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. tional agencies which is in excess of the cost which may be normally attributed to the cost of education in such local educational agencies, " (E) funds made available under this title will not be allocated to local educational agencies in a manner, such as the matching of local expenditures at a percentage ratio uniform throughout the State, which fails to take into consideration the criteria set forth in paragraphs (A), (B), (C),and(D),. ^ " (F) applications from local educational agencies for funds— "(i) have been developed in consultation with representatives of the educational and training resources available to the area to be served by the applicant, " (ii) are designed to provide the persons to be served with education programs which will make substantial progress toward preparing such persons for a career, "(iii) include assurances of adequate planning to me^t the vocational education needs of potential students in the area or community served by such agency, and, "(iv) include a plan, related to the appropriate comprehensive area manpower plan (if any), for meeting the vocational education needs in the area or community served by such agency; and " (v) indicate how, and to what extent the vocational education programs, services, and activities proposed in the application will meet the needs set forth pursuant to clause ( i i i); and " (G) no local educational agency which is making a reasonable tax effort, as defined by regulations, will be denied funds for the establishment of new vocational education programs solely because the local educational agency is unable to pay the non-Federal share of the cost of such new programs; "(7) provides minimum qualification for teachers, teachertrainees, supervisors, directors, and other personnel having responsibilities for vocational education in the State and the policies and procedures developed to improve the qualifications of such personnel and to insure that such qualifications continue to reflect a direct relationship with the need for personnel in vocational education programs carried out under the State plan; "(8) provides for entering into cooperative arrangements with the system of public employment offices in the State approved by the State board and by the State head of such system, looking toward such offices making available to the State board and local educational agencies occupational information regarding reasonable prospects of employment in the community and elsewhere, and toward consideration of such information by such board and agencies in providing vocational guidance and counseling to students and prospective students and in determining the occupations for which persons are to be trained; and looking toward guidance and counseling personnel of the State board and local educational agencies making available to public employment offices information regarding the occupational qualifications of persons leaving or completing vocational education courses or schools, , and toward consideration of such information by such offices in the occupational guidance and placement of such persons; "(9) provides that in the development of vocational education programs, services and activities under this title, there may be,

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in addition to the cooperative arrangements provided for in paragraph (8), cooperative arrangements with other agencies, organizations, and institutions concerned with manpower needs and job opportunities, such as institutions of higher education, and model city, business, labor, and community action organizations; '• (10) provides that effective use will be made of the results and experience of programs and projects assisted under other parts of this title; "(11) provides assurance that Federal funds made available under this part will be so used as to supplement, and to the extent practical, increase the amount of State and local funds that would in the absence of such Federal funds be made available for the uses set forth in section 122(a), so that all persons in all communities of the State will as soon as possible have ready access to vocational training suited to their needs, interests, and ability to benefit therefrom, and in no case supplant such State or local funds; "(12) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this title; "(13) provides that any local educational agency dissatisfied with final action with respect to any application for funds under this title shall be given reasonable notice and opportunity for a hearing; "(14) provides assurance that the requirements of section 106 will be complied with on all construction projects in the State ass'sted under this title; "(15) provides for compliance with the requirements with respect to the use of funds set forth in section 122(c); " (^16) provides that grants made from sums appropriated under section 102(b) shall (A) be allocated within the State to areas of high concentration of youth unemployment and school dropouts, and (B) be made only if (i) to the extent consistent with the number of students enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which the program or project involved is to meet, provision has been made for the participation of such students, and (ii) effective policies and procedures will be adopted which assure that Federal funds made available under this section to accommodate students in nonprofit private schools will not be commingled with State or local funds; Reports; record"(17) provides for making such reports in such form and con^^^"^^^ taining such information as the Commissioner may reasonably require to carry out his functions under this title, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports; and "(18) includes provisions which shall assure that funds authorized by this title will not be used for any program of vocational education (except homemaking programs under part F) which cannot be demonstrated to (A) prepare students for employment or (B) be necessary to prepare individuals for successful completion of such a program, or (C) be of significant assistance to individuals enrolled in making an informed and meaningful occupational choice. " (b) The Commissioner shall not approve a State plan under this section until he has made specific findings as to the compliance of such plan with the requirements of this part and he is satisfied that adequate

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procedures are set forth to insure that the assurances and provisions of such plan will be carried out. " (c)(1) The Commissioner shall not finally disapprove any plan submitted under subsection (a), or any modification thereof, without first affording the State board submitting the plan reasonable notice and opportunity for a hearing. "(2) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering a State plan approved under subsection (a), finds that— " (A) the State plan has been so changed that it no long-er complies with the provisions of subsection (a), or " (B) in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State board that no further payments will be made to the State under this title (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure) until he is satisfied that there will no longer be any failure to comply. LTntil he is so satisfied, the Commissioner shall make no further payments to such State under this title (or shall limit payments to programs under or portions of the State plan not affected by such failure). "(3) A State board which is dissatisfied with a final action of the du'^^.^^^diJa"' Commissioner under this subsection or subsection (b) may appeal to review. the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the Jl^^^^^\^\\^' filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of " Stat. 928. proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. " (d)(1) If any local educational agency is dissatisfied with the final action of the State board with respect to approval of an application by such local agency for a grant pursuant to this title, such local agency may, within sixty days after such final action or notice thereof, whichever is later, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the State board. The State board thereupon shall file in the court the record of the proceedings on which the State board based its action as provided in section 2112 of title 28, United States Code. "(2) The findings of fact by the State board, if supported by substantial evidence shall be conclusive; but the court, for good cause

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shown, may remand the case to the State board to take further evidence, and the State board may thereupon make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. "(3) The court shall have jurisdiction to affirm the action of the State board or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "PAYMENTS TO STATES

"SEC. 124. (a) The Commissioner shall pay, from the amount available to the State for grants under this part, to each State an amount equal to 50 per centum of the State and local expenditures in carrying out its State plan as approved pursuant to section 123, except that— "(1) allotments of States under section 103 from sums appropriated under section 102(b) may be used, at the discretion of the Commissioner, for paying all or part of the expenditures of the States from such allotments; and " (2) in the case of the Trust Territory of the Pacific Islands and American Samoa, such amount shall be equal to 100 per centum of such expenditures. " (b) Payments under this title may be made in installments and in advance or by w ay of reimbursement, with necessary adjustments on account of overpayments or underpayments. " (c) No payments shall be made in any fiscal year under this title to any local educational agency or to any State unless the Commissioner finds, in the case of a local educational agency, that the combined fiscal effort of that agency and the State with respect to the provision of A^ocational education by that agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the second preceding fiscal year or, in the case of a State, that the fiscal effort of that State for vocational education in that State for the preceding fiscal year was not l e ^ than such fiscal effort for vocational education for the second preceding fiscal year. " P A R T C—RESEARCH AND TRAINING I N VOCATIONAL EDUCATION "AUTHORIZATION or GRANTS AND CONTRACTS

"SEC. 131. (a) From 50 per centum of the sums available to each State for the purposes of this part the Commissioner is authorized to make grants to and contracts with institutions of higher education, public and private agencies and institutions. State boards, and, with the approval of the appropriate State board, to local educational agencies in that State for the purposes set forth in section 132, except that no grant may be made other than to a nonprofit agency or institution. " (b) The remaining 50 per (^entum of the sums available to each State for the purposes of this part shall lie used by its State board, in accordance with its State plan, (1) for paying up to 75 per centum of the costs of the State research coordination unit, and (2) for grants to colleges and universities, and other public or nonprofit private agencies and institutions, and local educational agencies and contracts with private agencies, organizations, and institutions to pay 90 per centum of the costs of programs and projects for (i) research and training programs, (ii) experimental, developmental, or pilot programs developed by such institutions and agencies and designed to meet the special vocational needs of youths, particularly youths in economically depressed communities who have academic, socioeconomic,

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or other handicaps that prevent them from succeeding in the regular vocational education programs, and (iii) the dissemination of information derived from the foregoing programs or from research and demonstrations in the field of vocational education, which programs and projects have been recommended Ijy the State research coordination unit or by the State advisory council. "USES OF FEDERAL FUNDS

"SEC. Ifi2. The funds available for grants and contracts under section 131(a) may be used for— " (1) research in vocational education; "(2) training programs designed to familiarize persons involved in vocational education with research findings and successful pilot and demonstration projects in vocational education; "(3) experimental, developmental, and pilot programs and projects designed to test the effectiveness of research findings; " (4) demonstration and dissemination projects; "(5) the development of new vocational education curricula; and "(6) projects in the development of new careers and occupations, such as— " (A) research and experimental projects designed to identify new careers in such fields as mental and physical health, crime prevention and correction, welfare, education, municipal services, child care, and recreation rec^uiring less training than professional positions and to delineate within such careers roles with the potential for advancement from one level to another; " (B) training and development projects designed to demonstrate improved methods of securing the involvement, cooperation, and commitment of both the public and private sectors toward the end of achieving greater coordination and more effective implementation of programs for the employment of persons in the fields described in subparagraph (A), including programs to prepare professionals (including administrators) to work effectively with aides; and " (C) projects to evaluate the operation of programs for the training, development, and utilization of public service aides, particularly their effectiveness in providing satisfactory work experiences and in meeting public needs. "APPLICATIONS

"SEC. 133. (a) A grant or contract under section 131(a) may be made upon application to the Commissioner at such time or times, in such manner, and containing, or accompanied by, such information as the Commissioner deems necessary. Such application shall contain— "(1) a description of the nature, duration, purpose, and plan of the project; " (2) the qualifications of the principal staff who will be responsible for the project; "(3) a justification of the amount of grant funds requested; "(4) the portion of the cost to be borne by the applicant; and "(5) such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant. " (b) The Commissioner may not approve an application until such application has been reviewed by a panel of experts who are not employees of the Federal Government.

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"PAYMENTS

"SEC. 134. From the amount available for grants or contracts under section 131(a), the Commissioner shall pay to each applicant part of the amount expended by such applicant in accordance with the application approved pursuant to section 133. " P A R T D—EXEMPLARY PROGRAMS AND PROJECTS "FINDINGS AND PURPOSE

"SEC. 141. The Congress finds that it is necessary to reduce the continuing seriously high level of youth unemployment by developing means for giving the same kind of attention as is now given to the college preparation needs of those young persons who go on to college, to the job preparation needs of the two out of three young persons who end their education at or before completion of the secondary level, too many of whom face long and bitter months of job hunting or marginal work after leaving school. The purposes of this part, therefore, are to stimulate, through Federal financial support, new ways to create a bridge between school and earning a living for young people, who are still in school, who have left school either by graduation or by dropping out, or who are in postsecondary programs of vocational preparation, and to promote cooperation between public education and manpower agencies. "AUTHORIZATION OF GRANTS AND CONTRACTS

Appropriations.

State allotments.

"SEC. 142. (a) There are hereby authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1969, $57,500,000 for the fiscal year ending June 30, 1970, and $75,000,000 for each of the two succeeding fiscal years to enable the Commissioner to carry out the provisions of this part. " (b)(1) From the sums appropriated pursuant to this part the Commissioner shall reserve such amount, but not in excess of 3 per centum thereof, as he may determine and shall allot such amount among Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territories of the Pacific Islands according to their respective needs for assistance under this part. " (2) From the remainder of such sums the Commissioner shall allocate $200,000 to each State (except for those provided for in paragraph (1)), and he shall in addition allocate to each such State an amount which bears the same ratio to any residue of such remainder as the population aged fifteen to nineteen, both inclusive, in the State bears to the population of such ages in all such States. "(c) From 50 per centum of the sums allotted to each State for the purposes of this part, the Commissioner is authorized to make grants to or contracts with State boards or local educational agencies for the purpose of stimulating and assisting in the development, establishment, and operation of programs or projects designed to carry out the purposes of this part. The Commissioner also may make, in such State from such sums, grants to other public or nonprofit private agencies, organizations, or institutions, or contracts with public or private agencies, organizations, or institutions, when such grants or contracts will make an especially significant contribution to attaining the objectives of this part. " (d) The State board may use the remaining 50 per centum of such sums for making grants to local educational agencies or other public or nonprofit private agencies, organizations, or institutions, or contracts with public or private agencies, organizations, or institutions

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including business and industrial concerns, upon such terms and conditions consistent with the provisions of this part and with its State plan approved pursuant to section 123, as it determines will most effectively carry out the development, establishment, and operation of exemplary and innovative occupational education programs or projects designed to serve as models for use in vocational education programs. " U S E S o r FUNDS

"SEC, 143. (a) Grants or contracts pursuant to this part may be made, upon terms and conditions consistent with the provisions of this part, to pay all or part of the cost of— "(1) planning and developing exemplary programs or projects such as those described in paragraph (2), or " (2) establishing, operating, or evaluating exemplary programs or projects designed to carry out the purposes set forth in section 141, and to broaden occupational aspirations and opportunities for youths, with special emphasis given to youths who have academic, socioeconomic, or other handicaps, which programs or projects may, among others, include— " (A) those designed to familiarize elementary and secondary school students with the broad range of occupations for which special skills are required and the requisites for careers in such occupations; " (B) p r o - a m s or projects for students providing educational experiences through work during the school year or in the summer; " (C) programs or projects for intensive occupational guidance and counseling during the last years of school and for initial job placement; " (D) programs or projects designed to broaden or improve vocational education curriculums; " (E) exchanges of personnel between schools and other agencies, institutions, or organizations participating in activities to achieve the purposes of this part, including manpower agencies and industry; " (F) programs or projects for young workers released from their jobs on a part-time basis for the purpose of increasing their educational attainment; and " (G) programs or projects at the secondary level to motivate and provide preprofessional preparation for potential teachers for vocational education. " (b)(1) A grant or contract pursuant to this part may be made only if the Commissioner is in the case of grants or contracts made by him, or the State board, in the case of grants or contracts made by it, determines— " (A) that effective procedures will be adopted by grantees and contractors to coordinate the development and operation of other programs and projects carried out under grants or contracts pursuant to this part, with the appropriate State plan, and with other public and private programs having the same or similar purposes; " (B) that to the extent consistent with the number of students enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which the program or project involved is to meet, provision has been made for the participation of such students; and " (C) that effective policies and procedures will be adopted which assure that Federal funds made available under this part will not be commingled with State or local funds.

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"(2) The amount available to a State pursuant to section 142(d) shall be available for obligation for grants or contracts pursuant to the State plan approved under section 123, for paying all of the cost of programs described in section 142(d) and section 143(a) during that year and the succeeding fiscal year. "(3) No grant or contract (other than a grant or contract with a State board) shall be made by the Commissioner under section 142(c) with respect to any program or project unless such program or project has been submitted to the State board in the State in which it is to be conducted and has not been disapproved by the State board within sixty days of such submission or within such longer period of time as the Commissioner may determine pursuant to regulations. "(4) Notwithstanding any other provision of law, unless hereafter enacted expressly in limitation of the provisions of this paragraph, funds available to Commissioner pursuant to section 142(c) shall remain available until expended. "PAYMENTS

"SEC. 144. From the amount available for grants and contracts, under this part pursuant to section 142(c), in the appropriate State, the Commissioner shall pay to each applicant an amount equal to the amount expended by such applicant in accordance with the approved application. Such payment may be made on such terms as are approved in such application. Payment pursuant to grants under this part may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Commissioner may determine, "LIMITATION ON DURATION OF ASSISTANCE

"SEC. 145. Financial assistance may not be given under this part to any program or project for a period exceeding three years. " P A R T E—RESIDENTIAL VOCATIONAL EDUCATION a DEMONSTRATION SCHOOLS

Urban areas.

Appropriation.

"SEC. 151. (a) For the purpose of demonstrating the feasibility and desirability of residential vocational education schools for certain 3'ouths of high school age, the Commissioner is authorized to make grants, out of sums appropriated pursuant to subsection (b) to State boards, to colleges and universities, and with the approval of the appropriate State board, to public educational agencies, organizations or institutions for the construction, equipment, and operation of residential schools to provide vocational education (including room, board, and other necessities) for youths, at least fifteen years of age and less than twenty-one years of age at the time of enrollment, who need fulltime study on a residential basis in order to benefit fully from such education. I n making such grants, the Commissioner shall give special consideration to the needs of large urban areas having substantial numbers of youths who have dropped out of school or are unemployed and shall seek to attain, as nearly as practicable in the li^ht of the purposes of this section, an equitable geographical distribution of such schools. "(b) There are authorized to be appropriated for the purpose of this section $25,000,000 for the fiscal year ending June 30, 1969, $30,000,000 for the fiscal year ending June 30, 1970, and $35,000,000 each for the fiscal year ending June 30, 1971, and for the succeeding fiscal year.

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"STATE PROGRAMS

"SEC. 152. (a)(1) There are hereby authorized to be appropriated Appropriation. $15,000,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970, for grants to the States to provide residential vocational education facilities in accordance with the provisions of this section. "(2) From the sums appropriated under paragraph (1), the Com- ^*^*^ allotments. niissioner shall allot to each State an amount which bears the same ratio to such sums as the population of each State bears to the population of all the States. " (3) For purposes of this section— " (A) the term 'State* does not include Guam, American Samoa, "State." the Virgin Islands, and the Trust Territory of the Pacific Islands; " (B) the amount allotted under this subsection to any State for the fiscal year ending June 30, 1969, shall be available for payments to applicants with approved applications in that State during that year and the next fiscal year; and " (C) the amount of any State's allotment under subsection (a)(2) for any fiscal year, which the Commissioner determines will not be required for such fiscal year for carrying out the State's plan approved under subsection (b), shall be available for reallotment from time to time, on such dates during such year as the (\)mmissioner mayfix,and on the basis of such factors as he determines to be equitable and reasonable, to other States which as determined by the Commissioner are able to use without delay any amounts so reallotted for the purposes set forth in subsection (b). Any amount reallotted to a State under this paragraph during such year Shall be deemed part of its allotment for such year. "(b)(1) Funds allotted to the States under subsection (a) shall be used by the State, or, with the approval of the State boards, by public educational agencies, organizations, or institutions within such State, to pay the Federal share of the cost of planning, constructing, and operating residential vocational education facilities to provide vocational education (including room, board, and other necessities) for youths, at least age fourteen but who have not attained age twenty-one at the time of admission to the training program, who need full-time study on a residential basis and who can profit from vocational education instruction. In the administration of the program conducted under this section, special consideration shall be given to needs in geographical areas having substantial or disproportionate numbers of youths who have dropped out of school or are unemployed, and to serving persons from such areas. "(2) For purposes of this section, the Federal share of the cost of share^*^'^*"^^"^ planning, constructing, and operating residential vocational education facilities shall not exceed 90 per centum of the costs incurred in any fiscal year. "(c) For purposes of this section the State plan approved under section 123 shall set forth the policies and procedures to be used by the State in determining the size and location of such residential vocational facilities, taking into account the use of existing vocational education facilities. Such policies and procedures must give assurance Policies and .•1

,

••

••

«=•

that— " (1) adequate provision will be made for the appropriate selection without regard to sex, race, color, religion, national origin or place of residence within the State of students needing education and training at such school: "(2) the residential school facility will be operated and maintained for the purpose of conducting a residential vocational education school program;

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"(3) vocational course offerings at such school will include fields for which available labor market analyses indicate a present or continuing need for trained manpower, and that the courses offered will be appropriately designed to prepare enrollees for entry into employment or advancement in such fields; and "(4) no fees, tuition, or other charges will be required of students who occupy the residential vocational education facility. " (d) For purposes of this section— " (1) the term 'residential school facility' means a school facility (as defined in section 108(3)), used for residential vocational education purposes. Such term also includes dormitory, cafeteria, and recreational facilities, and such other facilities as the Commissioner determines are appropriate for a residential vocational education school, " (2) the term 'operation' means maintenance and operation, and includes the cost of salaries, equipment, supplies, and materials, and may include but is not limited to other reasonable costs of services and supplies needed by residential students, such as clothing and transportation. GRANTS TO REDUCE BORROWING COSTS FOR SCHOOLS A N D DORMITORIES

Appropriation authorization. Limitation.

"SEC. 153. (a) The Commissioner is authorized to make annual grants to State boards, to colleges and universities, and with the approval of the appropriate State board, to public educational agencies, organizations, or institutions to reduce the cost of borrowing funds for the construction of residential schools and dormitories to provide vocational education for youths, at least fourteen years of age and less than twenty-one years of age at the time of enrollment, who need full-time study on a residential basis in order to benefit fully from such education. In making contracts for such grants, the Commissioner shall give special consideration to the needs of urban and rural areas having substantial numbers of youths who have dropped out of school or are unemployed and shall seek to attain an equitable geographical distribution of such schools. "(b) Annual grants with respect to the construction of any such residential school shall be made over a fixed period not exceeding forty years, and provision for such grants shall be embodied in a contract guaranteeing their payment over such period. Each such grant shall be in an amount equal to the difference between (1) the average annual debt service required to be paid, during the life of the loan, on the amount borrowed for the construction of such facilities, and (2) the average annual debt service which the institution would be required to pay, during the life of the loan, with respect to such amounts if the applicable interest rate were 3 per centum per annum. "(c) The Commissioner shall not enter into a contract for grants under this section unless he determines that the amount borrowed does not exceed the total cost of construction of the facilities, and that such construction will be undertaken in an economical manner and will not be of elaborate or extravagant design or materials. " (d)(1) There are hereby authorized to be appropriated such sums as may be necessary for the payment of annual grants in accordance with this section. "(2) Contracts for annual grants under this section shall not be entered into for an aggregate amount greater than is authorized in appropriation Acts; and in any event the total amount of annual grants which may be paid in any year pursuant to contracts entered into under this section shall not exceed $5,000,000, which amount shall be increased by $5,000,000 on July 1, 1969.

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"PART F—CONSUMER AND HOMEMAKING EDUCATION 'AUTHORIZATION '(<

"SEC. 161. (a)(1) There are hereby authorized to be appropriated Appropriation. for the fiscal year ending June 30, 1970, $25,000,000, for the fiscal year ending June 30, 1971, $35,000,000, and for the fiscal year ending June 30, 1972, $50,000,000, for the purposes of this part. From the state aii^otment sums appropriated pursuant to this paragraph for each fiscal year, '=°"'P"tation. the Commissioner shall allot to each State an amount which shall be computed in the same manner as allotments to States under section 103 except that, for the purposes of this section, there shall be no reservation of 10 per centum of such sums for research and training programs and 100 per centum of the amount appropriated pursuant to this section shall be allotted among the States. "(2) The amount of any State's allotment under paragraph (1) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the part of the State's plan approved under subsection (b) shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, and on the basis of such factors as he determines to be equitable and reasonable, to other States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for the purposes set forth in subsection (b). Any amount reallotted to a State under this paragraph during such year shall be deemed part of its allotment for such year. "(b) For purposes of this part the State plan approved under sec- Purposes. tion 123 shall set forth a program under which Federal funds paid to a State from its allotment under subsection (a) will be expended solely for (1) educational programs which (A) encourage home economics to give greater consideration to social and cultural conditions and needs, especially in economically depressed areas, (B) encourage preparation for professional leadership, (C) are designed to prepare youths and adults for the role of homemaker, or to contribute to the employability of such youths and adults in the dual role of homemaker and wage earner, (D) include consumer education programs, and (E) are designed for persons who have entered, or are preparing to enter, the work of the home, and (2) ancillary services, activities and other means of assuring quality in all homemaking education programs, such as teacher training and supervision, curriculum development research, program evaluation, special demonstration and experimental programs, development of instructional materials, provision of equipment, and State administration and leadership. "(c) From a State's allotment under this section for the fiscal year ending June 30, 1970, and for each fiscal year thereafter, the Commissioner shall pay to such State an amount equal to 50 per centum of the amount expended for the purposes set forth in subsection (b), except that, for the fiscal year ending June 30, 1970, and the two succeeding fiscal years, the Commissioner shall pay an amount equal to 90 per centum of the amount used in areas described in subsection (d). No State shall receive payments under this section for any fiscal year in excess of its allotment under subsection (a) for such fiscal year. " (d) At least one-third of the Federal funds made available under Programs for economically dethis section shall be used in economically depressed areas or areas with pressed areas. high rates of unemployment for programs designed to assist consumers and to help improve home environments and the quality of family life.

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PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

" P A R T G—COOPERATIVE VOCATIONAL EDUCATION PROGRAMS "FINDINGS AND PURPOSE

"SEC. 171. The Congress finds that cooperative work-study programs offer many advantages in preparing young people for employment. Through such programs, a meaningful work experience is combined vrith formal education enabling students to acquire knowledge, skills, and appropriate attitudes. Such programs remove the artificial barriers which separate work and education and, by involving educators with employers, create interaction whereby the needs and problems of both are made known. Such interaction makes it possible for occupational curricula to be revised to reflect current needs in various occupations. I t is the purpose of this part to assist the State to expand cooperative work-study programs by providing financial assistance for personnel to coordinate such programs, and to provide instruction related to the work experience; to reimburse employers when necessarv for certain added costs incurred in providing on-the-job training tnrough work experience; and to pay costs for certain services, such as transportation of students or other unusual costs that the individual students may not reasonably be expected to assume while pursuing a cooperative workstudy program. "AUTHORIZATIONS

Appropriation.

AND

ALIX)TMENTS

"SEC. 172. (a) There is authorized to be appropriated for the fiscal year ending June 30, 1969, $20,000,000, for the fiscal year ending June 80, 1970, $35,000,000, for the fiscal year ending June 30, 1971, $50,000,000, and for the fiscal year ending June 30, 1972, $75,000,000, for making grants to the States for programs of vocational education designed to prepare students for employment through cooperative work-study arrangements. State and terri" (b)(1) From the sums appropriated pursuant to this section for torial allotments. each fiscal year, the Commissioner shall reserve such amount, but not in excess of 3 per centum thereof, as he may determine, and shall apportion such amount among Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, according to their respective needs for assistance under this section. From the remainder of such sums the Commissioner shall allocate $200,000 to each State, and he shall in addition allocate to each State an amount which bears the same ratio to any residue of such remainder as the population aged fifteen to nineteen, both inclusive, in the State bears to the population of such ages in all the States. For purposes of the preceding sentence, the term 'State' does not include the areas referred to in the first sentence of this paragraph. " (2) The amount of any State's allotment under this section for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the part of the State's plan approved under section 173 shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, and on the basis of such factors as he determines to be equitable and reasonable, to other States which as determined by the Commissioner are able to use without delay any amounts so realtotted for the purposes set forth in section 173. Any amount reallotted to a State under this paragraph during such year shall be deemed part of its allotment for such year. " (3) The population of particular age groups of a State or of all the States shall be determined by the Commissioner on the basis of the latest available estimates furnished by the Department of Commerce.

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Page:United States Statutes at Large Volume 82.djvu/1129

 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968 "PLAN REQUIREMENT

"SEC. 173. (a) A State, in order to participate in the program authorized by this part, shall submit, as part of its State plan, to the Commissioner, through its State board, a plan which shall set forth policies and procedures to be used by the State board in establishing cooperative work-study programs through local educational agencies with participation of public and private employers. Such policies and procedures must give assurance that— "(1) funds will be used only for developing and, operating cooperative work-study programs as defined m section 175 which provide training opportunities that may not otherwise be available and which are designed to serve persons who can benefit from such programs; "(2) necessary procedures are established for cooperation with employment agencies, labor groups, employers, and other community agencies in identifying suitable jobs for persons who enroll in cooperative work-study programs; "(3) provision is made for reimbursement of added costs to employers for on-the-job training of students enrolled in cooperative programs, provided such on-the-job training is related to existing carrier opportunities susceptible of promotion and advancement and does not displace other workers who perform such work; "(4) ancillary services and activities to assure quality in cooperative work-study programs are provided for, such as preservice and inservice training for teacher coordinators, supervision, curriculum materials, and evaluation; "(5) priority for funding cooperative work-study programs through local educational agencies, is given to areas that have high rates of school dropouts and youth unemployment; "(6) to the extent consistent with the number of students enrolled in nonprofit private schools in the area to)3e served, whose educational needs are of the type which the program or project involved is to meet, provision has been made for the participation of such students; "(7) Federal funds made available under this part will not be commingled with State or local funds; and "(8) such accounting, evaluation, and follow-up procedures as the Commissioner deems necessary will be provided. "(b) The Commissioner shall approve such part of its State plan which fulfills the conditions specified above, and the provisions of part B (relating to the disapproval of State plans) shall apply to this section. USE OF F U N D S

"SEC. 174. Funds allocated under this part for cooperative workstudy programs shall be available for paying all or part of the State's expenditures under its State plan for this part for any fiscal year, but not in excess of its allotment under section 172. "DEFINITION

"SEC. 175. For purposes of this part, the term 'cooperative workstudy program' means a program of vocational education for persons who, through a cooperative arrangement between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, but these two experiences must be planned and supervised by the school and employers so that each con-

1087

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Page:United States Statutes at Large Volume 82.djvu/1130

 1088

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

tributes to the student's education and to his employability. Work periods and school attendance may be on alternate half-days, full-days, weeks, or other periods of time in fulfilling the cooperative workstudy program. " P A R T H—^WORK-STUDY PROGRAMS FOR VOCATIONAL EDUCATION STUDENTS "AUTHORIZATION OF APPROPRIATIONS AND ALLOTMENT

"SEC. 181. (a) There are hereby authorized to be appropriated $35,000,000 for each of the fiscal years ending June 30, 1969 and June 30, 1970 for the purposes of this part. " (b)(1) From the sums appropriated pursuant to this section for each fiscal year, the Commissioner shall allot to each State an amount which bears the same ratio to such sums for such year as the population aged fifteen to twenty, inclusive, of the State, in the preceding fiscal year bears to the population aged fifteen to twenty, inclusive, of all the States in such preceding year. "(2) The amount of any State's allotment under paragraph (1) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the part of the State's plan approved pursuant to section 182 shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under paragraph (1) for such year, but with such proportionate amount for any such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this paragraph during such year shall be deemed part of its allotment for such year. "PLAN REQUIREMENT

"SEC. 182. (a) To be eligible to participate in the program authorized by this part, a State shall submit as a part of its State plan through its State board to the Commissioner a plan, in such detail as the Commissioner determines necessary, which— " (1) designates the State board as the sole agency for administration of the plan, or for supervision of the administration thereof by local educational agencies; "(2) sets forth the policies and procedures to be followed by the State in approving work-study programs, under which policies and procedures funds paid to the State from its allotment under section 181 will be expended solely for the payment of compensation of students employed pursuant to work-study programs which meet the requirements of subsection (b), except that not to exceed 1 per centum of any such allotment, or $10,000, whichever is the greater, may be used to pay the cost of developing the plan required by this section and the cost of administering such plan after its approval under this section; "(3) sets forth principles for determining the priority to be accorded applications from local educational agencies for workstudy programs, which principles shall give preference to applications submitted by local educational agencies serving communities having substantial numbers of youths who have dropped out of school or who are unemployed, and provides for undertaking such programs, insofar as financial resources available therefor make possible in the order determined by the application of such principles;

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Page:United States Statutes at Large Volume 82.djvu/1131

 82 STAT. ]

PUBLIC LAW 90- 576-OCT. 16, 1968

1089

" (4) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this part; and "(5) provides for making such reports in such form and con- Reports; recordtaining such information as the Commissioner may reasonably **P^"«-, require to carry out his functions under this part, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. " (b) For the purposes of this section, a work-study program shall— "(1) be administered by the local educational agency and made reasonably available (to the extent of available funds) to all youths in the area served by such agency who are able to meet the requirements of paragraph (2); "(2) provide that employment under such work-study program. ^j'"'^^"* ^^^^^" shall be furnished only to a student who (A) has been accepted for enrollment as a full-time student in a vocational education program which meets the standards prescribed by the State board and the local educational agency for vocational education programs assisted under this title, or in the case of a student already enrolled in such a program, is in good standing and in full-time attendance, (B) is in need of the earnings from such employment to commence or continue his vocational education program, and (C) is at least fifteen years of age and less than twenty-one years of age at the commencement of his employment, and is capable, in the opinion of the appropriate school authorities, of maintaining good standing in his vocational education program while employed under the work-study program; "(3) provide that no student shall be employed under such workweek, I '. ^ i

«

.1

r'Pi

1

•

1 '

compensation;

work-study program to r more than fifteen hours m any week m limitations. which classes in which he is enrolled are in session, or for compensation which exceeds $45 in any month or $350 in any academic year or its equivalent, unless the student is attending a school which is not within reasonable commuting distance from his home, in which case his compensation may not exceed $60 in any month or $500 in any academic year or its equivalent; " (4) provide that employment under such work-study program shall be for the local educational agency or for some other public agency or institution; and "(5) provide that, in each fiscal year during which such program remains in effect, such agency shall expend (from sources other than payments from Federal funds under this section) for the employment of its students (whether or not in employment eligible for assistance under this section) an amount that is not less than its average annual expenditure for work-study programs of a similar character during the three fiscal years preceding the fiscal year in which its work-study program under this section is approved, "(c) The provisions of part B shall be applicable to the Commissioner's actions with respect to plans submitted under this section. "PAYMENTS

"SEC. 183. (a) From a State's allotment under this section for the fiscal year ending June 30, 1969, and for the fiscal year ending June 30, 1970, the Commissioner shall pay to such State an amount equal to 80 per centum of (1) the amount expended for compensation of students employed pursuant to work-study programs under the part of the

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Page:United States Statutes at Large Volume 82.djvu/1132

 1090

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

State's plan approved under section 182, plus (2) an amount, not to exceed 1 per centum of such allotment, or $10,000, whichever is the greater, expended for the development of such plan and for the administration of such plan after its approval by the Commissioner. No State shall receive payments under this section for any fiscal year in excess of its allotment under section 181 for such fiscal year. "(b) Such payments (adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance on the basis of such estimates, in such installments, and at such times, as may be reasonably required for expenditures by the States of the funds allotted under section 181. "STATUS OF PARTICIPANTS

"SEC. 184. Students employed in work-study programs under this part shall not by reason of such employment be deemed employees of the United States, or their service Federal service, for any purpose. " P A R T I—CURRICULUM DEVELOPMENT I N VOCATIONAL AND TECHNICAL EDUCATION "AUTHORIZATION

Appropriation.

Funds, use.

"SEC. 191. (a) The Congress finds that curriculum development in vocational education is complicated by the diversity of occupational objectives; variations due to geography; differences in educational levels and types of programs; and by the wide range of occupations which includes, but is not limited to, agriculture, food processing and preparation, trades and industry, distribution and marketing, technical, public service, health services, business, and office occupations. I t is therefore the purpose of this section to enable the Commissioner to provide appropriate assistance to State and local educational agencies in the development of curriculums for new and changing occupations, and to coordinate improvements in, and dissemination of, existing curriculum materials. " (b) There are authorized to be appropriated $7,000,000 for the fiscal year ending June 30, 1969, and $10,000,000 for the fiscal year ending June 30, 1970, for the purposes set forth in this section. " (c)(1) Sums appropriated pursuant to subsection (b) shall be used by the Commissioner, after consultation with the appropriate State agencies and the National Council, to make grants to or contracts with colleges or universities. State boards, and other public or nonprofit private agencies and institutions, or contracts with public or private agencies, organizations, or institutions— " (A) to promote the development and dissemination of vocational education curriculum materials for use in teaching occupational subjects, including curriculums for new and changing occupational fields; " (B) to develop standards for curriculum development in all occupational fields; " (C) to coordinate efforts of the States in the preparation of curriculum materials and prepare current lists of curriculum materials available in all occupational fields; " (D) to survey curriculum materials produced by other agencies of Government, including the Department of Defense; " (E) to evaluate vocational-technical education curriculum materials and their uses; and " (F) to train personnel in curriculum development.

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Page:United States Statutes at Large Volume 82.djvu/1133

 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968

1091

"(2) For purposes of this subsection, 'curriculum materials' means ^ i,

^. ^.

,.

.

„

'

.

•

i

i»

•

"Curriculum materials."

materials consisting or a series or courses to cover instruction in any occupational field in vocational education which are designed to prepare persons for employment at the entry level or to upgrade occupational competencies of those previously or presently employed in any occupational field." EFFECTIVE DATE

SEC. 102. (a) Except as provided in subsection (b), the amendments made by section 101 shall become effective upon enactment. (b) The amendments made by this Act to the Vocational Education Act of 1968 shall not, during the fiscal year ending June 30, 1969, apply with respect to programs which are continuations of programs (including programs under part H) carried on under any State's plan during the preceding fiscal year. REPEAL OF EARLIER VOCATIONAL EDUCATION ACTS

SEC. 103. Effective July 1, 1969, the Vocational Education Act of 1946 (the Act of June 8, 1936, as amended, 20 U.S.C. 15i-15m, 15o15q, 15aa-15jj, 15aaa-15ggg)j section 1 of the Act of March 3, 1931, ^ ^o^^tat. 775; relating to vocational education in Puerto Rico (20 U.S.C. 30), the 72 stat! isls. Act of March 18, 1950, relating to vocational education in the Virgin 46 Stat. i489. Islands (20 U.S.C. 31-33), section 9 of the Act of August 1, 1956, re- ^^ Stat. 27. lating to vocational education in Guam (20 U.S.C. 34), and section 2 ^o Stat. 909. of the Act of September 25, 1962, relating to vocational education in American Samoa (48 U.S.C. 1667) are repealed. 76 Stat. 586. USE OF FUNDS AVAILABLE UNDER THE SMITH-HUGHES ACT

SEC. 104. Funds appropriated by the first section of the SmithHughes Act (that is the Act approved February 23, 1917, 39 Stat. 929, as amended (20 U.S.C. 11-15, 16-28)), shall be considered as funds appropriated pursuant to section 102(a) of this Act. TITLE II—VOCATIONAL EDUCATION L E A D E E S H I P AND PROFESSIONAL DEVELOPMENT AMENDMENT OF H I G H E R E D U C A T I O N ACT O F 1965 SEC. 201. The Higher Education Act of 1965 is amended by inserting the following new part at the end of title V (the Education Professions Development Act): r

/

"PART F — T R A I N I N G AND DEVELOPMENT PROGR^VMS FOR VOCATIONAL EDUCATION PERSONNEL uSTATEMENT OF PURPOSE

"SEC. 551. I t is the purpose of this part to provide opportunities for experienced vocational educators to spend full-time in advanced study of vocational education for a period not to exceed three years in length; to provide opportunities to up-date the occupational competencies of vocational education teachers through exchanges of personnel between vocational education programs and commercial, industrial, or other public or private employment related to the subject matter of vocational education; and to provide programs of inservice teacher education and short-term institutes for vocational education personnel.

79 Stat. 1254; gl Stat. 93. 20 USC 1091-

iii9b-2.

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Page:United States Statutes at Large Volume 82.djvu/1134

 1092

PUBLIC LAW 90-576-OCT. 16, 1968 ((LEADERSHIP

Eligibility.

Pay to individuals.

Pay to educational institution.

Approval pro-

Apportionment.

[82 STAT.

DEVELOPMENT AWARDS

"SEC. 552. (a) I n order to meet the needs in all the States for qualified vocational education personnel (such as administrators, supervisors, teacher educators, researchers, and instructors in vocational education programs) the Commissioner shall make available leadership development awards in accordance with the provisions of this part only upon his determination that— " (A) persons selected for awards have had not less than two years of experience in vocational education or in industrial training, or military technical training; or, in the case of researchers, experience in social science research which is applicable to vocational education; or " (B) persons receiving such awards are currently employed or are reasonably assured of employment in vocational education and have successfully completed, as a minimum, a baccalaureate degree program; or " (C) persons selected are recommended by their employer, or others, as having leadership potential in the field of vocational education and are eligible for admission as a graduate student to a program of higher education approved by the Commissioner under subsection (c). " (b)(1) The Commissioner shall pay to persons selected for leadership development awards such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. "(2) The Commissioner shall (in addition to the stipends paid to persons under paragraph (1)) pay to the institution of higher education at which such person is pursuing his course of study such amount as the Commissioner may determine to be consistent with the prevailing practices under comparable federally supported programs not to exceed the equivalent of $3,500 per academic year, but any amount charged such person for tuition and nonrefundable fees and deposits shall be deducted from the amount payable to the institution of higher education under this subsection. "(c) The Commissioner shall approve the vocational education leadership development program of an institution of higher education by the institution only upon finding that— "(1) the institution offers a comprehensive program in vocational education with adequate supporting services and disciplines such as education administration, guidance and counseling, research, and curriculum development; "(2) such program is designed to further substantially the objective of improving vocational education through providing opportunities for graduate training of vocational education teadiers, supervisors, and administrators, and of university level vocational education teacher educators and researchers; "(3) such programs are conducted by a school of graduate study in the institution of higher education; and " (4) such program is also approved by the State board for vocational education in the State where the institution is located. " (d) I n order to meet the needs for qualified vocational education personnel such as teachers, administrators, supervisors, and teacher educators, in vocational education programs in all the States, the Commissioner in carrying out this section shall apportion leadership development awards equitably among the States, taking into account such factors as the State's vocational education enrollments, and the incidence of youth unemployment and school dropouts in the State.

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Page:United States Statutes at Large Volume 82.djvu/1135

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PUBLIC LAW 90-576-OCT. 16, 1968

1093

"(e) Persons receiving leudership awards under the provisions of this section shall continue to receive the payments provided in subsection (b) only during such periods as the Commissioner finds that they are maintaining satisfactory proficiency in, and devoting essentially full-time to, study or research in the field of vocational education in an institution of higher education, and are not engaging in gainful employment, other than part-time employment by such institution in teaching, research, or similar activities, approved by the Commissioner. " E X C H A N G E PROGRAMS, INSTITUTES, AND INSERVICE EDUCATION FOR VOCATIONAL-EDUCATION TEACHERS, SUPERVISORS, COORDINATORS, AND ADMINISTRATORS

"SEC. 553. (a) The Commissioner is authorized to make grants to State boards, as defined in the Vocational Education Act of 1963, to ^"'«' P- lo^i. pay the cost of carrying out cooperative arrangements for the training or retraining of experienced vociitional education personnel such as teachers, teacher educators, administrators, supervisors, and coordinators, and other personnel, in order to strengthen education programs supported by this part and the administration of schools offering vocational education. Such cooperative arrangements may be between schools offering vocational education and private business or industry, commercial enterprises, or with other educational institutions (including those for the handicapped and delinquent). " (b) Grants under this section may be used for projects and activi- ^f^l°i^il^^ ^"'^ ties such as— "(1) exchange of vocational education teachers and other staff members with skilled technicians or supervisors in industry (including mutual arrangements for preserving employment and retirement status, and other employment benefits during the period of exchange), and the development and operation of cooperative programs involving periods of teaching in schools providing vocational education and of experience in commercial, industrial, or other public or private employment related to the subject matter taught in such school; "(2) inservice training programs for vocational education teachers and other staff members to improve the quality of instruction, supervision, and administration of vocational education programs; and " (3) short-term or regular-session institutes, or other preservice and inservice training programs or projects designed to improve the qualifications of persons entering and reentering the field of vocational education except that funds may not be used for seminars, symposia, workshops or conferences unless these are part of a continuing prograE|i of inservice or preservice training. " (c) A grant may be iri|ade under this section only upon application to the Commissioner at such time or times and containing such information as he deems necessary. The Commissioner shall not approve an ^ ^r°^ai'°"^ ^°'' application unless it— " (1) sets forth a program for carrying out one or more projects or activities which meet the requirements of subsection (b), and provides for such methods of administration as are necessary for the proper and efficient operation of the program;

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Page:United States Statutes at Large Volume 82.djvu/1136

 1094

'eofn^^' '"^''°'^*^'

keeping

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

"(2) sets forth policies and procedures which assure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes which meet the requirements of subsection (b), and in no case supplant such funds; "(3) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and "(4) provides for making such reports, in such form and containing such information, as the Commissioner may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. "FAMILIARIZING TEACHERS WITH XEW CURRICUI^AR MATERIALS

"SEC. 554. I n approving training and development programs for vocational education personnel, the Commissioner shall give special consideration to programs which are designed to familiarize teachers with new curricular materials in vocational education. "APPROPRIATIONS AUTHORIZED

"SEC. 555. There is authorized to be appropriated to carry out this part, the ^ u m of $25,000,000 for the fiscal year ending June 30, 1969, and the sum of $35,000,000 for the fiscal year ending June 30, 1970." TITI^E III — M I S C E L L A N E O U S PROVISIONS ADEQUA^ L.EADTIME, PLANNING, AND EVALUATION

81 Stat. 814. 20 USC 1221.

SEC. 301. (a) Section 401 of the Elementary and Secondary Education Amendments of 1967 (Public Law 90-247) is amended to read ^ n

^

'

as follows: "PROGRAMS SUBJECT TO T H I S TITLE

20 USC 1225.

"SEC. 401. The provisions of this title shall apply to any program for which the Commissioner of Education has responsibility for administration, either as provided by statute or by delegation pursuant to statute. Amendments to Acts authorizing such programs shall not affect the applicability of this title unless so specified by such amendments." ^ij^ Title IV of such Act is amended by inserting after section 405 the following new section: "AVAILABILITY OF APPROPRIATIONS

"SEC. 406. Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this title, funds appropriated for any fiscal year to carry out any of the programs to which this title is applicable shall remain available for obligation until the end of such fiscal year."

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Page:United States Statutes at Large Volume 82.djvu/1137

 PUBLIC LAW 90-576-OCT. 16, 1968

82 STAT. ]

1095

REDUCING AGE LIMIT IN ADULT EDUCATION PROGRAM

SEC. 302. Effective with respect to appropriations for fiscal years beginning after June 30, 1969, section 303(a) of the Adult Education Act of 1966 (title III of Public Law 89-750, 80 Stat. 1216) is amended by striking out "eighteen" and inserting in lieu thereof "sixteen".

20 USC 1202.

C O L L E C T I O N AND DISSEMINATION OF INFORMATION

SEC. 303. (a) For the purpose of carrying out more effectively the provisions of the programs administered by him (including those administered by him by delegation), the Commissioner of Education— (1) shall prepare and disseminate to all appropriate State and local agencies and institutions and others concerned with education, complete information on programs of Federal assistance; (2) shall inform the public on federally supported programs for education by providing information to communications media; such dissemination activity shall include the development and issuance of materials which inform teachers, students, the disadvantaged, and dropouts of new and expanding opportunities for education, together with materials specifically directed to institutions or individuals vested with responsibility for one or more programs administered by the Commissioner; (3) shall develop, on both formal and informal bases, a close liaison for interchange of ideas and information with representatives of American business and with service, labor, or other organizations, both public and private, to advance American education; (4) shall collect data and information on programs qualifying for assistance under programs administered by him for the purpose of obtaining objective measurements of the effectiveness achieved in carrying out the purposes of such programs; (5) may upon request provide advice, counsel, technical assistance, and demonstrations to State educational agencies, local educational agencies, or institutions of higher education undertaking to initiate or expand programs in order to increase the quality or depth or broaden the scope of such programs, and shall inform such agencies and institutions of the availability of assistance pursuant to this clause; (6) shall prepare and disseminate to State educational agencies, Annual report. local educational agencies, and other appropriate agencies and institutions an annual report setting forth developments in the utilization and adaptation of programs administered by him; and (7) may enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section. Rural areas. (b)(1) For such purpose and also for the purpose of carrying out Counseling and more effectively other provisions of Federal law, the Commissioner, technical assistupon request from a State educational agency, shall provide coun- ^nce. seling and technical assistance to elementary and secondary schools in rural areas, as defined by the Commissioner, of such State (A) in determining benefits available to such agencies and schools under Federal laws, and (B) in preparing applications and meeting other requirements for such benefits. Assistance pursuant to this subsection may, in accordance with such request, be provided by personnel from the Office of Education or be provided in the form of grants in such

- 6 0 0 O - 69 - 72

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Page:United States Statutes at Large Volume 82.djvu/1138

 1096

Catalog of Federal education assistance programs.

Report to Congress.

Appropriation authorization.

80 Stat. 1209; !1 Stat. 805, 816. 20 USC 886.

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

amounts as may be necessary for such State educational agency to employ such personnel as may be necessary to provide such assistance. (2) The Commissioner is further authorized to provide the types of assistance available to elementary and secondary schools under paragraph (1) to institutions of higher education. (c) The Commissioner shall prepare and make available in such form as he deems appropriate a catalog of all Federal education assistance programs whether or not such programs are administered by him. The catalog shall— (1) identify each such program, and include the name of the program, the authorizing statute, the specific Federal administering officials and a brief description of such program; (2) set forth the availability of benefits and eligibility restrictions in each such program; (3) set forth the budget requests for each such program, past appropriations, obligations incurred, the average assistance provided under each such program, and pertinent financial information indicating (A) the size of each such program for selected fiscal years, and (B) any funds remaining available; (4) set forth the prerequisites, including the cost to the recipient of receiving assistance under each such program, and any duties required of the recipient after receivhi^ benefits; (5) identify appropriate officials, in Washington, District of Columbia, as well as in each State and locality (if applicable), to whom application or reference for information for each such program may be made; (6) set forth the application procedures; (7) contain a detailed index designed to assist the potential beneficiary to identify all education assistance programs related to a particular need or category of ]X)tential beneficiaries; (8) contain such other program information and data as the Commissioner deems necessary or desirable in order to assist the potential program beneficiary to understand and take advantage of each Federal education assistance program; and (9) be transmitted to Congress within the first month of each regular session, together with a report setting forth the specific measures taken in the past year to simplify the various application forms and program guidelines a potential beneficiary would use to benefit from each Federal education assistance program, and to coordinate, simplify application forms and program guidelines. (d) There are authorized to be appropriated for the fiscal year ending June 30, 1970, and each succeeding fiscal year ending prior to July 1, 1972, such sums as may be necessary to carry out the provisions of this section. (e) Section 806 of the Elementary and Secondary Education Act of 1965 shall become ineffective the first fiscal year for which funds are appropriated to carry out the provisions of this section. TRAINING TEACHERS OF THE HANDICAPPED

72 Stat. 1777; 77 Stat. 294. 20 USC 611.

SEC. 304. Section 1 of Public Law 85-926 (grants for teaching in the education of handicapped children) is amended by inserting "and other appropriate non-profit institutions or agencies" after the words "non-profit institutions of higher learning" wherever such words occur.

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Page:United States Statutes at Large Volume 82.djvu/1139

 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968

1097

P R E V E N T I O N OF REDUCTION OF STATE AID ON ACCOUNT OF P A Y M E N T S U N D E R PUBLIC LAW 8 7 4

SEC. 305. (a) Subsection (d) of section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended (1) by inserting " (1) " after " (d) ", and (2) by adding the following new paragraph: "(2) No payments may be made during any fiscal year to any local educational agency in any State which has taken into consideration payments under this title in determining the eligibility of any local educational agency in that State for State aid (as defined by regulation), or the amount of that aid, with respect to free public education during that year or the preceding fiscal year, or which makes such aid available to local educational agencies in such a manner as to result in less State aid to any local educational agency which is eligible for payments under this title than such local educational agency would receive if it were not so eligible.'" (b) The amendments made by subsection (a) shall become effective with respect to each State on the first day of the first fiscal year which begins after the adjournment of the first complete legislative session (at which State aid may be considered) of such State's legislature held after the date of enactment of this Act. PROGRAM CONSOLIDATION

80 Stat. 1212. 20 USC 240.

Effective date.

STUDY

SEC. 306. The Commissioner of Education shall make a study of the feasibility of consolidation of education programs in order to provide for more efficient use of Federal funds at the local level and to simplify application procedures for such funds and shall, within one year of the date of enactment of this Act, submit to the Congress a report on c^^resV° the results of the study and any recommendations for legislation which would facilitate consolidation of education programs. STATE

SCHOOLS FOR H A N D I C A P P E D

IN

TERRITORIES

SEC. 307. Section 103(a)(4) of the Elementary and Secondary Education Act of 1965 (title II of Public Law 874, 81st Congress, as amended) is amended by inserting "except paragraph (5)," after "this 1

1•

n^

subsection,".

^^ Stat. 28; 81 Stat. 787.

20 USC 24ic. 79 Stat. 1161.

JOB CORPS STUDY SEC. 308. (a) The Commissioner of Education is authorized and directed to make a special study of the means by which the existing Job Corps facilities and programs established under the Economic Opportunity Act of 1964 most effectively might, if determined feasible, ^i Stat. 672. be transferred to State or joint Federal-State operation in conjunction 2729 ^^^ ^^^^ with the program of Residential Vocational Education authorized by part E of the Vocational Education Act of 1963. ^"f^- P- 1082. (b) The Commissioner shall consult with other Federal officers, State boards of vocational education, and such other individuals and organizations as he may deem necessary for this study, and shall make gresf""^* *° * °" " a report of his findings and recommendations to the appropriate committees of the Congress not later than March 1, 1969.

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[82 STAT.

HEAD START STUDY

81 Stat. 698. 42 USC 2809.

8o^stat^\468^' 42 USC 2942. Report to Congress.

SEC. 309. The President shall make a special study of whether the responsibility for administering the Head Start program established under the Economic Opportunity Act of 1964 should continue to be vested in the Director of the Office of Economic Opportunity, should be transferred to another agency of the Government, or should be delegated to another such agency pursuant to the provisions of section 602(d) of the aforemeutioned Economic Opportunity Act of 1964, and shall submit the findings of this study to the Congress not later than MaTCh 1, 1969.

Approved October 16, 1968. Public Law 90-577

October 16, 1968

AN ACT

^^- ^^^^

To achieve the fullest cooperation and coordination of activities among the levels of government in order to improve the operation of our federal system in an increasingly complex society, to imjprove the administration of grants-inaid to the States, to permit provision of reimbursable technical services to State and local government, to establish coordinated intergovernmental policy and administration of development assistance programs, to provide for the acquisition, use, and disposition of land within urban areas by Federal agencies in conformity with local government programs, to provide for periodic congressional review of Federal grants-in-aid, and for other purposes.

mintai^cooTration Act of 1968.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act be citcd as the "Intergovernmental Cooperation Act of 1968". TITLE I—DEFINITIONS When used in this Act—

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PUBLIC LAW 90-577-OCT. 16, 1968 FEDERAL AGENCY

SEC. 101. The term "Federal agency" means any department, agency, or instrumentality in the executive branch of the Government and any wholly owned Government corporation. STATE

SEC. 102. The term "State" means any of the several States of the United States, the District of Columbia, Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, but does not include the governments of the political subdivisions of the State. POLITICAL SUBDIVISION OR LOCAL GOVERNMENT

SEC. 103. The term "political subdivision" or "local government" means a local unit of government, including specifically a county, municipality, city, town, township, or a school or other special district created by or pursuant to State law. UNIT OF GENERAL LOCAL GOVERNMENT

SEC. 104. "Unit of general local government" means any city, county, town, parish, village, or other general purpose political subdivision of a State. S P E C I A L - P U R P O S E UNIT OF LOCAL GOVERNMENT

SEC. 105. "Special-purpose unit of local government" means any special district, public-purpose corporation, or other strictly limitedpurpose political subdivision of a State, but shall not include a school district. GRANT OR

GRANT-IN-AID

SEC. 106. The term "grant" or "grant-in-aid" means money, or property provided in lieu of money, paid or furnished by the United States under a fixed, annual or aggregate authorization— (A) to a State; or (B) to a political subdivision of a State; or

1099

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PUBLIC LAW 90-577-OCT. 16, 1968

78 Stat. 508. 42 USC 2701

notl.

""^

[82 STAT.

(C) to a beneficiary under a plan or program, administered by a State or a political subdivision of a State, which is subject to approval by a Federal agency; if such authorization either (i) requires the States or political subdivisions to expend non-Federal funds as a condition for the receipt of money or property from the United States; or (ii) specifies directly, or establishes Dy means of a formula, the amounts which may be paid or furnished to States or political subdivisions, or the amounts to be allotted for use in each of the States by the States, political subdivisions, or other beneficiaries. The term also includes money, or property provided in lieu of money, paid and furnished by the United States to any community action agency under the Economic Opportunity Act of 1964, as amended. The term does not include (1) shared revenues; (2) payments of taxes; (3) payments in lieu of taxes; (4) loans or repayable advances; (5) surplus property or surplus agricultural commodities furnished as such; (6) payments under research and development contracts or grants which are awarded directly and on similar terms to all qualifying organizations, whether public or private; or (7) payments to States or political subdivisions as full reimbursement for the costs incurred in paying benefits or furnishing services to persons entitled thereto under Federal laws. FEDERAL ASSISTANCE, FEDERAL F I N A N C I A L ASSISTANCE, FEDERAL ASSISTA N C E PROGRAMS, OR FEDERALLY ASSISTED PROGRAMS

An?e,^r6iT'

SEC. 107. The term "Federal assistance'", "Federal financial assistance", "Federal assistance programs", or "federally assisted programs", means programs that provide assistance through grant or contractual arrangements, and includes technical assistance programs or programs providing assistance in the form of loans, loan guarantees, or insurance. The term does not include any annual payment by the United States to the District of Columbia authorized by article VI of the District of Columbia Revenue Act of 1947 (D.C. Code sees. 47-2501a and 47-2501b). SPECIALIZED OR T E C H N I C A L SERVICES

SEC. 108. "Specialized or technical services" means statistical and other studies and compilations, development projectSj technical tests and evaluations, technical information, training activities, surveys, reports, documents, and any other similar service functions which any department or agency of the executive branch of the Federal Government is especially equipped and authorized by law to perform. COMPREHENSIVE P L A N N I N G

SEC. 109. "Comprehensive planning" includes the following, to the extent directly related to area needs or needs of a unit of general local government: (A) preparation, as a guide for governmental policies and action, of general plans with respect to (i) the pattern and intensity of land use, (ii) the provision of public facilities (including transportation facilities) and other government services, and (iii) the effective development and utilization of human and natural resources; (B) long-range physical and fiscal plans for such action; (C) programing of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program; (D) coordination of all related plans and activities of the State and local governments and agencies concerned; and (E) preparation of regulatory and administrative measures in support of the foregoing.

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PUBLIC LAW 90-577-OCT. 16, 1968 HEAD OF AGENCY

SEC. 110. The term "head of a Federal agency" or "head of a State agency" includes a duly designated delegate of such agency head. TITLE II — I M P R O V E D ADMINISTRATION O F GRANTSIN-AID TO THE STATES FULL INFORMATION ON FUNDS RECEIVED

SEC. 201. Any department or agency of the United States Government which administers a program of grants-in-aid to any of the State governments of the United States or to their political subdivisions shall, upon request, notify in writing the Governor, the State legislature, or other official designated by either, of the purpose and amounts of actual grants-in-aid to the State or to its political subdivisions. In each instance, a copy of requested information shall be furnished the State legislature or the Governor depending upon the original request for such data. DEPOSIT OF GRANTS-IN-AID

SEC. 202. No grant-in-aid to a State shall be required by Federal law or administrative regulation to be deposited in a separate bank account apart from other funds administered by the State. All Federal grantin-aid funds made available to the States shall be properly accounted for as Federal funds in the accounts of the State. I n each case the State agency concerned shall render regular authenticated reports to the appropriate Federal agency covering the status and the application of the funds, the liabilities and obligations on hand, and such other facts as may be required by said Federal agency. The head of the Federal agency and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to an}^ books, documents, papers, and records that are pertinent to the grant-in-aid received by the States. S C H E D U L I N G O F FEDERAL TRANSFERS TO THE STATES

SEC. 203. Heads of Federal departments and agencies responsible for administering grant-in-aid programs shall schedule the transfer of grant-in-aid funds consistent with program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by a State, whether such disbursement occurs prior to or subsequent to such transfer of funds, or subsequent to such transfer of funds. States shall not be held accountable for interest earned on grant-in-aid funds, pending their disbursement for program purposes. ELIGIBLE STATE AGENCY

SEC. 204. Notwithstanding any other Federal law which provides that a single State agency or multimember board or commission must be established or designated to administer or supervise the administration of any grant-in-aid program, the head of any Federal department or agency administering such program may, upon request of the Governor or other appropriate executive or legislative authority of the State responsible for determining or revising the organizational structure of State government, waive the single State agency or multimember board or commission provision upon adequate showing that such provision prevents the establishment of the most effective and efficient organizational arrangements within the State government and approve

1101

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PUBLIC LAW 90-577-OCT. 16, 1968

[82 STAT.

other State administrative structure or arrangements: Provided, That the head of the Federal department or agency determines that the objectives of the Federal statute authorizing the granit-in-aid program will not be endangered by the use of such other State structure or arrangements.

TITLE III—PERMITTING FEDERAL DEPARTMENTS AND AGENCIES TO PROVIDE SPECIAL OR TECHNICAL SERVICES TO STATE AND LOCAL UNITS OF GOVERNMENT STATEMENT OF PURPOSE

SEC. 301. I t is the purpose of this title to encourage intergovernmental cooperation in the conduct of specialized or technical services and provision of facilities essential to the administration of State or local governmental activities, many of which are nationwide in scope and financed in part by Federal funds; to enable State or local governments to avoid unnecessary duplication of special service functions; and to authorize all departments and agencies of the executive branch of the Federal Government which do not have such authority to provide reimbursable specialized or technical services to State and local governments. AUTHORITY TO PROVIDE SERVICE

SEC. 302. The head of any Federal department or agency is authorized within his discretion, upon written request from a State or political subdivision thereof, to provide specialized or technical services, upon payment, to the department or agency by the unit of government making the request, of salaries and all other identifiable direct or indirect costs of performing such services: Provided, however, That such services shall include only those which the Director of the Bureau of the Budget through rules and regulations determines Federal departments and agencies have special competence to provide. Such rules and regulations shall be consistent with and in furtherance of the Government's jpolicy of relying on the private enterprise system to provide those services which are reasonably and expeditiously available through ordinary business channels. REIMBURSEMENT

OF

APPROPRIATION

SEC. 303. All moneys received by any department or agency of the executive branch of the Federal Government, or any bureau or other administrative division thereof, in payment for furnishing specialized or technical services as authorized under section 302 shall be deposited to the credit of the principal appropriation from which the cost of providing such services has been paid or is to be charged. REPORTS TO CONGRESS

SEC. 304. The Secretary of any department or the administrative head of any agency of the executive branch of the Federal Government shall furmsh annually to the respective Committees on Government Operations of the Senate and House of Representatives a summary report on the scope of the services provided under the administration of this title.

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PUBLIC LAW 90-577-OCT. 16, 1968 RESERVATION

OF E X I S T I N G

1103

AUTHORITY

SEC. 305. This title is in addition to and does not supersede any existing authority now possessed by any Federal department or agency with respect to furnishing services, whether on a reimbursable or nonreimbursable basis, to State and local units of government. TITLE IV—COOEDINATED INTERGOVERNMENTAL POLICY AND ADMINISTRATION OF DEVELOPMENT ASSISTANCE PROGRAMS DECLARATION O F DEVELOPMENT ASSISTANCE

POLICY

SEC. 401. (a) The economic and social development of the NaJtion and the achievement of satisfactory levels of living depend upon the sound and orderly development of all areas, both urban and rural. Moreover, in a time of rapid urbanization, the sound and orderly development of urban communities depends to a large degree upon the social and economic health and the sound development of smaller communities and rural areas. The President shall, therefore, establish rules and regulations governing the formulation, evaluation, and review of Federal programs and projects having a significant impact on area and community development, including programs providing Federal assistance to the States and localities, to the end that they shall most effectively serve these basic objectives. Such rules and regulations shall provide for full consideration of the concurrent achievement of the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between such objectives when they conflict: (1) Appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes; (2) Wise development and conservation of natural resources, including land, water, minerals, wildlife, and others; (3) Balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other modes for the movement of people and goods; (4) Adequate outdoor recreation and open space; (5) Protection of areas of unique natural beauty, historical and scientific interest; (6) Properly planned community facilities, including utilities for the supply of power, water, and communications, for the safe disposal of wastes, and for other purposes; and (Y) Concern for high standards of design. (b) All viewpoints—national, regional. State, and local—shall, to the extent possible, be fully considered and taken into account in planning Federal or federally assisted development programs and projects. State and local government objectives, together with the objectives of regional organizations shall be considered and evaluated within a framework of national public objectives, as expressed in Federal law, and available projections of future national conditions and needs of regions, States, and localities shall be considered in plan formulation, evaluation, and review. (c) To the maximum extent possible, consistent with national objectives, all Federal aid for development purposes shall be consistent with and further the objectives of State, regional, and local comprehensive planning. Consideration shall be given to all developmental aspects of our total national community, including but not limited to housing, transportation, economic development, natural and human resources development, community facilities, and the general improvement of living environments.

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(d) Each Federal department and agency administering a development assistance program shall, to the maximum extent practicable, consult with and seek advice from all other significantly affected Federal departments and agencies in an effort to assure fully coordinated programs. (e) Insofar as possible, systematic planning required by individual Federal programs (such as highway construction, urban renewal, and open space) shall be coordinated with and, to the extent authorized by law, made part of comprehensive local and areawide development planning. FAVORING U N I T S OF GENERAL LOCAL GOVERNMENT

SEC. 402. Where Federal law provides that both special-purpose units of local government and units of general local government are eligible to receive loans or grants-in-aid, heads of Federal departments and agencies shall, in the absence of substantial reasons to the contrary, make such loans or grants-in-aid to units of general local government rather than to special-purpose units of local government. RULES A N D REGULATIONS

SEC. 403. The Bureau of the Budget or such other agency as may be designated by the President is hereby authorized to prescribe such rules and regulations as are deemed appropriate for the effective administration of this title. TITLE V—ACQUISITION, USE, AND DISPOSITION OF LAND W I T H I N URBAN AREAS BY FEDERAL AGENCIES IN CONFORMITY W I T H LAND UTILIZATION PROGRAMS OF A F F E C T E D LOCAL G O V E R N M E N T AMENDMENT OF FEDERAL PROPERTY A N D ADMINISTRATIVE SERVICES ACT

63 Stat. 377.

SEC. 501. The Federal Property and Administrative Services Act fyf ^949^ ^s amended (40 U.S.C. 471 et seq.), is amended by adding at the end thereof a new title as follows: "TITLE VIII—URBAN LAND UTILIZATION a, SHORT TITLE

Citation of title.

" S E C 801. This title may be cited as the 'Federal Urban Land-Use Act'. aDECLARATION OF PURPOSE AND POLICY

"SEC. 802. I t is the purpose of this title to promote more harmonious intergovernmental relations and to encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures whereby the Administrator shall acquire, use, and dispose of land in urban areas in order that urban land transactions entered into for the General Services Administration or on behalf of other Federal agencies shall, to the greatest extent practicable, be consistent with zoning and land-use practices and shall be made to the greatest extent practicable in accordance with planning and development objectives of the local governments and local planning agencies concerned.

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