. Section 1103 of the Act is amended by striking out " July 1, 1975" and inserting in lieu thereof "October 1, 1979". P A R T I — COMMUNITY COLLEGES AND STATE POSTSECONDARY P L A N N I N G EXTENSION AND REVISION OF TITLE X

SEC. 176. (a)(1) The heading of title X of the Act is amended to read as follows:

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"TITLE X—ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLEGES". (2) Such title is amended by striking out

"PART A—ESTABLISHMENT AND EXPANSION OF COMMUNITY COLUEGES

"Subpart 1—Statewide Plans" and inserting in lieu thereof: "PART A—STATEWIDE PLANS".

(3) Section 1001(a) of the Act is amended by striking out "subpart" and inserting in lieu thereof "part". (4) Section 1001(b)(1) of the Act is amended to read as follows: "(b)(1) There are authorized to be appropriated $15,700,000 for each of the fiscal years ending prior to October 1, 1979, to carry out the provisions of this section.". (5) Section 1001 of the Act is further amended by striking the last sentence of subsection (c) and inserting in lieu thereof: "The Commissioner shall not disapprove any plan unless he determines, after reasonable notice and opportunity for hearing and comment, that it is inconsistent with the requirements set forth in this section.". (b)(1) Such title is further amended by striking out "Subpart 2" in the heading following section 1001 and inserting in lieu thereof "Part B". (2)(A) Section 1011(a) of the Act is amended by striking out "subpart" and inserting in lieu thereof "part". (B) Section 1011(b) of the Act is amended to read as follows: "(b) For the purpose of carrying out this part, there are authorized to be appropriated $150,000,000 for each of the fiscal years ending prior to October 1, 1979.". (3) Section 1012(b) of the Act is amended by striking out "subpart" and inserting in lieu thereof "part". (c) Part B of title X of the Act as in effect prior to the amendments made by subsection (b) of this section is repealed. (d) The amendments made by paragraphs (1), (2), (3) of subsection (a), paragraphs (1), 2(A), (3) of subsection (b), and subsection (c) shall take effect on September 30, 1977.

20 USC 1135. Appropriation authorization.

20 USC 1135a. Appropriation authorization.

20 USC 1135a-l. Repeal.

20 USC 1135b-1135b-9. Effective date. 20 USC 1135 note.

EXPANSION GRANTS

SEC. 177. Section 1014 of the Act is amended to read as follows: uEXPANSION GRANTS

"SEC. 1014. (a) The Commissioner is authorized to make grants, consistent with the terms of the appropriate State plan approved under section 1001, to existing community colleges to enable them to carry out the provisions of subsections (b) and (c) of this section. Of the funds appropriated for subpart 2 of this part, the Commissioner shall make grants pursuant to subsection (b), before making grants under any other subsection or section of this subpart, until such time as he determines all approved requests relating to subsection (b) have been funded. "(b) The Commissioner is authorized to make grants to eligible institutions to assist them in modifying their educational programs and instructional delivery systems to provide educational programs

20 USC 1135a-3.

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PUBLIC LAW 94-482—OCT. 12, 1976 especially suited to those persons whose educational needs have been inadequately served, especially those among the handicapped, older persons, persons who can attend only part-time, and persons who otherwise would be unlikely to continue their education beyond the high school. Such programs may include, but are not limited to, methods designed to eliminate such barriers to student access as inflexible course schedules, location of instructional programs, and inadequate transportation. "(c) The Commissioner is also authorized to make grants to eligible institutions to assist them in expanding their enrollment capacity or in establishing new educational sites as documented in the State plan. Any grants related to facilities may only be made to institutions which have provided the Commissioner with such assurances as he requires that they have first explored the possibilities of using existing facilities on the campus of the applying institution, existing facilities in the community which are suitable and available for educational programs without unreasonable cost to the institution, and explored the willingness of other institutions within a reasonable commuting distance to provide educational programs, or space or other components of an educational delivery system, through contract or other agreement with the institution.". REVISION OF DEFINITION OF COMMUNITY COLLEGE

20 USC 1135a-7. a?;

SEC. 178. Paragraphs (2) and (3) of section 1018 of the Act are amended to read as follows: "(2) admits as regular students persons who are high school graduates or the equivalent, or beyond the age of compulsory school attendance; "(3) provides a postsecondary education program leading to an associate degree or acceptable for credit toward a bachelor's degree;". AUTHORIZATION FOR STATEWIDE P L A N N I N G

20 USC 1142b. Grants.

SEC. 179. (a) Section 1203 of the Act is amended by redesignating subsection (c) as subsection (d) and by inserting immediately after subsection (b) the following new subsection: "(c) The Commissioner is authorized to make grants to State commissions established pursuant to section 1202(a), and to interstate compact postsecondary educational agencies approved by the Commissioner for the purpose of this subsection, applying jointly for the purpose of this subsection, to enable the participating commissions to plan, develop, and carry out interstate cooperative postsecondary education projects designed to increase the accessibility of postsecondary educational opportunities for the residents of the participating States and to assist such States to carry out postsecondary education programs in a more effective and economical manner.". (b) Section 1203(d) of the Act (as redesignated by this section) is amended to read as follows: "(d)(1) There are authorized to be appropriated such sums as may be necessary for each fiscal year ending prior to October 1, 1979, to carry out the provisions of this section other than subsection (c) of this section. "(2) There are authorized to be appropriated $2,000,000 for each fiscal year ending prior to October 1, 1979, to carry out the provisions of subsection (c) of this section.".

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PABT J—GENERAL PROVISIONS DEFINITIONS

SEC. 181. Section 1201(a) of the Act is amended by inserting 20 USC 1141. immediately after the second sentence the following new sentence: "Such term also includes a public or nonprofit private educational institution in any State which, in lieu of the requirement in clause (1), admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is j >; | located and who have the ability to benefit from the training offered by the institution.". ANTIDISCRIMINATION

AMENDMENT

SEC. 182. Title X II of the Act is amended by adding at the end thereof the following new sections: u ANTmiSCRIMINATION

"SEC. 1207. Institutions of higher education receiving Federal finan- 20 USC 1145b. cial assistance may not use such financial assistance whether directly or indirectly to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except no institution shall be barred from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or have its curriculum restricted on the subject of discrimination, against any such person.". FUNDING REQUIREMENT

SEC. 183. Title X II of the Act is amended by adding at the end thereof (after the section added by section 182) the following new section:

^ *'

^

"FUNDING REQUIREMENT

"SEC. 1208. (a) Except as provided in subsection (b)— "(1) if the sum of the appropriations available for carryiiij out subparts 1 and 2 of part A, and parts C and E, of title I" in fiscal year 1978 equals or exceeds an amount equal to the greater of— "(A) $2,800,000,000; or " (B) the sum of the appropriations available for carrying out subparts 1 and 2 of part A, and parts C and E, of title IV in fiscal year 1977, no payuients, awards, or grants may be made from the portion of the funds appropriated therefor in excess of such amount unless the sum of the appropriations available for carrying out title I, part C of title VII, and title X equals or exceeds 50 per centum of such amount; and "(2) if the sum of the appropriations available for carrying out subparts 1 and 2 of part A, and parts C and E, of title IV in fiscal year 1979 equals or exceeds an amount equal to the greater of— " r A) $3,100,000,000; or " (B) the sum of the appropriations available for carrying out subparts 1 and 2 of part A, and parts C and E, of title IV in fiscal year 1978,

20 USC 1145c. 20 USC 1070a, 1070b; 42 USC 2751; 20 USC 1087aa.

20 USC 1001, 1132c, 1135.

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20 USC 1001, 1132c, 1135.

20 USC 1226a.

PUBLIC LAW 94-482—OCT. 12, 1976 no payments, awards, or grants may be made from the portion of the funds appropriated therefor in excess of such amount unless the sum of the appropriations available for carrying out title I, part C of title VII, and title X equals or exceeds 50 per centum of such amount. "(b) The provisions of subsection (a) shall not be effective for any fiscal year in which the sum of the appropriations available for carrying out title I, part C of title VII, and title X equals or exceeds $215,000,000. "(c) The provisions of section 414 of the General Education Provision Act shall not apply to the provisions of this section.". TITLE II—VOCATIONAL EDUCATION EXTENSION" OF CERTAIN VOCATIONAL EDUCATION PROGRAMS

20 USC 1242.

20 USC 1262.

20 USC 1243.

20 USC 1244.

20 USC 1302.

20 USC 1321. 20 USC 1322. 20 USC 1323. 20 USC 1341.

SEC. 201. (a) Section 102(a) of the Vocational Education Act of 1963 is amended by striking out the first sentence and inserting in lieu thereof: "There are authorized to be appropriated $500,000,000 for the fiscal year ending September 30, 1977, for the purposes of carrying out parts B and C of this title.". (b) Section 102(b) of such Act is amended by striking out the first sentence and inserting in lieu thereof the following: "There are also authorized to be appropriated $30,000,000 for each fiscal year ending prior to October 1, 1977 for the purpose of section 122(a)(4)(A).". (c) The first sentence of section 102(c) of the Vocational Education Act of 1963 is amended by inserting immediately after "1975," the following: "and $40,000,000 for the fiscal year ending September 30, 1977,". (d) Section 103(d)(2) is amended by striking out the first sentence and inserting in lieu thereof the following: "The allotment ratios shall be promulgated by the Commissioner for each fiscal year between October 1 and December 31 of the preceding fiscal year.". (e) Section 104(a)(4) of such Act is amended by striking out "five" and inserting in lieu thereof "seven". (f) Section 104(a)(5) of such Act is amended by striking out "1976" and inserting in lieu thereof "1977". (g) Section 142(a) of such Act is amended by striking out "and" after "1970,", by striking out "five" and inserting in lieu thereof "six", and by inserting immediately after "succeeding fiscal years" the following: ", and $20,000,000 for the fiscal year ending September 30, 1977". (h) Section 151(b) of such Act is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1976". (i) Section 152(a)(1) of such Act is amended by striking out "July 1, 1975," and inserting in lieu thereof "October 1, 1976". (j) Section 153(d)(2) of such Act is amended by striking out that part thereof which follows "not exceed $5,000,000" and inserting in lieu thereof the following: "for fiscal year 1976.". (k) The first sentence of section 161(a)(1) of such Act is amended by striking out "and" after "$35,000,000", by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1976", and by inserting immediately after "$50,000,000," the following: "and for the fiscal year ending September 30, 1977, $45,000,000,". (1) The first sentence of section 161(c) of such Act is amended by striking out "five" and inserting in lieu thereof "seven".

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(m) Section 172(a) of such Act is amended by striking out "and" after "$50,000,000,", by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1976", and by inserting immediately after "$75,000,000," the following: "and for the fiscal year ending September 30, 1977, $25,000,000,". (n) Section 181(a) of such Act is amended by striking out "July 1, 1975," and inserting in lieu thereof "October 1, 1976, and $15,000,000 for the fiscal year ending September 30, 1977, for". (o) Section 189(b) of such Act is amended by striking out "and" after "1969,", by striking out "July 1, 1975," and inserting in lieu thereof "October 1, 1976, and $5,000,000 for the fiscal year ending September 30, 1977,". (p) Section 193 of such Act is amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1976, and $10,000,000 for the fiscal year ending September 30, 1977,". (q) Part F of title V of the Higher Education Act of 1965 is amended by adding at the end thereof a new section to read as follows:

20 USC 1352.

20 USC 1371. 20 USC 1391.

20 USC 1393b.

a AUTHORIZATION OF APPROPRIATIONS

"SEC. 555. There are authorized to be appropriated for the purposes 20 USC of carrying out this part $25,000,000 for each of the fiscal years ending 1119c-4. prior to October 1, 1977.". REVISION o r THE VOCATIONAL EDUCATION ACT OF 1963

SEC. 202. (a) The Vocational Education Act of 1963 is amended to read as follows: "TITLE I—VOCATIONAL EDUCATION "PART A—STATE VOCATIONAL EDUCATION PROGRAMS "DECLARATION OF PURPOSE

"SEC. 101. It is the purpose of this part to assist States in improving 20 USC 2301. planning in the use of all resources available to them for vocational education and manpower training by involving a wide range of agencies and individuals concerned with education and training within the State in the development of the vocational education plans. It is also the purpose of this part to authorize Federal grants to States to assist them— "(1) to extend, improve, and, where necessary, maintain existing programs of vocational education, "(2) to develop new programs of vocational education, " (3) to develop and carry out such programs of vocational education within each State so as to overcome sex discrimination and sex stereotyping in vocational education programs (including programs of homemaking), and thereby furnish equal educational opportunities in vocational education to persons of both sexes, and "(4) to provide part-time employment for youths who need the earnings from such employment to continue their vocational training on a full-time basis, so that persons of all ages in all communities of the State, those in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market, but need to upgrade their skills or

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 90 STAT. 2170

PUBLIC LAW 94-482—OCT. 12, 1976 learn new ones, those with special educational handicaps, and those in postsecondary schools, will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training. "Subpart 1—General Provisions u AUTHORIZATION OF APPROPRIATIONS

20 USC 2302.

"SEC. 102. (a) There are authorized to be appropriated $880,000,000 for fiscal year 1978, $1,030,000,000 for fiscal year 1979, $1,180,000,000 for fiscal year 1980, $1,325,000 for fiscal year 1981, and $1,485,000 for fiscal year 1982, for the purpose of carrying out subparts 2 and 3 of this part. "(b) There are also authorized to be appropriated $35,000,000 for fiscal year 1978, $40,000,000 for fiscal year 1979, $45,000,000 for fiscal year 1980, $50,000,000 for fiscal year 1981, and $50,000,000 for fiscal year 1982, for the purpose of carrying out subpart 4 of this part. "(c) There are also authorized to be appropriated $55,000,000 for fiscal year 1978, $65,000,000 for fiscal year 1979, $75,000,000 for fiscal year 1980, $80,000,000 for fiscal year 1981, and $80,000,000 for fiscal year 1982 for the purpose of carrying out subpart 5 of this part. "(d) There are also authorized to be appropriated $25,000,000 for fiscal year 1978 and for each fiscal year ending prior to October 1, 1982, for the purpose of assisting States in— "(1) preparing the five-year plans required under section 107; "(2) preparing the annual program plans and accountability reports, including the collection of necessary data, required to be submitted under section 108; "(3) conducting the evaluations required by section 112; and "(4) State administration of vocational education programs assisted under this act. uALLOTMENTS AMONG STATES

20 USC 2303.

"SEC. 103. (a)(1)(A) Subject to the provisions of subsection (d) of this section, from the sums appropriated pursuant to section 102(a), the Commissioner shall first reserve an amount equal to 5 per centum of such sums. From the amount so reserved, the Commissioner shall transfer an amount, not to be less than $3,000,000 but not to exceed $5,000,000 in any fiscal year, to the National Occupational Information Coordinating Committee established pursuant to section 161 and the remainder of the amount so reserved shall be used by the Commissioner for programs of national significance under subpart 2 of part B. "(B)(i) From the remainder of the sums appropriated pursuant to section 102(a), the Commissioner is authorized to reserve for purposes of this subparagraph an amount approximately equivalent to the same percentage of that appropriation as the population aged fifteen to twenty-four, inclusive, which is eligible to receive educational benefits as Indians from the Bureau of Indian Affairs is to the total population of all the States aged fifteen to twenty-four, inclusive, except that such amount shall not exceed 1 per centum of such remaining appropriation. "Act of April 16, "(ii) For purposes of this subparagraph, the term 'Act of April 16, 1934." 1934' means the Act entitled 'An Act authorizing the Secretary of the Interior to arrange with States or territories for the education, medical attention, relief of distress, and social welfare of Indians, and

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