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"(b) I n exercising his authority under this section, the Commissioner shall comply with such priorities and preferences as may be expressly provided by law, with respect to this section. a APPROPRIATIONS

"SEC. 4. (a)(1) I n order to enable the Commissioner to make contracts under section 3, there is authorized, subject to subsection (b), to be appropriated to the OiRce of Education $200,000,000 for the fiscal year ending June 30, 1976, and each of the two succeeding fiscal years. "(2) Sums appropriated pursuant to paragraph (1) shall, notwithstanding any other provisions of law, unless enacted in express limitation of this paragraph, remain available until expended. "(b)(1) Not later than February 1 of each year, the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a plan in accordance with which the Commissioner has determined to expend funds to be appropriated for the succeeding fiscal year. Such plan shall be accompanied by a report describing each contract made during the calendar year preceding that fiscal year under the authority of this Act involving an expenditure in excess of $100,000. "(2)(A) The funds appropriated pursuant to subsection (a) for any fiscal year shall be expended in accordance with the plan submitted for that year pursuant to paragraph (1), unless prior to sixty days after the submission of such plan, either the Committee on Education and Labor of the House of Representatives or the Committee on Labor and Public Welfare of the Senate adopts a resolution disapproving such plan. " (B) If either or both such committees adopts a resolution of disapproval as provided in subparagraph (A), the Commissioner shall, not later than fifteen days after the adoption of any such resolution, submit a new plan in accordance with paragraph (1) and subparagraph (A).". (2) The title of such Act of July 24, 1954, is amended to read as follows: "An Act to authorize special projects, surveys, and studies by the Office of Education.". (b)(1) I n carrying out his functions under section 3 of the Special Projects Act, the Commissioner shall reserve not less than 50 per centum of the sums appropriated pursuant to section 4 of such Act for the purposes given preference under paragraph (3) of this subsection and apportioned in accordance with paragraph (2) of this subsection. With respect to the funds to which this paragraph applies, the Commissioner's authority under such section 3 shall include authority to make grants as well as contracts. (2) Except as is otherwise provided with respect to section 409, the Commissioner shall apportion an amount for each of the purposes set forth in paragraph (3) which bears the same ratio to the sums reserved pursuant to paragraph (1) as the amount permitted to be expended for each such purpose bears to the aggregate of the amounts permitted to be expended for all such purposes. (3) The sums reserved pursuant to paragraph (1) shall be expended for programs otherwise authorized by an applicable statute and described in the following subparagraphs: Education for the Use of the Metric System of Measurement (A) A program to encourage educational agencies and institutions to prepare students to use the metric system of measurement, as provided in section 403.

20 USC 1853.

if^g^^^'^rl^'i^it submittal to con^'".^^f^^j""^"""'

mittees.

20 USC 1861.

of^undr'""""""* Post. p. 556.

Reserved funds.

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PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

Gifted and Talented Children

Post,

p. 547.

(B) A program for the education of gifted and talented children through grants to the States for such purpose, as provided in section 404 (exceptsubsection (f) thereof). Community Schools

Post, p. 549.

(C) A program of grants to local educational agencies to assist them in planning, establishing, expanding, and operating community education programs, as provided in section 405. Career Education

Post, p. 551.

(D) A program to assess, and to encourage establishment and operation of, career education programs, as provided in section 406. Consumers' Education

Post,

p, 553.

(E) A program of grants and contracts designed to provide consumer education to the public, as provided in section 811 of the Elementary and Secondary Education Act of 1965. Women's Equity in Education

Post,

p. 554.

(F) A program of grants and contracts designed to provide educational equity for women in the United States, as provided in section 408. Arts in Education Programs

20 USC 1851 note,

20 USC 844a note '2o"use 841. 20 USC 844a. 20 USC 844b. 20 USC 845. R^p^^i20 USC 887b

(G) A program of grants and contracts designed to assist and encourage the use of the arts in elementary and secondary school programs as provided in section 409. (4) No appropriation may be made for any fiscal year for the purposes of section 811 of the Elementary and Secondary Education Act of 1965 or sections 403, 404, 405, 406, 408, and 409 of this Act during which funds are available for the purposes of such sections under the provisions of this subsection. (c)(1) The amendments made by subsection (a) and the provisions of subsection (b) shall be effective on and after July 1, 1975. (2) Effcctivc July 1, 1975, title III of the Elementary and Secondary Education Act of 1965 is amended— (i) by Striking out section 305(d); (ii) by striking out section 306; and (iii) by striking out section 307(c). (3) Effective July 1, 1975, section 809 of the Elementary and Secondary Education Act of 1965, is repealed.

and note. EDUCATION FOR THE U S E OF THE M E T R I C SYSTEM OF M E A S U R E M E N T 20 USC 1862.

SEC. 403. (a)(1) The Congress finds that— (A) the metric system of measurement is in general use in industrially developed nations and its use is increasing; (B) increased use of such metric system in the United States is inevitable, and such a metric system will become the dominant system of weights and measures in the United States; and (C) there is no existing Federal program designed to teach children to use such metric system and such a program is necessary if the American people are to adapt to the use of the metric system of weights and measures.

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


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(2) It is the policy of the United States to encourage educational agencies and institutions to prepare students to use the metr-ic system of measurement with ease and facility as a part of the regular- education program. (3) For the purposes of this section, the term "metric system of J'^^^^^'^^^^^^^'"'?, measurement" means the International System of Units as established by the General Conference of Weights and Measures in 1960 and interpreted or modified for the United States by the Secretary of Commerce. (b)(1) The Commissioner shall carry out a program of grants and Grants and contracts in order to encourage educational agencies and institutions to prepare students to use the metric system of measurement. (2) The Commissioner is authorized to make grants to, and contracts with, institutions of higher education, State and local educational agencies, and other public and private nonprofit agencies, organizations, and institutions to develop and carry out the policy set forth in subsection (a). (c)(1) Financial assistance under this section may be made avail- Financial asable only upon application to the Commissioner. Any such application cation. shall be submitted at such time, in such form, and containing such information as the Commissioner shall prescribe by regulation and shall be approved only if it— (A) provides that the activities and services for which assistance is sought will be administered by, or under the supervision of, the applicant; (B) describes a program which holds promise of making a substantial contribution toward attaining the purposes of this section; (C) sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application; and (D) contains such other provisions as the Commissioner determines necessary in order to accomplish the purposes of this title. (2) An application from a local educational agency under this sec- Approval. tion may be approved only if the State educational agency of the State in which such local agency is located has been notified of the application and has been given a reasonable opportunity to offer recommendations with respect to the approval thereof. (d) For the purpose of carrying out this section, the Commissioner Appropriation. is authorized to expend $10,000,000 for each of the fiscal years ending prior to July 1, 1978. GIFTED AND TALENTED CHILDI?EN

SEC. 404. (a) The Commissioner shall designate an administrative unit within the Office of Education to administer the programs and projects authorized by this section and to coordinate all programs for gifted and talented children and youth administered by the Office. (b) The Commissioner shall establish or designate a clearinghouse to obtain and disseminate to the public information pertaining to the education of gifted and talented children and youth. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse. (c)(1) The Commissioner shall make grants to State educational agencies and local educational agencies, in accordance with the provisions of this subsection, in order to assist them in the planning, development, operation, and improvement of programs and projects designed to meet the special educational needs of gifted and talented children at the preschool and elementary and secondary school levels.

20 USC 1863.

Information clearinghouse •

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Page:United States Statutes at Large Volume 88 Part 1.djvu/592

 548 Applications.

Personnel

Research pro20 USC 122le. Transfer of funds. Definition.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

^2)(A) Any State educational agency or local educational agency desiring to receive a grant under this subsection shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner determines to be necessary to carry out his functions under this section. Such application shall— (i) provide satisfactory assurance that funds paid to the applicant will be expended solely to plan, establish, and operate programs and projects which— (I) are designed to identify and to meet the special educational and related needs of gifted and talented children, and ( II) are of sufficient size, scope, and quality as to hold reasonable promise of making substantial progress toward meeting those needs; (ii) set forth such policies and procedures as are necessary for acquiring and disseminating information derived from educational research, demonstration and pilot projects, new educational practices and techniques, and the evaluation of the effectiveness of the program or project in achieving its purpose; and (iii) provide satisfactory assurance that, to the extent consistent with the number of gifted and talented children in the area to be served by the applicant who are enrolled in nonpublic elementary and secondary schools, provision will be made for the participation of such children. (B) The Commissioner shall not approve an application under this subsection from a local educational agency unless such application has been submitted to the State educational agency of the State in which the applicant is located and such State agency has had an opportunity to make recommendations with respect to approval thereof. (3) Funds available under an application under this subsection may be used for the acquisition of instructional equipment to the extent such equipment is necessary to enhance the quality or the effectiveness of the program or project for which application is made. (4) A State educational agency receiving assistance may carry out its functions under an approved application under this subsection directly or through local educational agencies. ^^^ ^}-^g Commissioner is authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to institutions of higher education, a program for training personnel engaged or preparing to engage in educating gifted and talented children or as supervisors of such personnel, (e) The Commissioner is authorized to make grants to institutions of higher education and other appropriate nonprofit institutions or agencies to provide training to leadership personnel for the education of gifted and talented children and youth. Such leadership personnel may include, but are not limited to, teacher trainers, school administrators, supervisors, researchers, and State consultants. Grants under this subsection may be used for internships, with local. State, or Federal agencies or other public or private agencies or institutions. ^f^ Notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act, the National Institute of Education shall, in accordance with the terms and conditions of section 405 of such Act, carry out a program of research and related activities relating to the education of gifted and talented children. The Commissioner IS authorized to transfer to the National Institute of Education such sums as may be necessary for the program required by this subsection. As used in the preceding sentence the term "research and related

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activities" means research, research training, surveys, or demonstrations in the field of education of gifted and talented children and youth, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental and model schools. (g) I n addition to the other authority of the Commissioner under this section, the Commissioner is authorized to make contracts with public and private agencies and organizations for the establishment and operation of model projects for the identification and education of gifted and talented children, including such activities as career education, bilingual education, and programs of education for handicapped children and for educationally disadvantaged children. The total of the amounts expended for projects authorized under this subsection shall not exceed 15 per centum of the total of the amounts expended under this section for any fiscal year. (h) For the purpose of carrying out the provisions of this section, the Commissioner is authorized to expend not to exceed $12,250,000 for each fiscal year ending prior to July 1, 1978. COMMUNITY

^odei projects,

Appropriation.

SCHOOLS

SEC. 405. (a) This section may be cited as the "Community Schools ^ community . ,, Act.

^ '

"^

''

Schools Act. 20 USC 1864.

^ ^

(b) I n recognition of the fact that the school, as the prime educational institution of the community, is most effective when the school involves the people of that community in a program designed to fulfill their education needs, and that community education promotes a more efficient use of public education facilities through an extension of school buildings and equipment, it is the purpose of this section to provide educational, recreational, cultural, and other related community services, in accordance with the needs, interests, and concerns of the community, through the establishment of the community education program as a center for such activities in cooperation with other community groups. (c) For purposes of this section and subparagraph (C) of section Ar\c\ /L\

/nx

u

-x

1

i-

^.1 -^

'^

^

'

•

1 • 1

"community education pro-

4:0A{D)(o), a community education program is a program in which gram." a public building, including but not limited to a public elementary ^"'e* P- ^44. or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community. Nothing in this section shall be construed to prohibit any applicant under this section from carrying out any activity with funds derived from other sources. (d)(1) In order to carry out the purposes and provisions of this c^'nts. section, the Commissioner is authorized to make grants to State educational agencies and to local educational agencies to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs. (2) Fifty percent of the funds made available pursuant to clause (1) of subsection (i) shall be available for grants to State educational agencies. The remainder of such funds shall be available for grants to local educational agencies. (3) For the purpose of paragraph (1) of this subsection, the Federal Federal share. share shall be— (A) 80 per centum of a program to establish a new community education program.

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 550

Application.

Training grants.

Information clearinghouse.

Technical assistance.

Community Education Advisory Council. Establishment; membership. Post, p. 5 7 5.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

(B) 65 per centum of a program to expand or improve a community education program for the first year in which such program is assisted under this section, and 55 per centum in any fiscal year thereafter, and (C) 40 per centum of a program to maintain or carry out a community education program. (4) Any State or local educational agency desiring to receive a grant under this section for any fiscal year shall submit an application to the Commissioner at such time, in such manner, and in such form as the Commissioner shall prescribe by regulation. Each such application shall contain provisions— (A) assuring that local community colleges, social, recreational, and health groups will be consulted with respect to programs to be offered and facilities to be used for the purpose of this section; (B) assuring that the applicant will pay from non-Federal sources the remaining costs of carrying out the application; and (C) containing a description of each community education program for which assistance is sought in sufficient detail to apply the appropriate Federal share specified in clause (3) of this subsection. The Commissioner shall not approve an application submitted by a local educational agency unless the State educational agency of the State in which that local educational agency is located has been given an opportunity to review, and make comment on, such application. (e) The Commissioner is authorized to make grants to institutions of higher education to develop and establish, or to expand, programs which will train persons to plan and operate community education programs. (f)(1) The Commissioner shall establish or designate a clearinghouse to gather and disseminate information received from community education programs, including but not limited to information regarding new programs, methods to encourage community participation, and ways of coordinating community education programs with other community services. The Commissioner is authorized to contract with puK lie or private agencies or organizations to establish and operate the clearinghouse. (2) The Commissioner shall make available to each community education program such technical assistance and information as the program may require, and such technical assistance shall be coordinated with the national clearinghouse. (g)(1) There is established, subject to part D of the General Education Provisions Act, in the Office of the Commissioner, a Community Education Advisory Council (referred to in this section as the "Advisory Council") to be composed of eleven members. The members of the Advisory Council shall be appointed by the Secretary. (2) A substantial number of the members of the Advisory Council shall be persons experienced in the operation of community education programs and the training of such persons. The Council shall include representatives from various disciplines involved in providing services in community school programs. (f)(1) The Commissioner shall establish or designate a clearingwithin three months after enactment of this section. (4) The Commissioner shall make available to the Advisory Council such staff, information, and other assistance as it may require to carry out its activities. (5) The Advisory Council shall advise the Commissioner on policy matters relating to the interests of community schools.

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(6) I n the fiscal year ending June 30, 1975, the Advisory Council shall be responsible for advising the Commissioner regarding the establishment of policy guidelines and regulations for the operation and administration of this section. In addition, the Council shall create a system for evaluation of the programs. The Council shall present to Congress a complete and thorough evaluation of the programs and operation of this section for each fiscal year ending after June 30, 1975. (h) In approving applications under this section the Commissioner shall insure that there is an equitable geographical distribution of community education programs throughout the United States in both urban and rural areas. (i) The Commissioner is authorized to expend (1) for the purpose of subsection (d), $15,000,000 for each fiscal year ending prior to July 1, 1978; and (2) for the purposes of subsection (e), $2,000,000 for each fiscal year ending prior to July 1, 1978. CAREER

551 nLfan/^eguiations. Evaluation, sub'"^ ^ ° °"g«ss.

Appropriation.

EDUCATION

SEC. 406. (a) I t is the sense of Congress that— 20 USC ises. (1) every child should, by the time he has completed secondary school, be prepared for gainful or maximum employment and for full participation in our society according to his or her ability: (2) it is the obligation of each local educational agency to provide that preparation for all children (including handicapped children and all other children who are educationally disadvantaged) within the school district of such agency; and (3) each State and local educational agency should carry out a program of career education which provides every child the widest variety of career education options which are designed to prepare each child for maximum employment and participation in our society according to his or her ability. (b) I t is the purpose of this section to assist in achieving the policies set forth in subsection (a) by— (1) developing information on the needs for career education for all children; (2) promoting a national dialogue on career education designed to encourage each State and local educational agency to determine and adopt the approach to career education best suited to the needs of the children served by them; (3) assessing the status of career education programs and practices, including a reassessment of the stereotj^ping of career opportunities by race or by sex; (4) providing for the demonstration of the best of the current career education programs and practices by the development and testing of exemplary programs and practices using various theories, concepts, and approaches with respect to career education; (5) providing for the training and retraining of persons for conducting career education programs; and (6) developing State and local plans for implementing career education programs designed to insure that every child has the opportunity to gain the knowledge and skills necessary for gainful or maximum employment and for full participation in our society according to his or her ability. (c)(1) I n order to carry out the policies, purposes, and provisions EdJcLtfon^ ^^""^ of this section, there is established in the Office of Education an Establishment. Office of Career Education (hereafter in this section referred to as the "Office"). The Office shall be headed by a Director. (2) The Director of the Office shall report directly to the Commissioner.

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PUBLIC LAW 93-380-AUG. 21, 1974

" C a r e e r education."

Survey and assessment. Report to Congress.

Post,

p. 569.

Career education models, grants.

L o c a l State educational program p l a n s, grants.

National Advisory Council for Career Education. Establishment. P o s t, p. 575.

[88 STAT.

(d) For the purposes of this section, the term "career education" means an education process d e s i r e d — (1) to increase the relationship between schools and society as a whole; (2) to provide opportunities for counseling, guidance and career development for all children; (3) to relate the subject matter of the curricula of schools to the needs of persons to function in society; (4) to extend the concept of the education process beyond the school into the area of employment and the community; (5) to foster flexibility in attitudes, skills, and knowledge in order to enable persons to cope with accelerating change and obsolescence; (6) to make education more relevant to employment and functioning in society; and (7) to eliminate any distinction between education for vocational purposes and general or academic education. (e) The Commissioner shall conduct a survey and assessment of the current status of career education programs, projects, curriculums, and materials in the United States and submit to the Congress, not later than November 1, 1975, a report on such survey and assessment. Such report shall include recommendations of the Advisory Council created under subsection (g) for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b). I n exercising his authority under clauses (ii) ( III) and ( i i)(V) of section 434(b)(1)(A) of the General Education Provisions Act, for any fiscal year, the Commissioner shall require State educational agencies and local educational agencies to report on theii- efforts to prepare students for gainful or maximum employment. (f)(1) During the period beginning with the enactment of this section and ending June 30, 1978, the Commissioner is authorized to make grants to State and local educational agencies, institutions of higher education, and other nonprofit agencies and organizations to support projects to demonstrate the most effective methods and techniques in career education and to develop exemplary career education models (including models in which handicapped children receive appropriate career education either by participation in regular or modified programs with nonhandicapped children or where necessary in specially designed programs for handicapped children whose handicaps are of such seventy that they cannot benefit from regular or modified programs). Grants made under this subsection shall be consistent with the policies set forth in subsection (a) of this subsection. (2) During the period beginning one year after the enactment of this section and ending June 30, 1977, the Commissioner is authorized to make grants to State educational agencies to enable them to develop State plans for the development and implementation of career education programs in the local educational agencies of the States. Such plans shall be designed to carry out the policies and purposes set forth in subsections (a) and (b). (g)(1) Subject to part D of the General Education Provisions Act and within ninety days after the enactment of this section, there is established a National Advisory Council for Career Education which shall be composed of— (A) the Assistant Secretary of Health, Education, and Welfare for Education, the Commissioner of Education, the Director of the Office of Career Education, the Director of the National Institute of Education, the Administrator of the National Center for

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PUBLIC LAW 93-380-AUG. 21, 1974

Education Statistics, the Director of the National Science Foundation, the Chairman of the National Foundation for the Arts, the Chairman of the National Foundation for the Humanities, the Chairman of the National Advisory Council for Vocational Education, all of whom shall serve in a nonvoting ex officio capacity; and (B) not less than twelve public members broadly representative of the fields of education, the arts, the humanities, the sciences, community services, business and industry, and the general public, a majority of whom shall be engaged in education or education-related professions. (2) The public members shall be appointed by the Secretary. The Secretary shall select the Chairman from among the public members. The members shall serve for terms of three years with not more than four seats rotating in any one year. The Commissioner shall provide such staff and funds for the Council as deemed necessary and such staff and funds shall be in addition to those provided elsewhere in this title. (3) The duties of the Council shall be to advise the Commissioner on the implementation of this section and c a r r j out such advisory functions as it deems appropriate, including reviewing the operation of this section and all other programs of the Division of Education pertaining to the development and implementation of career education, evaluating their effectiveness in meeting the needs of career education throughout the United States, and in determining the need for further legislative remedy in order that all citizens may benefit from the purposes of career education as prescribed in this section. (4) The Council with the assistance of the Commissioner shall conduct a survey and assessment of the current status of career education programs, projects, curricula, and materials in the United States and submit to Congress, not later than November 1, 1975, a report on such survey and assessment. Such report shall include recommendations of the Council for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b). (h) For the purpose of carrying out the provisions of this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978. CONSUMERS

Chairman; term.

Duties.

Survey and sessment. Report to Congress.

Appropriation.

EDUCATION

SEC. 407. (a)(1) Section 811(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "SEC. 811. (a)(1) There shall be within, the Office of Education an Office of Consumers' Education (hereafter in this section referred to as the 'Office') which shall be headed by a Director of Consumers' Education (hereafter in this section referred to as the 'Director') who, subject to the management of the Commissioner, shall have responsibility for carrying out the provisions of this section. " (2) The Director shall be appointed by the Commissioner in accordance with the provisions of title 5 of the United States Code relating to appointments to the competitive service.". (2) Such section 811(b) of such Act is amended^ in clause (ii) in the second sentence of paragraph (1)(C), by striking out "paragraph (2) " and inserting in lieu thereof "subparagraph (B) ". (3) Section 811(d) of such Act is amended to read as follows: " (d) For the purpose of carrying out this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.". (b) The amendments made by paragraph (3) of subsection (a) shall be effective on and after July 1, 1973.

20 USC 887d. Office of Cons u m e r s ' Education. Establishment.

5 USC 101 et seq.

Effective date. 20 USC 887d note.

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[88

STAT.

WOMEN'S EDUCATIONAL EQUITY Women's Educational Equity Act of 1974. 20 USC 1866.

"Council. Grants and contracts.

Applications.

Nondiscrimination. Additional grants.

SEC. 408. (a) This section may be cited as the "Women's Educational Equity Act of 1974." (b)(1) The Congress hereby finds and declares that educational programs in the United States (including its possessions), as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society. (2) I t is the purpose of this section to provide educational equity for women in the United States. (c) As used in this section, the term "Council" means the Advisory Council on Women's Educational Programs. (d)(1) The Commissioner is authorized to make grants to, and enter into contracts with, public agencies and private nonprofit organizations and with individuals for activities designed to carry out the purposes of this section at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. These activities shall include— (A) the development, evaluation, and dissemination by the applicant of curricula, textbooks, and other educational materials related to educational equity; (B) preservice and inservice training for educational personnel including guidance and counseling with special emphasis on. programs and activities designed to provide educational equity; (C) research, development, and educational actiAdties designed to advance educational equity; (D) guidance and counseling activities, including the development of nondiscriminatory tests, designed to assure educational equity; (E) educational activities to increase opportunities for adult women, including continuing educational activities and programs for underemployed and unemployed women; (F) the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education and educational administration. (2) A grant may be made and a contract may be entered into under this section only upon application to the Commissioner, at such time, in such form, and containing or accompanied by such information as the Commissioner may prescribe. Each such application shall— (A) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; (B) describe a program for carrying out one of the purposes set forth in subsection (a) which holds pi-omise of making a substantial contribution toward attaining such purposes; and (C) set forth policies and procedures which insur-e adequate evaluation of the activities intended to be carried out under the application. (3) The Commissioner shall approve applicants and amendments thereto which meet the requirements of paragraph (2). (4) Nothing in this section shall be construed as prohibiting men from participating in any programs or activities assisted under this section. (e) I n addition to the authority of the Commissioner under subsection (d), the Commissioner shall carry out a program of small grants, not to exceed $15,000, each, in order to support innovative approaches to achieving the purpose of this section; and for that

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purpose the Commissioner is authorized to make grants to public and private nonprofit agencies and to individuals. (f)(1) There is established in the Office of Education an Advisory ^.f^^'^"'^^^"""' Council on Women's Educational Programs. The Council shall be Educ"tio°^lVroCOmpOSed o f

grams.

(A) seventeen individuals, some of whom shall be students, me^^be^ihip"''"*' who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals broadly representative of the general public who, by virtue of their knowledge or experience, are versed in the role and status of women in American society; (B) the Chairman of the Civil Rights Commission; (C) the Director of the Women's Bureau of the Department of Labor; and (D) the Director of the Women's Action Program of the Department of Health, Education, and Welfare. The Council shall elect its own Chairman. (2) The term of office of each member of the Council appointed Term. under clause (A) of paragraph (1) shall be three years, except that— (A) the members first appointed under such clause shall serve as designated by the President, six for a term of one year, five for a term of two years, and six for a term of three years; and (B) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (3) The Council shall— Duties. (A) advise the Commissioner with respect to general policy matters relating to the administration of this section; (B) advise and make recommendations to the Assistant Secretary concerning the improvement of educational equity for women; (C) make recommendations to the Commissioner with respect to the allocation of any funds pursuant to this section, including criteria developed to insure an appropriate geographical distribution of approved programs and projects throughout the Nation; and (D) develop criteria for the establishment of program priorities. (4) From the sums available for the purposes of this section, the ^,^^'^J^^^"^'"/"^ tion in education, Commissioner is authorized and directed to conduct a national, com- r e v i e w. prehensive review of sex discrimination in education, to be submitted to the Council not later than a year after the date of enactment of this section. The Council shall review the report of the Commissioner and shall make such recommendations, including recommendations for additional legislation, as it deems advisable. (5) The provisions of part D of the General Education Provisions Act shall apply with respect to the Council established under this Post, p. 575. subsection. (f) The Commissioner is directed, at the end of each fiscal year, to den^^c'^n°re^s's^^' submit to the President and the Congress and to the Council a report and council. setting forth the programs and activities assisted under this section, and to provide for the distribution of this report to all interested groups and individuals, including the Congress, from funds authorized under this section. After receiving the report from the Commis- ^.P'^og'^^™ evaiua sioner, the Council shall evaluate the programs and projects assisted under this section and include such evaluation in its annual report. (h) For the purpose of carrying out this section, the Commissioner Appropriation. is authorized to expend not to exceed $30,000,000 for each fiscal year prior to July 1, 1978.

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PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

ELEMENTARY AND SECONDARY SCHOOL EDUCATION I N THE ARTS 20 USC 1867.

SEC. 409. The Commissioner shall, during the period beginning after June 30, 1974 and ending on June 30, 1978, through arrangements made with the John F. Kennedy Center for the Performing Arts, carry out a program of grants and contracts to encourage and assist State and local educational agencies to establish and conduct programs in which the arts are an integral part of elementary and secondary school programs. Not less than $750,000 shall be available for the purposes of this section during any jfiscal year during the period for which provision is made in the preceding sentence. EFFECTIVE DATE

20 USC 1801 note.

SEC. 410. Except where otherwise specified in this title, the amendments made by, and the provisions of, this title shall be effective on and after the date of enactment of this Act. TITLE V—EDUCATION ADMINISTRATION NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 501. (a) Part A of the General Education Provisions Act is amended by adding at the end thereof the following new section: NATIONAL CENTER FOR EDUCATION STATISTICS Establishment. 20 USC 1221e-l.

5 USC 101 et seq. Functions.

Advisory eouncil on Education Statistics. Establishment; membership.

"SEC. 406. (a) There is established, within the Office of the Assistant Secretary, a National Center for Education Statistics (hereafter in this section referred to as the 'Center'). The Center shall be headed by an Administrator who shall be appointed by the Assistant Secretary in accordance with the provisions of title 5, United States Code, relating to appointments in the competitive service. "(b) The purpose of the Center shall be to collect and disseminate statistics and other data related to education in the United States and in other nations. The Center shall— "(1) collect, collate, and, from time to time, report full and complete statistics on the conditions of education in the United States; " (2) conduct and publish reports on specialized analyses of the meaning and significance of such statistics; "(3) assist State and local educational agencies in improving and automating their statistical and data collection activities; and "(4) review and report on educational activities in foreign countries. "(c)(1) There shall be an Advisory Council on Education Statistics which shall be composed of 7 members appointed by the Secretary and such ex officio members as are listed in subparagraph (2). Not more than 4 of the appointed members of the Council may be members of the same political party. " (2) The ex officio members of the Council shall be— " (A) the Commissioner of Education, " (B) the Director of the National Institute of Education, " (C) the Director of the Census, and " (D) the Commissioner of Labor Statistics. "(3) Appointed members of the Council shall serve for terms of 3 years, as determined by the Secretary, except that in the case of initially appointed members of the Council, they shall serve for shorter terms to the extent necessary that the terms of office of not more tlian 3 members expire in the same calendar year.

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" (4) The Assistant Secretary shall serve as the non-voting presiding officer of the Council. "(5)(A) The Council shall meet at the call of the presiding officer, except that it shall meet— " (i) at least four times during each calendar year; and "(ii) in addition, whenever three voting members request in writing that the presiding officer call a meeting. " (B) Six members of the Council shall constitute a quorum of the Council. "(6) The provisions of section 448(b) of part D of this title shall not apply to the Council established under this subsection. "(7) The Council shall review general policies for the operation of the Center and shall be responsible for establishing standards to insure that statistics and analyses disseminated by the Center are of high quality and are not subject to political influence. " (d)(1) The Assistant Secretary shall, not later than March 1 of each year, submit to the Congress an annual report which— " (A) contains a description of the activities of the Center during the then current fiscal year and a projection of its activities during the succeeding fiscal year; " (B) sets forth estimates of the cost of the projected activities for such succeeding fiscal year; and " (C) includes a statistical report on the condition of education in the United States during the two preceding fiscal years and a projection, for the three succeeding fiscal years, of estimated statistics related to education in the United States. "(2) The Center shall develop and enforce standards designed to protect the confidentiality of persons in the collection, reporting, and publication of data under this section. This subparagraph shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies receiving grants from or having contracts with the Federal Government. "(e) I n order to carry out the objectives of the Center, the Assistant Secretary is authorized, either directly or by grant or contract, to carry out the purposes set forth in subsection (b), and for that purpose the Assistant Secretary is authorized to make grants to, and contracts with public and private institutions, agencies, organizations and individuals. " (f)(1)(A) The Center is authorized to furnish transcripts or copies of tables and other statistical records of the Office of Education, the Assistant Secretary, and the National Institute of Education to, and to make special statistical compilations and surveys for. State or local officials, public and private organizations, or individuals. The Center shall furnish such special statistical compilations and surveys as the Committees on Labor and Public Welfare and on Appropriations of the Senate and the Committees on Education and Labor and on Appropriations of the House of Representatives may request. Such statistical compilations and surveys, other than those carried out pursuant to the preceding sentence, shall be made subject to the payment of the actual or estimated cost of such work. In the case of nonprofit organizations or agencies, the Assistant Secretary may engage in joint statistical projects, the cost of which shall be shared equitably as determined by the Assistant Secretary: Provided, That the purposes of such projects are otherwise authorized by law. " (B) All funds received in payment for work or services enumerated under subparagraph (A) shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay

557

ge^stauaae!^' 20 USC i233g.

co^^^resV°

ii^^l^^ndlrdT

Grants.

tic^aTc^m nations and sur^J'ys! sub' mittai to congres.^'°"^^ committees.

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 558

Educational data consortium with other Federal agencies.

Funds, limitation.

Effective date. 20 USC 1221e. 1 note. 84 Stat. 168; 86 Stat. 326. 20 USC 1231f.

PUBLIC LAW 93-380-AUG. 21, 1974

[88

STAT.

appropriations which initially bore all or part of such costs, or to refund excess sums when necessary. "(2)(A) The Center shall participate with other Federal agencies having a need for educational data in forming a consortium for the purpose of providing direct joint access with such agencies to all educational data received by the Center through automated data processing. The Library of Congress, General Accounting Office, and the Committees on Labor and Public Welfare and Appropriations of the Senate and the Committees on Education and Labor and Appropriations of the House of Representatives shall, for the purposes of this subparagraph, be considered Federal agencies. " (B) The Center shall, in accordance with regulations published for the purpose of this paragraph, provide all interested parties, including public and private agencies and individuals, direct access to data collected by the Center for purposes of research and acquiring statistical information. "(3) The Commissioner and the National Institute of Education are directed to cooperate with the Center and make such records and data available to the Center as may be necessary to enable the Center to carry out its functions under this subsection. " (g)(1) The amount available for salaries and expenses of the Center shall not exceed $5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the fiscal year ending June 30, 1976, and $14,000,000 for the fiscal ^ear ending June 30, 1977. " (2) The amount available for grants and contracts by the Assistant Secretary under subsection (e) shall not exceed $20,000,000 for the fiscal year ending June 30, 1975, $25,000,000 for the fiscal year ending June 30, 1976, and $30,000,300 for the fiscal year ending June 30, 1977. "(3) Sums appropriated for activities and expenses of the Center which are not limited by paragraph (2) of this subsection shall be appropriated apart from appropriations which are so limited, as separate line items.". (b)(1) The amendments made by subsection (a) shall be effective on the tenth day after the date of enactment of this Act. (2) Section 427 of such Act is amended to read as follows: "AUTHORIZATION TO FURNISH INFORMATION

Transfer of records.

20 USC 1221e. 1 note.

Ante, p. 5 5 6. 20 USC 1231f note. Supra,

Survey. 20 USC 880b10 note. Ante, p. 509.

"SEC. 427. The Commissioner is authorized to transfer transcripts or copies of other records of the Office of Education to State and local officials, public and private organizations, and individuals.". (3)(A) All functions and authority vested in the Commissioner of Education which, immediately prior to the date upon which the amendments made by subsection (a) become effective, are related to the collection, analysis, and dissemination of statistics about, and reports on the condition of, education in the Nation as determined by the Assistant Secretary are transferred, on such date to the National Center for Education Statistics established under section 406 of the General Education Provisions Act. (B) The functions and authority of the Commissioner of Education under section 427 relating to statistics prior to the date upon which the amendments made by subsection (a) become effective, together with all funds deposited in any account under such section, are transferred, on such date to the National Center for Education Statistics. (4) The National Center for Education Statistics shall conduct the survey required by section 731(c)(1)(A) of title VII of the Elementary and Secondary Education Act of 1965.

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559

GENERAL PROVISIONS RELATING TO OFFICERS IN THE EDUCATION DIVISION

SEC. 502. (a)(1) The General Education Provisions Act is amended by adding after section 406 the following new sections:

Ante, p. 556.

" RULES FOR EDUCATION OFFICERS OF THE UNITED STATES

"SEC. 407. (a) For the purposes of this section, the term 'education ^er of "he unitLd' officer of the United States' means any person appointed by the Presi- states." dent pursuant to this part, except members of commissions, councils, ^° ^^*^ i22ie-2. and boards. "(b) Each education officer of the United States shall serve at the pleasure of the President. "(c) No education officer of the United States shall engage in infg"""/"'""^" any other business, vocation, or employment while serving in the position to which he is appointed; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have any financial interest in, any organization, agency, or institution to which an agency in the Education Division makes a grant or with which any such agency makes a contract or any other financial arrangement. " (d) No person shall hold, or act for, more than one position as an education officer of the United States for more than a 30 day period. " GENERAL AUTHORITY O F ADMINISTRATIVE HEADS OF EDUCATION AGENCIES

"SEC. 408. (a) Each administrative head of an education agency, in ^° ^^^ i22ie.j. order to carry out functions otherwise vested in him by law, is, subject to limitations as may be otherwise imposed by law, authorized— "(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of the agency of which he is head; "(2) in accordance with those provisions of title 5, United us States Code, relating to the appointment and compensation of et 5 seq.e 101 personnel and subject to such limitations as are imposed in this part, to appoint and compensate such personnel as may be necessary to enable such agency to carry out its functions; "(3) to accept unconditional gifts or donations of services, money, or property (real, personal, or mixed; tangible or intangible); " (4) without regard for section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary for the conduct of such agency; "(5) with funds expressly appropriated for such purpose, to construct such facilities as may be necessary to carry out functions vested in him or in the agency of which he is head, and to acquire and dispose of property; and "(6) to use the services of other Federal agencies and reimburse such agencies for such services. "(b) Any administrative head of an education agency is, subject to f^n^/.^n^''"" °^ any other limitations on delegations of authority provided by law, authorized to delegate any of his functions under this section to an officer or employee of that agency. " (c) For the purposes of this section, the term 'administrative head head tTTn^e'du'cir of an education agency' means the Commissioner and the Director of tion agency." the National Institute of Education. To the extent that the Assistant

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20 USC 1221b. 20 USC i22ie.

Effective date. 2 note. ^'

PUBLIC LAW 93-380-AUG. 21, 1974

Secretary is directly responsible for the administration of a program and to the extent that the Assistant Secretary is responsible for the supervision of the National Center for Education Statistics, the Assistant Secretary shall, for such purposes, be considered within the meaning of such term.". (2) The General Education Provisions Act is amended— ( ^) in section 402(b), by striking out the second sentence (B) iu section 405— (I) by striking out that part of the first sentence of subsection (d)(1) which follows "Senate" and inserting in lieu thereof a period, and ( II) by striking out subsection (f). ^^^ 'jj^e amendments made by this section shall be effective on the tenth day after the date of enactment of this Act. AMENDMENT W I T H RESPECT TO THE OFFICE OFFICES

20 USC 1221c.

[88 STAT.

OF E D U C A T I O N;

REGIONAL

gj,(. 503^ (^^^ Section 403 of such Act is amended to read as follows: a, H E OFFICE OF EDUCATION T

Report to conmut^e^es?'*^''°"'

" S E C 403. (a) There shall be an Office of Education (hereinafter in this section referred to as the 'Office') which shall be the primary agency of the Federal Government responsible for the administration of programs of financial assistance to educational agencies, institutions, and organizations. The Office shall have such responsibilities and authorities as may be vested in the Commissionei- by law or delegated to the Commissioner in accordance with law. "(b) The Office shall be headed by the Commissioner' of Education who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be subject to the direction and supervision of the Secretary. "(c)(1) The Office shall, consistent with such organization thereof which is provided by law, be divided into bureaus, and such bureaus shall be divided into divisions as the Commissioner determines appropriate. "(2)(A) There shall be regional offices of the Office established in such places as the Commissioner, after consultation with the Assistant Secretary, shall determine. Such regional offices shall carry out such functions as are specified in subparagraph (B). " (B) The regional offices shall serve as centers for the dissemination of information about the activities of the agencies in the Education Division and provide technical assistance to State and local educational agencies, institutions of higher education, and other educational agencies, institutions, and organizations and to individuals and other groups having an interest in Federal education activities. " (C) The Commissioner shall not delegate to any employee in any regional office any function which was not carried out, in accordance with regulations effective prior to June 1, 1973, by employees in such offices unless the delegation of such fimction to employees in regional offices is expressly authorized by law enacted after the enactment of the Education Amendments of 1974. " (3) The Commissioner shall submit to the Committee on Labor and Publlc Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than November 1 of each year a report on the personnel needs and assignments of the Office.

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561

Such report shall include a description (A) of the manner in which the Office is organized and the personnel of the Office are assigned to the various functions of that agency and (B) of personnel needs of that agency in order to enable it to carry out its functions, as authorized by law.". date,. (b) The provisions of the amendments made by subsection (a) shall Effective1221c 20 USC be effective on the tenth day after the date of enactment of this Act, note. except that the provisions of limitation set forth in section 403(c)(2) (C) of the General Education Provisions Act shall have effect on the ^"'^' P- 5^°date of such enactment, and shall be retroactive to June 1, 1973. AMENDMENTS WITH RESPECT TO THE EDUCATION DIVISION

SEC. 504. (a) Section 401 of the General Education Provisions Act is amended to read as follows:

20 USC 1221a.

" THE EDUCATION DIVISION

"SEC. 401, (a) There shall be, within the Department of Health, Education, and Welfare, an Education Division, composed of the agencies listed in subsection (b), which shall be headed by the Assistant Secretary. " (b)(1) The Education Division shall be composed of the following agencies: " (A) The Office of Education; and " (B) The National Institute of Education. "(2) In the Office of the Assistant Secretary there shall be a National Center for Education Statistics.". (b) The amendment made by subsection (a) shall be effective on Effective date. the tenth day after the date of enactment of this Act. note. AMENDMENTS WITH RESPECT TO APPLICABILITY, AUTHORIZATION OF APPROPRIATIONS, AND OTHER GENERAL MATTERS

SEC. 505. (a)(1) Section 400 of the General Education Provisions Act is amended to read as follows: "SHORT TITLE; APPLICABILITY; DEFINITIONS; APPROPRIATIONS

"SEC. 400. (a) This title may be cited as the 'General Education Provisions Act'. " (b) Except where otherwise specified, the provisions of this title shall apply to any program for which an administrative head of an education agency has administrative responsibility as provided by law or by delegation of authority pursuant to law. " (c)(1) For the purposes of this title, the term— " (A) 'applicable program' means any program to which this title is, under the terms of subsection (b), applicable; "(B)'applicable statute'means— "(i) the Act or the title, part or section of an Act, as the case may be, which authorizes the appropriation for an applicable program; "(ii) this title; and "(iii) any other statute which under its terms expressly controls the administration of an applicable program; " (C) 'Assistant Secretary' means the Assistant Secretary of Health, Education, and Welfare for Education; " (D) 'Commissioner' means the Commissioner of Education;

20 USC 1221.

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42 USC 2000a note.

Appropriations.

Limitations.

20 USC 1071. 20 USC 1132c, 1132d. 20 USC 1078a note.

20 USC 1221g. Effective date. 20 USC 1221 note.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

" (E) 'Director' means the Director of the National Institute of Education; and " (F) 'Secretary' means the Secretary of Health, Education, and Welfare. " (2) Nothing in this title shall be construed to ajffect the applicability of the Civil Rights Act of 1964 to any program subject to the provisions of this title. "(3) No Act making appropriations to carry out an applicable program shall be considered an applicable statute. " (d) Except as otherwise limited in this title, there are authorized to be appropriated for any fiscal year such sums as may be necessary to carry out the provisions of this title. "(e)(1) The aggregate of the appropriations to the agencies in the Education Division and to the Office of the Assistant Secretary for any fiscal year shall not exceed the limitations set forth for that fiscal year in subparagraph (2). "(2)(A) Except as is provided in subparagraph (B), the appropriations to which paragraph (1) applies— "(i) shall not exceed $7,500,000,000 for the fiscal year ending June 30, 1975, $8,000,000,000 for the fiscal year ending June 30, 1976, and $9,000,000,000 for the fiscal year ending June 30, 1977; and "(ii) shall not exceed such amounts as may be authorized by the law and limited by this subparagraph. " (B) The limitations set forth in subparagraph (A) shall not apply— " (i) to uncontrollable expenditures under obligations created under part B of title IV of the Higher Education Act of 1965, parts C and D of title VII of such Act, and the Emergency Insured Student Loan Act of 1969; and "(ii) to any other expenditure under an obligation determined by the Commissioner pursuant to, or in accordance with, law to be an uncontrollable expenditure of the Office of Education." (2) Section 442(d) of the Education Amendments of 1972 is amended by striking out "400(c)" and inserting in lieu thereof "400(d)". (b) The amendments made by subsection (a) shall be effective on the tenth day after the date of enactment of this Act. REVISION OF APPROPRIATIONS AND EVALUATIONS PROVISIONS

20 USC 1221.

SEC. 506. (a)(1) Part B of the General Education Provisions Act is amended— (A) by inserting immediately after the heading thereof the following: "Subpart I—Appropriations"

20 USC 1222, 1224. 20 USC 1223. 20 USC 1225.

(B) by striking out section 411 and section 413; (C) by redesignating section 412 as 411; (D) by redesignating section 414 as section 412; and (E) by striking out subsection (b) of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: " (b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is applicable during any fiscal year, ending prior to July 1, 1978, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for

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which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year. "(c) If any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679(d)(2) of the Revised Statutes and become available for obligation after the institution of a judicial proceeding seeking the release of such funds, then such funds shall be available for obligation and expenditure until the end of the fiscal year which begins after the termination of such judicial proceeding.". (2) Part B of such Act is further amended— (A) by redesignating section 415 as 413; and (B) by adding immediately after section 413, as redesignated by this paragraph, the following new section:

5(33

^ i use 665.

20 USC 12^26' ^^

"CONTINGENT EXTENSION OF PROGRAMS

"SEC. 414. (a) Unless the Congress in the regular session which ends 20 USC 1226a. prior to the beginning of the terminal fiscal year— "(1) of the authorization of appropriations for an applicable program; or "(2) of the duration of an applicable program; either— " (A) has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or " (B) by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program; such authorization or duration is hereby automatically extended for one additional fiscal year. The amount appropriated for such additional year shall not exceed the amount which the Congress could, under the terms of the law for which the appropriation is made, have appropriated for such program during such terminal year. " (b)(1) For the purposes of clause (A) of subsection (a), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. " (2) I n any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of an applicable program, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of subsection (a) which follows clause (B) thereof is in operation.". (3) Part B of such Act is further amended— (A) by redesignating section 417 as section 419, 20 USC 1227. (B) by striking out "section 400(c)" in such section 419, as redesignated by this paragraph, and inserting in lieu thereof "section 400(d)", and (C) by adding immediately after section 414, as added by para- supra. graph (2) of this subsection, the following: "Subpart 2—Planning and Evaluation of Federal Education Activities "PROGRAM PLANNING AND EVALUATION

"SEC. 416. Sums appropriated pursuant to section 400(d) may include for any fiscal year for which appropriations are otherwise

^„li^^ ^sei^'

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[88 STAT.

authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) planning for the succeeding year for any such program, and (2) evaluation of such programs. ((A N N U A L Transmittal to congressional committees. 20 USC 1226c.

Ante,

p. 4f

Ante,

p. 490.

"Educationally disadvantaged children."

EVALUATION REPORTS

"SEC. 417. (a)(1) Not later than November 1 of each year, the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate an annual evaluation report which evaluates the effectiveness of applicable programs in achieving their legislated purposes together with recommendations relating to such programs for the improvement of such programs which will result in greater effectiveness in achieving such purposes. I n the case of any evaluation report evaluating specific programs and projects, such report shall— " (A) set forth goals and specific objectives in qualitative and quantitative terms for all programs and projects assisted under the applicable program concerned and relate those goals and objectives to the purposes of such program; ^'(B) contain information on the progress being made during the previous fiscal year toward the achievement of such goals and objectives; (C) describe the cost and benefits of the applicable program being evaluated during the previous fiscal year and identify which sectors of the public receive the benefits of such program and bear the costs of such program; " (D) contain plans for implementing corrective action and recommendations for new or amended legislation where warranted; " (E) contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations in the report; and " (F) be prepared in concise summary form with necessary detailed data and appendices. "(2) In the case of programs and projects assisted under title I of the Elementary and Secondary Education Act of 1965, the report under this subsection shall include a survey of how many of the children counted under section 103(c) of such Act participate in such programs and projects, and how many of such children do not, and a survey of how many educationally disadvantaged children participate in such programs and projects, and how many educationally disadvantaged children do not. For purposes of the preceding sentence, the term 'educationally disadvantaged children' refers to children who are achieving one or more years behind the achievement expected at the appropriate grade level for such children. "(b) Each evaluation report submitted pursuant to subsection (a) shall contain: (1) a brief description of each contract or grant for evaluation of any program (whether or not such contract or grant was made under section 416) any part of the performance of which occurred during the preceding year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant. u RENEWAL EVALUATION

20 USC 1226d.

REPORTS

"SEC. 418. (a) I n the case of any applicable program for which"(1) the authorization of appropriations expires; or

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"(2) the time during which payments or grants are to be made expires; not later than one year prior to the date of such expiration, the Assistant Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a comprehensive evaluation report on such program. " (b) Any comprehensive evaluation report submitted pursuant to subsection (a) shall contain—• "(1) a history of the program concerned, including— " (A) a history of authorizations of appropriations, budget requests, appropriations, and expenditures for such programs; " (B) a history of legislative recommendations with respect to such program made by the President and the disposition of such recommendations, and " (C) a history of legislative changes made in applicable statutes with respect to such program; "(2) assuming a continuation of such program, recommendations for improvements (including legislative changes and funding levels) m such program with a view toward achieving the legislative purposes of such program; " (3) a compilation and summary of all evaluations of such program; and "(4) a recommendation with respect to whether such program should be continued, and the date of its expiration, and the reasons for such recommendation.", (b) The amendments made by subsection (a) of this section shall Effective date. become effective on the date of enactment of this Act. note. APPLICABILITY OF PART C

SEC. 507. (a) Section 421 of the General Education Provisions Act, and all references thereto, is redesignated as section 421A; and such Act is amended by inserting after the heading of part C of such Act the following new section:

^^ ^^^ ^2^^-

'APPLICABILITr

"SEC. 421. The provisions of this part shall apply to any program for which the Commissioner has administrative responsibility, as specified by law or by delegation of authority pursuant to law.". (b) The amendment made by subsection (a) shall be effective on and after July 1, 1974.

20 USC 1230.

^ ^ f " ^ '^^'^• ^ ^" " 20 USC 1230

note.

PUBLICATION OF INDEXED COMPILATION OF INNOVATIVE PROJECTS; REVIEW OP APPLICATIONS

SEC. 508. (a) Part C of the General Education Provisions Act is amended by redesignating sections 424 through 427 as sections 426 i23°iJ^^f23\^^^'^' through 429, respectively, and by inserting after section 423 the fol- 123if.' lowing new sections: " C O M P I L A T I O N O F ASSISTED INNOVATIVE PROJECTS

"SEC. 424. The Assistant Secretary shall publish annually a compila- ^° ^^^ i23ib-i. tion of all innovative projects assisted under programs administered in the Education Division, including title III and part C of title IV of the Elementary and Secondary Education Act of 1965, in any ^°^g^*^^'*^'

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[88 STAT,

year funds are used to carry out such programs. Such compilation shall be indexed according to subject, descriptive terms, and locations. " R E VI E W OF APPLICATION S 20 USC 1231b-2.

20 USC 236.

Appeal.

Records, ability.

Noncompliance.

Effective date. 20 USC 1231b-l note.

"SEC. 425. (a) I n the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Commissioner, and in the case of the program provided for in title I of the Elementary and Secondary Education Act of 1965, any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in (1) disapproving or failing to approve its application or program in whole or part, (2) failing to provide funds in amounts in accord with the requirements of laws and regulations, or (8) terminating further assistance for an approved program, may within thirty dsijs request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines, governing such applicable program it shall rescind such final action. "(b) Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under such subsection (a) may appeal such action to the Commissioner. An appeal under this subsection may be taken only if notice of such appeal is filed with the Commissioner within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a). If, on such appeal, the Commissioner determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Commissioner may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review. "(c) Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants. " (d) If any State educational agency fails or refuses to comply with any provision of this section, or with any ord^r of the Commissioner under subsection (b), the Commissioner shall forthwith terminate all assistance to the State educational agency under the applicable proi^ram affected.". (b) The amendments made by subsection (a) shall be effective on the date of enactment of this Act. AMENDMENTS TO SECTION 4 3 1 OF THE GENERAL EDUCATION PROVISIONS ACT RELATING TO RULES, REGULATIONS, AND OTHER REQUIREMENTS OF GENERAL A P P L I C A B I L I T Y

20 USC 1232.

SEC. 509. (a)(1) Section 431(b) of the General Education Provisions Act is amended by inserting " (1) " after " (b) " and by adding at the end thereof the following:

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PUBLIC LAW 93-380-AUG. 21, 1974

" (2)(A) During the thirty-day period prior to the date upon which such standard, rule, regulation, or general requirement is to be effective, the Commissioner shall, in accordance with the provisions of section 553 of title 5, United States Code, offer any interested party an opportunity to make comment upon, and take exception to, such standard, rule, regulation, or general requirement and shall reconsider any such standard, rule, regulation, or general requirement upon which comment is made or to which exception is taken. " (B) If the Commissioner determines that the thirty-day requirement in paragraph (1) will cause undue delay in the implementation of a regulation, thereby causing extreme hardship for the intended beneficiaries of an applicable program, he shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate. If neither committee disagrees with the determination of the Commissioner within 10 days after such notice, the Commissioner may waive such requirement with respect to such regulation.". (2) Section 431 of such Act is amended by adding at the end thereof the following new subsections: " (d)(1) Concurrently with the publication in the Federal Register of any standard, rule, regulation, or requirement of general applicability as required in subsection (b) of this section, such standard, rule, regulation, or requirement shall be transmitted to the Speaker of the House of Representatives and the President of the Senate. Such standard, rule, regulation, or requirement shall become effective not less than forty-five days after such transmission unless the Congress shall, by concurrent resolution, find that the standard, rule, regulation, or requirement is inconsistent with the Act from which it derives its authority, and disapprove such standard, rule, regulation, or requirement. "(2) The forty-five-day period specified in paragraph (1) shall be deemed to run without interruption except during periods when either House is in adjournment sine die, in adjournment subject to the call of the Chair, or in adjournment to a day certain for a period of more than four consecutive days. In any such period of adjournment, the forty-five days shall continue to run, but if such period of adjournment is thirty calendar days, or less, the forty-five-day period shall not be deemed to have elapsed earlier than ten days after the end of such adjournment. I n any period of adjournment which lasts more than thirty days, the forty-five-day period shall be deemed to have elapsed after thirty calendar days has elapsed, unless, during those thirty calendar days, either the Committee on Education and Labor of the House of Representatives, or the Committee on Labor and Public Welfare of the Senate, or both, shall have directed its chairman, in accordance with said committee's rules, and the rules of that House, to transmit to the appropriate department or agency head a formal statement of objection to the proposed standard, rule, regulation, or requirement. Such letter shall suspend the effective date of the standard, rule, regulation, or requirement until not less than twenty days after the end of such adjournment, during which the Congress may enact the concurrent resolution provided for in this subsection. In no event shall the standard, rule, regulation, or requirement go into effect until the forty-five-day period shall have elapsed, as provided for in this subsection, for both Houses of the Congress. "(e) Whenever a concurrent resolution of disapproval is enacted by the Congress under the provisions of this section, the agency which issued such standard, rule, regulation, or requirement may thereafter issue a modified standard, rule, regulation, or requirement to

Waiver.

Ante,

p. 566.

T r a n s m i t t a l to Speaker of the House and P r e s i dent of the Senate.

Effective date.

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[88 STAT.

govern the same or substantially identical circumstances, but shall, in publishing such modification in the Federal Register and submitting it to the Speaker of the House of Representatives and the President of the Senate, indicate how the modification differs from the proposed standard, rule, regulation, or requirement of general applicability earlier disapproved, and how the agency believes the modification disposes of the findings by the Congress in the concurrent resolution of disapproval. "(f) For the purposes of subsections (d) and (e) of this section, i22°ie"^^ ^^^^'^' activities under sections 404, 405, and 406 of this title, and under title Ante, p. 556. IX of the Education Amendments of 1972 shall be deemed to be appli20 USC 1681. cable programs. Schedule, sub^^ (g) Not later than sixty days after the enactment of any part of ^res^sionalTom- any Act affccting the administration of any applicable program, the mittees. Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a schedule in accordance with which the Commissioner has planned to promulgate rules, regulations, and guidelines implementing such Act or part of such Act. Such schedule shall provide that all such rules, regulations, and guidelines shall be promulgated within one hundred and eighty days after the submission of such schedule. Except as is provided in the following sentence, all such rules, regulations, and guidelines shall be promulgated in accordance with such schedule. If the Commissioner finds that, due to circumstances unf orseen. at the time of the submission of any such schedule, he cannot comply with a schedule submitted pursuant to this subsection, he shall notify such committees of such finding and submit a new schedule. If both such committees notify the Commissioner of their approval of such new schedule, such rules, regulations, and guidelines shall be promulgated in accordance with such new schedule.". 2 "use''123^2*^' 0^) The amendment made by paragraph (2) of subsection (a) shall note. be effective on the date of enactment of this Act and shall be effective with respect to the provisions of this Act. AUDITS A N D RECORDKEEPING

se^stal! 326!^' ^^c. 510. Section 434(a) of the General Education Provisions Act is 20 USC 1232c. amended to read as follows: "SEC. 434. (a)(1) Each recipient of Federal funds under any applicable program through any grant, subgrant, contract, subcontract, loan, or other arrangement entered into (other than by formal advertising) shall keep such records as the Assistant Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such funds are given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of five years after the completion of the project or undertaking to which reference is made in paragraph (1), have access, for the purpose of audit and examination, to any books, documents, papers, and records of such recipients which, in. the opinion of the Comptroller General, after consultation with the Assistant Secretary, may be related, or pertinent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements to which reference is made in paragraph (1).".

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PUBLIC LAW 93-380-AUG. 21, 1974 SIMPLIFIED

STATE

569

APPLICATION

SEC. 511. (a) Section 434 of the General Education Provisions Act 20 USC 1232c. is amended by striking out subsection (b) thereof and inserting in lieu thereof the following: "(b)(1)(A) I n the case of any State which applies, contracts, or submits a plan, for participation in any applicable program in which Federal funds are made available for assistance to local educational agencies through, or under the supervision of the State educational agency of that State, such State shall submit to, and maintain on file with, the Commissioner a general application meeting the requirements of this subsection. Such general application shall (i) provide for the submission by the State and approval by the Commissioner of an annual program plan with respect to the particular programs in which the State desires to participate and (ii) provide assurances— " (I) that the State will, through its State educational agency, provide for such methods of administration as are necessary for the proper and efficient administration of the programs to which the general application applies; " ( II) that the State will make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the States under any applicable program; " ( III) that the State will make provision for making such reports as the Commissioner may require to carry out his functions; " ( IV) that the State will follow such policies and use such methods and practices of administration as will insure that nonFederal funds wdll not be supplanted by Federal funds; and " (V) that the State will submit to, and have approved by, the Commissioner an annual program plan in accordance with subparagraph (B). " (B) The annual program plan submitted by any State for any fiscal ^i^""""*' program year with respect to any program to which this paragraph applies plan. shall— " (i) be prepared and administered in a manner consistent with specific State plan requirements of the appropriate applicable statutes affecting the program for which the annual program plan is applicable; "(ii) set forth a statement describing the purposes for which Federal funds will be expended during the fiscal year for which the annual program plan is submitted; and " (iii) comply in all other respects with the specific requirements of the appropriate applicable statutes. " (2) In accordance with determinations and regulations of the Commissioner, the requirements of paragraph (1) shall be in lieu of comparable requirements for State plans in applicable statutes authorizing appropriations for programs to which paragraph (1) applies. "(3) In the case of any application for assistance under any applicable program to which paragraph (1) does not apply and with respect to which the Commissioner determines that this section would simplify the administration of an applicable program, each such application shall be submitted to the Commissioner at such time, in such manner, and containing such information as the Commissioner shall prescribe by regiilation and, as a precondition for approval, shall— " (A) provide for such methods of administration as are necessary for the proper and efficient administration of the program or project for which application is made;

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[88 STAT.

" (B) make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under the application; and "(C) provide for making such reports as the Commissioner may require to carry out his functions. Noncompliance. "(c) Whenever the Commissioner, after reasonable notice and an opportunity for hearing, finds that there has been a failure, by any recipient or funds under any applicable program, to comply substantially with the terms to which such recipient has agreed in order to receive such funds, the Commissioner shall notify such recipient that further payments will not be made to such recipient under that program until he is satisfied that such recipient no longer fails to comply with such terms. Until the Commissioner is so satisfied, no further payments shall be made to such recipient. Pending the outcome of any termination proceeding initiated under this paragraph, the Commissioner may suspend payments to such recipient, after such recipient has been given reasonable notice and opportunity to show cause why such action should not be taken. J u d i c i a l review. " (d)(1) If any State has submitted an application for funds under any applicable program under which appropriations for such program are, by the applicable statute, allotted or apportioned among the States or under which the State (or local educational agencies in that State) is entitled to a portion of an appropriation therefor and the Commissioner disapproves such application, or if the Commissioner withholds payments to a State under paragraph (1) of subsection (c), that State shall be entitled to judicial review of the actions of the Commissioner in accordance with the provisions of this paragraph. "(2)(A) If any State, under circumstances qualifying for judicial review under this paragraph, desires judicial review of the Commission's action, such State may, within sixty days of such action, file with the United States Court of Appeals for the circuit in which such State is located a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based the action brought under this division, as provided in section 2112 of title 28, United States Code. " (B) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. " (C) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. 'Application. "(e) For the purposes of this section, the term 'application' includes— " (1) an application for a grant; " ^ 2) an offer to make a contract; "(3) a State plan for the administration of an applicable program;

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PUBLIC LAW 93-380-AUG. 21, 1974

571

"(4) State assurances with respect to the administration of such a program; and "(5) any other methods for seeking Federal funds from the Commissioner of Education j under which an agency, institution, organization, or other organized entity may become the recipient of Federal funds.". (b)(1) The amendments made by subsection (a) shall be effective ^o^usc'^i23:2c^" on and after July 1, 1974. note. (2) Nothing in the amendment made by subsection (a) shall be j^J^j° "^^ ^^^^'^ construed to affect the applicability of chapter 5 of title 5, United States Code, to the Office of Education or actions by the Commissioner, s use soo. FURNISHING INFORMATION

SEC. 512. (a) Part C of the General Education Provisions Act is further amended by adding at the end thereof the following new section: " R E S P O N S I B I L I T Y O F STATES TO FURNISH

INFORMATION

"SEC. 437. (a) The Commissioner shall require that each State sub,.

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mit to him, within sixty days after the end or any nscal year, a report 20 USC i232f. on the uses of Federal funds in that State under any applicable program for which the State is responsible for administration. Such report shall— "(1) list all grants and contracts made under such program to the local educational agencies and other public and private agen•^ies and institutions within such State during such year; "(2) include the total amount of funds available to the State under each such program for such fiscal year and specify from which appropriation Act or Acts these funds were available; "(3) with respect to the second preceding fiscal year, include a compilation of reports from local educational agencies and other public and private agencies and institutions within such State which sets forth the amount of such Federal funds received by each such agency and the purposes for which such funds were expended; "(4) with respect to such second preceding fiscal year, include a statistical report on the individuals served or affected by programs, projects, or activities assisted with such Federal funds; and " (5) be made readily available by the State to local educational agencies and other public and private agencies and institutions within thfe State, and to the public. " (b) On or before October 15 of each year, the Commissioner shall ^ n^f"? '"^^>:^^^ 1

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submit to the Committee on Labor and Public Welfare or the Senate data, submittal to and to the Committee on Education and Labor of the House of Rep- ^°"^i^^'°"^^ resentatives an analysis of these reports and a compilation of statistical data derived therefrom.". (b) The amendment made by subsection (a) shall be effective upon 20 USC'^1232/" enactment of this Act. note. PROTECTION o r THE RIGHTS AND PRIVACY OF PARENTS AND STUDENTS

SEC. 513. (a) Part C of the General Education Provisions Act is tio^n^aTR^igh?s"and further amended by adding at the end thereof the following new Privacy Act of section: 1^74. " PROTECTION O F THE R I G H T S A N D P R IV A C Y OF P A R E N T S A N D STUDENTS

"SEC. 438. (a)(1) No funds shall be made available under an;^ applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency

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[88 STAT.

offering a preschool program, or any other educational institution which has a policy of denying, or which effectively prevents, the parents of students attending any school of such agency, or attending such institution of higher education, community college, school, preschool, or other educational institution, the right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student's cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns. Where such records or data include information on more than one student, the parents of any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child. Each recipient shall establish appropriate procedures for the granting of a request by parents for access to their child's school records within a reasonable period of time, but in no case more than forty-five days after the request has been made. Hearing. a ^2) Parcuts Shall have an opportunity for a hearing to challenge the content of their child's school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein. refo/ds^^^arL ai "('^)(1) "^^ fuuds shall be made available under any applicable Ton's'ent'r^^'ilire- program to any State or local educational agency, any institution of •««"*• higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy of permitting the release of personally identifiable records or files (or personal information contained therein) of students without the written consent of their parents to any individual, agency, or organization, other than to the following— " (A) other school officials, including teachers within the educational institution or local educational agency who have legitimate educational interests; " (B) officials of other schools or school systems in which the student intends to enroll, upon condition that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record; " (C) authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, (iii) an administrative head of an education agency (as defined in section 409 of this Act), or (iv) State educational authorities, under the conditions set forth in paragraph (3) of this subsection; and " (D) in connection with a student's application for, or receipt of, financial aid. "(2) No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) unless—

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