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and it shall include recommendations for the improvement of these programs. The Council shall consist of the Commissioner, who shall be Chairman, and twelve members appointed for staggered terms and without regard to the civil service laws, by the Commissioner with the approval of the Secretary. Such twelve members shall include persons knowledgeable with respect to teacher preparation and the needs of urban and rural schools, and representatives of the general public. (b) Members of such Advisory Council who are not regular full- compensation. time employees of the United States shall, while attending meetings or conferences of such Council or otherwise engaged on business of such Council, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government 6o Stat. sos; service employed intermittently. ^^ ^*^*" ^^^' ^'^°(c) The Council may appoint an Executive Secretary and such other employees as the Council deems necessary to carry out its functions under this title. LIMITATION

SEC. 502. Nothing contained in this title shall be construed to authorize the making of any payment under this title for religious worship or instruction. PART B—NATIONAL TEACHER CORPS STATEMENT OF PURPOSE AND AUTHORIZATION OF APPROPRIATIONS

SEC. 511. (a) The purpose of this part is to strengthen the educational opportunities available 'to children in areas having concentrations of low-income families and to encourage colleges and universities to broaden their programs of teacher preparation by— (1) attracting and training qualified teachers who will be made available to local educational agencies for teaching in such areas; and (2) attracting and training inexperienced teacher-interns who will be made available for teaching and inservice training to local educational agencies in such areas in teams led by an experienced teacher. (b) For the purpose of carrying out this part, there are authorized to be appropriaJted $36,100,000 for the fiscal year ending June 30, 1966, and $64,715,000 for the fiscal year ending June 30, 1967. ESTABLISHMENT OF N A T I O N A L T E A C H E R CORPS

SEC. 512. In order to carry out the purposes of this part, there is hereby established in the Office of Education a National Teacher Corps (hereinafter referred to as the "Teacher Corps"). The Teacher Corps shall be headed by a Director who shall be compensated at the rate prescribed for grade 17 of the General Schedule of the Classification Act of 1949, and a Deputy Director who shall be compensated at the rate prescribed for grade 16 of such General Schedule. The Director and the Deputy Director shall perform such duties as are delegated to them by the Commissioner.

Establishment.

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T E A C H E R CORPS PROGRAM

Ante, p. 28.

SEC. 513. (a) For the purpose of carrying out this part, the Commissioner is authorized to— (1) recruit, select, and enroll experienced teachers, and inexperienced teacher-interns who have a bachelor's degree or its equivalent, in the Teacher Corps for periods of up to two years; (2) enter into arrangements, through grants or contracts, with institutions of higher education or State or local educational agencies to provide members of the Teacher Corps with such training as the Commissioner may deem appropriate to carry out the purposes of this part, including not more than three months of training for members before they undertake their teaching duties under this part; (3) enter into arrangements (including the payment of the cost of such arrangements) with local educational agencies, after consultation in appropriate cases with State educational agencies and institutions of higher education, to furnish to local educational agencies, for service during regular or summer sessions, or both, in the schools of such agencies in areas having concentrations of children from low-income families, either or both (A) experienced teachers, or (B) teaching teams, each of which shall consist of an experienced teacher and a number of teacherinterns who, in addition to teaching duties, shall be afforded time by the local educational agency for a teacher-intern training program developed according to criteria established by the Commissioner and carried out under the guidance of the experienced teacher in cooperation with an institution of higher education; and (4) pay to local educational agencies the amount of the compensation which such agencies pay to or on behalf of members of the Teacher Corps assigned to them pursuant to arrangements made pursuant to the preceding clause. (b) Arrangements with institutions of higher education to provide training for teacher-interns while teaching in schools for local educational agencies under the provisions of this part shall provide, wherever possible, for training leading to a graduate degree. (c)(1) Whenever the Commissioner determines that the demand for the services of experienced teachers or of teaching teams furnished pursuant to clause (3) of subsection (a) exceeds the number of experienced teachers or teaching teams available from the Teacher Corps, the Commissioner shall, to the extent practicable, allocate experienced teachers or teaching teams, as the case may be, from the Teacher Corps among the States in accordance with paragraph (2). (2) Not to exceed 2 per centum of such teachers or teams, as the case may be, shall be allocated to Puerto Rico, and the Virgin Islands according to their respective needs. The remainder of such teams or teachers, as the case may be, shall be allocated among the other States in proportion to the number of children counted in each State for the purpose of determining the amount of basic grants made under section 203 of title II of Public Law 874, Eighty-first Congress, as amended, for the fiscal year for which the allocation is made. (d) A local educational agency may utilize members of the Teacher Corps assigned to it in providing, in the manner described in section 205(a)(2) of Public Law 874, Eighty-first Congress, as amended, educational services in which children enrolled in private elementary and secondary schools can participate.

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COMPENSATION

SEC. 514. (a) An arrangement made with a local educational agency pursuant to paragraph (3) of section 513(a) shall provide for compensation by such agency of Teacher Corps members during the period of their assignment to it at the following rates: (1) an experienced teacher who is not leading a teaching team shall be compensated at a rate which is equal to the rate paid by such agency for a teacher with similar training and experience who has been assigned similar teaching duties; (2) an experienced teacher who is leading a teaching team shall be compensated at a rate agreed to by such agency and the Commissioner; and (3) a teacher-intern shall be compensated at a rate which is equal to the lowest rate paid by such agency for teaching full time in the school system and grade to which the intern is assigned. (b) For any period of training under this part the Commissioner shall pay to members of the Teacher Corps such stipends (including allowances for subsistence and other expenses for such members and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported training programs. (c) The Commissioner shall pay the necessary travel expenses of members of the Teacher Corps and their dependents and necessary expenses for the transportation of the household goods and personal effects of such members and their dependents, and such other necessary expenses of members as are directly related to their service in the Corps, including readjustment allowances proportionate to service. (d) The Commissioner is authorized to make such arrangements as may be possible, including the payment of any costs incident thereto, to protect the tenure, retirement rights, participation in a medical insurance program, and such other similar employee benefits as the Commissioner deems appropriate, of a member of the Teacher Corps who participates in any program under this part and who indicates his intention to return to the local educational agency or institution of higher education by which he was employed immediately prior to his service under this part. APPLICATION o r PROVISIONS OF FEDERAL LAW

SEC. 515. (a) Except as otherwise specifically provided in this section, a member of the Teacher Corps shall be deemed not to be a Federal employee and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (b)(1) Such members shall, for the purposes of the administration of the Federal Employees' Compensation Act (5 U.S.C. 751 et seq.), be deemed to be civil employees of the United States within the meaning of the term "employee" as defined in section 40 of such Act (5 U.S.C. 790) and the provisions thereof shall apply except as hereinafter provided. (2) For purposes of this subsection: (A) the term "performance of duty" in the Federal Employees' Compensation Act shall not include any act of a member of the Teacher Corps— (i) while on authorized leave; or (ii) while absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner; and 49-850 0-66-«2

39 Stat. 742. 6 3 Stat. 860. " P erformance d uty.

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(B) in computing compensation benefits for disability or death 63^stat^854^^' Under the Federal Employees' Compensation Act, the monthly 5 USC 75i'note. pay of a member of the Teacher Corps shall be deemed to be his actual pay or that received under the entrance salary for grade 6 Ante, p. n i l. of the General Schedule of the Classification Act of 1949, whichever is greater. (c) Such members shall be deemed to be employees of the Government for the purposes of the Federal tort claims provisions of title 28, 28^ us?- 2 6 u ^7 United States Code. 2680.

LOCAL CONTROL PRESERVED

SEC. 516. Members of the Teacher Corps shall be under the direct supervision of the appropriate officials of the local educational agencies to which they are assigned. Except as otherwise provided in clause (3) of section 513(a), such agencies shall retain the authority to— (1) assign such members within their systems; (2) make transfers within their systems; (3) determine the subject matter to be taught; (4) determine the terms and continuance of the assignment of such members within their systems. MAINTENANCE OF EFFORT

SEC. 517. No member of the Teacher Corps shall be furnished to any local educational agency under the provisions of this part if such agency will use such member to replace any teacher who is or would otherwise be employed by such agency. PART C—FELLOWSHIPS FOR TEACHERS STATEMENT OF PURPOSE

SEC. 521. The Congress hereby declares it to be the policy of the United States to improve the quality of education offered by the elementary and secondary schools of the Nation by improving the quality of the education of persons who are pursuing or who plan to pursue a career in elementary and secondary education. The purpose of this part is to carry out this policy by awarding fellowships for graduate study at institutions of higher education and by developing or strengthening teacher education programs in institutions of higher "Career in ele education. For the purpose of this part the term "career in elemenmentary ^education." tary aud sccoudary education" means a career of teaching in elemenand sec o'nd'aTy' tary or secondary schools, a career of teaching, guiding, or supervising such teachers or persons who plan to become such teachers, or a career hi fields which are directly related to teaching in elementary or secondary schools, such as library science, school social work, guidance and counseling, educational media, and special education for handicapped children. Frj:,LOwsHiPS

AUTHORIZED

SEC. 522. (a) The (commissioner is authorized to award not to exceed four thousand five hundred fellowships for the fiscal year ending June 30, 1966, ten thousand fellowships for the fiscal year ending June 30, 1967, and ten thousand fellowships for the fiscal year ending June 30, 1968. Fellowships awarded under the provisions of this part shall be for graduate study leading to an advanced degree other than a doctor of philosophy, or equivalent degree, for persons

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who are pursuing or plan to pursue a career in elementary and secondary education. Such fellowships shall be awarded as provided in sections 523 and 524 of this part and for such periods as the Commissioner may determine but not to exceed twenty-four months. (b) I n addition to the number of fellowships authorized to be awarded by subsection (a) of this section, the Commissioner is authorized to award fellowships equal to the number previously awarded during any fiscal year under this part but vacated prior to the end of the period for which they were awarded; except that each fellowship awarded under this subsection shall be for such period of study, not in excess of the remainder of the period for which the fellowship which it replaces was awarded, as the Commissioner may determine. ALLOCATION OF F E L L O W S H I P S

SEC. 523. The Commissioner shall allocate fellowships under this part to institutions of higher education with programs approved under the provisions of section 524(a) for the use of individuals accepted into such programs, in such manner and according to such plan as will most nearly— (1) provide an equitable distribution of such fellowships throughout the States, except that to the extent he deems proper in the national interest after consultation with the Advisory Council on Quality Teacher Preparation the Commissioner may give preference to programs designed to meet an urgent national need, and (2) encourage experienced teachers in elementary or secondary schools and other experienced personnel in elementary or secondary education to enter graduate programs, attract recent college graduates to pursue a career in elementary and secondary education, and afford opportunities for college graduates engaged in other occupations or activities to pursue or return to a career in elementary and secondary education. APPROVAL OF P R O G R A M S; GRANTS

SEC. 524. (a) The Commissioner shall approve a graduate program of an institution of higher education only upon application by the institution and only upon his finding— (1) that such program will substantially further the objective of improving the quality of education of persons who are pursuing or intend to pursue a career in elementary and secondary education, (2) that such program gives emphasis to high-quality substantive courses, (3) that such program is of high quality and either is in effect or readily attainable, and (4) that only persons who demonstrate a serious intent to pursue or to continue a career in elementary and secondary education will be accepted for study in the program. (b) _ For the purpose of obtaining an appropriate geographical distribution of high-quality programs for the training of personnel for elementary or secondary education, the Commissioner is authorized to make grants to and contracts with institutions of higher education to pay part of the cost of developing or strengthening graduate programs which meet the requirements of subsection (a).

Ante, p. 1254.

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(*^) "^^^ Commissioner may employ experts and consultants, as authorized by section 15 of the Administrative Expenses Act of 1946 (5 XJ.S.C. 55a), to advise him with respect to the making of grants and contracts and the approving of programs under this section, and he shall set forth in regulations the standards and priorities which will be utilized in approving such grants and contracts. Experts and consultants employed pursuant to this subsection may be compensated while so employed at rates not in excess of $100 per diem, including travel time, and may be allowed while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsisteuce) as authorized by section 5 of such Act (5 XJ.S.C. 731>-2) for persons in the Government service employed intermittently. STIPENDS

SEC. 525. (a) The Commissioner shall pay to persons awarded fellowships under this part such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. (b) I n addition to the amounts paid to persons pursuant to subsection (a), the Commissioner shall pay to the institution of higher education at which such person is pursuing his course of study an amount equivalent to $2,500 per academic year, less any amount charged such person for tuition and nonrefundable fees and deposits. LIMITATION

"Schooi °^ devfni^!" ° ^

SEC. 526. No fellowships shall be awarded under this part for study at a school or department of divinity. For the purposes of this section, the term "school or department of divinity" means an institution or department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects. FELLOWSHIP CONDITIONS

SEC. 527. A person awarded a fellowship under the provisions of this part shall continue to receive the payments provided in section 525(a) only during such periods as the Commissioner finds that he is maintaining satisfactory proficiency and devoting full time to study or research in the field in which such fellowship was awarded in an institution of higher education, and is not engaging in gainful employment other than such part-time employment in teaching, research, or similar activities related to his training as has been approved by the Commissioner. APPROPRIATIONS

SEC. 528. There are hereby authorized to be appropriated to carry out this part $40,000,000 for the fiscal year ending June 30, 1966, $160,000,000 for the fiscal year ending June 30,- 1967, $275,000,000 for the fiscal year ending June 30, 1968, and such sums for the two succeeding fiscal years as may be necessary to enable persons who have been awarded fellowships prior to July 1, 1968, to complete their study under the fellowships.

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TITLE VI—FINANCIAL ASSISTANCE FOR THE IMPROVEMENT OF UNDERGRADUATE INSTRUCTION PART A — EQUIPMENT STATEMENT OF PURPOSE AND AUTHORIZATION OF APPROPRIATIONS

SEC. 601. (a) The purpose of this part is to improve the quality of classroom instruction in selected subject areas in institutions of higher education. (b) There are hereby authorized to be appropriated $35,000,000 for the fiscal year ending June 30, 1966, $50,000,000 for the fiscal year ending June 30, 1967, and $60,000,000 for the fiscal year ending June 30, 1968, to enable the Commissioner to make grants to institutions of higher education pursuant to this part for the acquisition of equipment and for minor remodeling described in section 603(2)(A). (c) There are also authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1966, and $10,000,000 for the fiscal year ending June 30, 1967, and for the succeeding fiscal year, to enable the Commissioner to make grants to institutions of higher education pursuant to this part for the acquisition of television equipment and for minor remodeling described in section 603(2)(B). (d) There is also authorized to be appropriated a sum not exceeding $1,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years, to enable the Commissioner to make grants in such amounts as he may consider necessary for the proper and efficient administration of the State plans approved under this part including expenses which he determines are necessary for the preparation of such plans. (e) For the fiscal year ending June 30, 1969, and for the succeeding fiscal year, there may be appropriated for the purposes set forth in subsections (b), (c), and (d) of this section, only such sums as the Congress may hereafter authorize by law. ALLOTMENTS TO STATES

SEC. 602. (a)(1) Of the funds appropriated pursuant to subsections (b) and (c) of section 601 for any fiscal year one-half shall be allotted by the Commissioner among the States so that the allotment to each State will be an amount which bears the same ratio to such one-half as the number of students enrolled in institutions of higher education in such State bears to the total number of students enrolled in such institutions in all the States; and the remaining onehalf shall be allotted by him among the States in accordance with paragraph (2) of this subsection. For the purposes of this subsection, (A) the number of students enrolled in institutions of higher education shall be deemed to be equal to the sum of (i) the number of fulltime students and (ii) the full-time equivalent of the number of parttime students as determined by the Commissioner in accordance with regulations; and (B) determinations as to enrollment shall be made by the Commissioner on the basis of data for the most recent year for which satisfactory data with respect to such enrollment are available to him. (2) For the purposes of this paragraph the Commissioner shall allot to each State for each fiscal year an amount which bears the same ratio to the funds being allotted pursuant to this paragraph as the product of—

1261

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(A) the number of students enrolled in institutions of higher education in such State, and (B) the State's allotment ratio, bears to the sum of the corresponding products for all the States. For the purposes of this paragraph the allotment ratio for any State shall be 1.00 less the product of (i) 0.50 and (ii) the quotient obtained by dividing the income per person for the State by the income per person for all the States (not including Puerto Rico, the Virgin Islands, American Samoa, and Guam), except that the allotment ratio shall in no case be less than O.331/3 or more than 0.66%, and the allotment ratio for Puerto Rico, the Virgin Islands, American Samoa, and Guam shall be 0.66%. The allotment ratios shall be promulgated by the Commissioner as soon as possible after enactment of this Act, and annually thereafter, on the basis of the average of the incomes per person of the States and of all the States for the three most recent consecutive calendar years for which satisfactory data are available from the Department of Commerce. (b)(1) A State's allotment under subsection (a) from funds appropriated pursuant to section 601(b) shall be available in accordance with the provisions of this part for payment of the Federal share (as determined under section 604) of the cost of equipment and minor remodeling described in section 603(2)(A). (2) A State's allotment under subsection (a) from funds appropriated pursuant to section 601(c) shall be available in accordance with the provisions of this part for payment of the Federal share (as determined under section 604) of the cost of television equipment and minor remodeling described in section 603(2)(B). (c) Sums allotted to a State for the fiscal year ending June 30, 1966, shall remain available for reservation as provided in section 606 until the close of the next fiscal year, in addition to the sums allotted to such State for such next fiscal year. Sums allotted to a State for the fiscal year ending June 30, 1967, or for any succeeding fiscal year, which are not reserved as provided in section 606 by the close of the fiscal year for which they are allotted, shall be reallotted by the Commissioner, on the basis of such factors as he determines to be equitable and reasonable, among the States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted. Amounts reallotted under this subsection shall be available for reservation until the close of the fiscal year next succeeding the fiscal year for which they were originally allotted. STATE COMMISSION S A N D P L A N S

SEC. 603. Any State desiring to participate in the program under this part shall designate for that purpose an existing State agency which is broadly representative of the public and of institutions of higher education in the State, or, if no such State agency exists, shall establish such a State agency, and submit to the Commissioner through the agency so designated or established (hereafter in this part referred to as the "State commission"), a State plan for such participation. The Commissioner shall approve any such plan which— (1) provides that it shall be administered by t-he State commission; (2) sets forth, consistently with basic criteria prescribed by regulation pursuant to section 604, objective standards and methods (A) for determining the relative priorities of eligible projects for the acquisition of laboratory and other special equipment (other than supplies consumed in use), including audio-

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visual materials and equipment for classrooms or audiovisual centers, and printed and published materials (other than textbooks) for classrooms or libraries, suitable for use in providing education in science, mathematics, foreign languages, history, geography, government, English, other humanities, the arts, or education at the undergraduate level in institutions of higher education, and minor remodeling of classroom or other space used for such materials or equipment; (B) for determining relative priorities of eligible projects for (i) the acquisition of television equipment for closed-circuit direct instruction in such fields in such institutions (including equipment for fixed-service instructional television, as defined by the Federal Communications Commission, but not including broadcast transmission equipment), (ii) the acquisition of necessary instructional materials for use in such television instruction, and (iii) minor remodeling necessary for such television equipment; and (C) for determining the Federal share of the cost of each such project; (3) provides (A) for assigning priorities solely on the basis of such criteria, standards, and methods to eligible projects submitted to the State commission and deemed by it to be otherwise approvable under the provisions of this part; and (B) for approving and recommending to the Commissioner, in the order of such priority, applications covering such eligible projects, and for certifying to the Commissioner the Federal share, determined by the State commission under the State plan, of the cost of the project involved; (4) provides for affording to every applicant, which has submitted to the Station commission a project, an opportunity for a fair hearing before the commission as to the priority assigned to such project or as to any other determination of the commission adversely affecting such applicant; and (5) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State commission under this part, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Commissioner to perform his functions under this part. BASIC

CRITERIA

FOR

DETERMINING P R I O R I T I E S, FEDERAL M A I N T E N A N C E OF EFFORT

SHARE,

AND

SEC. 604. (a) As soon as practicable after the enactment of this Act the Commissioner shall by regulation prescribe basic criteria to which the provisions of State plans setting forth standards and methods for determining relative priorities of eligible projects, and the application of such standards and methods to such projects under such plans, shall be subject. Such basic criteria (1) shall be such as will best tend to achieve the objectives of this part while leaving opportunity and flexibility for the development of State plan standards and methods that will best accommodate the varied needs of institutions in the several States, and (2) shall give special consideration to the financial need of the institution. Subject to the foregoing requirements, such regulations may establish additional and appropriate basic criteria, including provision for considering the degree to which applicant institutions are effectively utilizing existing facilities and equipment, provision for allowing State plans to group or provide for grouping, in a reasonable manner, facilities or institutions according to functional or educational type for priority purposes, and, in view of the national objectives of this Act. provision for considering the degree to which

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the institution serves students from two or more States or from outside the United States; and in no event shall an institution's readiness to admit such out-of-State students be considered as a priority factor adverse to such institution. (b) The Federal share for the purposes of this part shall not exceed 50 per centum of the cost of the project, except that a State commission may increase such share to not to exceed 80 per centum of such cost in the case of any institution proving insufficient resources to participate in the program under this part and inability to acquire such resources. An institution of higher education shall be eligible for a grant for a project pursuant to this part in any fiscal year only if such institution will expend during such year for the same purposes as, but not pursuant to, this part an amount at least equal to the amount expended by such institution for such purposes during the previous fiscal year. The Commissioner shall establish basic criteria for making determinations under this subsection. APPLICATION S FOR GRANTS A N D C O N D I T I O N S FOR APPROVAL

SEC. 605. (a) Institutions of higher education which desire to obtain grants under this part shall submit applications therefor at such time or times and in such manner as may be prescribed by the Commissioner, and such applications shall contain such information as may be required by or pursuant to regulation for the purpose of enabling the Commissioner to make the determinations required to be made by him under this part. (b) The Commissioner shall approve an application covering a project under this part and meeting the requirements prescribed pursuant to subsection (a) if— (1) the project has been approved and recommended by the appropriate State commission; (2) the State commission has certified to the Commissioner, in accordance with the State plan, the Federal share of the cost of the project, and sufficient funds to pay such Federal share are available from the applicable allotment of the State (including any applicable reallotment to the State); (3) the project has, pursuant to the State plan, been assigned a priority that is higher than that of all other projects within such State (chargeable to the same allotment) which meet all the requirements of this section (other than this clause) and for which Federal funds have not yet been reserved; (4) the Commissioner determines that the project will be undertaken in an economical manner and will not be overly elaborate or extravagant; and (5) the Commissioner determines that the application contains or is supported by satisfactory assurances— (A) that Federal funds received by the applicant will be used solely for defraying the cost of the project covered by such application, (B) that sufficient funds will be available to meet the nonFederal portion of such cost and to provide for the effective use of the equipment upon completion, and (C) that the institution will meet the maintenance of effort requirement in section 604(b). (b) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulation, be subject to approval in the same manner as original applications.

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A M O U N T OF GRANT—^PAYMENT

SEC. 606. Upon his approval of any application for a grant under this part, the Commissioner shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such grant, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the project covered by such application. The Commissioner shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as he may determine. The Commissioner's reservation of any amount under this section may be amended by him, either upon approval of an amendment of the application covering such project or upon revision of the estimated cost of a project with respect to which such reservation was made, and in the event of an upward revision of such estimated cost approved by him he may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. ADMINISTRATION OF STATE P L A N S

SEC. 607. (a) The Commissioner shall not finally disapprove any tu"lj""^ °^^°'"' State plan submitted mider this part, or any modification thereof, without first affording the State commission submitting the plan reasonable notice and opportunity for a hearing. (b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State commission administering a State plan approved under this part, finds— (1) that the State plan has been so changed that it no longer complies with the provisions of section 603, or (2) that in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State commission that the State will not be regarded as eligible to participate in the program under this part until he is satisfied that there is no longer any such failure to comply. JUDICIAL

REVIEW

SEC. 608. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under this part or with his final action under section 607, such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.

62 Stat. 928.

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LIMITATION ON PAYMENTS

artarnt'^ f°df ^ vinity." °

SEC. 609. No grant may be made under this part for equipment or materials to be used for sectarian instruction or religious worship, or primarily in connection with any part of the program of a school or department of divinity. For purposes of this section the term "school or department of divinity" means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. PART B — F A C U L T Y DEVELOPMENT PROGRAMS INSTITUTES AUTHORIZED

SEC. 621. (a) There are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years, to enable the Commissioner to arrange, through grants or contracts, with institutions of higher education for the operation by them of short-term workshops or short-term or regular-session institutes for individuals (1) who are engaged in, or preparing to engage in, the use of educational media equipment in teaching in institutions of higher education, or (2) who are, or are preparing to be, in institutions of higher education, specialists in educational media or librarians or other specialists using such media. (b) For the fiscal year ending June 30, 1969, and for the succeeding fiscal year, there may be appropriated for the purposes of this part, only such sums as the Congress may hereafter authorize by law. STIPENDS

SEC. 622. Each individual who attends an institute operated under the provisions of this part shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of his attendance at such institute and each such individual with one or more dependents shall receive an additional stipend at the rate of $15 per week for each dependent. No stipends shall be paid for attendance at workshops. TITLE VII—AMENDMENTS TO H I G H E E F A C I L I T I E S ACT O F 1963

EDUCATION

EXPANSION OF GRANT PURPOSES

77 Stat. 368. 20 USC 716.

SEC. 701. (a) Section 106 of the Higher Education Facilities Act of 1963 is amended to read as follows: 'ELIGIBILITY FOR GRANTS

"SEC. 106. An institution of higher education shall be eligible for a grant for construction of an academic facility under this title only if such construction will, either alone or together with other construction to be undertaken within a reasonable time, (1) result in an urgently needed substantial expansion of the institution's student enrollment capacity or capacity to carry out extension and continuing education programs on the campus of such institution, or (2) in the case of a new institution of higher education, result in creating urgently needed enrollment capacity or capacity to carry out extension and continuing education programs on the campus of such institution."

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(b) The first sentence of section 101(b) of the Higher Education Facilities Act of 1963 is amended by striking out "and each of the two succeeding fiscal years" and inserting in lieu thereof "and for the succeeding fiscal year, and the sum of $460,000,000 for the fiscal year ending June 30, 1966". (c) The second sentence of section 201 of such Act is amended by striking out "and the sum of $60,000,000 each for the fiscal year ending June 30, 1965, and the succeeding fiscal year" and inserting in lieu thereof "the sum of $60,000,000 for the fiscal year ending June 30, 1965, and the sum of $120,000,000 for the fiscal year ending June 30, 1966".

1267 77 Stat. 364. 20 USC 7 11.

20 USC 731.

TECHNICAL AMENDMENTS M A K I N G SECTION 1 0 3 ALLOTMENTS AVAILABLE FOR SECTION 1 0 4 INSTITUTIONS UNDER CERTAIN CIRCUMSTANCES

SEC. 702. (a)(1) Section 103(b) of the Higher Education Facilities Act of 1963 is amended by inserting " (1) " immediately after " (b) " in such section and by adding at the end thereof: "(2) Notwithstanding any other provisions of this title, any portion of a State's allotment under this section for a fiscal year for which applications from an institution qualified to receive grants under this section have not been received by the State Commission by January 1 of such fiscal year, shall, if the Commission so requests, be available, in accordance with the provisions of this title, for payment of the Federal share (as determined under sections 108(b)(3) and 401(d)) of the development cost of approved projects for the construction of academic facilities within such State for institutions of higher education other than public community colleges and public technical institutes." (2) The first sentence of section 103(c) is amended by striking out "for providing academic facilities for public community colleges or public technical institutes" and inserting in lieu thereof "for the purposes set forth in subsection (b) of this section". (3) Section 105(a) is amended by striking out "hereinafter" in the matter preceding clause (1). (4) Clause (3) of section 105(a) is amended by inserting "(except as provided in section 103(b)(2)) " after "section 103 will be available".

20 USC 713.

20 USC 718.

^°^'' P- '268.

20 USC 715.

MAKING SECTION 104 ALLOTMENTS AVAILABLE FOR SECTION 103 INSTITTJTIONS UNDER CERTAIN CIRCUMSTANCES

(b)(1) Section 104(b) of the Higher Education Facilities Act of 1963 is amended by inserting " (1) " immediately after " (b) " in such section and by adding at the end thereof: " (2) Notwithstanding any other provisions of this title, any portion of a State's allotment under this section for a fiscal year for which applications from an institution qualified to receive grants under this section have not been received by the State Commission by January 1 of such fiscal year, shall, if the Commission so requests, be available, in accordance with the provisions of this title, for payment of the Federal share (as determined under sections 108(b)(3) and 401(d)) of the development cost of approved projects for the construction of academic facilities within such State for public community colleges and public technical institutes." (2) The first sentence of section 104(c) is amended by striking out "for providing academic facilities for institutions of higher education other than public community colleges and public technical institutes"

20 USC 714.

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[79 STAT.

and inserting in lieu thereof "for the purposes set forth in subsection (b) of this section". 2^0^use"7^15!' w) Clause (3) of section 105(a) is amended by inserting "(except Ante, p. 1267. as provided in section 1 0 4 (b)(2)) " after "section 104 will be available". REVISING FEDERAL S H A R E FOR P U B L I C COMMUNITY COLLEGES A N D P U B L I O TECHNICAL I N S T I T U T l ^

20 USC 717.

20 USC 751.

(c)(1) Section 105(a)(2) of the Higher Education Facilities Act of 1963 is amended by striking out "other than a project for a public community college or public technical institute". (2) Section 107(b) of such Act is amended (1) by striking out "other than a project for a public community college or public technical institute", and (2) by striking out "shall be 40 per centum" and inserting in lieu thereof "shall in no event exceed 40 per centum". ^3^ Section 401(d) of such Act is amended by inserting immediately before "40 per centum" the following: "a percentage (as determined under the applicable State plan) not in excess of". T H R E E - Y E A R AVAILABILITY OF S U M S APPROPRIATED U N D E R SECTION

20 USC 731.

201

(d) The last sentence of section 201 of the Higher Education Facili^jgg ^(jt of 1963 is amended to read as follows: Sums appropriated pursuant to this section for any fiscal year shall remain available for grants under this title until the end of the second succeeding fiscal year. TWO-YEAR AVAILABILITY OF TITLE III F U N D S

20 USC 743.

(e) Section 303(c) of the Higher Education Facilities Act of 1963 is amended by adding at the end the following new sentence: "Sums appropriated pursuant to this subsection for any fiscal year shall remain available for loans under this title until the end of the next succeeding fiscal year." COORDINATION W I T H PART A (GRANTS FOR E X P A N S I O N A N D IMPROVEMENT OF N U R S E T R A I N I N G) OF TITLE VIII OF THE P U B L I C H E A L T H SERVICE ACT

(f) Effective with respect to applications for grants and loans submitted after the date of enactment of this Act, clause (E) of section 401 (a)(2) of the Higher Education Facilities Act of 1963 is amended to read as follows: " (E) any facility used or to be used by a school of medicine, school of dentistry, school of osteopathy, school of pharmacy, school of optometry, school of podiatry, or school of public health as these terms are defined in section 724 of the Public Health Service Act, or a schtK)l of nursing as defined in section 843 of that 77 Stat. 169; 78 Stat. 918. 42 USC 293d, 298b.

A r>+ " -ii-UU C H A N G E I N I N T E R E S T RATE FOR TITLE III L O A N S

SEC. 703. (a) Subsection (b) of section 303 of the Higher Education Facilities Act of 1963 is amended by inserting " (1) " after "shall bear interest at", and by inserting before the period at the end thereof a comma and the following: "or (2) the rate of 3 per centum per annum, whichever is the lesser". (b) The amendment made by this section shall be applicable only with respect to loans made after the date of enactment of this Act.

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.

TITLE VIII—GENEKAL PROVISIONS DEFINITIONS

SEC. 801. As used in this Act— (a) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students onlypersons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any business school or technical institution which meets the provisions of clauses (1), (2), (4), and (5). For purposes of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered. (b) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands. (c) The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (d) The term "secondary school" means a school which provides secondary education as determined under State law except that it does not include any education provided beyond grade 12. (e) The term "Secretary" means the Secretary of Health, Education, and "Welfare. (f) The term "Commissioner" means the Commissioner of Education. (g) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, towns! ip, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public instition or agency having administrative control and direction of a public elementary or secondary school. (h) The term "State educational a^enc}^" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (i) The term "elementary school" means a school which provides elementary education including education below grade 1, as determined under State law.

1269

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[79 STAT.

METHOD OF PAYMENT

SEC. 802. Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and, in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments. FEDERAL ADMINISTRATION

SEC. 803. (a) The Commissioner is authorized to delegate any of his functions under this Act, except the making of regulations, to any officer or employee of the Office of Education. (b) In administering the provisions of this Act, the Commissioner is authorized to utilize the services and facilities of any agency of the I'ederal Government and of any other public or nonprofit agency or institution, in accordance with agreements between the Secretary and the head thereof. FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 804. (a) Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum,, program of instruction, administration, or personnel of any educational institution, or over the selection of library resources by any educational institution. (b) Nothing contained in this Act or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the membership practices or internal operations of any fraternal organization, fraternity, sorority, private club or religious organization at an institution of higher education (other than a service academy or the Coast Guard Academy) which is financed exclusively by funds derived from private sources and whose facilities are not owned by such institution. Approved November 8, 1965.

Public Law 89-330 Novembers, 19 65

[S. 209 2]

^'^

AC i

fjiQ amend the Agricultural Marketing Agreement Act of 1937 to permit marketing orders applicable to various fruits and vegetables to provide for paid advertising.

Be it enacted by the Senate and House of Representatives of the Mlrke"til'"^o'rUnited States of America in Congress assembled, That the Agriculders, paid adver- tural Adjustment Act of 1933, as amended, and as reenacted and ti^i^eamended by the Agricultural Marketing Agreement Act of 1937, as amended, is further amended as follows: 61 st^t. 707. (a) Section 2(3) is amended by inserting "such container and pack '^" ^° • requirements provided in section 8(c)(6)(H) ", immediately after "establish and maintain", 76^stat^*63?^' (b) The proviso at the end of section 8c (6)(I) is amended by insert7 USC 608c. i n g: ", carrots, citrus fruits, onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery, sweet com, limes, olives, pecans, or avocados" immediately after "applicable to cherries". Approved November 8, 1965.

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1271

Public Law 89-331 AN ACT

November 8, 1965

To amend and extend the provisions of the Sugar Act of 19^8, as amended.

[H. R. 11135]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may sugar Act be cited as the "Sugar Act Amendments of 1965". i^^s" ™^" ^ ° SEC. 2. Section 201 of the Sugar Act of 1948, as amended, is eistat. 923. amended (1) by striking out of the first sentence the words "month of ^ ^^^ ^ ^' '• December in" and substituting the words "last three months of"; and (2) by striking out of the second sentence "October 31" and substituting "September 30". SEC. 3. Section 202 of the Sugar Act of 1948, as amended, is ^e Stat. ise. J J

-e n

'

7

u s e 1112.

amended as follows: (1) Paragraphs (1) and (2)(A) of subsection (a) are amended 1 o read as follows: " (a)(1) For domestic sugar-producing areas, by apportioning Quotas, domesamong such areas six million three hundred and ninety thousand short j^g ^eas.*^' ° tons, raw value, as follows: Short tons, "Area raw value Domestic beet sugar 3, 025, 000 Mainland cane sugar 1,100, 000 Hawaii 1,110, 000 Puerto Rico 1,140, 000 Virgin Islands 15, 000 Total 6, 390, 000 "(2)(A) To or from the above total of six million three hundred and ninety thousand short tons, raw value, there shall be added or deducted, as the case may be, an amount equal to 65 per centum of the amount by which the Secretary's determination of requirements of consumers in the continental United States pursuant to section 201 for the calendar year exceeds ten million four hundred thousand short tons, raw value, or is less than nine million seven hundred thousand short tons, raw value. Such amount shall be apportioned between the domestic beet sugar area and the mainland cane sugar area on the basis of the quotas for such areas established under paragraph (1) of this subsection and the amounts so apportioned shall be added to, or deducted from the quotas for such areas." (2) Subsection (b) is amended to read as follows: "(b) For the Republic of the Philippines, in the amount of one Republic of the million and fifty thousand short tons, raw value, plus 10.86 per centum P'^^^^PP*"^^of the amount, not exceeding seven hundred thousand short tons, raw value, by which the Secretary's determination of requirements of consumers in the continental United States pursuant to section 201 for the calendar year exceed nine million seven hundred thousand short tons, raw value." (3) Subsection (c) is amended to read as follows: " (c)(1) For foreign countries other than the Republic of the Philip- Foreign coun. pines, an amount of sugar, raw value, equal to the amount determined pursuant to section 201 less the sum of the quotas established pursuant to subsection (a) and (b) of this section. "(2) For the calendar year 1965, for individual foreign countries 6ther than the Republic of the Philippines, by prorating the amount of sugar determined under paragraph (1) of this subsection among foreign countries on the basis of the quotas established in sugar regulation 811, as amended, issued February 15, 1965 (30 F.R. 2206). "(3) For the calendar year 1966 through 1971, inclusive, for individual foreign countries other than the Republic of the Philippines,

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[79 STAT.

Ireland, and the Bahama Ishmds, by prorating the amount of sugar determined under paragraph (1) of this subsection, less the amounts required to establish quotas as provided in paragraph (4) of this subsection for Ireland and the Bahama Islands, among foreign countries on the following basis: " (A) For countries in the Western Hemisphere: "Country

/

Per centum 50.00 7. 73 7. 56 7.56 6.03 3.02 1. lo .5)5 . 93 .89 .89 . 80 . 75 . 56 . 55 .42 .38 . 22 .00 . 09

Cuba Mexico Dominican Republic Brazil Peru British West Indies Ecuador French West Indies Argentina Costa Rica Nicaragua Colombia Guatemala Panama El Salvador Haiti Venezuela British Honduras Bolivia Honduras

" (B) For countries outside the Western Hemisphere: "Country Australia Republic of China India South Africa Fiji Thailand Mauritius Malagasy Republic Swaziland Southern Rhodesia Irel and. Bahama Islands.

.

Per centum 3.60 1.50 1. 44 1. 6 .79 .33 . 33 . 17 • 13 • 13

"(4) For the calendar year 1966 and each subsequent calendar year, for Ireland, in the amount of five thousand three hundred and fiftyone short tons, raw value, of sugar: and for the calendar year 1968 and each subsequent calendar year, for the Bahama Islands, in the amount of ten thousand short tons, raw value, of sugar: Provided. That the Secretary obtains such assurances from each such country as he may deem appropriate prior to January 1 of each such calendar year that the quota for such year will be filled with sugar produced in such country. (4) Subsections (d), (e), and (f) are hereby amended and sub7^us*c*'i 112' «t^<'tion (g) is added to read as follows: " (d) Notwithstanding any other provision of this Act^— ing o'f^quotl'!*'"^'^' "(1)(A) During the current period of suspension of diplomatic relations between the United States and Cuba, the quota provided for Cuba under subsection (c) shall be withheld and a quantity of sugar equal to such quota shall be prorated as follows: " (i) any quantity of quota withheld from Cuba at a determination u p to and including the amount of ten million short 61 |t^t. 9 23. tQj^g^ y^^y^- value, under section 201 shall be prorated to othei' ^ • foreign countries named in paragraph (8) of subsection (c) on the basis of the peiventages stated therein; and, in addition, "(ii) any quantity of quota withheld from Cuba at a determination in excess of the amount of ten million short tons, raw value, under section -201, shall be prorated to other foreign countries nanied in paragraph (8)(A) of subsection

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(c) that are members of the Organization of American States on the basis of the percentages stated therein. " (B) Whenever and to the extent that the President finds that the establishment or continuation of a quota or any part thereof for any foreign country would be contrary to the national interest of the United States, such quota or part thereof shall be withheld or suspended, and such importation shall not be permitted. A quantity of sugar equal to the amount of any quota so withheld or suspended shall be prorated to the other countries listed in subsection (c)(3)(A) (other than any country whose quota is withheld or suspended) on the basis of the quotas then in effect for such countries. " (C) The quantities of sugar prorated pursuant to the foregoing provisions of this subsection shall be designated as temporary quotas and the term 'quota' as defined in this Act shall include a temporary quota established under this subsection. "(2)(A) Whenever the Secretary finds that it is not practicable to obtain the quantity of sugar needed from foreign countries to meet any increase during the year in the requirements of consumers under section 201 by apportionment to countries pursuant to subsections (b) and (c) and the foregoing provisions of this subsection, such quantity of sugar may be imported on a first-come, first-served basis from any foreign country, except that no sugar shall be authorized for importation from Cuba until the United States resumes diplomatic relations with that country and no sugar shall be authorized for importation hereunder from any foreign country with respect to which a finding by the President is in effect under paragraph (1)(B) of this subsection: Provided, That such finding shall not be made in the first nine months of the year unless the Secretary also finds that limited sugar supplies and increases in prices have created or may create an emergency situation significantly interfering with the orderly movement of foreign raw sugar to the United States. In authorizing the importation of such sugar the Secretary shall give special consideration to countries which agree to purchase for dollars additional quantities of United States agricultural products. In the event that the requirements of consumers under section 201 are thereafter reduced in the same calendar year, an amount not exceeding such increase in requirements shall be deducted pro rata from the quotas established pursuant to subsection (c) and this subsection. " (B) Sugar imported under the authority of this paragraph (2) shall be raw sugar, except that if the Secretary determines that the total quantity is not reasonably available as raw sugar, he may authorize the importation for direct consumption of so much of such quantity as he determines may be required to meet the requirements of consumers in the United States. " (3) No quota shall be established for any country, other than the Bahama Islands, Bolivia, Honduras, and Ireland, for the year following a period of twenty-four months, ending June 30 prior to the establishment of quotas for such year, in which its aggregate imports of sugar equaled or exceeded its aggregate exports of sugar from such cotmtry to countries other than the United States. "(4) Whenever in any calendar year any foreign country fails, subject to such reasonable toilerance as the Secretary may determine, to fill the quota as established for it pursuant to this Act, the quota for such country for subsequent calendar years shall be reduced by the smaller of (i) the amount by which such country failed to fill such quota or (ii) the amount by which its exports 49-850 0-66—83

1273

Withholding of quotas, Presidential determination.

"Quota." Emergency provision. 61 Stat. 9 23.

7 USC n i l. Imports from Cuba, restriction,.

Import-export restriction.

Penalty provision, reduction c quotas.

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1274

Post,

p. 1275.

R e s to r a t i o n of quotas, P r e s i dential determination.

61 Stat. 923. 7 USC 1111.

Quota limitation on quarterly b a s i s.

[79 STAT.

of sugar to the United States in the year such quota was not filled was less than 115 per centum of such quota for the preceding calendar year: Provided, That (i) no such reduction shall be made if the country has notified the Secretary before August 1 of such year (or, with respect to events occurring thereafter, as soon as practicable after such event), of the likelihood of such failure and the Secretary finds that such failure was due to crop disaster or other force majeure, unless such country exported sugar in such year to a country other than the United States, in which case the reduction in quota for the subsequent years shall be limited to the amount of such exports, as determined by the Secretary, and (ii) in no event shall the quota for the Republic of the Philippines be reduced to an amount less than nine hundred and eighty thousand short tons, raw value, of sugar. "(5) Any reduction in a quota because of the requirements of paragraphs (3) and (4) of this subsection shall be prorated to other foreign countries in the same manner as deficits are prorated under section 204 of this Act. For purposes of determining unfilled portions of quotas, entries of sugar from a foreign country shall be prorated between the temporary quota established pursuant to paragraph (1) of this subsection and the quota established pursuant to subsection (c). "(6) If any foreign country fails to give assurance to the Secretary, on or before December 31, 1965, that such country will fill the quota as established for it under subsection (c)(3) and paragraph (1) of this subsection for years after 1965, the quota for such country for such years shall be reduced to the amount which the country gives assurance that it will fill for such years. The portion of the quota for such country for which such assurance is not given shall be withdrawn for such years and a quantity of sugar equal to such portion shall be prorated to other foreign countries in the same manner as deficits are prorated under section 204 of this Act. For purposes of applying paragraph (4) of this subsection, any reduction in the quota of a foreign country under this paragraph shall be disregarded. "(e) Whenever the President finds that it is no longer contrary to the national interest of the United States to reestablish a quota or part thereof withheld or suspended under subsection (d)(1) of this section, and, in the case of Cuba, diplomatic relations have been resumed by the United States, such quota shall be restored in the manner the President finds appropriate: Provided, That the entire amount of such quota shall be restored for the third full calendar year following such finding by the President. The temporary quotas established pursuant to subsection (d)(1) shall, notwithstanding any other provision of this section, be reduced pro rata to the extent necessary to restore the quota in accordance with the provisions of this subsection. "(f) Whenever any quota is required to be reduced pursuant to subsection (e) or because of a reduction in the requirements of consumers under section 201 of this Act, and the amount of sugar imported from any country or marketed from any area at the time of such reduction exceeds the reduced quota, the amount of such excess shall, notwithstanding any other provision of this section, be deducted from the quota established for such country or domestic area for the next succeeding calendar year. " (g) The Secretary is authorized to limit, through the use of limitations applied on a quarterly basis only, the importation of sugar within the quota for any foreign country during the first and second quarters of any calendar year whenever he determines that such limitation is necessary to achieve the objectives of the Act: Provided, That

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1275

this subsection shall not operate to reduce the quantity of sugar permitted to be imported for any calendar year from any country below its quota, including deficits allocated to it, for that year. " (h) The quota established for any foreign country and the quantity authorized to be imported from any country under subsection (d)(2) of this section may be filled only with sugar produced from sugarbeets or sugarcane grown in such country." SEC. 4. Section 204 of the Sugar Act of 1948, as amended, is amended Reallocation of to read as follows: ^^e'Stat. 1,50, "SEC. 204. (a) The Secretary shall from time to time determine 169. Avhether, in view of the current inventories of sugar, the estimated "^ "^^ ^^^' production from the acreage of sugarcane or sugarbeets planted, the normal marketings within a calendar year of new-crop sugar, and other pertinent factors, any area or country will be unable to market the quota for such area or country. If the Secretary determines that any domestic area or foreign country listed in section 202(c)(3)(A) ^"^' P" ^272. will be unable to market its quota, he shall revise the quota for the Republic of the Philippines by allocating to it an amount of sugar equal to 47.22 per centum of the deficit, and shall allocate an amount of sugar equal to the remainder of the deficit to the countries listed in section 202(c)(3)(A) on the basis of the quotas then in effect for such countries: Provided, That any deficit resulting from the inability of a country which is a member of the Central American Common Market to nil its quota shall first be allocated to the other member countries on the basis of the quotas then in effect for such countries: Arid 'provided further. That if any quota is restored to Cuba, the maximum per centum of 47.22 of the deficit to be allocated to the Republic of the Philippines shall be reduced to a per centum equal to that which the Philippine quota under subsection (b) of section 202 bears to the sum of such Philippine quota and the quotas then in effect for all foreign countries pursuant to subsection (c) of section 202. If the Secretary determines the Republic of the Philippines will be unable to fill its share of any deficit determined under the foregoing provisions of this subsection, he shall allocate such unfilled amount to the countries listed in section 202(c)(3)(A) on the basis of the quotas then in effect for such countries. If the Secretary determines that neither the Republic of the Philippines nor the countries listed in section 202(c)(3)(A) can fill all of any such deficit, he shall apportion such unfilled amount on such basis and to such foreign countries as he determines is required to fill such deficit. If the Secretary determines that any foreign country with a quota established pursuant to section 202(c)(3)(B) or section 202(c)(4) will be unable to market the quota for such area or country, he shall revise the quota for the Republic of the Philippines by allocating to it an amount of sugar equal to 47.22 per centum of the deficit, and shall allocate an amount of sugar equal to the remainder of the deficit to the countries listed in section 202(c)(3)(B) on the basis of the quotas then in effect for such countries: Provided, That if any quota is restored to Cuba, the maximum per centum of 47.22 of the deficit to be allocated to the Republic of the Philippines shall be reduced to a per centum equal to that which the Philippine quota under subsection (b) of section 202 bears to the sum of such Philippine quota and the quotas then in effect for all foreign countries pursuant to subsection (c) of section 202. If the Secretary determines the Republic of the Philippines will be unable to fill its share of any deficit determined for any country listed in section 202(c)(3)(B), he shall allocate such unfilled amount to the countries so listed on the basis of the quotas then in effect for such countries. If the Secretary determines that neither the Republic of the Philippines nor the countries listed in section 202(c)(3)(B) can fill all of any such deficit, he shall apportion such unfilled amount

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Ante, p. 127 1.

Allotment of 61 Stat. 9 26. 7 USC 1115.

quotas.

PUBLIC LAW 89-331-NOV. 8, 1965

[79 STAT.

on such basis and to such foreign countries as he determines is required to fill such deficit. If the Secretary determines that the Republic of the Philippines will be unable to market its quota, he shall allocate an amount of sugar equal to the deficit to the countries listed in section 202(c)(3) on the basis of the quotas then in effect for such countries. Deficits shall not be allocated to any country whose quota has been suspended or withheld pursuant to subsection (d)(1) of section 202. The Secretary shall insofar as practicable determine and allocate deficits so as to assure the availability of the sugar for importation during the calendar year. I n any event, any deficit, so far as then known, shall be determined and allocated by August 1 of the calendar year. I n making allocations for foreign countries within the Western Hemisphere under this subsection, special consideration shall be given to those countries purchasing United States agricultural commodities. Notwithstanding the foregoing provisions of this subsection, if the President determines that such action would be in the national interest, any part of a deficit which would otherwise be allocated to countries listed in section 202(c) may be allocated to one or more of such countries with a quota in effect on such basis as the President finds appropriate, "(b) The quota established for any domestic area or any foreign country under section 202 shall not be reduced by reason of any determination of a deficit existing in any calendar year under subsection (a) of this section: Provided, That the quota for any foreign country shall be reduced to the extent that it has notified the Secretary that it cannot fill its quota and the Secretary has found under section 202(d) (4) that such failure was due to crop disaster or other force majeure." g^c. 5. Section 205 of the Sugar Act of 1948, as amended, is amended, (1) by inserting after the third sentence thereof the following new sentence: "The Secretary is also authorized in making such allotments of a quota for any calendar year to take into consideration, in lieu of or in addition to the foregoing factors of processing, past marketings, and ability to market, the need for establishing an allotment which will permit such marketing of sugar as is necessary for the reasonably efficient operation of any nonaffiliated single plant processor of sugarbeets or any processor of surgarcane and as may be necessary to avoid unreasonable carryover of sugar in relation to other processors in the area: Provided, That the marketing allotment of any such processor of sugarbeets shall not be increased under this provision above an allotment of twenty-five thousand short tons, raw value, and the marketing allotment of a processor of sugarcane shall not be increased under this provision above an allotment equal to the effective inventory of sugar of such processor on January 1 of the calendar year for which such allotment is made, except that the marketing allotment for 1965 of any processor of sugarcane, other than a processor-refiner, may, in the discretion of the Secretary, be increased by an additional six thousand two hundred short tons of sugar, rawvalue: Provided further, That the total increases in marketing allotments made pursuant to this sentence to processors in the domestic beet sugar area shall be limited to twenty-live thousand short tons of sugar, raw value, for each calendar year and to processors in the mainland cane sugar area shall be limited to sixteen thousand short tons of sugar, raw value, for each calendar year."; and (2) by adding at the end of subsection (a) the following sentence: "If allotments are in effect at the time of a reduction in a domestic area quota for any year, the amount marketed by a person in excess of the amount of his allotment as reduced in conformity with the reduction in the quota shall not be taken into consideration in establishing an allotment in the next succeeding year for such person, and any allotment estab-

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Page:United States Statutes at Large Volume 79.djvu/1317

 79 STAT. ]

PUBLIC LAW 89-331-NOV. 8, 1965

1277

lished for such person for the next succeeding year shall be reduced by such excess amount." SEC. 6. Section 206 of the Sugar Act of 1948, as amended, is amended 1

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sugar-containing p r o d u c t s, limita-

to read as lollows: tion„ "SEC. 206. (a) If the Secretary determines that the prospective 76 Stat. lei. importation or bringing into the continental United States, Hawaii, or ^ ^^^ ^ ^ '^' Puerto Rico of any sugar-containing product or mixture will substantially interfere with the attainment of the objectives of this Act, he may limit the quantity of such product or mixture to be imported or brought in from any country or area to a quantity which he determines wdll not so interfere: Provided, That the quantity to be imported or brought in from any country or area in any calendar year shall not be reduced below the average of the quantities of such product or mixture annually imported or brought in during the most recent three consecutive years for which reliable data of the importation or bringing in of such product or mixture are available. " (b) In the event the Secretary determines that the prospective importation or bringing into the continental United States, Hawaii, or Puerto Rico, of any sugar-containing product or mixture will substantially interfere with the attainment of the objectives of this Act and there are no reliable data available of such importation or bringing in of such product or mixture for three consecutive years, he may limit the quantity of such product to be imported or brought in annually from any country or area to a quantity which the Secretary determines will not substantially interfere with the attainment of the objectives of the Act, provided that such quantity from any one country or area shall not be less than a c[uantity containing one hundred short tons, raw value of sugar or liquid sugar. "(c) I n determining whether the actual or prospective importation or bringing into the continental United States, Hawaii, or Puerto Rico of a quantity of a sugar-containing product or mixture will or will not substantially interfere wth the attainment of the objectives of this Act, the Secretary shall take into consideration the total sugar content of the product or mixture in relation to other ingredients or to the sugar content of other products or mixtures for similar use, the costs of the mixture in relation to the costs of its ingredients for use in the continental United States, Hawaii, or Puerto Rico, the present or prospective volume of importations relative to past importations, the type of packaging, whether it will be marketed to the ultimate consumer in the identical form in which it is imported or the extent to which it is to be further subjected to processing or mixing with similar or other ingredients, and other pertinent information which will assist him in making such determination. In making determinations pursuant to this section, the Secretary shall conform to the rulemaking requirements of section 4 of the Administrative Procedure Act." _ _ fusc^'io^s' SEC. 7. Subsections (d) and (e) of section 207 of the Sugar Act Direct-consump. of 1948, as amended, are amended as follows: tion sugar, uraita" (d) Not more than fifty-nine thousand nine hundred and twenty 'Tusc 1117. short tons, raw value, of the quota for the Republic of the Philippines may be filled by direct-consumption sugar. "(e) None of the quota established for any foreign country other than the Republic of the Philippines and none of the deficit prorations and apportionments for any foreign country established under or in accordance with section 204(a) may be filled by direct-consumption Ante, p. 1275. sugar: Provided, That the quotas for Ireland, and Panama may be filled by direct-consumption sugar to the extent of five thousand three hundred and fifty-one short tons, raw value, for Ireland and three thousand eight hundred and seventeen short tons, raw value, for Panama."

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Page:United States Statutes at Large Volume 79.djvu/1318

 1278 76 Stat. 162. 7 USC 1119.

61 Stat. 9 29. 7 USC 1122.

68 A Stat. 80 I. 26 USC 6418.

26 USC 6511.

PUBLIC LAW 89-331-NOV. 8, 1965

[79 STAT.

SEC. 8. Section 209 of the Sugar Act of 1948, as amended, is amended by striking from subsection (e) thereof the words "any sugar or liquid sugar-' and inserting in lieu thereof the following: "any sugar or liquid sugar in excess of one hundred pounds in any calendar year". SEC. 9. (a) Section 212 of the Sugar Act of 1948, as amended, is amended by inserting before the period at the end thereof the following: ", or for the production (other than by distillation) of alcohol, including all polyhydric alcohols, but not including any such alcohol or resulting by-products for human food consumption". (b) Section 6418(a) of the Internal Revenue Code of 1954 is amended— (1) by inserting "OR PRODUCTION" after "DISTILLATION" in the heading of such section, and (2) by inserting after "the distillation of alcohol," in the text of such section the following: "or for the production of alcohol (other than alcohol produced for human food consumption),". (c) The heading of section 6511(e)(1) of the Internal Revenue Code of 1954 is amended by inserting "OR PRODUCTION" after "DISTILLATION".

Tusc^'ius Proportionate s h a r e s, determina-

tion. 76 Stat. 164. 7 USC 1132.

^^^- 1^- Section 213 of the Sugar Act of 1948, as amended, is repealed. g^^. 11. Section 302 of the SugaT Act of 1948, as amended, is T i

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amended as follows: (1) Paragraph (1) of subsection (b) is amended to read as follows: whether the production of sugar from any crop of sugarbeets or sugarcane will, in the absence of proportionate shares, be greater than the quantity needed to enable the area to meet its quota and provide a normal carryover inventory, as estimated by the Secretary for such area for the calendar year during which the larger part of the sugar from such crop normally would be marketed. Such determination shall be made only with respect to the succeeding crop year and, beginning with the 1966 crop year, only after due notice and opportunity for an ii;iformal Public hearing. public hearing. If the Secretary determines that the production of sugar from any crop of sugarbeets or sugarcane will be in excess of the quantity needed to enable the area to meet its quota and provide a normal carryover inventory, he shall establish proportionate shares for farms in such areas as provided in this subsection, except that the determinations by the Secretary of proportionate shares for farms in Hawaii and the Virgin Islands in effect on January 1, 1965, shall continue in effect until amended or superseded. In determining the proportionate shares with respect to a farm, the Secretary may take into consideration the past production on the farm of sugarbeets and sugarcane marketed (or processed) for the extraction of sugar or liquid sugar (within proportionate shares when in effect) and the ability to produce such sugarbeets and sugarcane." sugarbeet acre(2) The first senteuce of paragraph (3) of subsection (b) is age reserves. amended to Tcad as follows: " I n order to make available acreage for growth and expansion of the beet sugar industry, the Secretary in addition to protecting the interest of new and small producers by regulations generally similar to those heretofore promulgated by him pursuant to this Act, shall reserve each year from 1962 through 1966,
 * '(b)(1) The Secretary shall determine for each crop year

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 79 STAT. ]

PUBLIC LAW 89-331-NOV. 8, 1965

1279

inclusive, from the national sugarbeet acreage requirement established by him, the acreage required to yield sixty-five thousand short tons, raw value, of sugar." (3) Paragraph (5) of subsection (b) is amended by striking the y^us'c^'i/aa' words " I n determining farm proportionate shares" and inserting in lieu thereof the words "Whether farm proportionate shares are or are not determined". (4) Subsection (b) is amended by adding new paragraphs (8) and (9) as follows: "(8) I n order to protect the sugarbeet production history for farm. sugarbeet pro/

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duction history,

operators (or larms) who m any crop year, because oi a crop-rotation preservation. program or for reasons beyond their control, are unable to utilize all or a portion of the farm proportionate share acreage established pursuant to this section, the Secretary may reserve for a period of not more than three crop years the production histx)ry for any such farm operators (or farms) to the extent of the farm proportionate share acreage released. The proportionate share acreage so released may be reallotted to other farm operators (or farms), but no production history shall accrue to such other farm operators (or farms) by virtue of such reallocation of the proportionate share acreage so released. " (9) The Secretary is authorized to reserve from the national sugar- sugarcane acreage sugarbeet, reserves. beet acreage requirements for the 1966, 1967, and 1968 crops of sugarbeets a total acreage estimated to yield not more than twenty-five thousand short tons, raw value, for each such crop to provide any nonaffiliated single plant processor of sugarbeets with an estimated quantity of sugar for marketing of not to exceed twenty-five thousand short tons of sugar, raw value. The Secretary is also authorized to reserve from the acreage which would otherwise be allocated to sugarcane producers in the mainland cane sugar area for the 1965 and 1966 crops of sugarcane a total acreage estimated to yield not more than sixteen thousand short tons of sugar, raw value, for each such crop which shall be allocated to relieve hardship on the part of new producers in such manner as the Secretary may deteiTnine: Provided, That acreage allocated hereunder for the 1965 crop shall be in addition to the total acreage heretofore allocated in such area for the 1965 crop. The Secretary shall allocate the acreage provided for in this paragraph to farms on such basis as he determines necessary to accomplish the purposes for which such acreages are provided under this paragraph." SEC. 12. (1) Subsection (b) of section 402 of the Sugar Act of ity^crelt'^c^^or.' 1948, as amended, is amended by adding the following sentence thereto: ation faciiitf^^"'^' "The Secretary is authorized to use the services, facilities, and authori- e i Stat. 932. ties of Commodity Credit Corporation for the purpose of making disbursements to persons eligible to receive payments under title III of this Act: Provided, That no such disbursements shall be made by 1137^^^^ '^^^' Commodity Credit Corporation unless it has received funds to cover the amounts thereof from appropriations available for the purpose of carrying out such program." (2) Subsection (a) of section 408 of such Act is amended by adding tio^n^rqu°rem<™?s" the following at the end thereof: "During any period that the opera- estimation. tion of the provisions of title II is so suspended by the President, the '' fj|^ ^j^s. Secretary shall estimate for each year the amount of sugar needed to 1123. meet requirements of consumers in the United States and the amount the quota for each country would be if calculated on the basis as provided in section 202 of this Act. Notice of such estimate and quota pubj^^fati^n^ n calculation shall be published in the Federal Register. If any country Fed'erarRe°g'is\"r.

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 1280

Ante,

PUBLIC LAW 89-331-NOV. 8, 1965

p. 1273.

76 Stat. 166. 7 USC 1158.

Ante,

p. 1275.

Expropriation of U.S. property, penalty.

Termination date. 7 USC 110 1 note. 26 USC 4501.

[79 STAT.

fails to import into the continental United States within the quota year, an amount of sugar equal to the amount the quota would be as calculated for such country by the Secretary for such year, the quota established for such country in subsequent years under the provisions of title II shall be reduced as provided in section 202(d)(4) of this Act: Provided, That quotas for subsequent years shall not be reduced when quotas are suspended under this subsection and reestablished in the same calendar year." (3) Subsection (b) of section 408 of such Act is amended by striking out the last sentence thereof and substituting in lieu thereof the following: "Any quantity so suspended shall be allocated in the same manner as deficits are allocated under the provisions of section 204 of this Act." (4) Subsection (c) of section 408 of such Act is amended to read as follows: " (c) I n any case in which a nation or a political subdivision thereof has hereafter (1) nationalized, expropriated, or otherwise seized the ownership or control of the property or business enterprise owned or controlled by United States citizens or any corporation, partnership or association not less than 50 per centum beneficially owned by United States citizens or (2) imposed upon or enforced against such property or business enterprise so owned or controlled, discriminatory taxes or other exactions, or restrictive maintenance or operational conditions not imposed or enforced with respect to the property or business enterprise of a like nature owned or operated by its own nationals or the nationals of any government other than the Government of the United States or (3) imposed upon or enforced against such property or business enterprise so owned or controlled, discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating or otherwise seizing ownership or control of such property or business enterprise or (4) violated the provisions of any bilateral or multilateral international agreement to which the United States is a party, designed to protect such property or business enterprise so owned or controlled, and has failed within six months following the taking of action in any of the above categories to take appropriate and adequate steps to remedy such situation and to discharge its obligations under international law toward such citizen or entity, including the prompt payment to the owner or owners of such property or business enterprise so nationalized, expropriated or otherwise seized or to provide relief from such taxes, exactions, conditions or breaches of such international agreements, as the case may be, or to arrange, with the agreement of the parties concerned, for submitting the question in dispute to arbitration or conciliation in accordance with procedures under which final and binding decision or settlement will be reached and full payment or arrangements with the owners for such payment made within twelve months following such submission, the President shall suspend any quota, proration of quota, or authorization to import sugar under this Act of such nation until he is satisfied that appropriate steps are being taken. Any quantity so suspended shall be allocated in the same manner as deficits are allocated under section 204 of this Act." (5) Section 412 of such Act (relating to termination of the powers of the Secretary under the Act) is amended by striking out "1966" in each place it appears therein and inserting in lieu thereof "1971". SEC. 13. Section 4501(b) (relating to termination of taxes on sugar) of the Internal Revenue Cbde of 1954 is amended by striking out

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PUBLIC LAW 89-332-NOV. 8, 1965

"1967-' ill each place it appears therein and inserting in lieu thereof "1972". SEC. 14. Except as hereinafter provided, the provisions of this Act shall become effective January 1, 1965. The amendments made by section 4 of this Act shall become effective January 1, 1966. The amendments made by section 9 of this Act shall become effective on the date of the enactment of this Act. Approved November 8, 1965.

1281

Effective dates.

Public Law 89-332 AN ACT

To provide for the right of persons to be represented in matters before Federal agencies.

November 8, 1965 rS 17581

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That— ci^r'^^'^^^ '^^^"' (a) Any person who is a member in good standing of the bar of Attorney and the highest court of any State, possession, territory, Commonwealth, ^on's^fo^cr'nt ^ or the District of Columbia may represent others before any agency representation. upon filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular party in whose behalf he acts. (b) Any person who is duly qualified to practice as a certified public accountant in any State, possession, territory. Commonwealth, or the District of Columbia may represent others before the Internal Revenue Service of the Treasury Department upon filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular party in whose behalf he acts. (c) Nothing herein shall be construed (i) to grant or deny to any person who is not qualified as provided by subsection (a) or (b) the right to appear for or represent others before any agency or in any agency proceeding; (ii) to authorize or limit the discipline, including disbarment, of persons who appear in a representative capacity before any agency; (iii) to authorize any person who is a former officer or employee of an agency to represent others before an agency where such representation is prohibited by statute or regulation; or (iv) to prevent an agency from requiring a power of attorney as a condition to the settlement of any controversy involving the payment of money. (d) This section shall not be applicable to practice before the ex^rtron°^^'''^' Patent Office with respect to patent matters which shall continue to be covered by chapter 3 (sections 31 to 33) of title 35 of the United States Code. 66 Stat. 795. SEC. 2. When any participant in any matter before an agency is service. represented by a person qualified pursuant to subsection (a) or (b) of section 1, any notice or other written communication required or permitted to be given to such participant in such matter shall be given to such representative in addition to any other service specifically required by statute. If a participant is represented by more than one such qualified representative, service upon any one of such representatives shall be sufficient. SEC. 3. As usexi in this Act, "agency" shall have the same meaning "Agency," as it does in section 2(a) of the Administrative Procedure Act, as amended (60 Stat. 237, as amended). s use 1001. Approved November 8, 1965.

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 1282

PUBLIC LAW 89-333-NOV. 8, 1965

[79 STAT.

Public Law 89-333 November 8, 19 65 [H. R. 8310]

Vocational Reh a b i l i t a t i o n Act Amendments of 1965.

AN ACT To amend the Vocational Rehabilitation Act to assist in providing more flexibility in the financing and administration of State rehabilitation programs, and to assist in the expansion and improvement of services and facilities provided under such programs, particularly for the mentally retarded and other groups presenting special vocational rehabilitation problems, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Vocational Rehabilitation Act Amendments of 1965". AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS

68 Stat. 65 2. 29 USC 31-33.

SEC. 2. (a) Sections 1, 2, and 3 of the Vocational Rehabilitation Act are amended to read as follows: ' • AUTHORIZATION OF APPROPRIATIONS FOR G R A N T S; PURPOSES FOR W H I C H AVAILAKLE

1. (a) The Secretary is authorized to make grants as provided in this Act for the purpose of assisting States in rehabilitating handicapped individuals so that they may prepare for and engage in gainful employment to the extent of their capabilities, thereby increasing not only their social and economic well-being but also the productive capacity of the Nation. " (b)(1) For the purpose of making grants to States under section 2 to assist them in meeting the costs of vocational rehabilitation services, there is authorized to be appropriated for the fiscal year ending June 30, 1966, the sum of $300,000,000, for the fiscal year ending June 30, 1967, the sum of $360,000,000, and for the fiscal year ending June 30, 1968, the sum of $400,000,000. "(2) For the purpose of making grants under section 3, relating to grants to States to assist them in meeting the costs of projects for innovation of vocational rehabilitation services, there is authorized to be appropriated for the fiscal year ending June 30, 1966, the sum of $5,000,000, for the fiscal year ending June 30, 1967, the sum of $7,000,000, and for the fiscal year ending June 30, 1968, the sum of $9,000,000. "(3) For the purpose of making grants (A) under section 4(a)(1) for research, demonstrations, training, and traineeships; (B) under clause 1(2)(A) of section 4(a) for planning, preparing for, and initiating special programs to expand State vocational rehabilitation services; and (C) under clause (2)(B) of section 4(a) to meet the cost of planning for the development of a comprehensive vocational rehabilitation program in each State, there is authorized to be appropriated for the fiscal year ending June 30, 1966, the sum of $80,000,000, for the fiscal year ending June 30, 1967, the sum of $104,000,000, and for the fiscal year ending June 30, 1968, the sum of $117,000,000. "(4) For the fiscal year ending June 30, 1969, and each of the succeeding fiscal years, only such sums may be appropriated for the purposes described in paragraphs (1), (2), and (3) as the Congress may hereafter authorize by law. "SECTION

Post,

p. 1289.

Post,

p. 1290.

" G R A N T S TO STATES FOR VOCATIONAL R E H A B I L I T A T I O N

SERVICES

"SEC. 2. (a) For each fiscal year each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appropriated by paragraph (1) of section 1(b) for meeting

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