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 100 STAT. 1490

State and local governments.

PUBLIC LAW 99-498—OCT. 17, 1986

>; nished either to the holder (or if unknown, the insurer) of the '^ h note, not later than 60 days after such termination or failure to re-enroll; and "(D) the limitation, suspension, or termination of the eligibility for any program under this title of any otherwise eligible institution, or the imposition of a civil penalty under paragraph (2)(B) whenever the Secretary has determined, after reasonable notice and opportunity for hearing on the record, that such institution has violated or failed to carry out any provision of this title or any regulation prescribed under this title, except that no period of suspension under this section shall exceed 60 days unless the institution and the Secretary agree to an extension or unless limitation or termination proceedings are initiated by the Secretary within that period of time. "(2)(A) Upon determination, after reasonable notice and opportunity for a hearing on the record, that an eligible institution has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, or the employability of its graduates, the Secretary may suspend or terminate the eligibility status for any or all programs under this title of any otherwise eligible institution, in accordance with procedures specified in paragraph (1)(D) of this subsection, until the Secretary finds that such practices have been corrected. "(B)(i) Upon determination, after reasonable notice and opportunity for a hearing on the record, that an eligible institution— "(I) has violated or failed to carry out any provision of this title or any regulation prescribed under this title; or "(II) has engaged in substantial misrepresentation of the "--'^ nature of its educational program, its financial charges, and the employability of its graduates, the Secretary may impose a civil penalty upon such institution of not to exceed $25,000 for each violation or misrepresentation. "(ii) Any civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the institution of higher education subject to the determination, and the gravity of the violation, failure, or misrepresentation shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the institution charged. (3) The Secretary shall publish a list of State agencies which the Secretary determines to be reliable authority as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for all Federal student assistance programs. "(d) DEFINITION OF ELIGIBLE INSTITUTION.—For the purpose of this section, the term 'eligible institution' means any such institution described in section 435(a) of this Act. TRANSFER OF ALLOTMENTS

State and local governments.

20 USC 1095.

"SEC. 488. Up to 10 percent of the allotment of an eligible institution for a fiscal year under section 413D or 446 of this Act, may be transferred to, and used for the purposes of, the institution's allotment under the other section within the discretion of such institution in order to offer an arrangement of types of aid, including institutional and State aid, which best fits the needs of each individ-

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100 STAT. 1491

ual student. The Secretary shall have no control over such transfer, except as specifically authorized, except for the collection and dissemination of information. "ADMINISTRATIVE EXPENSES

489. (a) AMOUNT OF PAYMENTS.—From the sums appro- 20 USC 1096. priated for any fiscal year for the purpose of the program authorized under subpart 1 of part A, the Secretary shall reserve such sums as may be necessary to pay to each institution with which he has an a^eement under section 487, an amount equal to $5 for each student at that institution who receives assistance under subpart 1 of part A. In addition, an institution which has entered into an '^ •riJOa agreement with the Secretary under subpart 2 of part A or part C (other than section 448), of this title or under part E of this title shall be entitled for each fiscal year which such institution disburses funds to eligible students under any such part to a payment for the purpose set forth in subsection (b). The payment for a fiscal year shall be payable from each such allotment by payment in accordance with regulations of the Secretary and shall be equal to 5 percent of the institution's first $2,750,000 of expenditures plus 4 percent of the institution's expenditures greater than $2,750,000 and less than $5,500,000, plus 3 percent of the institution's expenditures in excess of $5,500,000 during the fiscal year from the sum of its grants to students under subpart 2 of part A, its expenditures during such fiscal year under part C for compensation of students, and the principal amount of loans made during such fiscal year from its student loan fund established under part E, excluding the principal amount of any such loans which the institution has agreed to assign under section 463(a)(6)(B). The payment for a fiscal year for the purpose of subsection (b) with respect to section 447 shall be payable from each allotment under part C in accordance with regulations of the Secretary, and shall be 10 percent of the institution's expenditures during such fiscal year under such section. "(b) PURPOSE OF PAYMENTS.—The sums paid to institutions under this part are for the sole purpose of offsetting the administrative costs of the programs described in subsection (a). "SEC.

' 'CRIMINAL PENALTIES

"SEC. 490. (a) IN GENERAL.—Any person who knowingly and will- 20 USC 1097. fully embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery any funds, assets, or property provided or insured under this title shall be fined not more than $10,000 or imprisoned for not more than 5 years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud, false statement, or forgery does not exceed $200, the fine shall not be more than $1,000 and imprisonment shall not exceed one year, or both. "(b) ASSIGNMENT OF LOANS.—Any person who knowingly and

willfully makes any false statement, furnishes any false information, or conceals any material information in connection with the assignment of a loan which is made or insured under this title shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. "(c) INDUCEMENTS TO LEND OR ASSIGN.—Any person who knowingly and willfully makes an unlawful payment to an eligible lender under part B as an inducement to make, or to acquire by assign-

71-19A 0 - 89 - 1A: QL. 3 Part 2

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


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Page:United States Statutes at Large Volume 100 Part 2.djvu/390

 100 STAT. 1492

PUBLIC LAW 99-498—OCT. 17, 1986

ment, a loan insured under that part shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. "(d) OBSTRUCTION OF JUSTICE.—Any person who knowingly and

''

willfully destroys or conceals any record relating to the provision of assistance under this title with intent to defraud the United States or to prevent the United States from enforcing any right obtained by subrogation under this part, shall upon conviction thereof, be fined not more than $10,000 or imprisoned not more than 5 years, or both. "ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE

20 USC 1098.

"SEC. 491.

(a) ESTABLISHMENT AND PURPOSE.—(1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the 'Advisory Committee') which shall provide advice and counsel to the Congress and to the Secretary on student financial aid matters. "(2) The purpose of the Advisory Committee is— "(A) to provide extensive knowledge and understanding of the Federal, State, and institutional programs of postsecondary student assistance; "(B) to provide technical expertise with regard to systems of needs analysis and application forms; and "(C) to make recommendations that will result in the maintenance of access to postsecondary education for low- and middleincome students. "(b) INDEPENDENCE OF ADVISORY COMMITTEE.—In the exercise of

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its functions, powers, and duties, the Advisory Committee shall be independent of the Secretary and the other offices and officers of the Department. The recommendations of the Committee shall not be subject to review or approval by any officer in the executive branch, but may be submitted to the Secretary for comment prior to submission to the Congress in accordance with subsection (f). "(c) MEMBERSHIP.—(1) The Advisory Committee shall have 11 members of which— "(A) 3 members shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, "(B) 3 members shall be appointed by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader, and "(C) 5 members shall be appointed by the Secretary including, but not limited to representatives of States, institutions of higher education, secondary schools, credit institutions, students, and parents. "(2) Not less than 7 members of the Advisory Committee shall be individuals who have been appointed on the basis of technical qualifications, professional standing and demonstrated knowledge in the fields of higher education and student aid administration, need analysis, financing postsecondary education, student aid delivery, and the operations and financing of student loan guarantee agencies. "(d) FUNCTIONS OF THE COMMITTEE.—The Advisory Committee shall— "(1) develop, review, and comment annually upon the system of needs analysis established under sections 411A through 411E and part F of this title;

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1493

"(2) monitor, apprise, and evaluate the effectiveness of student aid delivery and recommend improvements; "(3) recommend data collection needs and student information requirements which would improve access and choice for eligible students under this title and assist the Department of Education in improving the delivery of student aid and in assessing the impact of legislative and administrative policy proposals; "(4) review and comment upon, prior to promulgation, all regulations affecting programs under this title, including proposed regulations; "(5) recommend to the Congress and to the Secretary such studies, surveys, and analyses of student financial assistance programs, policies, and practices, including the special needs of low-income, disadvantaged, and nontraditional students, and the means by which the needs may be met, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses; "(6) review and comment upon standards by which financial need is measured in determining eligibility for Federal student assistance programs; and "(7) appraise the adequacies and deficiencies of current student financial aid information resources and services and evaluate the effectiveness of current student aid information programs. "(e) OPERATIONS OF THE COMMITTEE.—(1) Each member of the Advisory Committee shall be appointed for a term of 3 years, except that, of the members first appointed— "(A) 4 shall be appointed for a term of 1 year; "(B) 4 shall be appointed for a term of 2 years; and •-^-' "(C) 3 shall be appointed for a term of 3 years, as designated at the time of appointment by the Secretary. "(2) Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of such term. A member of the Advisory Committee shall, upon request, continue to serve after the expiration of a term until a successor has been appointed. A member of the Advisory Committee may be reappointed to successive terms on the Advisory Committee. "(3) The Advisory Committee shall elect a Chairman and a Vice Chairman from among its members. "(4) Six members of the Advisory Committee shall constitute a quorum. "(5) The Advisory Committee shall meet at the call of the Chairman or a majority of its members. "(f) SUBMISSION TO DEPARTMENT FOR COMMENT.—The Advisory

Committee may submit its proposed recommendations to the Department of Education for comment for a period not to exceed 30 days in each instance. (g) COMPENSATION AND EXPENSES.—(1) Members of the Advisory

Committee who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/392

 100 STAT. 1494

5 USC 5101 et ^ ^^
 * ^9- .„„

Contracts.

20 USC 1091 note.

PUBLIC LAW 99-498—OCT. 17, 1986

"(2) Members of the Advisory Committee who are not officers or full-time employees of the United States may each receive reimbursement for travel expenses incident to attending Advisory Committee meetings, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. "(h) PERSONNEL AND RESOURCES.—(1) The Advisory Committee may appoint such personnel as may be necessary by the Chairman without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subtitle III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the rate authorized for GS-18 of the General Schedule. "(2) In carrying out its duties under the Act, the Advisory Committee shall consult with other Federal agencies, representatives of State and local governments, and private organizations to the extent feasible. "(3)(A) The Advisory Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this section and each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Advisory Committee, upon request made by the Chairman. "(B) The Advisory Committee may enter into contracts for the acquisition of information, suggestions, estimates, and statistics for the purpose of this section. "(4) The Advisory Committee is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. "(5) The head of each Federal agency shall, to the extent not prohibited by law, cooperate with the Advisory Committee in carrying out this section. (6) The Advisory Committee is authorized to utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimbursement. "(i) AVAILABILITY OF FUNDS.—An amount, not to exceed $500,000 in any fiscal year, shall be available from the amount appropriated for each such fiscal year from salaries and expenses of the Department for the costs of carrying out the provisions of this section.". (b) EFFECTIVE DATES.—(1) Sections 483(e) and 484(d) of the Act as amended by this section shall apply to student assistance awarded for periods of enrollment beginning on or after July 1, 1987. (2) The changes made in section 484(a)(l) of the Act shall apply to student gissistance awarded for periods of enrollment beginning on or after July 1, 1987. (3) Section 484(c) of the Act as amended by this section shall apply only to student assistance awarded for periods of enrollment beginning on or after July 1, 1987, to individuals who were not awarded such assistance for any preceding period of enrollment. (4) Sections 484(f), 485(b), and 487(a)(10) of the Act as amended by this section shall apply only to periods of enrollment beginning on or after July 1, 1987.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/393

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1495

SEC. 408. CONFORMING PROVISIONS, (a) APPLICATION OF STUDENT FINANCIAL ASSISTANCE TECHNICAL AMENDMENTS TO ACADEMIC YEARS 1986-1987, AND 1987-1988.—The

Student Financial Assistance Technical Amendments Act of 1982 is amended— (1) in sections 3, 4, and 6 b^ striking out "and 1986-1987" each place it appears and inserting in lieu thereof "1986-1987, and 1987-1988"; (2) in section 5, by striking out "and 1986-1987" each place it appears and inserting in lieu thereof "1986-1987, and 1987-1988" in subsections (a), (b)(1), and (c); (3) in section 5(b)(2), by striking out "and" at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof "; and", and by inserting after such paragraph the following new subparagraph: "(D) for the period from October 1, 1984, through September 30, 1985, and the arithmetic mean of such index for the period from October 1, 1985, through September 30, 1986, in the case of academic year 1987-1988."; (4) in section 5(b)(3)— (A) by striking out "1985-1986), and" and inserting in lieu thereof "1985-1986),"; and (B) by inserting before the period at the end thereof the following: ", and immediately after such publication for September 1986 (with respect to academic year 1987-1988)"; (5) in section 5(d), by striking out "and" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and", and by inserting after such paragraph the following new paragraph: "(4) not later than April 1, 1986, for academic year 19871988."; (6) in section 9(a)— (A) by inserting "and" after "June 30, 1987"; and (B) by striking out "from July 1, 1988, through June 30, 1989, and from July 1, 1989, through June 30, 1999,"; and (7) in section 9(c), by inserting "and" at the end of paragraph (3) and by striking out paragraphs (5), (6), and (7). (b) REPEAL.—Effective with respect to any academic year beginning on or after July 1, 1988, the Student Financial Assistance Technical Amendments Act of 1982 is repealed. TITLE V—TEACHER TRAINING AND DEVELOPMENT SEC. 501. REVISION OF TITLE V.

20 USC 1070a note, 1089 note, 1070a note. 20 USC 1070a note.

20 USC 1078 note.

20 USC 1001 note, 1070a note, 1070b-3 note, 1078 note, 1087bb note, 1221e-l note, 1089 note; 42 u s e 2752 note.

(a) AMENDMENT.—Title V of the Act is amended to read as follows: "TITLE V—EDUCATOR RECRUITMENT, RETENTION, AND DEVELOPMENT STATEMENT OF PURPOSE; APPLICABILITY

'SEC. 501. It is the purpose of this title— 20 USC 1101. "(1) to encourage the establishment and maintenance of programs that provide teacher training to individuals who are moving to careers in education from other occupations; "(2) to promote university partnerships with local education agencies serving at-risk students, providing stronger linkages

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1496

between teachers and such students, and with local labor, business, and professional associations; "(3) to provide assistance to our Nation's teaching force for the continued improvement of their professional skills and expansion of their subject matter expertise, including pre-school and early childhood education specialists; "(4^ to improve the leadership and administrative skills of elemc ntary and secondary school administrators; "(5) to encourage academically qualified students to become teachers through scholarship assistance; and "(6) to encourage States to assess their need for teachers and to plan for meeting current and projected teacher shortages.

State and local governments.

20 USC 1101a.

AUTHORIZATION OF APPROPRIATIONS

502. (a) MID-CAREER TEACHER TRAINING PROGRAMS.—For part A, there are authorized to be appropriated $3,500,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(h) SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS.—For part B, there are authorized to be appropriated $15,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "SEC.

"(c) PROFESSIONAL DEVELOPMENT AND LEADERSHIP PROGRAMS.—(1)

For subpart 1 of part C, there are authorized to be appropriated $15,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(2) For subpart 2 of part C, there are authorized to be appropriated $10,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(d) TEACHER SCHOLARSHIPS AND FELLOWSHIPS.—(1) For subpart 1

„ ^'

,

of part D, there are authorized to be appropriated $13,500,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(2) For subpart 2 of part D, there are authorized to be appropriated $2,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(e) TASK FORCES ON TEACHER EDUCATION.—For part E, there are authorized to be appropriated $1,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "PART A—MIDCAREER TEACHER TRAINING FOR NONTRADITIONAL STUDENTS STATEMENT OF PURPOSE

20 USC 1103.

jrty^fii-:'-:

Grants. 20 USC 1103a.

"SEC. 511. It is the purpose of this part to encourage institutions of higher education with schools or departments of education to establish and maintain programs that will provide teacher training to individuals who are moving to a career in education from another occupation. "SELECTION PROCEDURES

-

'•-"

"SEC. 512. From the funds available for this part, the Secretary shall make grants to institutions of higher education on the basis of the competitive selection among qualifying applications. Institutions selected as recipients shall be awarded (1) an initial planning grant

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Page:United States Statutes at Large Volume 100 Part 2.djvu/395

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1497

for use during the first 2 fiscal years after selection, and (2) for institutions demonstrating successful performance with the planning grant, a renewal grant for use during not more than 2 additional years. APPLICATIONS

513. (a) CONTENTS OF APPLICATIONS.—Applications for grants under this part shall demonstrate that— "(1) the applicant will establish and maintain a program of midcareer teacher retraining designed to prepare individuals for teacher certification requirements who already have a baccalaureate or advanced degree and job experience in education-related fields of study, including pre-school and early childhood education; "(2) the applicant has designed a program which includes at least the following elements: "(A) a screening mechanism to assure that individuals who are admitted to the program possess the current subject matter knowledge and the characteristics that would make them likely to succeed as classroom teachers; "(B) a clear set of program goals and expectations which are communicated to participants; and "(C) a curriculum that, when successfully completed, will provide participants with the skills and credentials needed —sl> to teach in specific subject areas, as well as a realistic perspective on the educational process; "(3) the program has been developed with the cooperation and assistance of the local business community; "(4) the program will be operated under a cooperative agreement between the institution and one or more State or local educational agencies; and "(5) the program will be designed and operated with the active participation of qualified classroom teachers, including early childhood education specialists, and will include an inservice training component and follow-up assistance. "(b) REVIEW OF APPLICATIONS.—Applications for grants under this part shall be reviewed by a panel of experts in teacher training designated by the Secretary. The Secretary shall, to the extent of available funds, select at least one applicant from each of the 10 regions served by the Department and assure that programs offered reflect all significant areas of national need in which shortages exist. "SEC.

Grants. 20 USC 1103b.

State and local governments.

AMOUNT OF GRANTS

"SEC. 514. The initial planning grant to an institution of higher education under this part shall not exceed $100,000 for the 2 years for which it is available. The renewal grant to an institution under this part shall not exceed $50,000 for each of the 2 years for which it is available.

20 USC 1103c.

REPORTS AND INFORMATION

"SEC. 515. Each institution of higher education that receives a grant under this part shall submit to the Secretary such reports and other information on the program it conducts under this part as the Secretary deems necessary. The Secretary shall disseminate such

20 USC 1103d.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/396

 100 STAT. 1498

PUBLIC LAW 99-498—OCT. 17, 1986

information to other institutions of higher education for the purpose of promoting greater use of midcareer teacher training programs without direct Federal financial assistance. "PART B—SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS "PURPOSE

20 USC 1105.

"SEC. 521. It is the purpose of this part to encourage partnerships between institutions of higher education and secondary schools serving low-income students, to support programs that improve the academic skills of public and private nonprofit secondary school students, increase their opportunity to continue a program of education after secondary school and improve their prospects for employment after secondary school. "PARTNERSHIP AGREEMENT

Grants. 20 USC 1105a.

K_,.,j<.,. . \ ',,iv,>

522. (a) PARTNERSHIP AGREEMENT.—To be eligible for a grant under this part, an institution of higher education and a local education agency must enter into a written partnership a^eement. A partnership may include businesses, labor organizations, professional associations, community-based organizations, or other private or public agencies or gissociations. All partners shall sign the agreement. "(b) CONTENTS OF AGREEMENT.—The agreement shall include— "(1) a listing of all participants in the partnerships; "(2) a description of the responsibilities of each participant in the partnership; and "(3) a listing of the resources to be contributed by each participant in the partnership. "SEC.

"GRANTS

20 USC 1105b.

J,,,,:;

Disadvantaged persons,

523. (a) DIVISION BETWEEN SCHOOL-YEAR AND SUMMER PROGRAMS.—From the funds appropriated for this part pursuant to section 502(b), the Secretary shall reserve 65 percent to carry out programs operating during the regular school year and 35 percent to carry out programs operating during the summer. "(b) AMOUNT AND USE OF GRANTS.—From such funds, the Secretary shall make grants of no less than $250,000 and no more than $1,000,000. The grants may be used by the partnership for programs that— "(1) use college students to tutor secondary school students and improve their basic academic skills; "(2) are designed to improve the basic academic skills of secondary school students; "(3) are designed to increase the understanding of specific subjects of secondary school students; "(4) are designed to improve the opportunity to continue a program of education after graduation for secondary school students; and "(5) are designed to increase the prospects for employment after graduation of secondary school students. "(c) PREFERENCES.—In making grants Under this part, the Secretary shall give a preference to— "(1) programs which will serve predominantly low-income communities; "SEC.

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1499

"(2) partnerships which will run programs during the regular school year and the summer; and "(3) programs which will serve educationally disadvantaged students; potential dropouts; pregnant, adolescent, and teen parents; or children of migratory agricultural workers or of migratory fishermen. "APPLICATION FOR GRANTS

"SEC. 524. (a) APPLICATION REQUIRED.—A partnership desiring to 20 USC ll05c. receive a grant under this part shall submit an application to the Secretary, "(b) CONTENTS OF APPLICATION.—The application shall include— "(1) the written and signed partnership agreement; "(2) a listing of the public and private nonprofit secondary school or schools to be involved in the program; "(3) a description of the programs to be developed and operated by the partnership; "(4) Eissurances to the Secretary that— "(A) the partnership will establish a governing body including one representative of each participant in the partnership; "(B) Federal funds will provide no more than 70 percent of the cost of the project in the first year, 60 percent of such I" costs in the second year, and 50 percent of such costs in the third year and any subsequent year; "(C) a local educational agency receiving funds under this subpart shall not reduce its combined fiscal effort per student or its aggregate expenditure on education; and "(D) a local educational agency receiving funds under this part shall use the Federal funds so as to supplement and, to the extent practical, increase the resources that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students partici.: • pating in the project, and in no case may funds be used to supplant such non-Federal funds; and "(5) provide such information and meet such conditions as may be required by the Secretary. "COMMUNITY COLLEGE PILOT PROJECT

525. (a) PROGRAM AUTHORIZED.—In addition to the grants awarded under section 523, the Secretary is authorized to award 4 grants for pilot community college partnership projects under this section. "(b) PARTNERSHIP AGREEMENTS.—To be eligible for a grant under this section, a community college shall enter into a partnership agreement in accordance with section 522 with a local educational agency and at least one local business or industry. "(c) AMOUNT AND U S E OF GRANTS.—Grants under this section shall be no less than $250,000. The grants may be used by the partnership for programs that— "(1) use college students to tutor secondary school students and improve their basic academic skills; "(2) are designed to improve the basic academic skills of secondary school students; "SEC.

20 USC il05d.

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Page:U.S. Department of the Interior Annual Report 1880.djvu/64

62 report of the commission is being prepared, and also a special and final memoir on the insects of the cotton-plant, the publication of which I commend to Congress.

The Hot Springs Reservation is located in Garland County, Arkansas. In October, 1875, the United States Supreme Court decided that the title to that portion of the lands which had been in dispute for more than fifty years vested in the United States. A receiver was appointed by the court, and the rentals collected by him and covered into the Treasury amounted to $33,744.78.

Under the act of March 3, 1877, the office of receiver was abolished, and a commission was appointed to lay out the lands of the reservation into convenient squares, blocks, lots, avenues, streets, and alleys; designate the tract, including the Hot Springs Mountain, which was to be reserved from sale; show by metes and bounds, on a properly prepared map, the parcels or tracts of land claimed by reason of improvement or occupation; hear any and all proof offered by claimants and occupants and the United States in respect to said lands and improvements; and to finally determine the right of each claimant or occupant to purchase the same, or any portion thereof, at the appraised value fixed by said commissioners.

The commissioners were also authorized to condemn and remove all buildings or obstructions upon the reservation when necessary, fix the value of the property condemned, issue certificates therefor, and at the conclusion of their labors to make a full report of their proceedings to the Secretary of the Interior.

On the 30th of March, 1877, the President appointed as members of the commission, A. H. Cragin, of New Hampshire; John Coburn, of Indiana; and M. L. Stearns, of Florida. They were reappointed December 16, 1878, for one year, and submitted their final report December 11, 1879.

The following papers, documents, records, maps, and plats accompanied the report, and are now on file in this department:

1st. All of the petitions filed with the commission for the right to purchase land, and for condemned buildings, with the testimony offered by the claimants in the several claims, and the findings of the commission.

2d. A record of all the proceedings of the commission, which includes all the orders and findings made by the commission in the several claims.

3d. A docket of all the petitions or claims filed, furnishing a reference to the orders of the commission in each claim.

4th. A schedule, as provided by law, showing the name of each claimant, and of each lot or parcel of land, the appraised value thereof, and numbers to correspond with such claim upon the map.

5th. Appraisement books, containing the valuation of each lot or


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Page:United States Statutes at Large Volume 100 Part 2.djvu/398

 100 STAT. 1500

PUBLIC LAW 99-498—OCT. 17, 1986

7- •'

Michigan. Vermont. California. Missouri.

"(3) are designed to increase the understanding of specific subjects of secondary school students; "(4) are designed to improve the opportunity to continue a program of education after graduation for secondary school students; and "(5) are designed to increase the prospects for employment after graduation of secondary school students. "(d) APPLICATION.—To receive a grant under this section, a community college shall submit an application in accordance with section 524(b). "(e) AWARD OP GRANTS.—In making awards under this section, the Secretary shall give preference to applications indicating that the business or industry partner is engaged in technological or aerospace activities. "(f) EuGiBLE INSTITUTIONS.—The institutions which may be awarded grants under this section are— "(1) the Wayne County Community College of Wayne County, Michigan; "(2) the Community College of Vermont; "(3) the Compton Community College of Compton, California; and "(4) the Metropolitan Community College of Kansas City, Missouri. "(g) REPORTS AND INFORMATION.—Each community college that receives a grant under this subpart for establishing pilot projects shall submit to the Secretary such reports and other information as is requested in order to evaluate program effectiveness and to disseminate information on exemplary programs to other community colleges, area vocational-technical schools, and other institutions of higher education, for the purposes of promoting greater use of university-secondary school partnerships without direct Federal financial assistance. "PART C—PROFESSIONAL DEVELOPMENT AND LEADERSHIP PROGRAMS "SUBPART 1—PROFESSIONAL DEVELOPMENT RESOURCE CENTERS PROGRAM AUTHORITY AND PURPOSE

Grants. 20 USC 1107.

"SEC. 531. (a) AUTHORITY.—(1) The Secretary is authorized to make grants under this subpart to pay the Federal share of programs to assist teachers from public and private nonprofit schools in the continuous improvement of their professional skills and the expansion and updating of their subject matter expertise by establishing professional development resource centers for teachers. "(2) The Federal share for each fiscal year shall be 50 percent. "(b) PURPOSE.—It is the purpose of this subpart to assist in the establishment of professional development resource centers that will— "(1) help teachers make effective use of educational tools including understanding new technologies and their application; riji. "(2) enhance teachers^ subject matter expertise; "(3) help teachers learn new clsissroom management/ techniques; •..,«fi.>v ^^.i, <^.^^.^..---^ • •.j-^

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"(4) help teachers learn and apply the latest research on learning and teaching, including pre-school and early childhood education and development; and "(5) help teachers to apply creative approaches toward achieving instructional goals, including making the best use of available community resources.

»-- •

"GEOGRAPHICAL DISTRIBUTION OF GRANTS

"SEC. 532. In making grants under this subpart, the Secretary State and local shall ensure that eligible applicants within each State receive suffi- |A\®TqJ?^f|J3f' cient funds to plan, establish, or operate at least one professional ^' development resource center within the State in each fiscal year. GRANT REQUIREMENTS

533. (a) ELIGIBLE APPLICANTS.—The Secretary is authorized State and local to make grants to local educational agencies or consortia of local governments. educational agencies, in accordance with the provisions of this 20 USC 1107b. section, to assist such agencies in planning, establishing, and operating professional development resource centers. "(b) DEFINITION OF CENTER.—For the purpose of this part, the term 'professional development resource centers' means any yearround program operated by a local educational agency, a combination of such agencies, or an educational service agency which serves teachers from public and private nonprofit schools, including preschool and early childhood educational specialists, in a State or from an area or community within a State. Through the centers, teachers, with the assistance of such consultants and experts as may be necessary, including expertise available at institutions of higher education, shall conduct activities to advance the goal of professional excellence and to improve teaching skills for the teachers they serve. "(c) USE OF FUNDS.—Grants under this subpart may be used for— "(1) developing and disseminating curricula designed to meet the educational needs of students in pre-school and kindergarten through grade 12, in the community, area, or State being served, including the use of educational research findings or new or improved methods, practices, and techniques in the development of such curricula, and including the use of technology and telecommunications; "(2) providing training to enable teachers to better meet the educational needs of students, including pre-school students, and to familiarize teachers with developments in curriculum, testing, and educational research including the manner in which the research can be used to improve classroom instruction; "(3) providing for dissemination of information to those served by the center and to other professional development resource centers nationally about the activities and services of the centers; "(4) bringing together teachers and materials from various school sites to serve as resources for teachers using the center; "(5) encouraging collaborative activities between pre-school, elementary and secondary school teachers and faculty at institutions of higher education; "SEC.

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 100 STAT. 1502 " ' Disadvantaged persons.

PUBLIC LAW 99-498—OCT. 17, 1986 "(6) encouraging the application of institutional and community resources to the goal of improving the quality of classroom instruction; and "(7) providing professional development opportunities for teachers of special population groups (pre-school, handicapped children, limited English proficient children, educationally and economically disadvantaged children) in rural settings. "PROFESSIONAL DEVELOPMENT POLICY BOARD

20 USC 1107c.

"SEC. 534. Each professional development resource center shall be planned and operated under the supervision of a professional development policy board, the majority of which shall be representatives or designees of the public and private nonprofit, pre-school, elementary and secondary classroom teachers to be served by such center. Such board shall also include individuals representative of, or designated by, school administrators, the school board (or boards) of the local educational agency (or agencies) served by such center, local business, and at least one representative designated by institutions of higher education, when such institutions are located within reasonable proximity of the center, including (but not limited to) institutions that have departments, schools, or colleges of education. SUBMISSION AND APPROVAL OF APPLICATIONS

Grants. State and local governments. 20 USC 1107d.

"SEC. 535. (a) SUBMISSION.—(1) Any local educational agency or any consortium of local educational agencies including educational service agencies, desiring to receive a grant under this subpart shall make application therefor at such time, in such manner, and containing or accompanied by such information, as the Secretary may by regulation require. Each application shall be submitted through the State educational agency of the State in which the applicant is located. Each such State agency shall review the application, make comments thereon, and recommend each application the State agency finds should be approved. The recommendations of the State education agency shall be taken into consideration by the Secretary in awarding grants under this part. "(2) Each State education agency, in reviewing local educational agency applications for a grant under this subpart, shall seek to assure an equitable within-State geographical distribution of center grant funds so that both large urban and small rural school districts are served. "(b) MINIMUM REQUIREMENTS.—A grant under this subpart may be made only if the application provides— "(1) satisfactory assurances that the program designed for the professional development resource center is based on a thorough assessment of instructional and professional development needs identified by the teachers to be served, including early childhood educational specialists, and establishes goals for the center derived from such assessment; "(2) satisfactory assurances that the program the center plans to provide will meet the needs of the teachers served, including assurances that center activities will lead to in-depth and incremental knowledge and skill development; "(3) a description of the activities planned to meet the center's goals;

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"(4) procedures for the conduct of a yearly evaluation of center activities; "(5) satisfactory assurances that the center will employ a fulltime center director who has had classroom teaching experience and other staff as may be necessary; "(6) satisfactory assurances that the applicant will pay the non-Federal share of the cost of the program for which assistance is sought and that 50 percent of such non-Federal share shall be paid by the State educational agency and 50 percent of the non-Federal share shall be from local resources, including institutions of higher education and other public and private non-Federal sources; and "(1) satisfactory assurances that the facilities of the center will not be used for the purpose of influencing the result of an election to an office in Federal, State, or local government or for the purpose of supporting or opposing any campaign for such office. "(c) SELECTION PROCEDURES.—(1) In approving any application under this subpart, the Secretary shall take into account the resources which the applicant will provide in addition to Federal funds provided under this or any other Federal program. "(2) In approving applications under this subpart, the Secretary shall substantially involve teachers, including early childhood educational specialists, in reviewing and recommending programs for funding. "(d) SUBCONTRACTING.—Any local educational agency having an application approved under this subpart may contract with an institution of higher education to carry out activities under, or provide technical assistance in connection with, such application.

Contracts.

"(e) RESERVATION FOR DIRECT EXPENDITURES.—Notwithstanding

the provisions of subsection (a)(1) of this section with respect to the requirement that professional development resource centers be operated by local educational agencies, 10 percent of the funds expended under this subpart may be expended directly by the Secretary to make grants to institutions of higher education to operate professional development resource centers, subject to the other provisions of this subpart. 'SUBPART 2—LEADERSHIP IN EDUCATIONAL ADMINISTRATION DEVELOPMENT PURPOSE; INTENTION; REGULATIONS

"SEC. 541. (a) PURPOSE.—It is the purpose of this subpart to improve the level of student achievement in public and private nonprofit elementary and secondary schools through the enhancement of the leadership skills of school administrators by establishing technical assistance centers for each State to promote the development of the leadership skills of public and private nonprofit elementary and secondary school administrators with particular emphasis upon increasing access for minorities and women to administrative positions. "(b) INTENTION.—It is the intention of Congress that contractors seeking to establish technical assistance and training centers should design programs which upgrade the skills of elementary and secondary school administrators in—

State and local governments. Minorities. Women. 20 USC 1109.

Contracts.

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 100 STAT. 1504

PUBLIC LAW 99-498—OCT. 17, 1986

•f ' "(1) enhancing the schoolwide learning environment by ^* assessing the school climate, setting clear goals for improvement, and devising strategies for completing manageable projects with measurable objectives; "(2) evaluating the school curriculum in order to assess its effectiveness in meeting academic goals; "(3) developing skills in instructional analysis to improve the quality of teaching through classroom observation and supervision; "(4) mastering and implementing objective techniques for evaluating teacher performance; and "(5) improving communication, problemsolving, student discipline, time-management, and budgetary skills. "(c) REGULATIONS.—The Secretary is authorized to prescribe such regulations as may be necessary to carry out this subpart. "ALLOCATION OF APPROPRIATIONS

20 USC 1109a.

"SEC. 542. Of the amount appropriated for this subpart for any fiscal year, the Secretary shall make available an amount as may be necessary for establishing and operating a technical assistance center in each State, but not less than $150,000 for each State. TECHNICAL ASSISTANCE CENTERS

State and local governments. 20 USC 1109b.

Women. Minorities.

"SEC.

543. (a) ELIGIBLE CONTRACTS RECIPIENTS.—The Secretary

shall, subject to the availability of funds pursuant to section 542, enter into contracts with local educational agencies, intermediate school districts. State educational agencies, institutions of higher education, private management organizations, or nonprofit organizations (or consortium of such entities) for the establishment and operation of training centers in each State in accordance with the requirements of this section and section 544. "(h) CONTRACT REQUIREMENTS.—Each contract entered into under subsection (a) shall require the contractor— "(1) to make the services of the technical assistance center available to school administrators from any of the public and private nonprofit schools within the State served by that contractor; "(2) to collect information on school leadership skills; "(3) to assess the leadership skills of individual participants based on established effective leadership criteria; "(4) to conduct training programs on leadership skills for new school administrators and to conduct training seminars on leadership skills for practicing school administrators, with particular emphasis on women and minority administrators; "(5) to operate consulting programs to provide personnel within school districts with advice and guidance on leadership skills; "(6) to maintain training curricula and materials on leadership skills drawing on expertise in business, academia, civilian and military governmental agencies, and existing effective schools; "(7) to conduct programs which— "(A) make available executives from business, scholars -iMt from various institutions of higher education, and practicing school administrators; and

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"(B) offer internships in business, industry, and effective school districts to school administrators, for the purpose of promoting improved leadership skills of such administrators; "(8) to disseminate information on leadership skills associated with effective schools; and "(9) to establish model administrator projects. "(c) SELECTION OF CONTRACTORS.—In making a selection among applicants for any contract under this section, the Secretary shall take into account whether the applicant, if selected, would be able to operate its programs in a manner which would emphasize development of leadership skills identified by graduate schools of management and graduate schools of education. "GENERAL CRITERIA FOR CONTRACTS

544. (a) CONTRACT REQUIREMENTS.—The following criteria 20 USC ii09c. shall apply to each contract under this subpart: "(1) The contract shall assure the involvement of private sector managers and executives in the conduct of such programs. "(2) The contract shall contain assurances of an ongoing organizational commitment to carrying out the purposes of this subpart through (A) obtaining matching funds for such programs in cash or in kind at least equal in amount to the amount of funds provided under this subpart, (B) making in-kind contributions to such programs, (C) demonstrating a commitment to continue to operate such programs after expiration of funding under this subpart, and (D) organizing a policy advisory committee including (but not limited to) representatives from i;,. business, private foundations, private nonprofit schools, and local and State educational agencies. "(3) The contract shall indicate the level of development of human relations skills which its programs will instill by (A) identifying the credentials of the staff responsible for such development; (B) describing the manner in which such skills will be developed; and (C) describing the manner in which the program deals with human relations issues facing education administrators. "(4) The contract shall establish a system for the evaluation of the programs conducted. "(b) DURATION OF CONTRACT.—Each contract under this subpart shall be for a term of 3 years subject to the availability of appropriations. Such contract shall not be renewable, except that a single 3-year extension may be granted if the contractor agrees to maintain the programs with assistance under this part reduced by one-half. "SEC.

DEFINITIONS

'SEC. 545. For the purpose of this subpart— 20 USC 1109d. "(1) the term 'school administrator' means a principal, assistant principal, district superintendent, and other local school administrators; and "(2) the term 'leadership skills' includes, but is not limited to, managerial, administrative, evaluative, communication and disciplinary skills and related techniques.

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 100 STAT. 1506

PUBLIC LAW 99-498—OCT. 17, 1986

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"PART D—TEACHER SCHOLARSHIPS AND FELLOWSHIPS

"SUBPART 1—CONGRESSIONAL TEACHER SCHOLARSHIP PROGRAMS "PURPOSE

20 USC n i l.

"SEC. 551. It is the purpose of this subpart to make available, through grants to the States, scholarships during fiscal years 1987 through 1991 to a maximum of 10,000 individuals who are outstanding high school graduates and who demonstrate an interest in teaching, in order to enable and encourage those individuals to pursue teaching careers in education at the pre-school, elementary or secondary level. Such scholarships shall be referred to as 'Congressional Teacher Scholarships'. "ALLOCATION AMONG STATES

20 USC 1111a.

552. (a) PER CAPITA ALLOCATION.—From the sums appropriated for this subpart pursuant to section 502(d) for any fiscal year, the Secretary shall allocate to any State an amount which bears as nearly as possible the same ratio to such sums as the number of persons in that State bears to the number of persons in all States. "(b) USE OF CENSUS DATA.—For the purpose of this section, the number of persons in a State and in all States shall be determined by the most recently available data from the United States Census Bureau. "SEC.

GRANT APPLICATIONS State and local governments. 20 USC 1111b.

"SEC. 553.

(a) SUBMISSION OF APPLICATIONS.—The Secretary is

authorized to make grants to States in accordance with the provisions of this subpart. In order to receive a grant under this subpart, a State shall submit an application at such time or times, in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth a program of activities for carrying out the purposes set forth in section 546 in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purposes and such other policies, procedures, and assurances as the Secretary may require by regulation. "(b) CONTENT OF APPLICATIONS.—The Secretary shall approve an application under this subpart only if the application— "(1) describes the selection criteria and procedures to be used by the State in the selection of scholarships under this part which satisfy the provisions of this part; "(2) designates the State agency which administers the program under subpart 3 of part A of title IV, relating to State student incentive grants, or the State agency with which the Secretary has an agreement under section 428(b); "(3) describes the outreach effort the State agency intends vo use to publicize the availability of Congressional Teacher Scholarships to high school students in the State; "(4) provides assurances that each recipient eligible under section 555(b) of this part who receives a Congressional Teacher Scholarship shall enter into an agreement with the State agency under which the recipient shall—

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"(A) within the 10-year period after completing the postsecondary education for which the Congressional Teacher Scholarship was awarded, teach, for a period of not less than 2 years for each year for which assistance was received, in a public or private nonprofit elementary or secondary school in any State, in a public education program in any State, or, on a full-time basis, handicapped children or children with limited English proficiency in a private nonprofit school, except that, in the case of individuals who teach in a shortage area established by the Secretary pursuant to section 428(b)(4), the requirements of this subparagraph shall be reduced by one-half; "(B) provide the State agency evidence of compliance with section 557 as required by the State agency; and 3 "(C) repay all or part of a Congressional Teacher Scholarship received under section 554 plus interest and, if applicable, reasonable collection fees, in compliance with regulations issued by the Secretary under section 557, in the event that the conditions of subparagraph (A) are not complied with, except as provided for in section 558; "(5) provides that the agreement entered into with recipients shall fully disclose the terms and conditions under which assistance under this subpart is provided and under which repayment may be required, including— "(A) a description of the procedures required to be established under paragraph (6); and "(B) a description of the appeals procedures required to be established under paragraph (7) under which a recipient may appeal a determination of noncompliance with any provision under this subpart; "(6) provides for procedures under which a recipient of assistance received under this part who teaches for less than the period required under paragraph (4)(A) will have the repa5rment requirements reduced or eliminated consistent with the provisions of sections 557 and 558; "(7) provides for appeals procedures under which a recipient may appeal any determination of noncompliance with any provision under this part; "(8) provides assurances that the State agency shall make Disadvantaged particular efforts to attract students from low-income back- persons. grounds or who express a willingness or desire to teach in schools having less than average academic results or serving large numbers of economically disadvantaged students; and "(9) provides assurances that Congressional Teacher Scholarships will be awarded without regard to sex, race, handicapping condition, creed, or economic background. . r,^. "(c) SELECTION CRITERIA AND PROCEDURES.—The selection criteria and procedures to be used by the State shall reflect the present and projected teacher needs of the State, including the demand for and supply of early childhood and elementary teachers in the State, the demand for and supply of secondary teachers in the State, and the demand for teachers with training in specific academic disciplines in the State. "(d) SOUCITATION OF ViEWS ON SELECTION CRITERIA AND PROCEDURES.—In developing the selection criteria and procedures to be used by the State, the State shall solicit the views of State and local

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educational agencies, private educational institutions, and other interested parties. Such views— "(1) shall be solicited by means of (A) written comments; and (B) publication of proposed selection criteria and procedures in final form for implementation; and "(2) may be solicited by means of (A) public hearings on the teaching needs of elementary and secondary schools in the State (including the number of new teachers needed, the expected supply of new teachers, and the shortages in the State of teachers with training in specific academic disciplines, including early childhood education and development); or (B) such other methods as the State may determine to be appropriate to gather information on such needs. "AMOUNT AND DURATION OF AND RELATION TO OTHER ASSISTANCE

20 USC 1111c.

"SEC. 554. (a) LIMITATIONS ON AMOUNT AND DURATION.—Subject to

subsection (c), each Congressional Teacher Scholar shall receive a $5,000 scholarship for each academic year of postsecondary education for study in preparation to become a pre-school, elementary or secondary teacher. No individual shall receive scholarship assistance for more than 4 years of postsecondary education, as determined by the State agency. "(h) CONSIDERATION OF AWARD IN OTHER PROGRAMS.—Notwith-

standing the provisions of title IV of this Act, scholarship funds awarded pursuant to this part shall be considered in determining eligibility for student sissistance under title IV of this Act. "(c) ASSISTANCE NOT To EXCEED NEED.—Congressional Teacher

Scholarship assistance awarded by the statewide panel established pursuant to section 555 to any individual in any given year, when added to assistance received under title IV of this Act, shall not exceed the cost of attendance, as defined in section 472 of this Act, at the institution the individual is attending. If the amount of the Congressional Teacher Scholarship assistance and assistance received under title IV of this Act, exceeds the cost of attendance, the Congressional Teacher Scholarship shall be reduced by an amount equal to the amount by which the combined awards exceed the cost of attendance.

"(d)

ASSISTANCE NOT TO EXCEED COST OF ATTENDANCE.—No

individual shall receive an award under the Congressional Teacher Scholarship established under this subpart, in any academic year, which exceeds the cost of attendance, as defined in section 472 of this Act, at the institution the individual is attending. SELECTION OF CONGRESSIONAL TEACHER SCHOLARS

20 USC iiiid.

"SEC. 555. (a) SELECTION BY STATEWIDE PANELS.—Congressional

Teacher Scholars shall be selected by a seven-member statewide panel appointed by the chief State elected official, acting in consultation with the State educational agency, or by an existing grant agency or panel designated by the chief State elected official and approved by the Secretary of Education. The statewide panel shall be representative of school administrators, teachers, including preschool teachers, and parents. "(b) ELIGIBILITY FOR SELECTION; SELECTION CRITERIA AND PROCEDURES.—Selections of Congressional Toacher Scholars shall be made from students who have graduated oi who are graduating from high

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100 STAT. 1509

school and who rank in the top 10 percent of their graduating class. The State educational agency shall make applications available to public and private nonprofit high schools in the State and in other locations convenient to applicants, parents, and others. The statewide panel shall develop criteria and procedures for the selection of Congressional Teacher Scholars. Such criteria may include the applicant's high school grade point average, involvement in extracurricular activities, financial need, and expression of interest in teaching as expressed in an essay written by the applicant. The panel may also require the applicant to furnish letters of recommendation from teachers and others. "SCHOLARSHIP CONDITIONS

"SEC. 556. Recipients of scholarship assistance under this subpart 20 USC 11 lie. shall continue to receive such scholarship payments only during such periods that the State agency finds that the recipient is— "(1) enrolled as a full-time student in an accredited postsecondary institution; "(2) pursuing a course of study leading to teacher certification; and "(3) maintaining satisfactory progress as determined by the postsecondary institution the recipient is attending. "SCHOLARSHIP REPAYMENT PROVISIONS

"SEC. 557. Recipients found by the State agency to be in non- 20 USC iliif. compliance with the agreement entered into under section 553(b)(4) of this subpart shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest to be prescribed by the Secretary by regulations issued pursuant to this subpart. "EXCEPTIONS TO REPAYMENT PROVISIONS

558. (a) DEFERRAL DURING CERTAIN PERIODS.—A recipient 20 USC iiiig. shall not be considered in violation of the agreement entered into pursuant to section 553(b)(4)(C) during any period in which the recipien'-— "(1) is pursuing a full-time course of study related to the field of teaching at an eligible institution; "(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; "(3) is temporarily totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; "(4) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; "(5) is seeking and unable to find full-time employment for a single period not to exceed 12 months; "(6) is seeking and unable to find full-time employment as a «• teacher in a public or private nonprofit pre-school, elementary or secondary school or a public or private nonprofit pre-school, education program; or "SEC.

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 100 STAT. 1510

PUBLIC LAW 99-498—OCT. 17, 1986 "(7) satisfies the provisions of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this subpart. "(b) FORGIVENESS IF PERMANENTLY TOTALLY DISABLED.—A recipi-

ent shall be excused from repayment of any scholarship assistance received under this subpart if the recipient becomes permanently totally disabled as established by sworn affidavit of a qualified physician. "FEDERAL ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW

20 USC iiiih. 9,f.

559. (a) DISAPPROVAL HEARING REQUIRED.—The Secretary shall not finally disapprove any application for a State program submitted under section 553, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing. "(b) SUSPENSION OF ELIGIBILITY.—Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this subpart, finds— "(1) that the State program has been so changed that it no longer complies with the provisions of this subpart, or "(2) that in the administration of the program there is a failure to comply substantially with any such provisions, the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until the Secretary is satisfied that there is no longer any such failure to comply. "(c) COURT REVIEW.—(1) If any State is dissatisfied with the Secretary's final action under subsection (b)(1) or (2), 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 Secretary shall forthwith certify and file in the court the transcript of the proceedings and the record on which the action was based. "(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify any previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. T "SEC.

"SUBPART 2—CHRISTA MCAUUFFE FELLOWSHIP PROGRAM "DECLARATION OF PURPOSE; DESIGNATION

20 USC 1113.

,,

"SEC. 561. (a) PURPOSE.—It is the purpose of this subpart to establish a national fellowship program for outstanding teachers. "(b) DESIGNATION.—Individuals awarded fellowships under this subpart shall be known as 'Christa McAuliffe Fellows'.

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USE OF FUNDS FOR FELLOWSHIPS AND ADMINISTRATION

"SEC. 562. Funds appropriated for any fiscal year for fellowships to outstanding teachers under this subpart shall be used to award fellowships in accordance with the requirements of this subpart, except that not more than 2.5 percent of such funds shall be used for purposes of administering this subpart.

20 USC 1113a.

CHRISTA MCAUUFFE FELLOWSHIPS "SEC. 563. (a) AWARD DISTRIBUTION AND AMOUNTS.—(1) Except as

20 USC iii3b.

provided under paragraph (3), sums available for the purpose of this subpart shall be used to award one national teacher fellowship to a public or private school teacher teaching in each congressional district of each State, and in the District of Columbia, and the Commonwealth of Puerto Rico; and one such fellowship in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(2) Fellowship awards may not exceed the average national salary of public school teachers in the most recent year for which satisfactory data are available, as determined by the Secretary. Christa McAuliffe teacher fellows may not receive an award for 2 consecutive years. Subject to the repayment provisions of section 566, Christa McAuliffe teacher fellows shall be required to return to a teaching position in their current school district or private school system for at least 2 years following the fellowship award. "(3) If the appropriation for this subpart under section 502(d) is not sufficient to provide the number of fellowships required by paragraph (1) at the level required under paragraph (2), the Secretary shall determine and publish an alternative distribution of fellowships which will permit fellowship awards at that level and which is geographically equitable. The Secretary shall send a notice of such determination to each of the statewide panels established under section 564. "(b) USE OF AWARDS.—Christa McAuliffe teacher fellows may use such awards for such projects for improving education as the Secretary may approve, including (1) sabbaticals for study or research directly associated with the objectives of this part, or academic improvement; (2) consultation with or assistance to other school districts or private school systems; (3) development of special innovative programs; or (4) model teacher programs and staff development. "SELECTION OF CHRISTA MCAULIFFE TEACHER FELLOWSHIPS

"SEC. 564. Recipients of Christa McAuliffe teacher fellowship in 20 USC lli3c. each State shall be selected (in accordance with section 565) by a 7-member statewide panel appointed by the chief State elected official, acting in consultation with the State educational agency, or by an existing panel designated by the chief State elected official and approved by the Secretary. The statewide panel shall be representative of school administrators, teachers, parents, and institutions of higher education. EVALUATION OF APPLICATIONS "SEC. 565. (a) SUBMISSION TO AND REVIEW BY STATEWIDE PANEL.—

An applicant for Christa McAuliffe teacher fellowship assistance shall submit a proposal for a project under section 563(b), and shall

20 USC 1113d.

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PUBLIC LAW 99-498—OCT. 17, 1986

indicate the extent to which the applicant wishes to continue current teaching duties. The applicant shall submit such a proposal to the local education agency for comment prior to submission to the statewide panel (appointed under section 564) for the State within which the proposed project is to be conducted. In evaluating proposals, such statewide panel shall consult with the local education agency, requesting 2 recommendations from teaching peers; a recommendation from the principal; and a recommendation of the superintendent on the quality of the proposal and its benefit to education; and any other criteria for awarding fellowships as is considered appropriate by such statewide panel. Selection of fellows shall be made in accordance with regulations prescribed by the Secretary of Education. "(b) PuBuc ANNOUNCEMENT.—Announcement of awards shall be made in a public ceremony. "FELLOWSHIP REPAYMENT PROVISIONS

20 USC lli3e.

"SEC. 566. Repayment of the award shall be made to the Federal Government in the case of fraud or gross noncompliance. "PART E—STATE TASK FORCES ON TEACHER TRAINING "STATE TASK FORCES ON TEACHER TRAINING

20 USC 1115.

..'

"SEC. 571. (a) IN GENERAL.—No institution of higher education or other entity in any State shall be eligible for assistance under this title for any fiscal year beginning on or after October 1, 1987, unless— "(1) the State educational agency has established a task force on teacher training in accordance with the requirements of subsections (b) and (c); or "(2) the Secretary waives the requirements of this section if the State educational agency has substantially complied with the requirements of paragraphs (1), (2), and (3) of subsection (b), and submits evidence to the Secretary showing such compliance. "(b) TASK FORCE.—The State educational agency, in consultation with the task force established under this section, shall be responsible— "(1) for conducting a statewide assessment of the State's needs for recruiting, retaining, retraining, and improving the performance of, instructional and administrative personnel in pre-schools, elementary and secondary schools within the State; "(2) for developing plans to meet the needs identified pursuant to paragraph (1); and "(3) for conducting such activities in cooperation with the State needs assessment required under section 208 of the Education for Economic Security Act (20 U.S.C. 3968). "(c) MEMBERSHIP OF TASK FORCE.—A task force established under this section shall be composed of at least one representative of each of the following: "(1) The Governor of the State. ' "(2) The chief State school officer. ' '•''' ^^ ' ' '^^^' " - . "(3) The State higher education executive officer. ' '(4) The State board of education. -

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1513

"(5) The deans of the schools or colleges of education within the State. "(6) The presidents of colleges and universities within the State. "(7) Pre-school, elementary and secondary school teachers. "(8) Elementary and secondary school administrators, including local superintendents and principals. "(9) The State legislature. "(10) Private nonprofit pre-school, elementary and secondary education. "(d) ALTERNATIVE MEMBERSHIP.—Any previously existing State organization or entity whose membership is substantially the same as the membership required by subsection (c) may, with the approval of the State educational agency, assume the responsibilities of the task force on teacher training under this section. "(e) LONG-RANGE PLANNING.—From the funds available to carry out this subpart, a State educational agency may apply to the Secretary for assistance in order to develop a long-range plan, in consultation with the task force established under this section. Such plan shall— "(1) assess the supply and determine the future needs of educators in the State, including early childhood education and development specialists; "(2) assess the ability of teacher training institutions, the State educational agency, and local educational agencies within the State to meet such needs; "(3) describe the steps being taken within the State to improve the qualifications and performance of practicing and prospective educators and the availability of training resources for such educators; "(4) if determined to be appropriate by the State education agency, establish a program of competitive grants to local educational agencies, professional organizations, institutions of higher education, and consortia of such agencies and institutions within the State that are allocated in accordance with specific criteria developed by the task force on teacher training; and "(5) provide for the performance of such other activities as are deemed appropriate to carry out purposes of this subpart. "(f) DISPOSITION OF FUNDS TO STATES.—Funds appropriated for this subpart shall be allocated among the States based on the number of children aged 5 through 17, inclusive, except that no State shall receive less than the greater of $10,000 or 0.01 percent of the amount so appropriated. "(g) STATE APPLICATIONS.—A State educational agency which desires to obtain a grant under this subpart shall file an application with the Secretary which— "(1) describes the methods which will be used to insure active and continuing consultation with the task force; "(2) provides for timely public notice and public dissemination of the information collected and plans developed; and "(3) ensures that the State educational agency will keep such records and provide such information to the Secretary as may be required for fiscal audit and program evaluation, consistent with the responsibilities of the Secretary under this subpart.".

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Page:United States Statutes at Large Volume 100 Part 2.djvu/412

 100 STAT. 1514 20 USC 4201-4206 note 94 Stat. 1502.

PUBLIC LAW 99-498—OCT. 17, 1986

(b) CONFORMING AMENDMENT.—The Human Services Reauthorization Act (Public Law 98-558) is amended by striking out title IX, relating to leadership in educational administration development. SEC. 502. TAFT INSTITUTE. .. n j. Section 1373 of the Education Amendments of 1980, relating to the Robert A. Taft Institute, is amended by inserting after "1985" a comma and the following: "$750,000 for the fiscal year 1986 and for each succeeding fiscal year ending prior to October 1, 1988". TITLE VI—INTERNATIONAL EDUCATION PROGRAMS SEC. 601. FINDINGS AND PURPOSES.

Section 601 of the Act is amended to read as follows: /

20 USC 1121.

"FINDINGS AND PURPOSES

"SEC. 601. (a) The Congress finds that— "(1) the well-being of the United States, its economy and longrange security, is dependent on the education and training of Americans in international and foreign language studies and on a strong research base in these aresis; "(2) knowledge of other countries and the ability to communicate in other languages is essential to the promotion of mutual understanding and cooperation among nations; and "(3) present and future generations of Americans must be afforded the opportunity to develop to the fullest extent possible their intellectual capacities in all areas of knowledge. "(b) It is the purpose of this part to assist in the development of knowledge, international study, resources and trained personnel, to stimulate the attainment of foreign language acquisition and fluency, and to coordinate the programs of the Federal Government in the areas of foreign language and international studies and research.". SEC. 602. LANGUAGE AND AREA CENTERS.

20 USC 1122.

(a) AUTHORITY TO MAKE GRANTS.—(1) Section 602(a)(l) of the Act is amended to read as follows: "SEC. 602. (a)(1) The Secretary is authorized— "(A) to make grants to institutions of higher education, or combinations thereof, for the purpose of establishing, strengthening, and operating comprehensive language and area centers and programs; and "(B) to make grants to such institutions or combinations for the purpose of establishing, strengthening, and operating undergraduate language and area centers and programs, which will be national resources for teaching of any modern foreign language, for instruction in fields needed to provide full understanding of areas, regions, or countries in which such language is commonly used, for research and training in international studies, and the international and foreign language aspects of professional and other fields of study, and for instruction and research on issues in world affairs which concern one or more countries.". (2) Section 602(a)(2) of the Act is amended by striking out "or contract". (3) Section 602(a)(3) is amended by striking out "paragraph (1)" and inserting in lieu thereof "paragraph (I)(A).

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1515

(b) STIPEND AND TRAVEL REQUIREMENTS.—Section 602 is further

amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: "(b)(l)(A) The Secretary is authorized to make grants to institutions of higher education or combinations of such institutions for the purpose of paying stipends to individuals undergoing advanced training in any center or program approved by the Secretary under this part. "(B) Stipend recipients shall be individuals who are engaged in a program of competency-based language training, in a program of competency-based training, or in a program developing competencybased language training, in combination with area studies, international studies, or the international aspects of a professional studies program. "(C) Stipends awarded to graduate level recipients may include allowances for dependents and for travel for research and study in the United States and abroad. "(2)(A) The Secretary is also authorized to award, on the basis of a national competition, stipends to students beginning their third year of graduate training. "(B) Stipend recipients shall be selected by a nationally recognized panel of scholars on the basis of exceptional performance (on a nationally referenced test, if available) in the specialty language and evidence of substantial multidisciplinary area training. "(C) Stipends may be held for up to a maximum 4 years contingent on periodic demonstration of a high level of language proficiency. "(D) Stipends may be used for continuation of studies at the institution where the recipient is currently enrolled and for the conduct of research and advanced language study abroad. "(3) The Secretary is not authorized to make awards under paragraph (2) for any fiscal year unless the amount made available by grants under paragraph (1) for such fiscal year equals or exceeds the current services equivalent of the level of funding during fiscal year 1985 under paragraph (1). "(c) No funds may be expended under this part for undergraduate travel except in accordance with rules prescribed by the Secretary setting forth policies and procedures to assure that Federal funds made available for such travel are expended as part of a formal program of supervised study.".

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SEC. 603. FOREIGN LANGUAGE RESOURCE CENTERS.

Section 603 of the Act is amended to read as follows: "LANGUAGE RESOURCE CENTERS

"SEC. 603. (a) The Secretary is authorized to make grants to and Grants. enter into contracts with institutions of higher education, or com- S^^jc^^^ipo binations of such institutions, for the purpose of establishing, strengthening, and operating language training centers, which shall serve as resources to improve the capacity to teach and learn foreign languages effectively. Activities carried out by such centers may include— "(1) the conduct of research on new and improved teaching methods, including the use of advanced educational technology; "(2) the development of new teaching materials reflecting the use of such research in effective teaching strategies;

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 100 STAT. 1516

PUBLIC LAW 99-498—OCT. 17, 1986

jG 'r "(3) the development and application of proficiency testing . appropriate to an educational setting for use as a standard and comparable measurement of skill levels in all languages; "(4) the training of teachers in the administration and interpretation of proficiency tests, the use of effective teaching strategies, and the use of new technologies; "(5) the publication of instructional materials in the less commonly taught languages; and "(6) the widespread dissemination of research results, teaching materials, and improved pedagogical strategies to others within the postsecondary education community. "(b) Grants under this section shall be made on such conditions as the Secretary determines to be necessary to carry out the provisions of this section.".

20 USC 1124.

SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. (a) CLARIFYING PROVISION.—The matter preceding clause (1) of

section 604 of the Act is amended by striking out "comprehensive" each place it appears. (b) TYPE OF TRAINING.—Section 604(a)(7) of the Act is amended by

inserting before in-service".

"teacher"

the following:

"pre-service and

(c) MODEL PROGRAMS.—Section 604 is further amended by reGrants.

Reports.

designating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection: "(b)(1) The Secretary is also authorized to make grants to institutions of higher education whose applications are approved under subsection (a) for the purpose of providing assistance to model programs designed to improve and expand foreign language studies at those institutions. Any institution of higher education desiring to receive a grant under this subsection shall submit an application to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. "(2)(A) An institution of higher education shall not be eligible for a grant under this subsection for a fiscal year unless— "(i) the sum of the number of students enrolled at such institution in qualified postsecondary language courses on October 1 of that fiscal year exceeds 5 percent of the total number of students enrolled at such institution; and "(ii) such institution requires that each entering student have successfully completed at least 2 years of secondary school foreign language instruction or requires that each graduating student have earned 2 years of postsecondary credit in a foreign language (or have demonstrated equivalent competence in a foreign language). "(B) For the purpose of subparagraph (AXD, the total number of students enrolled in an institution shall be considered to be equal to the sum of (i) the number of full-time degree candidate students enrolled at the institution, and (ii) the number of part-time degree candidate students who are enrolled at the institution for an academic workload which is at least half the full-time academic workload, as determined by the institution in accordance with standards prescribed by the Secretary. "(3) As a condition for the award of any grant under this subsection, the Secretary may establish criteria for evaluating programs assisted with funds under this subsection and require an annual

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Page:United States Statutes at Large Volume 100 Part 2.djvu/415

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1517

report which evaluates the progress and proficiency of students in such programs.". SEC. 605. INTENSIVE SUMMER LANGUAGE INSTITUTES.

Title VI of the Act is further amended— (1) by redesignating sections 605, 606, and 607 as sections 606, 20 USC 1125-1127. 609, and 610, respectively; and (2) by inserting after section 604 the following new section: "INTENSIVE SUMMER LANGUAGE INSTITUTES

"SEC. 605. (a)(1) The Secretary is authorized to make grants to 20 USC ll24a. institutions of higher education, or combinations of such institutions, for the purpose of establishing and conducting intensive summer language institutes. "(2) Training authorized by this section shall be provided through— "(A) institutes designed to meet the needs for intensive language training by advanced foreign language students; "(B) institutes designed to provide professional development and improve language instruction through pre-service and inservice training for language teachers; or "(C) institutes that combine the purposes of subparagraphs (A) and (B). "(3) Grants made under this section may be used for— "(A) intensive training in languages critical to the national economic and poUtical future; "(B) training in neglected languages; and ' ^* "(C) stipends for students and faculty attending the institutes authorized by this section. "(4) Institutes supported under this section may provide instruction on a full-time or part-time basis to supplement instruction not fully available in centers supported under section 602. "(b) Grants made under this section shall be awarded on the basis of recommendations made by peer review panels composed of broadly representative professionals.". SEC. 606. RESEARCH; STUDIES; ANNUAL REPORT. (a) RESEARCH AND STUDIES.—Section 606 (as redesignated by sec- 20 USC 1125. tion 605 of this Act) is amended— (1) by striking out "and part N of title III of the Elementary and Secondary Education Act of 1965"; (2) by striking out "and" at the end of paragraph (2); (3) by redesignating paragraph (3) as paragraph (4); J i ^aj f; (4) by inserting after paragraph (2) the following new paragraph: "(3) the application of proficiency tests and standards across all areas of foreign language instruction and classroom use; and"; and (5) by inserting "and publication" after "development" in paragraph (4) (as redesignated by this section). (b) (DoNFORMiNG AMENDMENT.—Subsection (b) of such section is amended to read as follows: "(b) The Secretary shall prepare and publish an annual report Reports. listing the books and research materials produced with assistance under this title.".

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Page:U.S. Department of the Interior Annual Report 1880.djvu/65

Rh tract of land in the reservation remaining to be sold, and of the improvements thereon.

6th. A map of the entire reservation of four sections, as provided by law, accompanied by maps of the several quarter sections in the reservation showing, the alignment of the streets by distances, angles, and curves, the dimensions and areas of lots, the position of monuments, and other details.

7th. Maps in sections, showing the several claims, as nearly as possible, as originally made by the claimants.

The number of certificates issued by the commission for the preference right to purchase was 647, covering an aggregate area of 699.81 acres.

The number of certificates issued for condemned buildings was 172, with a total valuation of $74,696.

In accordance with the provisions of the act of March 3, 1877, the officers of the Little Rock land office were instructed to allow the lands to be entered by those in whose favor they were adjucated.

The thirty days allowed the Secretary of the Interior to instruct the land officers were extended by Congress sixty days from January 14, 1880.

March 16,1880, the local officers at Little Rock were notified to carry into effect the instructions previously given.

By an act of Congress, approved June 16, 1880, the valuation of the awarded lands as fixed by the commission was reduced to forty per cent, of the original appraisement.

The certificates issued for condemned buildings, with one exception, were made receivable for entries and purchase money for lands in Hot Springs Reservation.

Those divisions of the reservation known as North Mountain, West Mountain, and Sugar Loaf Mountain, were reserved from sale and dedicated to public use as parks attached to the permanent reservation.

The title to the cemetery lot within the limits of the town was transferred to the corporation of Hot Springs on condition that the bodies now buried within the inclosure should be decently interred in a suitable burying-ground elsewhere, and that the said lot should be used forever as a town or city park.

The Secretary of the Interior was authorized to designate six lots for schools, and one lot for the Baptist Church of Hot Springs, the edifice of the latter having been destroyed by fire.

The streets, courts, and alleys were ceded to the town of Hot Springs.

The lots not awarded to claimants, or otherwise disposed of by law, were to be sold at public auction, at the discretion and under the direction of the Secretary of the Interior, after the usual notice, at a price not less than the appraised valuation, and all moneys received were to be held as a special fund for the improvement and care of the


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 100 STAT. 1518

PUBLIC LAW 99-498—OCT. 17, 1986

SEC. 607. PERIODICALS PUBLISHED OUTSIDE THE UNITED STATES.

Title VI of the Act is further amended by inserting after section 606 (as redesignated by section 605 of this Act) the following new section: '

 * (S

20 USC 1125a.

Grants.

Libraries.

'V

" P E R I O D I C A L S P U B U S H E D O U T S I D E THE UNITED STATES

"SEC. 607. (a) In addition to the amount authorized to be appropriated by section 609, there are authorized to be appropriated $1,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding ^scal years to provide assistance for the acquisition of, and provision of access to, periodicals published outside the United States. "(b) From the amount appropriated under subsection (a) for any fiscal year, the Secretary shall make grants to institutions of higher education or public or nonprofit private library institutions or consortia of such institutions for the following purposes: "(1) to acquire periodicals published outside the United States which are not commonly held by American academic libraries and which are of scholarly or research importance; "(2) to maintain current bibliographic information on periodicals thus acquired in machine-readable form and to enter such information into one or more of the widely available bibliographic data bases; "(3) to preserve such periodicals; and "(4) to make such periodicals available to researchers and scholars. "(c) The Secretary shall approve as a recipient of a grant under this section only an institution or consortium which has an established library or consortium of libraries with collection strengths in either specific geographical areas of the world or particular fields or issues in world affairs which concern one or more countries, or both, and which demonstrates a commitment to share the resources of the collection. "(d) Nothing in this section shall be considered to amend, affect, or define the provisions of title 17, United States Code, relating to copyright.". SEC. 608. SELECTION OF GRANT RECIPIENTS.

=:?:;

Title VI of the Act is further amended by inserting after section 607 (as added by section 607 of this Act) the following new section: SELECTION OF GRANT RECIPIENTS

20 USC 1125b.

"SEC. 608. (a) The Secretary shall award grants under section 602 competitively on the basis of criteria that separately, but not less rigorously, evaluate the applications for comprehensive and undergraduate language and area centers and programs. "(b) The Secretary shall set criteria for grants awarded under section 602 by which a determination of excellence shall be made to meet the differing objectives of graduate and undergraduate institutions. "(c) The Secretary shall, to the extent practicable, award grants under this part (other than section 602(a)(1)) in such manner as to achieve an equitable distribution of assistance throughout the Nation, based on the merit of a proposal with peer review by broadly representative professionals.".

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1519

SEC. 609. REAUTHORIZATION OF PART A.

Section 610 of the Act (as redesignated by section 605 of this Act) is amended to read as follows: " AUTHORIZATION O F APPROPRIATIONS

"SEC. 610. There are authorized to be appropriated to carry out 20 USC 1127. this part $49,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years.". SEC. 610. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS. Section 611(a)(1) of the Act is amended by inserting "and edu- 20 USC 1130. cational" after "skills in the business". SEC. 611. OVERSEAS INTERNSHIPS. Section 612(b) of the Act is amended— 20 USC 1130a. (1) by striking out "and" at the end of paragraph (8); I (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof; and"; and (3) by inserting after paragraph (9) the following new paragraph: "(10) the establishment of internships overseas to enable foreign language students to develop their foreign language skills and knowledge of foreign cultures and societies.". SEC. 612. REAUTHORIZATION OF PART B. Section 613 of the Act is amended to read as follows: " AUTHORIZATION O F APPROPRIATIONS

"SEC. 613. There are authorized to be appropriated to carry out this part $5,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years.".

20 USC ii30b.

SEC. 613. ADVISORY BOARD.

Section 621 of the Act is amended to read as follows: ADVISORY BOARD

"SEC. 621. (a) Not less than 2 times each year the Secretary shall convene an advisory board on the conduct of programs under this title. The Advisory Board shall consist of— "(1) 5 members selected by the Secretary from among members of the postsecondary educational community, at least two of whom shall be considered by their peers to be specialists in one or more fields of language, area, or international studies; "(2) 2 members selected by the Secretary from among members of the public; and "(3) 2 members selected by the Secretary from among representatives of the business community. "(b) The Secretary may consult with, or include as ad hoc ex officio participants in Advisory Board meetings, a representative from any appropriate executive agency. "(c) The Advisory Board shall advise the Secretary on— "(1) any geographic areas of special concern to the United States; "(2) innovative approaches which may help to fulfill the purposes of this title;

20 USC 1131.

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