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[80 STAT.

judgments entered on or after November 1, 1966, in the District of Columbia Court of General Sessions." (b) The table of sections for chapter 1 of title 15, District of Columbia Code, is amended by striking out— "15-132. Enforceable period of judgments—Effect of docketing in District Court— Domestic Relations Branch."

and inserting in lieu thereof— "15-132. Enforceable period of unrecorded judgments—Enforcement of judgments, etc., of the District of Columbia Court of General Sessions."

Ante, p. 264.

49 Stat. 384.

Ante, p. 1177.

Repeals. Ante, p. 264.

gj^^, 4 Section 15-310(b) of the District of Columbia Code is amended by striking out "may be levied on real estate" and inserting in lieu thereof the following: "may be levied on real estate, but only after such judgment has been filed and recorded in the office of the Recorder of Deeds of the District of Columbia". SEC. 5. Section 15-311 (b) of the District of Columbia Code is amended by striking out "debtor in land" and inserting in lieu thereof the following: "debtor in land, but only after such judgment has been filed and recorded in the office of the Recorder of Deeds of the District of Columbia". SEC. 6. Section 552 of the Act of March 3, 1901 (D.C. Code, sec. 45-708), is amended by inserting after the ninth paragraph the following paragraphs: "For filing and recording a certified copy of a judgment, decree, or entry or order of forfeiture of a recognizance, filed and recorded under gection 15-102(a) of the District of Columbia Code, $1.00. "For recording the release of a lien established by the recordation of a judgment, decree, or an entry or order of forfeiture of a recognizance under section 15-102(a) of the District of Columbia Code, SJ,^. 7. Sectlous 8, 9, and 10 of the Act of July 5, 1966 (Public Law 89-493), are repealed. SEC. 8. (a)(1) Except as otherwise provided in paragraph (2), the amendments made by sections 1, 2, and 3 of this Act shall apply only with respect to a judgment or decree rendered, or a recognizance declared forfeited, by the United States District Court for the District of Columbia or the District of Columbia Court of General Sessions on and after November 1, 1966. (2) A judgment or decree rendered, or an entry or order of forfeiture of a recognizance made, before November 1, 1966, by the District of Columbia Court of General Sessions which was not docketed in the office of the clerk of the United States District Court for the District of Columbia before such date may be filed and recorded in the office of the Recorder of Deeds of the District of Columbia on and after such date but not later than six years following the date such judgment or decree was rendered or entry or order made. (b) The amendments made by sections 4 and 5 of this Act shall apply only with respect to executions and writs of fieri facias issued on and after November 1, 1966. (c) The amendment made by section 6 of this Act shall take effect on and after November 1, 1966. (d) The amendment made by section 7 of this Act shall take effect on the date of the enactment of this Act. Approved November 2, 1966.

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1179

Public Law 89-746 AN ACT

November 2, 1966 PH R 1801Q1

To snithorlze the Set-retary of the Army to constnu-t au addition at the Walter '• Reed Army Medical Center, Washington, District of Columbia. Be !f enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- I nArmed Forces s t i t u t e of ing any other provision of law, the Secretary of the Army is authorized p'athoiogy, D. C to construct an addition to the existing Armed Forces Institute of Additional faPathology Building, located at Walter Reed A n n y Medical Center, t7on.^' Washington, District of Columbia, at a cost not to exceed $7,570,000, for the purpose of providing a facility for housing those functions which on the date of enactment of this Act are housed in the annex to the Armed Forces Institute of Pathology, located at Seventh Street and Indepeiulciice Avenue Southwest, Washington, District of Columbia. Approved November 2, 1966.

Public Law 89-747 AN ACT

To provide home leave for Federal seafaring personnel, and for other purposes. Be it enacted by the Senxzte and House of Representatives of the United States of America in Congress assembled, That title 5, United States Code, is amended as follows: (1) Section 6305 is amended by inserting the following new subsection at the end thereof: "(c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Civil Service Commission, at a rate not to exceed two days for each thirty calendar days of that service without regard to other leave provided by this subchapter. Leave so granted— "(1) accumulates for future use without regard to the limitation in section 6304(b) of this title; " (2^ may not be made the basis for a lump-sum payment; and " (3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Commission." (2) Section 6305 is further amended by amending the catchline to read as follows: "§ 6305. Home leave; leave for Chiefs of Missions; leave for crews of vessels'\ (3) The analysis of chapter 63 is amended by striking out the following item: "6305. Home leave; leave for Chiefs of Missions." and by inserting the following item in place thereof: "6305. Home leave; leave for Chiefs of Missions; leave for crews of vessels." Approved November 2, 1966.

November 2, 1966

[H. R. 18217]

Federal seafaring p e r s o n n e l.

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[80

STAT.

Public Law 89-748 November 2, 1966 [H. R. 18284]

Federal Reformatory, Chillicothe, Ohio. Relinquishment of jurisdiction.

AN ACT To authorize the Attorney General to adjust the legislative jurisdiction exercised by the United States over lands within the Federal Reformatory at Chillicothe, Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, notwithstanding any other provision of law, the Attorney General may, at such times as he may deem desirable, relinquish to the State of Ohio all, or such portion as he may deem desirable for relinquishment, of the jurisdiction heretofore acquired by the United States over any land within the Federal Reformatory, Chillicothe, Ohio, reserving to the United States such concurrent or partial jurisdiction as he may deem necessary. Relinquishment of jurisdiction under the authority of this Act may be made by filing with the Governor of the State of Ohio a notice of such relinquishment, which shall take effect upon acceptance thereof by the State of Ohio in such manner as its laws may prescribe. Approved November 2, 1966.

Public Law 89-749 November 3, 1966 [S.3008]

Comprehensive Health P l a n n i n g and P u b l i c Health Services Amendments of 1966.

AN ACT To amend the Public Health Service Act to promote and assist in the extension and improvement of comprehensive health planning and public health services, to provide for a more effective use of available Federal funds for such planning and services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the J United States of America in Congress assembled, That this Act may be cited as the "Comprehensive Health Planning and Public Health Services Amendments of 1966". F I N D I N G S A N D DECLARATION OF PURPOSE

SEC. 2. (a) The Congress declares that fulfillment of our national purpose depends on promoting and assuring the highest level of health attainable for every person, in an environment which contributes positively to healthful individual and family living; that attainment of this goal depends on an effective partnership, involving close intergovernmental collaboration, official and voluntary efforts, and participation of individuals and organizations; that Federal financial assistance must be directed to support the marshaling of all health resources— national. State, and local—to assure comprehensive health services of high quality for every person, but without interference with existing patterns of private professional practice of medicine, dentistry, and related healing arts. (b) To carry out such purpose, and recognizing the changing character of health problems, the Congress finds that comprehensive planning for health services, health manpower, and health facilities is

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essential at every level of government; that desirable administration requires strengthening the leadership and capacities of State health agencies; and that support of health services provided people in their communities should be broadened and made more flexible. GRANTS FOR C O M P R E H E N S IV E

HEALTH PLANNING SERVICES

AND PUBLIC

HEALTH

SEC. 3. Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: " G R A N T S FOR C O M P R E H E N S IV E H E A L T H P L A N N I N G A N D P U B L I C SERVICES

HEALTH

"Grants to States for Comprehensive State Health Planning "SEC. 314. (a)(1) AUTHORIZATION.—In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, State plans for comprehensive State health planning. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. "(2)

STATE PLANS FOR COMPREHENSIVE STATE HEALTH PLANNING.—

I n order to be approved for purposes of this subsection, a State plan for comprehensive State health planning must— " (A) designate, or provide for the establishment of, a single State agency, which may be an interdepartmental agency, as the sole agency for administering or supervising the administration of the State's health planning functions under the plan; " (B) provide for the establishment of a State health planning council, which shall include representatives of State and local agencies and nongovernmental organizations and groups concerned with health, and of consumers of health services, to advise such State agency in carrying out its functions under the plan, and a majority of the membership of such council shall consist of representatives of consumers of health services; " (C) set forth policies and procedures for the expenditure of funds under the plan, which, in the judgment of the Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; " (D) provide for encouraging cooperative efforts among governmental or nongovernmental agencies, organizations and groups concerned with health services, facilities, or manpower, and for cooperative efforts between such agencies, organizations, and

65-300 O - 67 - 77

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requirements.

PUBLIC LAW 89-749-NOV. 3, 1966

[80 STAT.

groups and similar agencies, organizations, and groups in the fields of education, welfare, and rehabilitation; " (E) contain or be supported by assurances satisfactory to the Surgeon General that the funds paid under this subsection will be used to supplement and, to the extent practicable, to increase the level of funds that would otherwise be made available by the State for the purpose of comprehensive health planning and not to supplant such non-Federal funds; " (F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Surgeon General to be necessary for the proper and efficient operation of the plan; "(Gr) provide that the State agency will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; " (H) provide that the State agency will from time to time, but not less often than annually, review its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; " (I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this subsection; and " (J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. " (3)(A) STATE ALLOTMENTS.—From the sums appropriated for such purpose for each fiscal year, the several States shall be entitled to allotments determined, in accordance with regulations, on the basis of the population and the per capita income of the respective States; except that no such allotment to any State for any fiscal year shall be less than 1 per centum of the sum appropriated for such fiscal year pursuant to paragraph (1). Any such allotment to a State for a fiscal year shall remam available for obligation by the State, in accordance with the provisions of this subsection and the State's plan approved thereunder, until the close of the succeeding fiscal year. " (B) The amount of any allotment to a State under subparagraph (A) for any fiscal year which the Surgeon General determines will not be required by the State, during the period for which it is available, for the purposes for which allotted shall be available for reallotment by the Surgeon General from time to time, on such date or dates as he may fix, to other States with respect to which such a determination has not been made, in proportion to the original allotments to such States

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under subparagraph (A) for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Surgeon General estimates such State needs and will be able to use during such period: and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State from funds appropriated pursuant to this subsection for a fiscal year shall be deemed part of its allotment under subparagraph (A) for such fiscal year. " (4) PAYMENTS TO STATES.—From each State's allotment for a fiscal year under this subsection, the State shall from time to time be paid the Federal share of the expenditures incurred during that year or the succeeding year pursuant to its State plan approved under this subsection. Such payments shall be made on the basis of estimates by the Surgeon General of the sums the State will need in order to perform the planning under its approved State plan under this subsection, but with such adjustments as may be necessary to take account of previously made underpayments or overpayments. The 'Federal share' for any State for purposes of this subsection shall be all, or such part as the Surgeon General may determine, of the cost of such planning. "Project Grants for Areawide Health Planning "(b) The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, to make, with the approval of the State agency administering or supervising the administration of the State plan approved under subsection (a), project grants to any other public or nonprofit private agency or organization to cover not to exceed 75 per centum of the costs of projects for developing (and from time to time revising) comprehensive regional, metropolitan area, or other local area plans for coordination of existing and planned health services, including the facilities and persons required for provision of such services; except that in the case of project grants made in any State prior to July 1, 1968, approval of such State agency shall be required only if such State has such a State plan in effect at the time of such grants. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. "Project Grants for Training, Studies, and Demonstrations "(c) The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to any public or nonprofit private agency, institution, or other organization to cover all or any part of the cost of projects for training, studies, or demonstrations looking toward the development of improved or more effective comprehensive health planning throughout the Nation.

1183

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[80 STAT.

For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. "Grants for Comprehensive Public Health Services " (d)(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. Standards.

« ^ 2) S T A T E PLANS FOR PROVISION OF PUBLIC HEALTH SERVICES.—In

order to be approved under this subsection, a State plan for provision of public health services must— " (A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; " (B) set forth the policies and procedures to be followed in the expenditure of the funds paid under this subsection; " (C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; " (D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); " (E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; " (F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Surgeon General to be necessary for the proper and efficient operation of the plan; " (G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof;

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••(H) provide that the 8tate Jiealrh authoi-Jty or, w iti) respect Recordkeeping to mental health services, the State mental healtli authority, will '"^''""^'"^"t^make such reports, in such form and containing- such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surj^eon General finds necessary to assure the correctness and verification of such reports; •'(1) provide for such fiscal control and fund accountino; procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and " (J) contain such additional information and assuraiices as the Surgeon General may find necessary to carry out the purposes of this subsection. "(3) STATE ALLOTMENTS.—From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State's allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. •'(4)(A) PAYMENTS TO STAJ-ES.—From each State's allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall \ye made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, excejjt that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. " (B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. "(5) FEDERAL SHARE.—The 'Federal share' for any State for pur- "^^^derai share." poses of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 381/^ per centum or more than 66% per centum, and except that the Federal share for the Commonwealth of Puerto JRico, Guam, American Samoa, and the Virgin Islands shall be 66% per centum. " (6) DETERMINATION OF FEDERAL SHARES.—The Federal shares shall be determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. "(7) ALLOCATION OF FUNDS WITHIN THE STATES.—At least 15 per centum of a State's allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services.

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PUBLIC LAW 89-749-NOV. 3, 1966

[80 STAT.

"Project Grants for Health Services Development "(e) There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). "Interchange of Personnel With States "state."

68 Stat. 7 36. 5 USC 209 1 note.

" (f)(1) For the purposes of this subsection, the term 'State' means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term 'Secretary' means (except when used in paragraph (3)(D)) the Secretary of Health, Education, and Welfare; and the term 'Department' means the Department of Health, Education, and Welfare. "(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. "(3)(A) Officers and employees in the Department assigned to any State pursuant to this suh^ection shall be considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. ' (B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. " (C) I n the case of persons so assigned and on leave without pay— "(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and ''(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— "(iii) to continuation of their insurance under the Federal Employees' Group Life Insurance Act of 1954, and coverage

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708. under the Federal Employees Health Benefits Act of 1959, so long 73uStat. 3001 note. 5 se as the Department continues to collect the employee's contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee's contributions and the Government's contribution from appropriations of the Department; and " (iv)(I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or ( II) in ^^ f ' ' ^^o^^ the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head 'Civil Service Retirement and Disability Fund') their service cTrf^^ooi?^"*". I

.

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.

I

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5 USC 2/67 note. 70 Stat. 736. 5 USC 2251 note.

during such period as service withm the meaning oi the Civil Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees' 68 Stat. 736. Group Life Insurance Act of 1954, based on service during an assign- 5 USC 2091 note. ment hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees' Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government's contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government's contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. " (D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees' Compensation Act, as though he 63^stft.^'854!^' were an employee, as defined in such Act, who had sustained such suse 751 note, injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. "(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-

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PUBLIC LAW 89-749-NOV. 3, 1966

[80 STAT.

meiit by the State for the coiupeiisHtion (or supplementrtrv coiiipeiisarion), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee dnrhig the period of assigimient, and any such reimbursement shall be credited to the appropriation utilized for payinj>- such compensation, travel or transportation expenses, or allowances. of\o^usThoid*^°" '^i^) Appropriations to the Department shall IMJ available, in acgoods. cordance with the standardized Government travel reg"ulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-vvithout-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal eHects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. "(6) Officers and employees of States who aiv assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned jnay be made without regard to the civil service laws. Pereons so appointed in the Depailment shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classitication Act of 1949, and shall not be considered to be officers oi' employees of the Service for the purposes of (A) the Civil Service 5°us*c*225\^ Ketirement Act, (B) the Federal Employees' Group Life Insurance 68 Stat. 736.° Act of 1954, or (C) unless their appointments result in the loss of 5 USC 2091 note, oovcrage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees rus*c*3ooTnote ^l^^^l^^h l^ciiefits Act of 1959. State officers and employees who are. assigned to the Department without appointment shall not be considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assigimient. The supervision of the duties of such persons during the assignment may be governed by agreement between the Secretary and the State involved. int^e°ei^t''tovi"(^) ^"^) "^^^^ State officcr or employee who is assigned to the Des^on^.^^piTcapartment without appointment shall nevertheless be subject to the wiity. provisions of sections 208, 205, 207, 208, and 209 of title 18 of the 76 Stat. 1121. United States Code. " (B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees" Com6 3^stat^*854^^' peusation Act, as though he were an employee, as defined in such Act, 5 USC 751 note, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. to^laris^oT^"^^^ "(^) ^^^ appropriations to the Department shall be available, in a°srignmen°t. accordance with the standardized Government travel regulations,

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PUBLIC LAW 89-749-NOV. 3, 1966

1189

during the period of assignment and in the case of travel to and from their places of assignment or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. "(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary, "General " (g)(1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. "(2) The Surgeon General, at the request of any recipient of a ^.Payment reducgrant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies furnished to such recipient and by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of an officer or employee to the recipient when such furnishing or such detail, as the case may be, is for the convenience of and at the request of such recipient and for the purpose of carrying out the State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall be available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. "(3) Whenever the Surgeon General, after reasonable notice and ce^sairorTof'^a"' opportunity for hearing to the health authority or, where appropri- ments, ate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— " (A) the applicable provisions of this section; " (B) the State plan submitted under such subsection; or " (C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. "(4) For the purposes of this section— " (A) The term 'nonprofit' as applied to any private agency, "Norprofit." institution, or organization means one which is a corporation or

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[80 STAT.

association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and " (B) The term 'State' includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term 'United States' means the fifty States and the District of Columbia."

"^'^*^-"

C O N T I N U A T I O N OF GRANTS TO SCHOOLS OF P U B L I C H E A L T H

74 Stat. 819. 42 USC 242g.

SEC. 4. Effective July 1, 1%7, section 309 of the Public Health Service Act is amended by adding after subsection (b) the following new subsection: "(c) There are also authorized to be appropriated $5,000,000 each for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants, under such terms and conditions as may be prescribed by regulations, for provision, in public or nonprofit private schools of public health accredited by a body or bodies recognized by the Surgeon General, of comprehensive professional training, specialized consultive services, and technical assistance in the fields of public health and in the administration of State or local public health programs, except that in allocating funds made available under this subsection among such schools of public health, the Surgeon General shall give primary consideration to the number of federally sponsored students attending each such school." C O N T I N U A T I O N OF AUTHORIZATION FOR T R A I N I N G OF P E R S O N N E L FOR STATE A N D LOCAL H E A L T H W O R K; COOPERATION B E T W E E N THE STATES

58 Stat. 69 3. 42 USC 243.

Ante,

p. 1181.

SEC. 5. (a) Effective July 1, 1966, section 311 of the Public Health Service Act is amended by inserting " (a) " after "311." and by adding at the end of such section the following new subsection: "(b) The Surgeon General shall encourage cooperative activities between the States with respect to comprehensive and continuing planning as to their current and future health needs, the establishment and maintenance of adequate public health services, and otherwise carrying out the purposes of section 314." (b) Effective July 1, 1967, section 311 of the Public Health Service Act is further amended by adding at the end of subsection (b) thereof the following new sentence: "The Surgeon General is also authorized to train personnel for State and local health work." EFFECTIVE DATE AND REPEALER

'75%^tf' 8 24 78 Stat.^'^447. ' 42 USC 247 a; 247c.

SEC. 6. The amendments made by section 3 shall become effective as of July 1, 1966, except that the provisions of section 314 of the Public Health Service Act as in effect prior to the enactment of this Act shall be effective until July 1, 1967, in lieu of the provisions of subsections (d) and (e), and the provisions of subsection (g) insofar as they relate to such subsections (d) and (e), of section 314 of the Public Health Service Act as amended by this Act. Effective July 1, 1967, sectlous 316 and 318 of the Public Sealth Service Act are repealed.

REORGANIZATION

Post, p. 1610.

PLAN

SEC. T. The provisions enacted by this Act shall be subject lo the provisions of Reorganization Plan Numbered 3 of 11)66. Approved November 3, 1966.

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1191

Public Law 89-750 AN ACT

November 3, 1966

To strengthen and improve programs of assistance for elementary and secondary schools, and for other purposes.

LH. R.13I61]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, That this Act may sefonda"'EL^'^ be cited as the "Elementary and Secondary Education Amendments tion Amendments of 1966".

°f 1966.

TITLE I—AMENDMENTS TO THE ELEMENTARY AND S E C O N D A E Y E D U C A T I O N ACT O F 1965 PART A—FINANCIAL ASSISTANCE TO EDUCATIONAL AGENCIES FOE THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES REVISION OF AUTHORIZATION

SEC. 101. Section 202 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress, as amended, is amended to read as follows:

^^ ^'|^" Jj^^^

"DURATION OF ASSISTANCE

"SEC. 202. The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for the period beginning July 1, 1965, and ending June 30, 1968." GRANTS W I T H

R E S P E C T TO CERTAIN INDIAN CHILDREN

SEC. 102. Section 203(a)(1) of such Act of September 30, 1950, is 20 USC 24ic. amended to read as follows: "SEC. 203. (a)(1)(A) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 207(a) (other than ^o use 24ig. payments under such section to jurisdictions excluded from the term 'State' by this subsection). The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants. I n addition he shall allot from such amount to the Secretary of the Interior the amount necessary to make payments pursuant to subparagraph (B) of this paragraph, and for the fiscal year ending June 30, 1967, the amount necessary to meet the special educational needs of educationally deprived children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. The maximum grant which a local educational agency in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be eligible to receive and the terms upon which payment shall be made to the Department of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. " (B) The terms on which payment shall be made to the Department of the Interior shall include provision for payments by the Secretary of the Interior to local educational agencies with respect to out-of-State Indian children in the elementary or secondary schools of such agencies under special contracts with that Department. The amount of any such payment may not exceed, for each such child,

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[80 STAT.

one-half the average per pupil expenditure in the State in which the agency is located. P A Y M E N T S TO STATE EDUCATIONAL EDUCATING MIGRATORY CHILDREN WORKERS

20 ulc^2^4ic^^^*

Posf, p. 1198.

20 USC 24le.

79 Stat. 977. 42 USC 2861 Post, p. 1196. 20 USC 24 If,

AGENCIES FOR ASSISTANCE IN OF MIGRATORY AGRICULTURAL

^^^- 1^^- (^) Section 203(a) of such Act of September 30, 1950, is amended by inserting after paragraph (5) the following new paragraph: "(6) A State educational agency which has submitted and had approved an application under section 205(c) for any fiscal year shall be entitled to receive a grant for that year under this title for establishing or improviixg programs for migratory children of migratory agricultural workers. The maximum total of grants which shall be available for use in any State for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in the United States multiplied by (A) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (B) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations. For purposes of this paragraph, the 'average per pupil expenditure' in the United States shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies (as defined in section 303(6)(A)) in the United States (including only the fifty States and the District of Columbia), plus any direct current expenditures by States for operation of local educational agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year." (jj) Section 205 of such Act is amended by adding the following new subsection at the end thereof: " (c)(1) A State educational agency or a combination of such agencies may apply for a grant for any fiscal year under this title to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers. The Commissioner may approve such an application only upon his determination— " (A) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; " (B) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under part B of title III of the Economic Opportunity Act of 1964; and " (C) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1)(B) and (2) through (8) of subsection (a), and of section 206(a). The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable

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PUBLIC LAW 89-750-NOV. 3, 1966

notice and opportunity for a hearing to the State educational agency. "(2) If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this subsection in one or more States, and for this purpose he may set aside on an equitable basis and use all or part of the maximum total of grants available for such State or States." (c)(1) The portion of section 206(a) of such Act which precedes clause (1) is amended by striking out "participate in the program of this title" and inserting in lieu thereof "participate under this title (except with respect to the program described in section 205(c) relating to migratory children of migratory agricultural workers)". (2) The first sentence of section 207(a)(1) of such Act is amended by inserting "it and" after "the amount which". (3) Section 210 of such Act is amended by striking out "section 206(b)" and inserting in lieu thereof "section 205(c) or 206(b)". (4) Section 211(a) of such Act is amended by striking out "section 206(a)" and inserting in lieu thereof "section 205(c) or 206(a)".

1193

79 Stat. 31. 20 USC 24 If. Ante, p. 1192.

^o use 24ig, 20 USC 24ij. ^o use 241k.

PAYMENTS ON ACCOUNT OF NEGLECTED OR DELINQUENT CHILDREN

SEC. 104. (a) The first sentence of section 203(a)(2) of such Act of September 30, 1950, is amended by striking out all that follows "multiplied by" and substituting: "the number of children in the school district of such agency who are aged five to seventeen, inclusive, and are (A) in families having an annual income of less than the lowincome factor (established pursuant to subsection (c)), (B) in families receiving an annual income in excess of the low-income factor (established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, or (C) living in institutions for neglected or delinquent children but not counted pursuant to paragraph (5) of this subsection for the purpose of a grant to a State agency, or being supported in foster homes with public funds." (b) The second sentence of such section 203(a)(2) is amended by striking out "the number of children of such ages and families in such county or counties" and inserting in lieu thereof "the number of children of such ages in such county or counties who are described in clause (A), (B), or (C) of the previous sentence,". (c) Subsection (b) of section 203 of such Act is amended by— (1) striking out, in the part which precedes paragraph (1), all that follows after "children aged five to seventeen, inclusive," and inserting in lieu thereof "described in clauses (A), (B), and (C) of the first sentence of paragraph (2) of subsection (a):". (2) striking out in paragraph (1) "the number of such children of such families" each time that it appears and substituting "the number of such children"; (3) striking out in paragraph (2) "the number of children of such ages of families with such income" and substituting "the number of such children"; and (4) striking out in paragraph (3) "the number of children of such ages of families of such income" and substituting "the number of such children". (d) The third sentence of subsection (d) of such section 203 is amended by inserting ", and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds," before "on the basis of".

20 USC 241c.

Post, p. 1194.

49 st^at. 627. 42 'u"s" ""' ' " e 601.

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PUBLIC LAW 89-750-NOV. 3, 1966

[80 STAT.

(e) Section 203(a) of such Act is further amended by inserting after paragraph (6) as added by this Act an additional paragraph as follows: " (7) I n the case of a State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children, the maximum grant which that agency shall be eligible to receive under this title for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that State agency, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this title only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children." ELIGIBILITY FOR GRANTS; CLARIFYING DEFINITION OF "AVERAGE PER PUPIL EXPENDITURE" I N A STATE

20 vTc 24lc

79 Stat. 1161.

Post, p. 1198.

• ^^^' ^^^' (^) (^) Section 203(b)(1) of such Act is amended by striking out all that follows "shall be" and inserting in lieu thereof "at least ten." (2) Section 203(b)(2) of such Act is amended by striking out "shall be one hundred or more" and inserting in lieu thereof "shall be at least ten". (b)(1) Paragraph (2) of section 203(a) of such Act is amended by inserting "or, if greater, in the United States (which for purposes of this and the last sentence of this paragraph means the fifty States and the District of Columbia)," after "average per pupil expenditure in that State". ^2) Paragraph (5) of section 203(a) of such Act is amended by inserting "or, if greater, in the United States (which for purposes of this sentence means the fifty States and the District of Columbia," after "in that State". (3) The amendments made by this subsection shall be effective with respect to fiscal years beginning after June 30, 1967. (c) The last sentence of section 203(a)(2) of such Act is amended to read as follows: "For purposes of this subsection, the 'average per pupil expenditure' in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303(6)(A) in the State, or in the United States, as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year." RAISING THE LOW-INCOME FACTOR AFTER JUNE 30, 1967

SEC. 106. Section 203(c) of such Act of September 30, 1950, is amended to read as follows: " (c) For the purposes of this section, the 'Federal percentage' shall be 50 per centum and the 'low-income factor' shall be $2,000 for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967. For the fiscal year ending June 30, 1968, they shall be 50 per centum and $3,000, respectively."

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1195

USING MOST RECENT xVlD-FOR-DEPENDENT-CHILDREN DATA AVAILABLE AFTER J U N E 30, 1966

SEC. 107. Effective with respect to fiscal years beginning after June 30, 1966, the third sentence (as amended by section 104 of this Act) of section 203(d) of such Act of September 30, 1950, is further amended to read as follows: "The Secretary of Health, Education, and Welfare shall determine the number of children of such ages from families receiving an annual income in excess of the low-income factor from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the latest calendar or fiscal year data, whichever is later."

^^ ^*^!,- ^^^-^

^^ ^^^ ^^'^'

REPEALING PROVISION FOR SPECIAL INCENTIVE GRANTS

SEC. 108. (a) Title II of such Act of September 30, 1950, is amended by striking out section 204. (b) Such title II is further amended by— (1) striking out "basic grant", " B A S I C G R A N T S " and "basic grants" each time they occur and inserting in lieu thereof "grant", " G R A N T S " or "grants", as the case may be; (2) striking out "or a special incentive grant" in the portion of section 205(a) which precedes clause (1); and (3) striking out in section 207(a)(2) the portion which follows the comma and inserting in lieu thereof "except that this amount shall not exceed the maximum amount determined for that agency pursuant to section 203." TREATMENT OF INCOME OF EMPLOYEES RECEIVING AID FOR DEPENDENT CHILDREN

SEC. 109. The following new section is added immediately after section 212 of such Act: "TREATMENT

OF

EARNINGS

FOR

PURPOSES

OF

AID TO FAMILIES

WITH

DEPENDENT CHILDREN

"SEC. 213. (a) Notwithstanding the provisions of title IV of the Social Security Act, a State plan approved under section 402 of such Act shall provide that for a period of not less than twelve months, and may provide that for a period of not more than twenty-four months, the first $85 earned by any person in any month for services rendered to any program assisted under this title of this Act shall not be regarded (A) in determining the need of such person under such approved State plan or (B) in determining the need of any other individual under such approved State plan. " (b) Notwithstanding the provisions of subsection (a) of this section, no funds to which a State is otherwise entitled under title IV of the Social Security Act for any period before the fourth month after the adjournment of the State's first regular legislative session which adjourns more than sixty days after enactment of the Elementary and Secondary Education Amendments of 1966, shall be withheld by reason of any action taken pursuant to a State statute which prevents such State from complying with the requirements of subsection (a) of this section."

20 USC 24 id.

^° "^"^ ^'^^^' ^o use 24ig.

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PUBLIC LAW 89-750-NOV. 3, 1966 PROVIDING

II vie 2^?ie

T H A T A PROGRAM OR A P R O J E C T M U S T BE CERTAIN MINIMUM SIZE TO BE APPROVED

[80 STAT. At

LEAST

A

^^^' 1^^- Section 205(a)(1)(B) of such Act of September 30, 1950, is amended by striking out the comma after "needs" and inserting in lieu thereof the following: "and to this end involve an expenditure of not less than $2,500, except that the State educational agency may with respect to any applicant reduce the $2,500 requirement if it determines that it would be impossible, for reasons such as distance or difficulty of travel, for the applicant to join effectively with other local educational agencies for the purpose of meeting the requirement;". USES OF GRANTED F U N D S A N D COORDINATION W I T H OTHER PROGRAMS

20 USC 241c.

79 Stat. 57. 20 USC 883.

SEC. 111. (a) Section 205(a)(1) of such Act of September 30, 1950, is amended by striking out "(including the acquisition of equipment and where necessary the construction of school facilities)" and inserting in lieu thereof the following: "(including the acquisition of equipment, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities)". (b) Section 205(a)(1) of such Act is further amended by inserting before the semicolon at the end thereof the following: ": Provided, That the amount used for plans for any fiscal year shall not exceed 1 per centum of the maximum amount determined for that agency for that year pursuant to section 203 or $2,000, whichever is greater". (c) Section 205(a) of such Act of September 30, 1950, is amended by renumbering paragraphs (5), (6), (7), and (8) as (6), (7), (8), and (9), respectively, and by inserting after paragraph (4) the following new paragraph: "(5) in the case of an application for payments for planning, (A) that the planning was or will be directly related to programs or projects to be carried out under this title and has resulted, or is reasonably likely to result, in a program or project which will be carried out under this title, and (B) that planning funds are needed because of the innovative nature of the program or project or because the local educational agency lacks the resources necessary to plan adequately for programs and projects to be carried out under this title;". (d) Such redesignated paragraph (8) of such section is amended to read as follows: "(8) in the case of a project for the construction of school facilities, that, in developing plans for such facilities due consideration has been given to compliance with such standards as the Secretary may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this title shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons;". (e) Section 205(a) of such Act is further amended by striking out the period at the end of the last paragraph, and adding at the end thereof the following new paragraph: "(10) in the case of a project for the construction of school facilities, that, in developing plans for such facilities, due consideration has been given to excellence of architecture and design, and to the inclusion of works of art (not representing more than 1 per centum of the cost of the project)." (f) Title VII of the Elementary and Secondary Education Act of 1965 (as redesignated by section 161 of this Act) is amended by inserting at the end of section 703 a new subsection as follows: "(c) I n administering the provisions of this Act and any Act amended by this Act, the Commissioner shall consult with other Fed-

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1197

eral departments and agencies administering programs which may be effectively coordinated with programs carried out pursuant to such Acts, and to the extent practicable for the purposes of such Acts shall (1) coordinate such programs on the Federal level with the programs being a(Jministered by such other departments and agencies, and (2) require that effective procedures be adopted by State and local authorities to coordinate the development and operation of programs and projects carried out under such Acts with other public ana private programs having the same or similar purposes, including community action programs under title II of the Economic Opportunity Act of 1964."

78 Stat. 516. 42 USC 2781.

C O M P U T I N G A M O U N T OF P A Y M E N T S FOR STATE ADMINISTRATIVE E X P E N S E S

SEC. 112. Clause (1) of section 207(b) of such Act of September 30, 1950, is amended to read as follows: "(1) 1 per centum of the total maximum grants for State and local educational agencies of the State as determined for that year pursuant to sections 203 and 208, or". PROVISIONS TO E N C O U R A G E

LOCAL

79 Stat. 1162. 20 USC 24 Ig.

EFFORT

SEC. 113. (a) Section 207(c)(2) of such Act of September 30, 1950, i? amended by striking out "for the fiscal year ending June 30, 1964" and inserting in lieu thereof "for the second preceding fiscal year". (b) Section 203(a)(3) of such Act is amended by striking out "1966" and inserting in lieu thereof "1967" and by striking out "30 per centum" both times it appears and inserting in lieu thereof "50 per centum".

^^ Stat. 32. 20 USC 241c.

C O N T I N U I N G A N D REVISING PROVISION FOR ADJUSTMENTS W H E R E NECESSITATED BY APPROPRIATIONS

SEC. 114. (a) Section 208 of such Act of September 30, 1950, is amended by striking out "for the fiscal year ending June 30, 1966," and inserting in lieu thereof "for any fiscal year". (b) Such section 208 is further amended by adding at the end thereof the following: " I n order to permit reductions made pursuant to this section for any fiscal year to be offset at least in part, the Commissioner may set dates by which (1) State educational agencies must certify to him the amounts for which the applications of educational agencies have been or will be approved by the State, and (2) State educational agencies referred to m section 203(a)(6) must file applications. The excess of (1) the total of the amounts of the maximum grants computed for all educational agencies of any State under section 203, as ratably reduced under this section, over (2) the total of the amounts for which applications of agencies of that State referred to in clauses (1) and (2) of the preceding sentence are approved shall be available, in accordance with regulations, first to educational agencies in that State and then to educational agencies in other States to offset proportionately ratable reductions made under this section."

20 USC 24ih.

Ante, p. 1192,

REVISION I N N A T I O N A L ADVISORY C O U N C I L REPORTING

SEC. 115. Section 212(c) of such Act of September 30, 1950, is amended to read as follows: "(c) The Council shall make an annual report of its findings and recommendations (including recommendations for changes in the provisions of this title) to the President and the Congress not later than January 31 of each calendar year beginning after the enactment of this 65-300 O - 67 - 78

20 USC 24iz.

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[80 STAT.

title. The President is requested to transmit to the Congress such comments and recommendations as he may have with respect to such report." SHORT TITLE FOR TITLE II OF PUBLIC LAW 8 7 4, EIGHTY-FIRST CONGRESS

24u-^A^tl^i^' 1195' '

SEC- 116. Title II of such Act of September 30, 1950 (as amended by this Act), is further amended by inserting at the end thereof an additional section as follows: " S H O R TITLE

"SEC. 214. This title may be cited as 'Title I of the Elementary and Secondary Education Act of 1965'." DEFINITIONS

Broadening definition of "local educational agency" y/staL^'as!'"^' 20 USC 244. ^2o^usc 236-

241-1,

20 us^c 241 24le. ""'

79 Stat. 1161.

. SEC. 117. (a)(1) Section 303(6) of such Act of September 30, 1950, is amended to read as follows: «(g) ( ^) YoT purposes of title I, the term 'local educational agency' means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education. " (B) For purposes of title II, the term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school, and it also includes (except for purposes of sections 203(a)(2), 203(b), and 205 (^) (1)) ^^y State agency which is directly responsible for providing free public education for liandicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education) or for children in institutions for neglected or delinquent children." (2) The first sentence of section 203(a)(5) of such Act is amended by striking out ", on a non-school-district basis,". (3) Section 203(a)(3) of such Act is amended by inserting " (A) " after " (3) " and by inserting at the end thereof a new subparagraph as follows: " (B) In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of cnildren who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the maximum grants for those agencies among them in such manner as it determines will best carry out the purposes of this title."

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Providing for a more precise definition of "current expenditures" (b) Section 303(5) of such Act is amended to read as follows: y/stat^^as^^"^' "(5) The term 'current expenditures' means expenditures for free 20 USC 244. public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under title II of this Act or title II or III of the Elementary and Secondary ^o usl^ 2^4^iaEducation Act of 1965." 241/; Ante, p ^ 1195, 1198. P A R T B — S C H O O L L I B R A R Y E E S O U R C E S, TEXTBOOKS, AND OTHER INSTRUCTIONAL MATERIALS

20 USC 8 21-8 48.

APPROPRIATIONS AUTHORIZED

SEC. 121. Section 201(b) of the Elementary and Secondary Education Act of 1965 (Public Law 89-10) is amended to read as follows: " (b) For the purpose of making grants under this title, there are hereby authorized to be appropriated the sum of $100,000,000 for the fiscal year ending June 30, 1966, $125,000,000 for the fiscal year ending June 30, 1967, and $150,000,000 for the fiscal year ending June 30, 1968; but for the fiscal year ending June 30, 1969, and the succeeding fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law."

20 USC 8 21.

REVISION I N AUTHORIZATION rOR TITLE II, AND PROVISION FOR INDIAN CHILDREN INTERIOR

IN

SCHOOLS

OPERATED

BY THE DEPARTMENT

OF THE

SEC. 122. Section 202(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "SEC. 202. (a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 201(b). The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. I n addition, for the fiscal year ending June 30, 1967, he shall allot from such amount to (A) the Secretary of the Interior the amount necessary for such assistance for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. " (2) From the sums appropriated for carrying out this title for any fiscal year pursuant to section 201(b), the Commissioner shall allot to each State an amount which bears the same ratio to the total of such sums as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner on the basis of the most recent satisfactory data available to

20 USC 8 22.

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[80 STAT.

him. For purposes of this subsection, the term 'State' shall not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands." ADMINISTRATIVE

20 Vic 82 3,

20 USC 822,

Ante, p. 313.

E X P E N S E S A N D IMPROVED

COORDINATION

SEC. 123. Section 203(a) of the Elementary and Secondary Educa^^^^ -"^^^ ^^ ^^^^ ^^ amended to read as follows through the end of clause (3) of such section: "SEC. 203. (a) Any State which desires to receive grants under this title shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which— "(1) designates a State agency which shall, either directly or through arrangements w4th other State or local public agencies, act as the sole agency for administration of the State plan; " (2) sets forth a program under which funds paid to the State from its allotment under section 202 will be expended solely for (A) acquisition of library resources (which for the purposes of this title means books, periodicals, documents, audiovisual materials, and other related library materials), textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools in the State, and (B) administration of the State plan, including (i) the development and revision of standards relating to library resources, textbooks, and other printed and published instructional materials furnished for the use of children and teachers in the public elementary and secondary schools of the State, and (ii) the distribution and control by a local educational agency of such library resources, textbooks, and other instructional materials in carrying out such State plan for the use of children and teachers in schools referred to in clause (A), except that the amount used for administration of the State plan for any fiscal year shall not exceed an amount equal to 5 per centum of the amount paid to the State under this title for that year or $50,000, whichever is greater; "(3) sets forth the criteria to be used in allocating library resources, textbooks, and other printed and published instructional materials provided under this title among the children and teachers of the State, which criteria shall— " (A) take into consideration the relative need, as determined from time to time, of the children and teachers of the State for such library resources, textbooks, or other instructional materials, " (B) provide assurance that to the extent consistent with law such library resources, textbooks, and other instructional materials will be provided on an equitable basis for the use of children and teachers in private elementary and secondary schools in the State which comply with the compulsory attendance laws of the State or are otherwise recognized by it through some procedure customarily used in the State, and " (C) provide assurance that, in order to secure the effective and efficient use of Federal funds, there will be appropriate coordination at both State and local levels between the program carried out under this title with respect to library resources and the program (if any) carried out under the Library Services and Construction Act (20 U.S.C. ch. 16);".

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1201

PART C—SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES APPROPRIATIONS AUTHORIZED

SEC. 131. Section 301(b) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ^^ Stat. 39. " (b) For the purpose of making grants under this title, there is ^° ^^^ ^'^^° hereby authorized to be appropriated the sum of $100,000,000 for the fiscal year ending June 30, 1966, $175,000,000 for the fiscal year ending June 30, 1967, and $500,000,000 for the fiscal year ending June 30, 1968; but for the fiscal year ending June 30, 1969, and the succeeding fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law." REVISION I N AUTHORIZATION FOR TITLE III, A N D PROVISION FOR I N D I A N C H I L D R E N I N SCHOOLS OPERATED BY THE DEPARTMENT OF THE INTERIOR

SEC. 132. Section 302(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "SEC. 302. (a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for grants under this title. The Commissioner shall apportion the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. I n addition, for the fiscal year ending June 30, 1967, he shall apportion from such amount to (A) the Secretary of the Interior the amount necessary for such assistance for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. "(2) From the sums appropriated for carrying out this title for any fiscal year pursuant to section 301(b), the Commissioner shall apportion $200,000 to each State and shall apportion the remainder of such sums among the States as follows: " (A) H e shall apportion to each State an amount which bears the same ratio to 50 per centum of such remainder as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States, and " (B) H e shall apportion to each State an amount which bears the same ratio to 50 per centum of such remainder as the population of the State bears to the population of all the States. For the purposes of this subsection, the term 'State' does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands."

^° ^^^ ^'^^'

PROVISIONS W I T H RESPECT TO F A C I L I T I E S CONSTRUCTED U N D E R TITLE III

SEC. 133. Section 304(a)(4) of the Elementary and Secondary Education Act of 1965 is amended by striking out "and (C) " and inRerting in lieu thereof the following: " (C) that, in developing plans

20 USC 844.

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[80 STAT.

for such facilities, due consideration will be given to excellence of architecture and design, and to the inclusion of works of art (not representing more than one per centum of the cost of the project), and there will be compliance with such standards as the Secretary may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this title shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons, and (D) ". SPECIAL CONSIDERATION FOR LOCAL EDUCATIONAL AGENCIES ARE F I N A N C I A L L Y OVERBURDENED

20 us^c "^i"

WHICH

^^^' ^^^' ^^c^io^^ ^^^ of ^^^^ ^^^ is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c) I n approving applications under this title for grants for any liscal year beginning after June 30, 1967, the Commissioner must give special consideration to the application of any local educational agency which is making a reasonable tax effort but which is nevertheless unable to meet critical educational needs, including preschool education for four and five year olds, because some or all of its schools are seriously overcrowded (as a result of growth or shifts in enrollment or otherwise), obsolete, or unsafe." PART D—COOPERATIVE RESEARCH ACT AMENDMENTS PERMITTING THE RESEARCH TRAINING PROGRAM TO BE CARRIED OUT THROUGH CONTRACTS AS WELL AS GRANTS

79 Stat. 44.

20 USC 863.

SEC. 141. Section 2(b) of the Cooperative Research Act (20 U.S.C. 331a) is amended to read as follows: " (b)(1) The Commissioner is authorized to make grants to universities and colleges and other public or private agencies, institutions, and organizations to assist them in providing training in research in the field of education (including such research described in section 603(a)(4) of the Elementary and Secondary Education Act of 1965), including the development and strengthening of training staff and curricular capability for such training, and, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), to provide by contracts or jointly financed cooperative arrangements with them for the conduct of such activities; except that no such grant may be made to a private agency, organization, or institution other than a nonprofit one. " (2) Funds available to the Commissioner for grants or contracts or jointly financed cooperative arrangements under this subsection may, when so authorized by the Commissioner, also be used by the recipient (A) in establishing and maintaining research traineeships, internships, personnel exchanges, and pre- and post-doctoral fellowships, and for stipends and allowances (including traveling and subsistence expenses) for fellows and others undergoing training and their dependents not in excess of such maximum amounts as may be prescribed by the Commissioner, or (B) where the recipient is a State educational agency, in providing for such traineeships, internships, personnel exchanges, and fellowships either directly or through arrangements with public or other nonprofit institutions or organizations. " (3) No grant shall be made or contract or jointly financed cooperative arrangement entered into under this subsection for training in

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1203

sectarian instruction, or for work to be done in an institution, or a department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects. "(4) Prior to January 31, 1968, the Commissioner shall make a co^^^"*^*'° complete report to the Congress with respect to contracts and other arrangements made pursuant to this subsection with private organizations, including benefits received from such contracts and arrangements, and the Commissioner's recommendations with respect to me continuation of the authority to make such contracts and arrangements with private organizations. CONSOLIDATING RESEARCH AUTHORITY UNDER SECTION 2

SEC. 142. Section 4(b) of the Cooperative Research Act is amended by striking out the second sentence thereof.

^^ ^^^ ^e^^

AMENDING THE DEFINITION OF "CONSTRUCTION" TO INCLUDE THE ACQUISITION OF EXISTING BUILDINGS

SEC. 143. Section 5(4) of the Cooperative Research Act is amended to read as follows: "(4) The terms 'construction' and 'cost of construction' include (A) the construction of new buildings, and the acquisition, expansion, remodeling, replacement, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land (except in the case of acquisition of an existing building) or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not acquired, expanded, remodeled, or altered."

^° ^^^ ^^^^'

PART E — G R A N T S TO STRENGTHEN STATE DEPARTMENTS OF EDUCATION APPROPRIATIONS AUTHORIZED

SEC. 151. Section 501(b) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $25,000,000 for the fiscal year ending June 30, 1966, J|>30,000,000 for the fiscal year ending June 30, 1967, and $50,000,000 for the fiscal year ending June 30, 1968."

^ ^^^^ ^^-^

ELIMINATION OF MATCHING REQUIREMENT

SEC. 152. (a) Section 503 of the Elementary and Secondary Education Act of 1965 is amended by striking out " (a) " where it appears after "Sec. 503.", by striking out "Federal share of", and by striking out subsection (b) of such section. (b) Section 303(b)(3) of such Act is amended by striking out "503(a)(4) " and inserting in lieu thereof "503(4)". (c) Section 502(b) of such Act is amended by striking out "Federal share (as defined in section 503(b)) of the" and by striking out the last sentence of paragraph (2) thereof. (d) Section 504 of such Act is amended by striking out "section 503(a)" both times it appears and inserting in lieu thereof "section 503".

20 USC 863.

20 USC 843.

^° ^^^ ^^^' 20 USC 864.

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PUBLIC LAW 89-750-NOV. 3, 1966

[80 STAT.

TECHNICAL AMENDMENT REGARDING INTERCHANGE OF PERSONNEL WITH STATES 79 Stat. 51. 20 USC 867.

S E C 153. Effective as of April 11, 1965, section 507(c)(3)(D) of the Elementary and Secondary Education Act of 1965 is amended by inserting ", and for retention and leave accrual purposes," after "toward periodic or longevity step increases". DEMONSTRATION PROJECTS TO INSURE CONTINUITY OF HEADSTART PROGRAMS

20 USC 863.

SEC. 154. Section 503 of the Elementary and Secondary Education Act of 1965 is amended by striking out "and" at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and", and by adding at the end thereof the following: "(11) evaluation and demonstration projects to insure that benefits obtained by children in Headstart and other preschool programs are not lost during their early elementary school years, but are instead enhanced so as to provide continuity in and accelerated development of the child's learning, academic and other social achievements." PART F—HANDICAPPED CHILDREN PROGRAMS A U T H O R I Z E D

SEC. 161. The Elementary and Secondary Education Act of 1965 is 20 USC 881-885. amended by redesignating title VI as title VII, by redesignating sections 601 through 605 and references thereto as sections fOl through 705, respectively, and by adding after title V the following new title: "TITLE VI—EDUCATION OF HANDICAPPED CHILDREN "APPROPRIATIONS AUTHORIZED

"SEC. 601. (a) The Commissioner is authorized to make grants pursuant to the provisions of this title during the fiscal year ending June 30, 1967, and the succeeding fiscal year, for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) for the education of handicapped children (as defined in section 602) at the preschool, elementary and secondary school levels. ' (b) For the purpose of making grants under this title there is authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1967, and $150,000,000 for the fiscal year ending June 30, 1968. "DEFINITION OF 'HANDICAPPED CHILDREN'

"SEC. 602. As used in this title, the term 'handicapped children' includes mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education and related services.

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PUBLIC LAW 89-750-NOV. 3, 1966 "ALLOTMENT OF FUNDS

"SEC. 603. (a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 601(b). The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. "(2) From the total amount appropriated pursuant to section 601(b) for any fiscal year the Commissioner shall allot to each State an amount which bears the same ratio to such amount as the number of children aged three to twenty-one, inclusive, in the State bears to the number or such children in all the States. For purposes of this subsection, the term 'State' shall not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands. " (b) The number of children aged three to twenty-one, inclusive, in any State and in all the States shall be determined, for purposes of this section, by the Commissioner on the basis of the most recent satisfactory data available to him. "(c) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment, from time to time and on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total, of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for that year. "STATE PLANS

"SEC. 604. Any State which desires to receive grants under this title shall submit to the Commissioner through its State educational agency a State plan in such detail as the Commissioner deems necessary. The Commissioner shall not approve a State plan or a modification of a State plan under this title unless the plan meets the following requirements: " (a) The plan must provide satisfactory assurance that funds paid to the State under this title will be expended, either directly or through local educational agencies, solely to initiate, expand, or improve programs and projects, including preschool programs and projects, (A) which are designed to meet the special educational and related needs of handicapped children throughout the State, (B) which are of sufficient size, scope, and quality (taking into consideration the special educational needs of such children) as to give reasonable promise of substantial progress toward meeting those needs, and (C) which may include the acquisition of equipment and where necessary the construction of school facilities. Nothing in this title shall be deemed to preclude two or more local educational agencies from entering into agreements, at their option, for carrying out jointly operated programs and projects under this title. The plan may provide up to 5 per centum of the amount allotted to the State for any fiscal year or

1205

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79 Stat. 1161. 20 USC 241c.

PUBLIC LAW 89-750-NOV. 3, 1966

[80 STAT.

$75,000 ($25,000 in the case of the Commonwealth of Puerto Eico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), whichever is greater, may be expended for the proper and efficient administration of the State plan (including State leadership activities and consultative services),, and for planning on the State and local level. "(b) The plan must provide satisfactory assurance that, to the extent consistent with the number and location of handicapped children in the State who are enrolled in private elementary and secondary schools, provision will be made for participation of such children in programs assisted or carried out under this title. "(c) The plan must provide satisfactory assurance that the control of funds provided under this title, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this title, and that a public agency will administer such funds and property. " (d) The plan must set forth policies and procedures which provide satisfactory assurance that Federal funds made available under this title will be so used as to supplement and, to the extent practical, increase the level of State, local, and private funds expended for the education of handicapped children, and in no case supplant such State, local, and private funds. "(e) The plan must provide that effective procedures, including provision for appropriate objective measurements of educational achievement, will be adopted for evaluating at least annually the effectiveness of the programs in meeting the special educational needs of, and providing related services for, handicapped children. "(f) The plan must provide that the State educational agency will be the sole agency for administering or supervising the administration of the plan. " (g) The plan must provide for making such reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title, including reports of the objective measurements required by paragraph (e) of this subsection; and the plan must also provide for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. " (h) The plan must provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this title to the State, including any such funds paid by the State to local educational agencies. "(i) The plan must provide satisfactory assurance that funds paid to the State under this title shall not be made available to any school for handicapped children eligible for assistance under section 203 (a)(5) of title II of Public Law 874, Eighty-first Congress. "(j) The plan must provide satisfactory assurance, in the case of any project for construction of school facilities, that the project is not inconsistent with overall State plans for the construction of school facilities and that the requirements of section 610 will be complied with on all such construction projects. " (k) The plan must provide satisfactory assurance that effective procedures will be adopted for acquiring and disseminating to teachers and administrators of handicapped children significant information derived from educational research, demonstration, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects.

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