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Page:United States Statutes at Large Volume 91.djvu/1473

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91 STAT. 1439

(4) inserting at the end thereof the following new subsection: " (f)(1) At the time of application by any eligible veteran for a loan under this section, such veteran shall assign to the benefit of the Veterans' Administration (for deposit in the Veterans' Administration Education Loan Fund established under section 1799 of this title) the amount of any accelerated payment to which such eligible veteran may become entitled from the Administrator and any matching contribution by a State or local governmental unit pursuant to section 1682A(b)(8) of this title in connection with the school term for which such veteran has applied. "(2) Payment of a loan made under this section shall be drawn in favor of the eligible veteran and mailed promptly to the educational institution in which such veteran is enrolled. Such institution shall deliver such payment to the eligible veteran as soon as practicable after receipt thereof. Upon delivery of such payment to the eligible veteran, such educational institution shall promptly submit to the Administrator a certification, on such form as the Administrator shall prescribe, of such delivery, and such delivery shall be deemed to be an advance payment under section 1780(d)(5) of this title for purposes of section 1784(b) of this title. "(3) For purposes of this subsection, the term 'eligible veteran' includes eligible person as such term is defined in section 1701(1) of this title.". DELIMITING PERIOD EXTENSION

SEC. 203. (a)(1) Section 1662 of title 38, United States Code, is amended by striking out the period at the end of subsection (a) and inserting in lieu thereof a semicolon and "except that, in the case of any eligible veteran who was prevented from initiating or completing such veteran's chosen program of education within such time period because of a physical or mental disability which was not the result of such veteran's own willful misconduct, such veteran shall, upon application, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was prevented from initiating or completing such program of education.". (2) Section 1712(b) of title 38, United States Code, is amended by— (A) inserting " (1) " after "(b)", (B) redesignating clauses (1) and (2) as clauses (A) and (B), and (C) adding at the end thereof the following new paragraph: "(2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any eligible person (as defined in section 1701(a)(1)(B), (C), or (D) of this chapter) who was prevented from initiating or completing such person's chosen program of education within such period because of a physical or mental disability which was not the result of such person's own willfull misconduct, such person shall, upon application, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such person was prevented from initiating or completing such program of education.". (b)(1) Section 1662(a) of title 38, United States Code, is further amended by inserting " (1) " after " (a) " and inserting at the end thereof the following new paragraph: "(2)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any veteran shall be permitted to use any of such veteran's

29-194 0 - 80 -

Accelerated payments, assignment for benefit of VA,

Ante, p. 1437. Loan payment delivery.

Delivery certification.

38 USC 1780. Post, p. 1442. "Eligible veteran. 38 USC 1701. Eligibles with physical or mental disability.

38 USC 1701.

eertain full-time students, completion period, extension.

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Page:United States Statutes at Large Volume 91.djvu/1474

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91 STAT. 1440 38 USC 1661. 38 USC 1798.

Delimiting period extension, duration. 38 USC 1770 et seq.

Ante, p. 1439.

unused entitlement under section 1661 of this title for the purposes of eligibility for an education loan, pursuant to the provisions of subchapter III of chapter 36 of this title, after the delimiting date otherwise applicable to such veteran under such paragraph (1), if such veteran was pursuing an approved program of education on a full-time basis at the time of the expiration of such veteran's eligibility. "(B) Notwithstanding any other provision of this chapter or chapter 36 of this title, any veteran whose delimiting period is extended under subparagraph (A) of this paragraph may continue to use any unused loan entitlement under this paragraph as long as the veteran continues to be enrolled on a full-time basis in pursuit of the approved program of education in which such veteran was enrolled at the time of expiration of such veteran's eligibility (i) until such entitlement is exhausted, (ii) until the expiration of two years after the date of enactment of this paragraph or the date of the expiration of the delimiting date otherwise applicable to such veteran under paragraph (1) of this subsection, whichever is later, or (iii) until such veteran has completed the approved program of education in which such veteran was enrolled at the end of the delimiting period referred to in paragraph (1) of this subsection, whichever occurs first.". (2) Section 1712 of title 38, United States Code, is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: "(f) Any eligible person (as defined in section 1701(a)(1)(B), (C), or (D) of this chapter) shall be entitled to an additional period of eligibility for an education loan under subchapter III of chapter 36 of this title beyond the maximum period provided for in this section pursuant to the same terms and conditions set forth with respect to an eligible veteran in section 1662(a)(2) of this title.". TITLE III—OTHER EDUCATION AND TRAINING AMENDMENTS CITATION o r AUTHORITY

Rules, regulations, guidelines, interpretations, or orders.

SEC. 301. Section 210(c)(1) of title 38, United States Code, is amended by inserting at the end thereof the following new sentence: "Any rules, regulations, guidelines, or other published interpretations or orders, or any amendment thereto, issued pursuant to the authority granted by this subsection or any other provision of this title shall contain, immediately following each substantive provision of such rules, regulations, guidelines, or other published interpretations or orders, or any amendment thereto, citations to the particular section or sections of statutory law or other legal authority upon which such rule, regulation, guideline, or other published interpretation or order is based or, in the case of any amendment thereto, upon which such amendment and the rule, regulation, guideline, interpretation or order being amended is based.". ,,:.^:^

COUNSELING

SERVICES AND PRE-DISCHARGE PROGRAM REPORT E L I M I N A T I O N

EDUCATION

SEC. 302. (a) Section 1663 of title 38, United States Code, is amended by— (1) striking out the first sentence and inserting in lieu thereof "The Administrator shall make available to any eligible veteran, upon such veteran's request, counseling services, including such educational and vocational counseling and guidance, testing, and

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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 91.djvu/1475

 PUBLIC LAW 95-202—NOV. 23, 1977

91 STAT. 1441

other assistance as the Administrator deems necessary to aid such veteran in selecting (1) an educational or training objective and an educational institution or training establishment appropriate for the attainment of such objective, or (2) an employment objective that would be likely to provide such veteran with satisfactory employment opportunities in light of such veteran's personal circumstances."; and (2) inserting at the end thereof the following new sentence: " The Administrator shall take appropriate steps (injchiding individual notification where feasible) to acquaint all eligible veterans with the availability and advantages of such counseling services.". (b) Section 1698(b) of title 38, United States Code, is amended by striking out " and periodically thereafter submits progress reports with respect to the implementation of such plan," after " report), ". STATE APPROVING AGENCY REIMBURSEMENT AND REPORT

SEC. 303. Section 1774 of title 38, United States Code, is amended by— (1) amending subsection (b) to read as follows: " (b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula:

Administrative expenses.

"Total salary cost reimbursable Allowable for administrative expense under this section $5,000 or less $630. Over $5,000 but not exceeding $10,000 $1,134. Over $10,000 but not exceeding $35,000 $1,134 for the first $10,000 plus $1,050 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,862. Over $40,000 but not exceeding $75,000 $6,862 for the first $40,000 plus $908 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $13,608. Over $80,000 $13,608 for the first $80,000 plus $793 for each additional $5,000 or fraction thereof."; and (2) inserting at the end thereof the following new subsection: " (c) E a c h State and local agency with which the Administrator contracts or enters into an agreement under subsection (a) of this section shall report to the Administrator on September 30, 1978, and periodically, but not less often than annually, thereafter, as determined by the Administrator, on the activities in the preceding twelve months (or the period which has elapsed since the last report under this subsection was submitted) carried out under such contract or agreement. E a c h such report shall describe, in such detail as the Administrator shall prescribe, services performed and determinations made in connection with ascertaining the qualifications of educational institutions in connection with this chapter and chapters 32, 34, and 35 of this title and in supervising such institutions.

Contracts or agreements. Report to Administrator.

, _..

38 USC 1601, 1651, 1700.

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text:
Author:Dorothy McIlwraith

Works

 * "World Science Fiction Convention," notice in Weird Tales (September 1941, vol. 36, no. 1)

Works as Editor

 * Weird Tales (1940) — from April onwards
 * Weird Tales (1941)
 * Weird Tales (1942)
 * Weird Tales (1943)
 * Weird Tales (1944)
 * Weird Tales (1945)
 * Weird Tales (1946)
 * Weird Tales (1947)
 * Weird Tales (1948)
 * Weird Tales (1949)
 * Weird Tales (1950)
 * Weird Tales (1951)
 * Weird Tales (1952)
 * Weird Tales (1953)
 * Weird Tales (1954)

title: Author:Dorothy McIlwraith


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Page:United States Statutes at Large Volume 91.djvu/1476

 91 STAT. 1442

PUBLIC LAW 95-202—NOV. 23, 1977 REPORTING FEES, INSTITUTIONAL ATTENDANCE REQUIREMENTS, AND VOCATIONAL COURSE MEASUREMENT

38 USC 1784.

Infra.

38 USC 1785. Supra.

38 USC 1788.

Study.

38 USC 1792 note. 38 USC 1651, 1770.

Report to President and Congress. Appropriation authorization.

SEC. 304. (a) Chapter 36 of title 38, United States Code, is amended by(1) amending section 1784(b) by— (A) strildng out " $ 5 " and "$6" in the second sentence and inserting in lieu thereof "$7" and "$11", respectively; and (B) inserting at the end thereof the following new sentence: "No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Administrator against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 1785 of this .;, title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction."; (2) amending section 1785 by— (A) inserting in the first sentence a comma and "except as • otherwise provided in section 1784(b) of this title," after "recovered"; and (B) inserting at the end thereof the following new sentence: "Nothing in this section or any other provision of this title shall be construed as requiring any institution of higher learning to maintain daily attendance records for any course leading to a standard college degree."; and (3) amending section 1788(a) by— (A) inserting in clause (1) "and not more than 5 hours of supervised study" after "two and one-half hours of rest periods"; ,.,, (B) striking out in clause (1) "27" and inserting in lieu thereof " 2 2 "; (C) inserting in clause (2) "and not more than 5 hours of supervised study" after "net of instruction" the first time it a p p e a r s: and (D) striking out in clause (2) "22" and inserting in lieu thereof "18". (b)(1) The Administrator of Veterans' Affairs, in consultation with the Advisory Committee formed pursuant to section 1792 of title 38, United States Code, shall provide for the conduct of an independent study of the operation of the programs of educational assistance carried out under chapters 34 and 36 of title 38, United States Code. Such study shall include a detailed examination and analysis of the extent to which eligible veterans (A) have utilized their entitlements (broken down by State, type of program, and post-Korean-Conflictpre-Vietnam-era and Vietnam-era service periods), including the extent to which they have successfully completed their programs of education or attained their educational or vocational objectives; and (B) have readjusted successfully to civilian life in terms of employment achievement and satisfaction and family and other interpersonal relationships. A report of such study shall be submitted to the President and the Congress not later than September 30, 1979. (2) For the purposes of carrying out paragraph (1) of this subsection, there are authorized to be appropriated $2,000,000. OPERATION PERIOD WAIVER, EDUCATIONAL INSTITUTION ADMINISTRATIVE PROCEDURES

AND

SEC. 305. (a)(1) Section 1789 of title 38, United States Code, is amended by—

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Page:United States Statutes at Large Volume 91.djvu/1477

 PUBLIC LAW 95-202—NOV. 23, 1977 (A) insci-tiii^r at the end of subsection (b) iininediately below clause ((>) the following new sentence: "The Administrator may waive the requirements of clause (6) of this subsection, in whole or in part, if the Administrator determines, pursuant to regulations which the Administi-ator shall prescribe, it to be in the interest of the eligible veteran and the Federal Government "; and (B) adding at the end of subsection (c) the following new sentence: " The Administrator may waive the requirements of this subsection, in whole or in part, if the Administrator determines, pursuant to regulations which the Administrator shall prescribe, it to be in the interest of the eligible veteran and the Federal Government.". (2) Section 1673(d) of title 38, United States Code, is amended by(A) inserting in the second sentence a comma and "pursuant to regulations which the Administrator shall prescribe," after "determines"; and (B) inserting at the end thereof the following new sentences: " The provisions of this subsection shall not apply to any course offered by an educational institution if the total number of veterans and persons receiving assistance under this chapter or chapter 31, 32, 35, or 36 of this title who are enrolled in such institution ecjuals 35 per centum or less, or such other per centum as the Administrator prescribes in regulations, of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution), except that the Administrator may apply the provisions of this subsection with respect to any course in which the Administrator has reason to believe that the enrollment of such veterans and persons may be in excess of 85 per centum of the total student enrollment in such course.". (3) The Administrator of Veterans' Affairs, in consultation with other appropriate departments and agencies, shall conduct a study to examine the need for computing, under section 1673(d) of title 38, United States Code, the percentage of those students enrolled in courses at educational institutions who are in receipt of grants from any Federal department or agency, and the problems of such institutions in making such latter computations, and shall, not later than September 30, 1978, submit a report to the Congress indicating whether such computations are needed and prescribing in detail an adequate system for making ^uch computations. Until the expiration of six months after the date of submission of such report and until such time as the Administrator shall determine, based on such report, that there is an adequate and feasible system for making such computations and that it is desirable and necessary to make such computations, the Administrator shall not apply the provisions contained in section 1673(d) of title 38, United States Code, requiring educational institutions in determining compliance with such subsection to compute the numbers of students in receipt of Federal grants other than from the Veterans' Administration. (b)(1) Sections 1674 and 1724 of title 38, United States Code, are amended by inserting a comma and "or within such other length of time (exceeding such approved length) as the Administrator determines to be reasonable in accordance with regulations" before the period at the end of the second sentence in each section. (2) The Administrator of Veterans' Affairs, in consultation with appropriate bodies, officials, persons, departments, and agencies, shall

91 STAT. 1443 Waiver.

38 USC 1789.

Waiver.

Enrollment in certain courses, disapproval. Regulations.

38 USC 1501, 1601, 1700, 1770.

Study. Report to Congress.

38 USC 1673 note. Supra.

Study.

38 USC 1674 note.

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Page:United States Statutes at Large Volume 91.djvu/1478

 91 STAT. 1444

38 USC 1601, 1651, 1700, 1770.

Report to President and Congress. Legislative recommendations. Appropriation authorization. Amendments, suspension of implementation.

38 USC 1776.

Undue hardship, relief.

38 USC 3101 note.

38 USC 1695.

PUBLIC LAW 95-202—NOV. 23, 1977

conduct a study to investigate (A) specific methods of improving the process by which postsecondary educational institutions and courses at such institutions are and continue to be approved for purposes of chapters 32, 34, 35, and 36 of title 38, United States Code; and (B) in recognition of the importance of assuring that Federal assistance is made available to those eligible veterans and persons seriously pursuing and making satisfactory progress toward an educational or vocational objective under such chapters, the need for legislative or administrative action in regard to sections 1674 and 1724 of title 38, United States Code, and the regulations prescribed thereunder. A report of such study, together with such specific recommendations for administrative or legislative action as the Administrator deems appropriate, shall be submitted to the President and the Congress not later than September 30, 1979, except that the portion of the report of such study described in clause (B) of the preceding sentence shall be submitted not later than September 30, 1978. (3) For the purpose of carrying out paragraph (1) of this subsection, there are authorized to be appropriated $1,000,000. (4)(A) Until such time as the Administrator submits the report required under the second sentence of paragraph (2) of this subsection, the Administrator shall suspend implementation of the amendments to sections 1674 and 1724 of title 38, United States Code, made by sections 206 and 307, respectively, of Public Law 94-502, in the case of any accredited educational institution which submits to the Administrator its course catalog or bulletin and a certification that the policies and regulations described in clauses (6) and (7) of section 1776(b) are being enforced by such institution, unless the Administrator finds, pursuant to regulations which the Administrator shall prescribe, that such catalog or bulletin fails to state fully and clearly such policies and regulations. (B) The Administrator shall, where appropriate, b r i n g to the attention of the Council on Postsecondary Accreditation and the appropriate accrediting and licensing bodies such catalogs, bulletins, and certifications submitted under subparagraph (A) of this paragraph which the Administrator believes may not be in compliance with the standards of such accrediting and licensing body. (c)(1) W h e r e an educational institution— (A) has in its possession veterans' or eligible persons' benefit checks made payable to a veteran or eligible person and mailed to such educational institution for a course offered (i) under the provisions of subchapter VI of chapter 34 of title 38, United ' States Code, or (ii) at a location not in a State under the provi' sions of section 1676 of title 38, United States Code, and which to December 1, 1976, and completed not later than June 30, 1977; and (B) holds a power of attorney executed by the veteran or eligible person prior to December 1, 1976, authorizing the educational institution to negotiate such benefit check, the Administrator may, where the Administrator finds there is undue hardship on such educational institution, provide such relief as the Administrator determines equitable pursuant to regulations which the Administrator shall prescribe. (2) Where an accredited correspondence school— (A) has in its possession veterans' or eligible persons' benefit checks made payable to a veteran or eligible person and mailed to such school for lessons completed by the veteran or eligible person
 * course was commenced by such veteran or eligible person prior

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Page:United States Statutes at Large Volume 91.djvu/1479

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91 STAT. 1445

under section 1786 of this title and serviced by the school prior to Ante, p. 1435. January 1, 1977; and .. (B) holds a power of attorney executed by the veteran or eligible person prior to December 1, 1976, authorizing the school to negotiate such benefit check, the Administrator may, where the Administrator finds that there is undue hardship on such educational institution and the courses were taken by veterans or eligible persons residing in a State, provide such relief as the Administrator determines equitable pursuant to regulations which the Administrator shall prescribe. TERMINATION OF ASSISTANCE

REQUIREMENTS

SEC. 306. Section 1790(b) of title 38, United States Code, is amended by inserting " (1) " after " (b) ", and inserting at the end thereof the following new paragraph: " (2) Any action by the Administrator under paragraph (1) of this subsection to discontinue (including to suspend) assistance provided to any eligible veteran or eligible person under this chapter or chapter 31,32,34, or 35 of this title shall be based upon evidence that the veteran or eligible person is not or was not entitled to such assistance. Whenever the Administrator so discontinues any such assistance, the Administrator shall concurrently provide written notice to such veteran or person of such discontinuance and that such veteran or person is entitled thereafter to a statement of the reasons therefor such action and an opportunity to be heard thereon.". VOCATIONAL REHABILITATION

38 USC 1501, 1651, 1700, 1770. Notice.

STUDY

SEC. 307. The Administrator of Veterans' Affairs, in consultation with the Commissioner of Rehabilitation Services, Department of Health, Education, and Welfare, shall conduct a study in regard to the provisions of chapter 31 of title 38, United States Code. The report of such study shall include (1) the Administrator's recommendations for legislative or administrative changes in such chapter, (2) the Administrator's recommendations with regard to the need for the services of vocational rehabilitation specialists to provide chapter 31 trainees with appropriate job development and job placement assistance, and (3) the Administrator's recommendations for utilizing the veterans education programs provided by chapters 32, 34, 35, and 36 of such title to meet the needs of disabled veterans eligible for assistance under such chapter 31 and such other chapters. Such report shall also include a description and analysis of the scope and quality of vocational rehabilitation assistance provided under such chapter 31 in comparison with vocational rehabilitation services provided under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). The report of such study shall be submitted to the President and the Congress not later than March 1, 1978.

Consultation.

38 USC 1501 note. Report. Contents.

38 USC 1770.

Report to President and Congress.

VETERANS READJUSTMENT APPOINTMENTS REPORT

SEC. 308. Section 2014(b) of title 38, United States Code, is amended by inserting at the end thereof the following new sentence: "The Chairman of the Civil Service Commission shall submit to the President and the Congress, not later than six months after the date of enactment of the G I Bill Improvement Act of 1977, a report on the need for the continuation after June 30, 1978, of the authority for veterans readjustment appointments contained in this subsection.".

Report to President and Congress.

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Page:United States Statutes at Large Volume 91.djvu/1480

 91 STAT. 1446

•'

PUBLIC LAW 95-202—NOV. 23, 1977 TECHNICAL AMENDMENTS

SEC. 309. (a) Section 101(29) of title 38, United States Code, is amended by striking out "such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress" and inserting in lieu thereof "May 7, 1975". (b) Section 2007(c) of title 38, United States Code, is amended by striking out "2001" and inserting in lieu thereof "2004". VETERANS COST-Or-INSTRUCTION TRANSFER AUTHORITY

38use246note. 20 USC 1070e-l.

' *'

38 USC 246. ,.,. ' '

38 USC 1501. 38 USC 1651.

SEC. 310. (a) Notwithstanding any other provision of law, (1) the Administrator of Veterans' Affairs is authorized to administer, pursuant to an interagency agreement, the programs carried out under the provisions of section 420 of the Higher Education Act of 1965; ^2) the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, is authorized to enter into such interagency agreement to transfer to the Administrator the functions, powers, and duties of the Commissioner under such section; and (3) pursuant to any such agreement, funds appropriated to such Department or the Office of Education in such Department for the purpose of carrying out such section shall be transferred from the Department to the Veterans' Administration for use for the purposes for which such funds are authorized and appropriated. Ajiy such agreement shall provide, for such period of time as may be agreed upon by the Commissioner and the Administrator, for such appropriate technical and support assistance by the Commissioner as the Commissioner and the Administrator agree are necessary to facilitate the implementation of this section. (b) Effective on the date on which the Commissioner of Education transfers to the Administrator of Veterans' Affairs, under authority of subsection (a) of this section, all functions, powers, and duties assigned to the Commissioner under section 420 of the Higher Education Act of 1965 such section is superceded and chapter 3 of title 38, United States Code, is amended by— (1) inserting after section 245 the following new section: "§ 246. Veterans cost-of-instruction payments to institutions of higher learning "(a)(1) During the period beginning on July 1, 1972, and ending on September 30, 1979, each institution of higher learning shall be entitled to a payment under, and in accordance with, this section during any fiscal year if— "(A) the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of this title or veterans receiving educational assistance under chapter 34 of of this title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least— "(i) 110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year, or "(ii) 10 per centum of the total number of undergraduate students in attendance at such institution during such academic year and if such number does not constitute a per centum of such undergraduate students which is less than such per centum for the preceding academic year; and "(B) the number of such persons is at least 25. "(2) During the period specified in paragraph (1) of this subsection, each institution which has qualified for a payment under

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91 STAT. 1447

this section for any fiscal year shall be entitled during the succeeding year, notwithstanding such paragraph (1), to a payment under and in accordance with this section, if the number of persons referred to in such paragraph (1) equals at least the number of such persons who were in attendance at such institution during the preceding academic year or equals at least the minimum number of such persons necessary to establish eligibility to entitlement under such paragraph (1) during the preceding academic year, whichever is the lesser. Each institution which is entitled to a payment for any fiscal year by reason of the preceding sentence shall be deemed, for the purposes of any such year succeeding the year for which it is so entitled, to have been entitled to a payment under such paragraph (1) during the preceding fiscal year. " (b)(1) The amount of the payment to which any institution shall be entitled under this section for any fiscal year shall be— " (A) $300 for each veteran receiving vocational rehabilitation under chapter 31 of this title, or educational assistance under chapter 34 of this title, who is in attendance at such institution as an undergraduate student during such year; and " (B) in addition, $150, except in the case of a veteran on behalf of whom the institution has received a payment in excess of $150 under section 419 of the H i g h e r Education Act of 1965 for each veteran who has been the recipient of educational assistance under subchapter V or subchapter VI of chapter 34 of this title and who is in attendance at such institution as an undergraduate student during such year. " (2) I n any case where a veteran on behalf of whom a payment is made under this section is enrolled in an institution on less than a full-time basis, the amount of the payment on behalf of siich veteran shall be reduced in proportion to the degree to which such veteran is not enrolled on a full-time basis. " (c)(1) A n institution of higher education shall be eligible to receive the payment to which it is entitled under this section only if it makes application therefor to the Administrator. An application under this section shall be submitted at such time or times, in such manner, in such form, and containing such information as the Administrator determines necessary to carry out the functions assigned to the Administrator under this section, and shall—• " (A) meet the requirements set forth in clauses (A) and (B) of section 4 1 9 (c)(1) of the Higher Education Act of 1965; " (B) set forth such plans, policies, assurances, and procedures as will ensure that the applicant will make an adequate effort— " (i) to maintain a full-time office of veterans' affairs which has responsibility for veterans' outreach, recruitment, and special education programs, including the provisions of educational, vocational, and personal counseling for veterans, " ( i i) to carry out programs designed to prepare educationally disadvantaged veterans for postsecondary education (I) under subchapter V of chapter 34 of this title, and ( II) in the case of any institution located near a military installation, under subchapter VI of such chapter 34, " ( i i i) to carry out active outreach (with special emphasis on educationally disadvantaged veterans), recruiting, and counseling activities through the use of funds available under federally-assisted work-study program (with special emphasis on the veteran-student services program under section 1685 of this title), and " ( i v) to carry out an active tutorial assistance program

38 USC 1501. 38 USC 1651.

20 USC 1070e.

Full-time office of veterans' affairs.

38 USC 1690. 38 USC 1695.

Tutorial program

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Page:United States Statutes at Large Volume 91.djvu/1482

 91 STAT. 1448

Consortium agreements.

Consultation.

Payments.

Limitation.

Waiver.

PUBLIC LAW 95-202—NOV. 23, 1977 (including dissemination of information regarding such program) in order to make maximum use of the benefits available under section 1692 of this title. Notwithstanding clause (B) of the preceding sentence, an institution with less than 2,500 students in attendance which the Administrator determines, in accordance with regulations jointly prescribed by the Administrator and the Commissioner of Education, Department of Health, Education, and Welfare, cannot feasibly itself carry out any or all of the programs set forth in subclauses (i) through (iv) of clause (B) of the preceding sentence, may carry out such program or programs through a consortium agreement with one or more other institutions of higher education, and shall be required to carry out such programs only to the extent that the Administrator determines, in accordance with regulations jointly prescribed by the Administrator and the Commissioner of Education, is appropriate in terms of the number of veterans in attendance at such institution. The adequacy of efforts to meet the requirements of such clause (B) shall be determined by the Administrator, in consultation with the Commissioner of Education, based upon criteria established in regulations jointly prescribed by them. "(2) The Administrator shall not approve an application under this subsection unless the Administrator determines that the applicant will implement the requirements of clause (B) of paragraph (1) of this subsection within the first academic year during which such institution receives a payment under this section. "(d)(1) The Administrator shall pay to each institution of higher learning which has had an application approved under subsection (c) of this section the amount to which it is entitled under this section. Payments under this subsection shall be made in not less than three installments during each academic year and shall be based on the actual number of veterans on behalf of whom such payments are made in attendance at the institution at the time of the iDayment. "' (2) The nuiximum amount of payments to any institution of higher learning, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year, shall be $135,000. In making payments under this section for any fiscal year, the Administrator shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in the preceding sentence, in such a manner as will result in the receipt by each institution which is eligible for a payment under this section of first $9,000 (or the amount of its entitlement for that fiscal year, whichever is the lesser) and then additional amounts up to the limitation set forth in the preceding sentence. "(e) Not less than 75 per centum of the amounts paid to any institution under subsection (d) of this section in any fiscal year shall be used to implement the requirement of clause (B)(i) of paragraph (1) of subsection (c) of this section, and, to the extent that such funds remain after implementing such requirements, funds limited by such 75 per centum requirement shall be used for implementing the requirements of clauses (B) (ii), (iii), and (iv) of such paragraph (1), except that the Administrator may, in accordance with criteria established in regulations jointly prescribed by the Administrator and the Commissioner of Education, waive the requirement of this subsection to the extent that the Administrator finds that such institution is adequately carrying out all such requirements without the necessity for such application of such amount of the payments received under this subsection.

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 PUBLIC LAW 95-202—NOV. 23, 1977

91 STAT. 1449

" (f) The Administrator, in carryino^ out the provisions oi" this section, shall seek to assure the coordination of programs assisted under this section with programs carried out by the Commissioner of Education pursuant to the H i g h e r Education Act of 1965, and the 20 USC 1001 Commissioner shall provide all assistance, technical consultation, and note. information otherwise authorized by law as necessary to promote the maximum effectiveness of the activities and programs assisted under this section. " (g) The program provided for in this section shall be administered by an identifiable administrative unit in the Veterans' Administration."; and (2) inserting in the table of sections at the beginning of such chapter "246. Veterans' cost-of-instruction payments to institutions of higher learning." below , "245.

Report to Congress.". HOUSING SOLAR ENERGY AND WEATHERIZATION STUDY

SEC. 311. In accordance with the national policy to conserve energy and promote the maximum utilization of solar energy, the Administrator of Veterans' Affairs, in consultation with the Secretary of Energy and the Secretary of Housing and Urban Development, shall conduct a study to determine the most effective specific methods of using the programs carried out under, or amending the provisions oi, chapter 37 of title 38, United States Code, in order to aid and encourage present and prospective veteran homeowners to install in their homes solar heating, solar heating and cooling, or combined solar heating and cooling, and to apply residential energy conservation measures. The report of such study shall include a description of plans for administrative action to carry out such national policy as well as such recommendations for legislative action as the Administrator deems appropriate, and shall be submitted to the President and the Congress not later than March 1, 1978.

Study.

38 USC 1820 note.

38 USC 1801.

Report to President and Congress. Legislative recommendations.

TITLE IV—WOMEN'S AIK FORCES SERVICE P I L O T S Sec. 401. (a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Women's Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army A i r Force during W o r l d W a r II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilis^n employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Veterans' Administration if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe— (A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group consituted active military service, and (B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honor-

Active duty status. 38USe 106note.

Record review,

Discharge.

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Page:United States Statutes at Large Volume 91.djvu/1484

 91 STAT. 1450

Benefits, payment limitation.

PUBLIC LAW 95-202—NOV. 23, 1977 and conditions where the nature and duration of the service of such member so warrants. Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated. (2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which— (A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission, (B) the members of such group were subject to military justice, discipline, and control; (C) the members of such group were permitted to resign, (D) the members of such group were susceptible to assignment for duty in a combat zone, and (E) the members of such group had reasonable expectations that their service would be considered to be active military service. (b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title as a result of the enactment of subsection (a) of this section. (2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Veterans' Administration, as a result of implementation of the provisions of subsection (a) of this section. TITLE V—EFFECTIVE DATES

38 USC 101 note.

SEC. 501. The provisions of this Act shall become effective on the first day of the first month beginning 60 days after the date of enactment of this Act, except that the provisions of title I and section 304(a)(1) (A) shall be effective retroactively to October 1, 1977, the provisions of sections 201 and 202 shall become effective on January 1, 1978, the provisions of section 203 shall be effective retroactively to May 31, 1976, and the provisions of sections 301, 302(2), 304(a)(1)(B), 304 (a)(2), 305(a)(3), 305(b)(2), 305(b)(3) 305(b)(4), 305(c), 306, 307, 308,309, and 310 and of title IV shall be effective upon enactment. Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-586 (Comm. on Veterans' Affairs). SENATE REPORTS: No. 95-468 and No. 95-468, pt. II accompanying S. 457 (both from Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 12, considered and passed House. Oct. 19, considered and passed Senate, amended, in lieu of S. 457. Nov. 3, House agreed to Senate amendment with an amendment. Nov. 4, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 13, No. 48: Nov. 23, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1485

 PUBLIC LAW 9 5 - 2 0 3 — N O V. 23, 1977

91 STAT. 1451

Public Law 95-203 95th Congress An Act To require studies concerning carcinogenic and other toxic.sul)stauces in food, the regulation of such food, the Impurities in and toxicity of saccharin, and the health benefits, if any, resulting from the use of nonnutritive sweeteners; to prohibit for 18 months the Secretary of Health, Education, and Welfare from taking certain action restricting the continued use of saccharin as a food, drug, and cosmetic; to require certain labels and notices for foods containing saccharin; and for other purposes.

Be It enacted by the Senate and House of RepresentatireH of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "Saccharin Study and Labeling Act". SEC. 2. (a)(1) The Secretary of Health, Education, and Welfare (hereinafter in this Act referred to as the "Secretary") shall arrange, in accordance with subsection (b), for the conduct of a study, based on available information, of— (A) current technical capabilities to predict the direct or secondary carcinogenicity or other toxicity in humans of substances which are added to, become a part of, or naturally occur in, food and which have been found to cause cancer in animals; (B) the direct and indirect health benefits and risks to individuals from foods which contain carcinogenic or other toxic substances; (C) the existing means of evaluating the risks to health from the carcinogenicity or other toxicity of such substances, the existing means of evaluating the health benefits of foods containing such substances, and the existing statutory authority for, and appropriateness of, weighing such risks against such benefits; (D) instances in which requirements to restrict or prohibit the use of such substances do not accord with the relationship between such risks and benefits; and (E) the relationship between existing Federal food regulatory policy and existing Federal regulatory policy applicable to carcinogenic and other toxic substances used as other than foods. (2) The Secretary shall arrange, in accordance with subsection (b), for the conduct of a study to determine, to the extent feasible— (A) the chemical identity of any impurities contained in commercially used saccharin, (B) the toxicity or potential toxicity of any such impurities, including their carcinogenicity or potential carcinogenicity in humans, and (C) the health benefits, if any, to humans resulting from the use of nonnutritive sweeteners in general and saccharin in particular. (b)(1) The Secretary shall first request the National Academy of Sciences (hereinafter in this section referred to as the "Academy"), acting through appropriate units, to conduct the studies, required by subsection (a), under an arrangement whereby the actual expenses incurred by the Academy directly related to the conduct of such studies will be paid by the Secretary. If the Academy agrees to such request, the Secretary shall enter into such an agreement with the Academy.

Nov. 23, 1977 [S. 1750]

Saccharin Study and Labeling Act. 21 USC 301 note. Study. 21 USC 343 note.

National Academy of Sciences, conduct of studies. Agreement.

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Page:United States Statutes at Large Volume 91.djvu/1486

 91 STAT. 1452

Reports to congressional committees.

"Saccharin."

21 USC 348 note.

21 USC 301.

Labeling.

21 USC 343.

PUBLIC LAW 95-203—NOV. 23, 1977 (2) If the Academy declines the Secretary's request to conduct any such study under such an arrangement, then the Secretary shall enter into a similar arrangement with another appropriate public or nonprofit private entity to conduct such study. (3) Any arrangement entered into under paragraph (1) or (2) of this subsection for the conduct of a study shall require that such study be completed and reports thereon be submitted within such period as the Secretary may require to meet the requirements of subsection (c). (c)(1) Within 12 months of the date of the enactment of this Act the Secretary shall report to the Committee on Human Resources of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (A) the results of the study conducted pursuant to subsection (a)(2) (including supporting data and other materials provided by the entity which conducted the s t u d y), and (B) any action proposed to be taken on the basis of the results of the study. (2) Within 15 months of the date of the enactment of this Act the Secretary shall report to the Committee on Human Resources of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (A) the results of the studies (including supporting data and other materials provided by the entity which conducted the study) conducted pursuant to subsection (a)(1), (B) the reconunendations, if any, of such entity for legislative and administrative action, and (C) such recommendations for legislative action as the Secretary deems necessary. (d) For purposes of this section and section 3, the term "sacchal i n " includes calcium saccharin, sodium saccharin, and ammonium saccharin. SEC. 3. During the 18-month period beginning on the date of the enactment of this Act, the Secretary— (1) may not amend or revoke the interim food additive regulation of the Food and D r u g Administration of the Department of Health, Education, and Welfare applicable to saccharin and published on March 15, 1977 (section 180.37 of part 180, subchapter B, chapter 1. title 21, Code of Federal Regulations (42 Fed. Reg. 14638)), or (2) may, except as provided in section 4 and the amendments made by such section, not take any other action under the Federal Food, Drug, and Cosmetic Act to prohibit or restrict the sale or distribution of saccharin, any food permitted by such interim food additive regulation to contain saccharin, or any d r u g or cosmetic containing saccharin, solely on the basis of the carcinogenic or other toxic effect of saccharin as determined by any study made available to the Secretary before the date of the enactment of this Act which involved human studies or animal testing, or both. SEC. 4. (a)(1) Section 403 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end thereof the following new paragraph: " (o)(1) If it contains saccharin, unless, except as provided in subparagraph (2), its label and labeling bear the following statement: HEALTH. THIS PRODUCT CONTAINS SACCHARIN W H I C H HAS BEEN DETERMINED TO CAUSE CANCER IN LABORAT O R Y A N I M A L S '. Such statement shall be located in a conspicuous place on such label and labeling as proximate as possible to the name of such food and shall appear in conspicuous and legible type in con-
 * USE OF T H I S P R O D U C T M A Y B E H A Z A R D O U S TO Y O U R

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Page:United States Statutes at Large Volume 91.djvu/1487

 PUBLIC LAW 95-203—NOV. 23, 1977

91 STAT. 1453

trast by typography, layout, and color with other printed matter on such label and labeling. "(2) The Secretary may by regulation review and revise or remove Regulation. the requirement of subparagraph (1) if the Secretary determines such action is necessary to reflect the current state of knowledge concerning saccharin.". (2) The amendment made by paragraph (1) shall apply only with Effective date. respect to food introduced or delivered for introduction in interstate 21 USC 343 note. commerce on and after the 90th day after the date of the enactment of this Act. (3) The Secretary shall report to the Committee on Human Report to Resources of the Senate and the Committee on Interstate and Foreign congressional Commerce of the House of Representatives any action taken under committees. 21 USC 343 note. section 403(o)(2) of the Federal Food, Drug, and Cosmetic Act. (b)(1) Section 403 of the Federal Food, Drug, and Cosmetic Act Supra. is amended by adding after paragraph (o) the following new Retail establishments, paragraph: notice, display. "(p)(1) If it contains saccharin and is offered for sale, but not for 21 USC 343. immediate consumption, at a retail establishment, unless such retail establishment displays prominently, where such food is held for sale, notice (provided by the manufacturer of such food pursuant to subparagraph (2)) for consumers respecting the information required by paragraph (o) to be on food labels and labeling. "(2) Each manufacturer of food which contains saccharin and which is offered for sale by retail establishments but not for immediate consumption shall, in accordance with regulations promulgated by the Secretary pursuant to subparagraph (4), take such action as may be necessary to provide such retail establishments with the notice required by subparagraph (1). "(3) The Secretary may by regulation review and revise or remove Notice the requirement of subparagraph (1) if he determines such action is requirement, necessary to reflect the current state of knowledge concerning review, revision or removal. saccharin. "(4) The Secretary shall by regulation prescribe the form, text, and manner of display of the notice required by subparagraph (1) and such other matters as may be required for the implementation of the requirements of that subparagraph and subparagraph (2). Regula- Hearing. tions of the Secretary under this subparagraph shall be promulgated after an oral hearing but without regard to the National Environmental Policy Act of 1969 and chapter 5 of title 5, United States Code. 42 USC 4321 In any action brought for judicial review of any such regulation, the note. reviewing court may not postpone the effective date of such 5 USC 500 et seq. Judicial review. regulation.". (2) The amendment made by paragraph (1) shall apply with Effective date. respect to food which is sold in retail establishments on or after the 21 USC 343 note. 90th day after the effective date of the regulations of the Secretary of Health, Education, and Welfare under paragraph (p)(4) of the Supra. Federal Food, Drug, and Cosmetic Act. (3) Section 201 of the Federal Food, Drug, and Cosmetic Act is "Saccharin." 21 USC 321. amended by adding at the end thereof the following: "(z) The term 'saccharin' includes calcium saccharin, sodium saccharin, and ammonium saccharin.". (c) The Secretary may by regulation require vending machines Vending through which food containing saccharin is sold to bear a statement of machines, health the risks to health which may be presented by the use of saccharin. A risk statement, regulation under this subsection shall require such statement to be requirements. 21 USC 343a. located in a conspicuous place on such vending machine and as proxi-

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Page:United States Statutes at Large Volume 91.djvu/1488

 91 STAT. 1454

21 USC 301. Information, availability and distribution.

42 USC 289Z-1 note. 42 USC 218 note.

PUBLIC LAW 95-203—NOV. 23, 1977 mate as possible to the name of each food containing saccharin which is sold through such machine. Any food containing saccharin which is sold in a vending machine which does not meet any applicable requirement promulgated under this subsection shall, for purposes of the Federal Food, Drug, and Cosmetic Act, be considered a misbranded food. (d) The Secretary shall (1) prepare information respecting the nature of the controversy surrounding the use of food containing saccharin, and (2) provide for the distribution of such information for display by retail establishments where such food is sold but not for immediate consumption. The Secretary may review and revise such information if he determines such action is necessary to reflect the current state of knowledge concerning the risks to health presented by the use of saccharin. SEC. 5. (a) Section 204(d) of the Xational Research Act (Public Law 93-348) is amended by striking out ''36-month period" each place it appears and inserting in lieu thereof "42-month period". (b) Section 211(b) of such Act is amended by striking out "January 1, 1978" and inserting in lieu thereof "November 1, 1978". Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-658 accompanying H.R. 8518 (Comm. on Interstate and Foreign Commerce) and No. 95-810 (Comm. of Conference). SENATE REPORTS: No. 95-353 (Comm. on Human Resources) and No. 95-369 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 14, 15, considered and passed Senate. Oct. 17, considered and passed House, amended, in lieu of H.R. 8518. Nov. 3, House agreed to conference report. Nov. 4, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 91.djvu/1489

 PUBLIC LAW 95-204—DEC. 2, 1977

9 1 STAT. 1455

Public Law 95-204 95th Congress An Act To amend title 38 of the United States Code to increase the rates of disability and death pension and to increase the rates of dependency and indemnity compensatiMi for parents, and for other purposes.

Dec. 2, 1977 [H.R. 7345]

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That this Act be Veterans and cited as the "Veterans and Survivors Pension Adjustment Act of Survivors Pension 1977". TITLE I—VETEEANS' AND SURVIVORS' PENSIONS SEC. 101. Section 521 of title 38, United States Code, is amended by— (1) amending the table in subsection (b)(1) to read as follows: "The monthly rate of pension shall be $197 reduced by—

$0.00 .03 .04 .05 .06 .07 .08

For each $1 of annual income Which is more than— 0 $300 500 700 900 1, 100 1,700

But not more than— $300 500 700 900 1, 100 1,700 3,770";

(2) striking out "$3,540" in subsection (b)(3) and inserting in lieu thereof "$3,770";

29-191+

Adjustment Act of 1977. 38 USC 101 note.

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Page:United States Statutes at Large Volume 91.djvu/1490

 91 STAT. 1456

PUBLIC LAW 95-204—DEC. 2, 1977 (3) amending the table in subsection (c)(1) to read as follows; "The monthly rate of pension for a veteran shall be— $212 if he or she has one dependent; $217 if he or she has two dependents; and $222 if he or she has three or more dependents; reduced by— $0.00 .04 .05 .06 .07 .08

For each $1 of annual income

Which is more than—

0 $500 700 1,000 2,000 3,000 3,200 3,600

But not more than—

$500 700 1,000 2,000 3,000 3,200 3,600 5,070";

(4) striking out "$4,760" in subsection (c)(3) and inserting in lieu thereof "$5,070"; (5) striking- out "$155" in paragraphs (1) and (2) of subsection (d) and inserting in lieu thereof "$165"; and (6) striking out "$57" in subsection (e) and inserting in lieu thereof "$61". SEC. 102. Section 541 of title 38, United States Code, is amended by—• (1) amending the table in subsection (b)(1) to read as follows: "The monthly rate of pension shall be $133 reduced by—

$0.00 .01 .03 .04 .05 .06 .07

For each $1 of annual income Which is more than— 0 $300 600 900 1,100 1,800 2,800

But not more than— $300 600 900 1, 100 1,800 2,800 3,770";

(2) striking out "$3,540" in subsection (b)(3) and inserting in lieu thereof "$3,770";

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Page:United States Statutes at Large Volume 91.djvu/1491

 PUBLIC LAW 95-204—DEC. 2, 1977

91 STAT. 1457

(3) amending the table in subsection (c)(1) to read as follows: "The monthly rate of pension shall be $159 reduced by—

$0.00 .01 .02 .03 .04 .05

For each $1 of annual income Which is more than— 0 $700 1,100 1,600 2,400 2,900

But not more than— $700 1,100 1,600 2,400 2,900 5,070";

(4) striking out "$4,760" in subsection (c)(2) and inserting in lieu thereof "$5,070"; and (5) striking out "$24" in subsection (d) and inserting in lieu thereof "$26". SEC. 103. Section 542 of title 38, United States Code, is amended by— (1) striking out "$57" and "$24" in subsection (a) and inserting in lieu thereof "$61" and "$26", respectively; and (2) striking out "$2,890" in subsection (c) and inserting in lieu thereof "$3,080". SEC. 104. Section 544 of title 38, United States Code, is amended by striking out "$74" and inserting in lieu thereof "$79". SEC. 105. Section 4 of Public Law 90-275 (82 Stat. 68) is amended 38 USC 521 note. to read as follows: "SEC. 4. The income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 hereafter shall be $3,300 and $4,760 instead of $3,100 and 38 USC 521 note. $4,460, respectively.". TITLE II—DEPENDENCY AND INDEMNITY COMPENSATION FOR PARENTS SEC. 201. Section 415 of title 38, United States Code, is amended by— (1) amending the table in subsection (b)(1) to read as follows: " The monthly rate of dependency and indemnity compensation shall be $152 reduced by— $0.00 .03 .05 .06 .08

For each $1 of annual income

Which is more than—

But not more than—

0 $800 1,000 1,200 1,500

$800 1,000 1,200 1,500 3,770";

(2) striking out "$3,540" in subsection (b)(3) and inserting in lieu thereof "$3,770";

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Page:United States Statutes at Large Volume 91.djvu/1492

 91 STAT. 1458

PUBLIC LAW 95-204—DEC. 2, 1977 (3) amending the table in subsection (c)(1) to read as follows: "The monthly rate of dependency and indemnity compensation shall be $107 reduced by— $0.00 .02 .05 .06

For each $1 of annual income

Which is more than—

But not more than—

0 $800 1, 100 2,000

$800 1, 100 2,000 3,770";

(4) striking out "$3,540" in subsection (c)(3) and inserting in lieu thereof "$3,770"; (5) amending the table in subsection (d)(1) to read as follows: " The monthly rate of dependency and indemnity compensation shall be $102 reduced by— $0. 00 .02 .03 .04 iOS

For each $1 of the total combined annual income Which is more than— 0 $1, 000 2, 000 2,900 3,600

But not more than— $1, 000 2,000 2,900 3, 600 5,070";

(6) striking out "$4,760" in subsection (d)(3) and inserting in lieu thereof "$5,070"; and (7) striking out "$74" in subsection (h) and inserting in lieu thereof "$79".

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Page:United States Statutes at Large Volume 91.djvu/1493

 PUBLIC LAW 95-204—DEC. 2, 1977

91 STAT. 1459

TITLE III—MISCELLANEOUS AND EFFECTIVE DATE PROVISIONS SEC. 301. Section 322(b) of title 38, United States Code, is amended by striking out "$74" and inserting in lieu thereof "$79". SEC. 302. The provisions of this Act shall take effect January 1, Effective date. 1978.

Approved December 2, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-411 (Comm. on Veterans' Affairs). SENATE REPORT No. 95-374 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): July 12, considered and passed House. Aug. 3, considered and passed Senate, amended. Sept. 21, House concurred in Senate amendment with an amendment; Senate disagreed to House amendment. Nov. 3, House receded from its amendment and concurred in Senate amendment with amendments; Senate agreed to House amendments.

38 USC 322 note.

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Page:United States Statutes at Large Volume 91.djvu/1494

 91 STAT. 1460

PUBLIC LAW 95-205—DEC. 9, 1977

Public Law 95-205 95th Congress

' Joint Resolution

Dec. 9, 1977 [HJ. Res. 662] Continuing appropriations, 1978.

District of Columbia.

Departments of Labor, and Health, Education, and Welfare. Abortions.

Regulations. Funds, availability.

Making further continuing appropriations for the fiscal year 1978, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1978, namely: SEC. 101. Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1977, and for which appropriations, funds, or other authority would be available in the District of Columbia Appropriations Act, 1978 (H.K. 9005) as passed the House of Representatives or the Senate, but at a rate of operations not in excess of the current rate: Provided, That the Advisory Neighborhood Commissions shall be continued at an annual rate of not to exceed $500,000: Provided further, That the rate of operations for the Disaster Loan Fund of the Small Business Administration contained in said Act shall be the rate as passed the Senate. Such amounts as may be necessary for projects or activities provided for in the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act, 1978 (H.R. 7555), at a rate of operations, and to the extent and in the manner, provided for in such Act, notwithstanding the provisions of Sec. 106 of this joint resolution: Provided, That none of the funds provided for in this paragraph shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service; or except in those instances where severe and long-lasting physical health damage to the mother would result if the pregnancy were carried to term when so determined by two physicians. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. The Secretary shall promptly issue regulations and establish procedures to ensure that the provisions of this section are rigorously enforced. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from December 1, 1977, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) September 30, 1978, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in 31 U.S.C. 665(d)(2), but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds.

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Page:United States Statutes at Large Volume 91.djvu/1495

 PUBLIC LAW 95-205—DEC. 9, 1977 SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1977. SEC. 107. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. Approved December 9, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-824 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Dec. 6, considered and passed House; considered and passed Senate, amended. Dec. 7, House concurred in Senate amendment No. 1, concurred in Senate amendment No. 2 with an amendment. Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 50: Dec. 9, Presidential statement.

91 STAT. 1461

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Page:United States Statutes at Large Volume 91.djvu/1496

 91 STAT. 1462

PUBLIC LAW 95-206—DEC. 12, 1977

Public Law 95-206 95th Congress An Act Dec. 12, 1977 [H.Jl. 1904]

Intravenous fat emulsion, duty suspension; Jack R. Misner, relief.

19 USC 1202

rp^ suspend until July 1, 1980, the duty on intravenous fat emulsion, and for other purposes.

Be it erhocted by the Senate and House of Representatives of the United States of America ^in Congress assembled, That (a) subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately before item 907.80 the following new item: 907.75

app. Effective date.

19 USC 1202 app. note. 19 USC 1202 app.

Free

Free

On or before 6/30/80

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. SEC. 2. (a) Subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately before item 907.60 the following new items: 907.10

907.12

Effective date. 19 USC 1202 app. note. Musical instruments, liquidations or reiiquidations.

Intravenous fat emulsion (provided for in item 440.00, part 3C, schedule 4)

Cyclic organic chemical products in any physical form having a benzenoid, quinoid, or modified benzenoid structure (provided for in item 403.60, part IB, schedule 4) to be used in the manufacture of photographic color couplers.

Free

No change

On or before 6/30/80

Photographic color couplers (provided for in item 405.20, part IC, schedule 4)

Free

No change

On or before 6/30/80

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. SEC 3. (a)(1) Notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the entries listed in paragraph (2) covering certain musical instruments, shall be liquidated or reliquidated and, if appropriate, refund of duties made. Notwithstanding the provisions of General Headnote 3(e) of the Tariff Schedules of the United States (19 U.S.C. 1202) or any other provision of law, for purposes of the liquidations or reiiquidations authorized by this subsection, such entries shall be appraised at invoice unit prices net, packed, and shall be subject to duty at the applicable rates set forth in column 1 of such schedules.

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Page:United States Statutes at Large Volume 91.djvu/1497

 PUBLIC LAW 95-206—DEC. 12, 1977

91 STAT. 1463

(2) The entries referred to in paragraph (1) are as follows: Entry number:

Date of entry:

100284 100607 101233 101426 101756 102217 102394 102483 102687 102708 102711 102781 103117 103252 103275 103576 103638 104335 104601 104920 105205 105998 105998 106002 106730 106731 106888 103114 108444

July 14, 1972. July 27, 1973. August 18, 1972. September 1, 1972. September 14, 1972. October 15, 1973. October 7, 1971. October 15, 1971. November 15, 1971. July 8, 1973. November 17, 1971. October 20, 1972. December 16, 1971. November 8, 1972. December 28, 1971. November 22, 1972. November 27, 1972. December 21, 1972. March 8, 1972. January 16, 1973. April 10, 1972. May 15, 1972. March 2, 1973. May 15, 1972. June 21, 1972. June 21, 1972. June 29, 1972. December 16, 1971. June 11, 1973.

_

(b) In order to permit Jack R. Misner, of North Tonawanda, New Jack R. Misner, York, to complete the renovation of the schooner Panda (entry num- relief, bered 902261, September 25, 1972) within the United States (which renovation has been delayed because of material shortages), the Secretary of the Treasury, notwithstanding the provisions of subpart 5C of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202), shall extend the expiration date of the temporary importation bond covering the schooner Panda until the close of September 18, 1977. Approved December 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-420 (Comm. on Ways and Means). SENATE REPORT No. 95-432 (Comm. on Finance). CONGRESSIONAL RECORD, Vol 123 (1977): July 18, considered and passed House. Sept. 21, considered and passed Senate, amended. Oct. 25, House concurred in certain Senate amendments, concurred in Senate amendment No. 5 with an amendment, and disagreed to Senate amendment No. 6. Nov. 29, Senate concurred in House amendment to No. 5 and receded from amendment No. 6.

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Page:United States Statutes at Large Volume 91.djvu/1498

 91 STAT. 1464

PUBLIC LAW 95-207—DEC. 13, 1977

Public Law 95-207 95th Congress An Act Uec. id, 1977 [H.R. 7]

rp^ authorize a career education program for elementary and secondary schools, and for other purposes.

Career Education Incentive Act. 20 USC 2601 °°*®"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Career Education Incentive Act". DECLARATIONS

20 USC 2601.

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SEC. 2. The Congress declares that— (1) a major purpose of education is to prepare every individual for a career suitable to that individual's preference, (2) career education should be an integral part of the Nation's educational process which serves as preparation for work, (3) career education holds promise of improving the quality of education and opening career opportunities for all students by relating education to their life aspirations, and (4) educational agencies and institutions (including agencies and institutions of elementary and secondary education, higher education, adult education, employment training and retraining, and vocational education) should make every effort to fulfill that purpose. PURPOSE

20 USC 2602.

SEC. 3. In recognition of the prime importance of work in our society and in recognition of the rolo that the schools play in the lives of all Americans, it is the purpose of this Act to assist States and local educational agencies and institutions of postsecondary education, including collaborative arrangements with the appropriate agencies and organizations, in making education as preparation for work, and as a means of relating work values to other life roles and choices (such as family life), a major goal of all who teach and all who learn by increasing the emphasis they place on career awareness, exploration, decisionmaking, and planning, and to do so in a manner which will promote equal opportunity in making career choices through the elimination of bias and stereotyping in such activities, including bias and stereotyping on account of race, sex, age, economic status, or handicap. AUTHORIZATION OF APPROPRIATIONS

20 USC 2603.

SEC. 4. (a) Subject to the provisions of subsections (b) and (c), there are authorized to be appropriated $50,000,000 for fiscal year 1979, $100,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981, $50,000,000 for fiscal year 1982, and $25,000,000 for fiscal year 1983 to carry out the provisions of this Act, other than section 11 of this Act. (b) No funds are authorized to be appropriated pursuant to subsection (a) for any fiscal year beginning after September 30, 1979, unless an appropriation was made for the immediately preceding fiscal year. (c) No funds are authorized to be appropriated pursuant to subsection (a) for any fiscal year beginning after September 30, 1979,

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Page:United States Statutes at Large Volume 91.djvu/1499

 PUBLIC LAW 95-207—DEC. 13, 1977

91 STAT. 1465

unless such funds are appropriated in the fiscal year prior to the fiscal year in which such funds will be obligated, and unless such funds are made available for expenditure to the States prior to the beginning of such fiscal year. ALLOTMENTS

SEC. 5. (a)(1) From the funds appropriated pursuant to section 4 State allotments, for each fiscal year which are not reserved under paragraph (2) of minimum. this subsection, the Commissioner shall allot to each State an amount 20 USC 2604. which bears the same ratio to such funds as such State's population aged five to eighteen, inclusive, bears to the total population, aged five to eighteen, inclusive, of all the States, except that no State shall be allotted from such funds for each fiscal year an amount less than $125,000. (2) From the remainder of the funds appropriated pursuant to sec- Reserves, tion 4 for each fiscal year, the Commissioner may reserve.— (A) an amount not to exceed 5 per centum each year for the administration of this Act and for making model program grants pursuant to section 10, (B) an amount not to exceed 1 per centum each year for the purpose of carrying out the information program pursuant to section 12 of this Act, (C) an amount not to exceed one-half of one per centum each year for the purpose of carrying out a national evaluation of the effectiveness of programs assisted under this Act in carrying out the purposes of this Act, and (D) an amount equal to 1 per centum for the purpose of making payments to the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands in furtherance of the purposes of this Act. (b)(1) Any funds allotted to a State under paragraph (1) of sub- Reallotment. section (a) for which a State has not applied or for which a State application has not been approved shall be reallotted by ratably increasing the allocations of each of the States which have approved applications. (2) If the sums appropriated for any fiscal year are not sufficient to make the allotments of the minimum amounts specified in paragraph (1) of subsection (a), such minimum amounts shall be ratably reduced. If additional sums become available during a fiscal year for which such allotments were reduced, such allotments shall be increased on the same basis as they were reduced. (c) Notwithstanding any other provision of this Act, any State which receives, in any fiscal year, the minimum allotment prescribed under paragraph (1) of subsection (a) of this section does not have to comply with the provisions of section 6(6) relating to staff employed at the State level. APPLICATIONS

SEC. 6. Every State desiring to receive funds appropriated under Contents, section 4 for fiscal year 1979 shall submit to the Commissioner an 20 USC 2605. application containing assurances that— (1) the State educational agency will be the agency responsible for planning the use, and administering the expenditure, of funds received under this Act, other than funds made available under sections 10,11, and 12;

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Page:United States Statutes at Large Volume 91.djvu/1500

 91 STAT. 1466

Non-Federal share costs, payment.

Review.

PUBLIC LAW 95-207—DEC. 13, 1977 (2) the State legislature and the Governor have been notified of the State's application for such funds; (3)(A) the State will expend, from its own sources, for any fiscal year for which funds are received under this Act, an amount equal to or exceeding the amount which such State expended for career education during the fiscal year preceding the fiscal year for which the determination is made; (B) the State will pay from non-Federal sources the non-Federal share of the costs of carrying out the State plan for fiscal year 1980 and for each of the three succeeding fiscal years; (4) the State will make every possible effort to integrate career education into the regular education programs offered in elementary and secondary schools in the State; (5)(A) the State educational agency will require that programs of career education assisted under this Act will be administered by State and local educational agencies in such a manner as to affect all instructional programs in elementary and secondary education, and will not be administered solely as a part of the vocational education program; (B) the State educational agency will require that programs of career education will be coordinated by an individual having prior experience in the field of career education (who shall be designated as a State coordinator of career education); (6) such agency will employ such staff as are necessary to provide for the administration of this Act and programs of career education funded under this Act, including a person or persons experienced with respect to problems of discrimination in the labor market and stereotyping affecting career education, including bias and stereotyping on account of race, sex, age, economic status, or handicap, and including at least one professional trained in guidance and counseling who shall work jointly in the office of the principal staff person responsible for such administration and coordination and in the office of the State educational agency responsible for guidance and counseling, if any such office exists; (7) such agency will continuously review the plan submitted under section 7 and will submit such amendments thereto as may be deemed appropriate in response to such agency's experience with the program; (8) the State educational agency will comply with the provisions of section 9(b) with respect to the distribution of funds to local educational agencies within the State; (9) the State educational agency will not allocate payments under this Act among local educational agencies within the State on the basis of per capita enrollment or through matching of local expenditures on a uniform percentage basis, or deny funds to any local educational agency if the applicable jurisdiction in which such agency is located is making a reasonable tax effort solely because such agency is unable to pay the non-Federal share of the costs of programs assisted under this Act; (10) not less than 15 per centum of that portion of a State's grant for any fiscal year which is not reserved pursuant to section 9(b) will be used for programs described in section 8(a)(3)(B); and (11) the funds received under this Act will be used in accordance with the provisions of section 8.

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Page:United States Statutes at Large Volume 91.djvu/1501

 PUBLIC LAW 95-207—DEC. 13, 1977 ..:*..;..;-.

91 STAT. 1467

STATE PLAN'S

SEC. 7. Every State desiring to receive funds appropriated pursuant Contents, to section 4 shall submit to the Commissioner by July 1, 1979, a State 20 USC 2606. plan which shall— (1) set out explicitly the objectives the State will seek to achieve by the end of each of the fiscal years for which funds are made available under this Act in implementing the goal of providing career education for students in elementary and secondary schools within the State, with special emphasis on overcoming sex bias and stereotyping, and set out the methods by which the State will seek each year to achieve such objectives with all resources available; (2) describe the methods by which the funds received under this Act will be used, in accordance with section 8, to implement the overall objectives in each of the fiscal years for which funds are made available under this Act; (3) set forth policies and procedures which the State will follow to assure equal access of all students (including the handicapped and members of both sexes) to career education programs carried out under the State plan; (4) provide adequate assurance that the requirements of section 6 will be met in each fiscal year after fiscal year 1979; and (5) provide proposed criteria to the Commissioner for the evaluation of the extent to which the State will achieve the objectives set out in the State plan. USE OF FUNDS

SEC. 8. (a) Subject to the provisions of sections 9(b) and 10, funds Federal share received under this Act may be used only to pay the Federal share payments, of the total costs of— 20 USC 2607. (1) employing such additional State educational agency personnel as may be required for the administration and coordination of programs assisted under this Act; (2) providing State leadership for career education, either directly or through arrangements with public agencies and private organizations (including institutions of higher education), m(A) conducting inservice institutes for educational personnel; (B) training local career education coordinators;, (C) collecting, evaluating, and disseminating career education materials on an intrastate and interstate basis with special emphasis on overcoming sex bias and stereotyping; (D) conducting statewide needs assessment and evaluation studies; (E) conducting statewide career education leadership conferences; (F) engaging in collaborative relationships with other agencies of State government and with public agencies and private organizations representing business, labor, industry and the professions and organizations representing the handicapped, minority groups, women, and older Americans; and (G) promoting the adaptation of teacher-training curric-

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Page:United States Statutes at Large Volume 91.djvu/1502

 91 STAT. 1468

PUBLIC LAW 95-207—DEC. 13, 1977

ula to the concept of career education by institutions of higher education located in the State; ^ (3) making payments to local educational agencies for com' ' ' prehensive programs including— (A) instilling career education concepts and approaches ' ' in the classroom; (B) developing and implementing comprehensive career guidance, counseling, placement, and followup services utilizing counselors, teachers, parents, and community resource personnel; (C) developing and implementing collaborative relationships with organizations representing the handicapped, minority groups, and women and with all other elements of the community, including the use of personnel from such organizations and the community as resource persons in schools and for student field trips into that community; (D) developing and implementing work experiences for students whose primary purpose is career exploration, if such work experiences are related to existing or potential career opportunities and do not displace other workers who perform such work; (E) employing coordinators of career education in local educational agencies or in combinations of such agencies (but not the individual school building level); (F) training of local career education coordinators; (G) providing inservice education for educational personnel, especially teachers, counselors, and school administrators, designed to help such personnel to understand career educa,,, ^ tion, to acquire competencies in the field of career education and to acquaint such personnel with the changing work patterns of men and women, ways of overcoming sex stereotyping in career education, and ways of assisting women and men to broaden their career horizons; (H) conducting institutes for members of boards of local educational agencies, community leaders, and parents con,, cerning the nature and goals of career education; ..' ' (I) purchasing instructional materials and supplies for career education activities; (J) establishing and operating community career education councils; (K) establishing and operating career education resource centers serving both students and the general public; (L) adopting, reviewing, and revising local plans for coor. dinating the implementation of the comprehensive program; (M) conducting needs assessments and evaluations; and (4) reviewing and revising the State plan, (b) The State shall make payments to local educational agencies for the purposes described in paragraph (3) of subsection (a) from funds received under this Act upon applications approved by the State educational agency. Such payments shall, to the extent practicable, be made on an equitable basis in accordance with criteria established by the State educational agency, consistent with section 6(9), having due regard for the special needs of local educational agencies

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Page:United States Statutes at Large Volume 91.djvu/1503

 PUBLIC LAW 95-207—DEC. 13, 1977

91 STAT. 1469

serving areas of high incidence and prevalence of youth and adult unemployment, serving sparsely populated areas or serving relatively few students. (c)(1) To the extent consistent with the number of children enrolled Private nonprofit in private nonprofit elementary and secondary schools within the elementary and State, with respect to services described under paragraph (2) of sub- secondary schools, section (a), and within the school district, with respect to payments participation. made to a local educational agency for the purposes described in paragraph (3) of such subsection, after consultation with appropriate private school officials, provision shall be made for the effective participation on an equitable basis of such children and the teachers of such children in such services and in programs assisted with such payments. (2)(A) The control of funds provided under this Act and title to Funds, control materials and equipment therewith shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds and property. (B) The provisions of services pursuant to this paragraph shall be Contracts for provided by employees of a public agency or through contract by such services, public agency with a person, an association, agency, or corporation who or which in the provision of such services is independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this Act to accommodate students and teachers in nonprofit public schools shall not be commingled with State or local funds. PAYMENTS

SEC. 9. (a)(1) The Commissioner, upon receipt of an application 20 USC 2608. of assurances for fiscal year 1979 which the Commissioner finds to be in compliance with section 6, and upon finding the State to be in compliance with sections 7 and 8 for fiscal years 1980 and 1981, shall pay to the State the amount which it is entitled to receive for each such year under this Act. (2) The Commissioner, upon finding the State to be in compliance with sections 7 and 8 for fiscal years 1982 and 1983 by reviewing the report required to be submitted by the State under section 14 for fiscal years 1980 and 1981, respectively, shall pay to the State the amount which it is entitled to receive for each of the fiscal years 1982 and 1983 under this Act reduced in proportion to the extent to which the Commissioner determines that such State has substantially failed to achieve the objectives for fiscal years 1980 and 1981 set forth in its State plan. (b) Any State receiving funds appropriated under section 4 of this Act may reserve (1) not more than 10 per centum of such funds for State leadership purposes described in paragraph (2) of section 8(a), ^ and (2) not more than 10 per centum of such funds appropriated for the fiscal year 1979, and not more than 5 per centum of the funds appropriated for succeeding fiscal years, for the purposes described in paragraphs (1) and (4) of section 8(a). The remainder of such funds shall be distributed by the State to local educational agencies within that State for the purposes described in paragraph (3) of section 8(a). (c)(1) For the purposes of paying the cost of employing State

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Page:United States Statutes at Large Volume 91.djvu/1504

 91 STAT. 1470

Waiver.

Waiver.

PUBLIC LAW 95-207—DEC. 13, 1977 career education coordinators and staff described in paragraph (1) of section 8(a), the Federal share of the payments made under this Act from a State's allotment shall be not more than 100 per centum for the fiscal year 1979, not more than 75 per centum for the fiscal year 1980 and not more than 50 per centum for the fiscal years 1981, 1982, and 1983. (2) For the purposes described in paragraphs (2) and (3) of section 8(a), the Federal share of the payments made under this Act from a State's allotment shall be not more than 100 per centum for the fiscal years 1979 and 1980, not more than 75 per centum for the fiscal year 1981, not more than 50 per centum for the fiscal year 1982, and not more than 25 per centum for the fiscal year 1983. (d)(1) If a State is prohibited by law from providing for the participation in programs of children enrolled in private nonprofit elementary and secondary schools, as required by section 8(c), the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of that section. (2) If the Commissioner determines that a State or a local educational agency has substantially failed to provide for the participation on an equitable basis of children enrolled in private nonprofit elementary and secondary schools as required by section 8(c), the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of that section. MODEL PROGRAMS

Grants.

20 USC 2609.

20 USC 1865.

SEC. 10. (a) From funds reserved under section 5(a)(2)(A) of this Act, the Commissioner is authorized to make grants directly to State and local educational agencies, institutions of postsecondary education, and other nonprofit agencies and organizations to support projects, including projects of proven effectiveness, to demonstrate the most effective methods and techniques in career education and to develop exemplary career education models particularly projects designed to eliminate bias and stereotyping on account of race, sex, age, economic status, or handicap. (b) Notwithstanding any other provision of law, no funds may be made available under the provisions of section 406(f)(1) of the Education Amendments of 1974 for grants or contracts with local educational agencies for any fiscal year in which funds are appropriated under this Act and reserved for the purposes of this section under section 5(a)(2)(A). POSTSECONDARY EDUCATIONAL DEMONSTRATION PROJECTS

20 USC 2610.

SEC. 11. (a) The Commissioner is authorized to arrange by way of grant, contract, or other arrangement with institutions of higher education, public agencies and nonprofit private organizations for the conduct of postsecondary educational career demonstration projects which— (1) may have national significance or be of special value in promoting the field of career education in postsecondary educational programs, ^

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Page:United States Statutes at Large Volume 91.djvu/1505

 PUBLIC LAW 95-207—DEC. 13, 1977 (2) have unusual promise of promoting postsecondary career guidance and counseling programs, particularly postsecondary guidance and counseling programs designed to overcome bias and stereotyping on account of race, sex, age, economic status, or handicap, or (3) show promise of strengthening career guidance, counseling, placement, and followup services. (b) The Commissioner shall approve arrangements under subsection (a) of this section if he finds— (1) that the funds for which assistance is sought will be used for one of the purposes set forth in subsection (a) of this section, and (2) that effective procedures, including objective measurements, will be adopted for evaluating at least annually the effectiveness of the project. (c) For the purpose of carrying out the provisions of this section there is authorized to be appropriated $15,000,000 for the fiscal year 1979 and for each fiscal year ending prior to October 1, 1983. (d) Notwithstanding any other provision of law, no funds may be made available under the provisions of section 406(f)(1) of the Education Amendments of 1974 for grants or contracts with institutions of higher education for any fiscal year in which funds are appropriated pursuant to subsection (c) of this section.

91 STAT. 1471

Approval,

Appropriation authorization.

20 USC 1865.

CAREER EDUCATION INFORMATION

SEC. 12. (a) In consultation with members of the National Oocupa- Examination, tional Information Coordinating Committee, the Commissioner shall 20 USC 2611. examine the occupational information needs of individuals and organizations eligible for participation in programs assisted by this Act. The examination shall consider the present activities of the National Occupational Information Coordinating Committee, the State Occupational Information Coordinating Committees, and other occupational information activities of the Office of Education, the National Institute of Education, the Bureau of Labor Statistics, the Employment and Training Administration, and such other Federal agencies as the Commissioner deems appropriate. Upon the conclusion of the examination, the Commissioner shall, either directly or by way of grant, contract or other arrangement, furnish information to interested parties on Federal programs which gather, analyze and disseminate occupational and career information. (b) The Commissioner shall, either directly or by way of grant. Dissemination, contract or other arrangement, disseminate information to interested parties on exemplary career education programs, including but not limited to programs assisted under this Act. ADMINISTRATION

SEC. 13. (a)(1) The Office of Career Education created pursuant to 20 USC 2612. section 406 of the Education Amendments of 1974 shall be the administering agency within the Office of Education.for the review of the State plans, applications, and reports submitted pursuant to this Act. In addition, the Office of Career Education shall perform a national leadership role in furthering the purposes of this Act.

29-194 0

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Page:United States Statutes at Large Volume 91.djvu/1506

 91 STAT. 14f72 Technical assistance.

Infra.

Cooperation between the Office of Education and Institute.

Staff and resources.

20 USC 1865.

PUBLIC LAW 95-207—DEC. 13, 1977 (2) The Office of Career Education shall, upon request, provide technical assistance to all participating State educational agencies and to Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. (b) The National Advisory Council on Career Education created pursuant to section 406 of the Education Amendments of 1974 shall perform the same functions with respect to the programs authorized under this Act as the Council is authorized to perform with respect to the programs authorized under that section. (c) Nothing in this Act shall be construed to prohibit the National Institute of Education from continuing to carry out its functions in the field of career education. The Assistant Secretary o,f Health, Education, and Welfare for Education shall assure such cooperation as the Assistant Secretary deems appropriate between the Office of Education and the Institute to identify research and development priorities and, either directly or through arrangements with public agencies and private organizations (including institutions of higher education), to disseminate the results of the research and development undertaken by the Institute. (d) The Office of Education shall provide the Office of Career Education and the National Advisory Council on Career Education with sufficient staff and resources required to carry out their responsibilities under this Act and under section 406 of the Education Amendments of 1974. (e) Section 406(g)(1)(B) of the Education Amendments of 1974 is amended to read as follows: "(B) not less than fifteen public members broadly representative of the fields of education, guidance, and counseling, the arts, the humanities, the sciences, community services, business and industry, and the general public, including (i) members of organizations of handicapped persons, minority groups knowledgeable with respect to discrimination in employment and stereotyping affecting career choices, and women who are knowledgeable with i respect to sex discrimination and stereotyping, and (ii) not less than two members who shall be representative of labor and of business, respectively.". REPORTS

20 USC 2613.

Contents.

SEC. 14. (a) Unless the Commissioner finds the requirements of this subsection unnecessary, not later than December 31 of each fiscal year each State receiving funds under this Act shall submit to the Commissioner a report evaluating the programs assisted with funds provided under this Act for the preceding fiscal year. Such report shall include— (1) an analysis of the extent to which the objectives set out in the State plan submitted pursuant to section 6 have been fulfilled during that preceding fiscal year; (2) a description of the extent to which the State and local educational agencies within the State are using State and local resources to implement these objectives and a description of the extent to which funds received under this Act have been used to achieve these objectives; and

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