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a PAYMENTS

"SEC, 605. From the amounts allotted to each State under section 603, the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan. These payments may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. "ADMINISTRATION OF STATE PLANS

"SEC. 606. (a) The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State agency administering the plan reasonable notice and opportunity for a hearing. " (b) Whenever the Commission, after reasonable notice and opportunity for hearing to such State agency, finds— "(1) that the State plan has been so changed that it no longer complies with the provisions of section 604, or "(2) that in the administration of the plan there is a failure to comply substantially with any such provisions, the Commissioner shall notify such State agency that the State will not be regarded as eligible to participate in the program under this title until he is satisfied that there is no longer any such failure to comply. "JUDICIAL REVIEW

"SEC. 607. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 604 or with his final action under section 606(b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. " (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "NATIONAL ADVISORY COMMITTEE ON HANDICAPPED CHILDREN

"SEC. 608. (a) The Commissioner shall establish in the Office of Education a National Advisory Committee on Handicapped Children, consisting of the Commissioner, who shall be Chairman, and not more than twelve additional members, not less than 50 per centum of whom shall be persons affiliated with educational, training, or research pro-

7 2 Stat. 941.

62 Stat. 928

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[SO STAT.

grams for the handicapped, appointed by the Commissioner without regard to the civil service laws. " (b) The Advisory Committee shall review the administration and operation of this Act, title II of Public Law 874, Eighty-first Con20 USC 2^41 gress, and other provisions of law administered by the Commissioner, 24iz. with respect to handicapped children, including their effect in imAnte, pp. 1195, provin^ the educational attainment of such children, and make recom^^^^" mendations for the improvement of such administration and operation with respect to such children. These recommendations shall take into consideration experience gained under this and other Federal programs for handicapped children and, to the extent appropriate, experience gained under other public and private programs for handiReport to Capped children. The Advisory Committee shall from time to time Congress.

Compensation.

Ante, p. 499.

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make such recommendations as it may deem appropriate to the Commissioner and shall make an annual report of its findings and recommendations to the Commissioner not later than January 31 of 1968 and each fiscal year thereafter. The Commissioner shall transmit each such report to the Secretary together with his comments and recommendations, and the Secretary shall transmit such report, comments, and recommendations to the Congress together with any comments or recommendations he may have with respect thereto. {c) Members of the Advisory Committee who are not regular full-time employees of the United States shall, while serving on business of the Committee, be entitled to receive compensation at rates fixed by the Commissioner, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of ^j^g. United States Code for persons in Government service employed intermittently. " (d) The Commissioner may, at the request of the xldvisory Committee, appoint such special advisory professional or technical personnel as may be necessary to enable the Advisory Committee to carry out its duties. "BUREAU FOR EDUCATION AND TRAINING OF THE HANDICAPPED

"SEC. 609. The Commissioner shall establish at the earliest practicable date not later than July 1, 1967, and maintain within the Office of Education a bureau for the education and training of the handicapped which shall be the principal agency in the Office of Education for administering and carrying out programs and projects relating to the education and training of the handicapped, including programs and projects for the training of teachers of the handicapped and for research in such education and training. "LABOR STANDARDS

^g^l^^tat.^1^011; 64 Stat. 1267. 63 Stat. 108.

"SEC. 610. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall be paid wages at rates not less than those prevailing on similar contruction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functious Set forth in Keorganization Plan Numbered 14 of 1950 and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)."

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


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1209

PART G—DISSEMINATION OF INFORMATION

SEC. 171. Title VII of the Elementary and Secondary Education Act of 1965 (as redesignated by this Act) is amended by inserting at the end thereof a new section as follows:

^"'^' P- ^204.

u DISSEMINATION O F INFORMATION

"SEC. 706. (a) For the purpose of carrying out more effectively the provisions of this Act and title II of Public Law 874, Eighty-first Congress, the Commissioner— 20 us^c 2^413"(1) shall prepare and disseminate to State and local educa- 241^. tional agencies and other appropriate agencies and institutions ^"'<'' PP- ^^^S catalogs, reviews, bibliographies, abstracts, analyses of research 1198. and experimentation, and such other materials as are generally useful for such purpose; " (2) may upon request provide advice, counsel, technical assistance, and demonstrations to State or local educational agencies or institutions of higher education undertaking to initiate or expand programs under this Act or such title in order to increase the quality or depth or broaden the scope of such programs, and shall inform such agencies and institutions of the availability of assistance pursuant to this clause; "(3) shall prepare and disseminate to State and local educational agencies and other appropriate agencies and institutions an annual report setting forth developments in the utilization and adaptation of projects carried out pursuant to this Act and such title; and "(4) may enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section. " (b) There are authorized to be appropriated not to exceed $1,500,000 for the fiscal year ending June 30, 1967, and not to exceed $2,000,000 for the fiscal year ending June 30, 1968, to carry out the provisions of this section." PART H — R A C I A L IMBALANCE AND COMPLIANCE W I T H CIVIL RIGHTS ACT OF 1964

SEC. 181. Section 704 of the Elementary and Secondary Education Act of 1965 (as redesignated by this act, and containing a prohibition against Federal control of education) is amended by inserting the following at the end thereof and before the period: ", or to require the assignment or transportation of students or teachers in order to overcome racial imbalance". COMPLIANCE W I T H CIVIL RIGHTS ACT OF

1964

SEC. 182. The Commissioner of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965, by the Act of Septem20 USC 821 note. ber 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of 20 USC 236. September 23, 1950 (Public Law 815, Eighty-first Congress), or by 20 USC 63i. the Cooperative Research Act, on the basis of alleged noncompliance 20 USC 331 note. with the provisions of title VI of the Civil Rights Act of 1964 for ^s st at. 25 2. 42 USC ^ "" more than sixty days after notice is given to such local agency of such 2ooo^d-'^^^ 2000ddeferral unless such local agency is given the opportunity for a hearing as provided in section 602 of title VI of the Civil Rights Act of

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78 Stat. 25 2. 42 USC 2000d2000d-4.

PUBLIC LAW 89-750-NOV. 3, 1966

[80 STAT.

1964, such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Commissioner, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of title VI of the Civil Rights Act of 1964. PART I—EFFECTIVE DATE

SEC, 191. The provisions of this title shall be effective with respect to fiscal years beginning after June 30, 1966, except as specifically provided otherwise. TITLE II—FEDERALLY AFFECTED AREAS PART A—AMENDMENTS TO PUBLIC LAW 874 AMENDMENTS TO SECTION 3

20 USC 238.

SEC. 201. Section 3 of the Act of September 30, 1950 (Public Law 874^ Eighty-first Congress), as amended, is amended in the following respects: Providing an alternative means of meeting the eligibility requirement

70 Stat. 9 70.

(a)(1) Section 3(c)(2)(B) is amended by inserting after "amount to" the following: ", whichever is the lesser, four hundred such children, or a number of such children equal to". (2) Section 3(c)(5) is amended by striking out "percentage requirements for eligibility under paragraphs (2) and (4) of this subsection" and by inserting in lieu thereof "requirements for eligibility under paragraphs (2)(B) and 4(C) of this subsection". Method of determining local contribution rate

64 Stat. 110 2;

(j^-^ Subsection (d) of section 3, relating to the computation of the local contribution rate, is amended as follows: (1) The first sentence of subsection (d) is amended by striking out "and the local educational agency". (2) Clauses (1) and (2) of the first sentence of subsection (d) are amended to read: "(1) he shall place each school district within the State into a group of generally comparable school districts; and "(2) he shall then divide (A) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which he is making the computation, which all of the local educational agencies within any such group of comparable school districts made from revenues derived from local sources, by (B) the aggregate number of children in average daily attendance to whom such agencies provided free public education during such second preceding fiscal year." (3) The third sentence of subsection (d) is amended by striking out "If, in the judgment of the Commissioner, the current expenditures in those school districts which he has selected under clause (1) " and substituting in lieu thereof "If, in the judgment of the Commissioner, the current expenditures in the school districts within the generally comparable group as determined under clause

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(4) The next to the last sentence of subsection (d) is amended by inserting after "as the case may be," the following: "plus any direct current expenditures by the States for the operation of such agencies", and by inserting "either of" after "funds from which".

1211 ''^ ^*^*' ^^°-

Providing that children of servicemen shall be deemed to reside with a parent employed on Federal property (c)(1) The first sentence of subsection (b) of section 3 is amended by— (A) inserting " (1) " before "resided on Federal property", (B) inserting " (2) " before "resided with a parent", and (C) inserting before the period at the end thereof ", or (3) had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949)". (2) The second sentence of subsection (b) is repealed.

67 Stat. 530. 20 USC 238,

" Stat. 80 4: 70 Stat. 970

76 Stat. 499,

Children moving into an area as a result of an international boundary relocation (d) Such subsection (b) of section 3 is further amended by adding at the end thereof the following new sentence: "For the purpose of computing the amount to which a local educational agency is entitled under this section for the fiscal year ending June 30, 1967, the Commissioner shall also determine the number of children (other than children to whom subsection (a) or any other provision of this subsection applies) who were in average daily attendance at such schools and for whom such agency provided free public education, during such fiscal year, as a result of a change in residence from land transferred to Mexico as part of a relocation of an international boundary of the United States." Providing that all Federal payments will be deducted from gross entitlements on the same basis (e) Subsection (e) of section 3 is amended to read as follows: "(e) I n determining the total amount which a local educational agency is entitled to receive under this section (other than subsection (c)(4) thereof) for a fiscal year, the Commissioner shall deduct (1) such amount as he determines that agency derived from other Federal payments (as defined in section 2(b)(1)) but only to the extent such payments are not deducted under the last sentence of section 2(a), and only to the extent the payments are made with respect to property on which children, counted for purposes of this section, live or on which their parents work, and (2) such amount as he determines to be the value of transportation and of custodial and other maintenance services furnished such Agency by the Federal Government during such year. The Commissioner shall make no deduction under this subsection for any fiscal year in which the sum of the amounts determined under clauses (1) and (2) of the preceding sentence is less than $1,000."

64 Stat. 110 2: 67 Stat, 530,

^° ^^^ ^37.

M A K I N G THE APPROPRIATION FOR O N E FISCAL YEAR AVAILABLE T H R O U G H THE FOLLOWING YEAR TO M E E T OBLIGATIONS OF THE C U R R E N T YEAR

SEC. 202. Section 5(b) of the Act of September 30, 1950, is amended by adding at the end thereof the following new sentence: "Sums appropriated pursuant to this title for any fiscal year shall remain

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[80 STAT.

available, for obligation and payments with respect to amounts due local educational agencies under this title for such year, until the close of the following fiscal year." STATE AID REDUCTIONS

20 us^c 240 ^'

^^^' ^^^' Section 5 is amended by adding at the end thereof the following new subsection: "Adjustments for Eeductions in State Aid

" (d) The amount which a local educational agency in any State is 20 USC 237-239. otherwise entitled to receive under section 2, 3, or 4 for any fiscal year shall be reduced in the same proportion (if any) that the State has reduced for that year its aggregate expenditures (from non-Federal sources) per pupil for current expenditure purposes for free public education (as determined pursuant to regulations of the Commissioner) below the level of such expenditures per pupil in the second preceding fiscal year. The Commissioner may waive or reduce this reduction whenever in his judgment exceptional circumstances exist which would make its application inequitable and would defeat the purpose of this title." W H E R E A LOCAL EDUCATIONAL AGENCY C A N N O T OR W I L L N O T EDUCATE C H I L D R E N L IV I N G ON FEDERAL PROPERTY

20 usi;" 14?°

^^?* ^^^- Section 6 of the Act of September 30, 1950, is amended by redesignating subsection (f) as subsection (g), and by inserting immediately after subsection (e) the following new subsection: "(f) If no tax revenues of a State or of any political subdivision of the State may be expended for the free public education of children who reside on any Federal property within the State, or if no tax revenues of a State are allocated for the free public education of such children, then the property on which such children reside shall not be considered Federal property for the purposes of sections 3 and 4 of this Act. If a local educational agency refuses for any other reason to provide in any fiscal year free public education for children who reside on Federal property which is within the school district of that agency or which, in the determination of the Commissioner, would be within that school district if it were not Federal property, there shall be deducted from any amount to which the local educational agency is otherwise entitled for that year under section 3 or 4 an amount equal to (1) the amount (if any) by which the cost to the Commissioner of providing free public education for that year for each such child exceeds the local contribution rate of that agency for that year, multiplied by (2) the number of such children." P R O H I B I T I O N AGAINST CERTAIN A S S I G N M E N T OR TRANSPORTATION

Section 301(a) of the Act of September 30, 1950 (Public Law 874; Eighty-first Congress) is amended by inserting the following at the end thereof before the period: ", or require the assignment or transportation of students or teachers in order to overcome racial imbalance". SEC.^205.

64 Stat. 110 7 79 Stat. 35.

20 USC "242.

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

TO SECTION

1213

303

SEC. 206. Section 303 of the Act of September 30, 1950, is amended 7/staJ^'35^^*'^' in the following respects: 20 USC 244. Extending to all property the provision which permits Federal property used for housing to be counted as Federal property for one year after transfer by the United States (a) Clause (B) of the next to last sentence of section 303(1) is amended by striking out "housing".

^° ^*«*- ^^2.

Repeal of exclusion of property used for provision of local benefits (b) The last sentence of section 303(1) is amended by— (1) striking out " (A) any real property used by the United States primarily for the provision of services or benefits to the local area in which such property is situated,"; and (2) redesignating clauses (B), (C), and (D) as clauses (A), (B), and (C), respectively. Authorizing the Commissioner to establish a method of counting children for the purpose of determining average daily attendance (c) Subsection (10) of section 303 is amended to read as follows: "(10) Average daily attendance shall be determined in accordance with State law, except that (A) the average daily attendance of children with respect to whom payment is to be made under section 3 or 4 20 of this Act shall be determined in accordance with regulations of the 239. Commissioner, and (B) notwithstanding any other provision of this Act, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this Act the attendance of such child at such school shall be held and considered (i) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (ii) not to be attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such payment under the contract." PART B — AMENDMENTS TO PUBLIC L A W

u s e 238,

815

EXTENDING TEMPORARY PROVISIONS FOR ONE YEAR

SEC. 221. Section 3 of the Act of September 23^ 1950 (Public Law 815, Eighty-first Congress), is amended by striking out "1966" and inserting in lieu thereof "1967".

78 Stat. 1109. 20 USC 633.

REDUCING PERCENTAGE INCREASE REQUIRED FOR ELIGIBILITY A N D L E N G THE N I N G INCREASE PERIOD TO FOUR YEARS

SEC. 222. (a) Section 5(c) of the Act of September 23, 1950, is amended by striking out "at least 5 per centum" and inserting in lieu thereof "at least 6 per centum". (b) Section 15(6) of such Act is amended by striking out "base year" and inserting in lieu thereof "second year of the four year increase period". (c) Section 15(15) of such Act is amended (1) by inserting "third or fourth" immediately before the phrase "regular school year" the first time that phrase occurs in the subsection, (2) by striking out 65-300 0-67—79

20 Jsc esT 20 USC 645.

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20 USC 645^' 20 USC 635.

[80 STAT.

"1963-1964" and inserting in lieu thereof "1962-1963", and (3) by striking out "or the regular school year preceding such school year". (^) Section 15(16) of such Act is amended by striking out "two" and inserting "four" in lieu thereof. (g) Section 5(f) of such Act is amended to read as follows: " (f) I n determining under this section the total of the payments which may be made to a local educational agency on the basis of any application, the total number of children counted for purposes of paragraph (1), (2), or (3), as the case may be, of subsection (a) may not exceed— "(1) the number of children whose membership at the close of the increase period for the application is compared with membership in the base period for purposes of that paragraph, minus "(2) the number of such children whose membership at the close of the increase period was compared with membership in the base year for purposes of such paragraph under the last previous application, if any, of the agency on the basis of which any payment has been or may be made to that agency." REDUCTION I N

THE

NON-FEDERAL GROWTH

REQUIREMENT

SEC. 223. Section 5(d) of such Act is amended by striking out "107 per centum" and by inserting in lieu thereof "106 per centum". E X T E N D I N G THE T I M E FOR DETERMINING THE N U M B E R OF U N H O U S E D C H I L D R E N BY A U T H O R I Z I N G THE COMMISSIONER TO M A K E THE E S T I M A T E FOR A PERIOD E X T E N D I N G TWO YEARS BEYOND THE I N C R E A S E PERIOD

20 USC 634.

gj,(^ 224. Section 4 of such Act is amended by inserting "the second year following" immediately before the phrase "the increase period". M A K I N G THE PROVISIONS RELATING TO I N D I A N S L IV I N G ON RESERVATIONS P E R M A N E N T

llf^fr:

V?^-

20 USC 644

SEC. 225. (a) The first sentence of section 14(b) of such Act is i

»

•

1

amended by striking out "ending prior to July 1, 1966," and ", not to exceed $60,000,000 in the aggregate,". (b) The third sentence of section 14(b) is amended by striking out ", except that after June 30, 1966, no agreement may be made to extend assistance under this section". PROVIDING T H A T C H I L D R E N W H O HAVE A P A R E N T I N THE UNIFORM E D SERVICES W I L L BE CONSIDERED AS FEDERALLY CONNECTED

20 USC 635.

gEc. 226. (a) Section 5(a)(1) of such Act is amended by inserting ", (A) who so resided" immediately before the phrase "with a parent employed on Federal property" and by inserting immediately before the comma preceding the phrase "multiplied by 95 per centum" the following:, or (B) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensa(b)(1) The first sentence of section 5(a)(2) of such Act is amended by inserting " (A) " after "children", by inserting " (B) " immediately before "residing with a parent", and by inserting after "school dis-

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trict),-' the following: ''or (C) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949),". (2) The second sentence of section 5(a)(2) of such Act is repealed.

^3 Stat. 804; 72 Stat. 549. 20 USC 635.

C H I L D R E N MOVING I N TO A N AREA AS A RESULT OF A N BOUNDARY RELOCATION

INTERNATIONAL

SEC. 227. Section 5(a) of such Act is further amended by striking out the period at the end of clause (3), by inserting "; and" in lieu thereof, and by inserting immediately after clause (3) the following new clause: "(4) for the fiscal year ending June 30, 1967, the estimated number of children, without regard to the limitation in subsection (d), whose membership in the schools of such local educational agency resulted from a change in residence from land transferred to Mexico as part of a relocation of an international boundary of the United States, multiplied by 50 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated." PROVIDING FOR TRANSFER OF TITLE TO F A C I L I T I E S TO THE LOCAL EDUCAT I O N A L AGENCY W H E R E I T I S I N THE FEDERAL I N T E R E S T TO DO SO

SEC. 228. Section 10 of such Act is amended by inserting " (a) " 20 USC 64o. immediately before the first word thereof, and by adding the following new subsection: ''(b) When the Commissioner determines it is in the interest of the Federal Government to do so, he may transfer to the appropriate local educational agency all the right, title, and interest of the United States in and to any facilities provided under this section (or sections 204 or 310 of this Act as in effect January 1, 1958). Any such transfer 67^st!J^5 27^' shall be without charge, but may be made on such other terms and 20 USC 274 conditions, and at such time as the Commissioner deems appropriate "°'e, 300 note. to carry out the purposes of this Act." WHERE

A LOCAL EDUCATIONAL AGENCY C A N N O T OR W I L L NOT EDUCATE C H I L D R E N L IV I N G O N FEDERAL PROPERTY

SEC. 229. Section 10 of such Act is further amended by adding an additional new subsection as follows: "(c) If no tax revenues of a State or of any political subdivision of the State may be expended for the free public education of children who reside on any Federal property within the State, or if no tax revenues of a State are allocated for the free public education of such children, then the property on which such children reside shall not be considered Federal property for the purposes of section 5 of this Act." REPEAL OF E X C L U S I O N OF PROPERTY USED FOR PROVISION OF LOCAL B E N E F I T S

SEC. 230. The last sentence of section 15(1) of such Act is amended by— (1) striking out " (A) any real property used by the United States primarily for the provision of services or benefits to the local area in which such property is situated,"; and (2) redesignating clauses (B), (C), and (D) as clauses (A), (B), and (C),respectively.

2° "^^ ^'*^-

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[sO STAT.

PROVIDING T H A T MINIMUM SCHOOL F A C I L I T I E S B E USABLE BY H A N D I CAPPED PERSONS A N D H A V E CERTAIN OTHER F E A T U R E S 7 2 Stat. 556. 20 USC 645.

S E C 231. Section 15(10) of such Act, relating to the definition of "minimum school facilities", is amended by adding at the end thereof the following: "Such regulations shall (A) require the local educational agency concerned to give due consideration to excellence of architecture and design, (B) provide that no facility shall be disqualified as a minimum school facility because of the inclusion of works of art in the plans therefor if the cost of such works of art does not exceed 1 per centum of the cost of the project, and (C) require 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 Act shall be, to the extent appropriate in view of the uses to be made of the iacilities, accessible to and usable by handicapped persons." I N C L U D I N G AMERICA N SAMOA I N DEFINITION OF " S T A T E "

SEC. 232. Section 15(13) of such Act, relating to the definition of "State," is amended by inserting "American Samoa," immediately before "the Virgin Islands". PART C—^EFFECTIVE DATE

SEC. 241. The amendments made by this title shall be effective for fiscal years beginning after June 30, 1966, except that (1) the amendment made by section 201(b) shall be effective for fiscal years beginning after June 30, 1967, and (2) if the amendment made by section 204 or 229 would have reduced payments to a local educational agency for the fiscal year ending June 30, 1966 (if it had been in effect for that j^ear), the amendment shall not apply to that local educational agency for fiscal years ending prior to July 1, 1968. TITLE III—ADULT

EDUCATION

SHORT TITLE

SEC. 301. This title may be cited as the "Adult Education Act of 1966". STATEMENT OF P U R P O S E

SEC. 302. I t is the purpose of this title to encourage and expand basic educational programs for adults to enable them to overcome English language limitations, to improve their basic education in preparation for occupational training and more profitable employment, and to become more productive and responsible citizens. DEFINITIONS

SEC. 303. A S used in this title— (a) The term "adult" means any individual who has attained the age of eighteen. (b) The term "adult education" means services or instruction below the college level (as determined by the Commissioner), for adults who— (1) do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education, and

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(2) are not currently enrolled in schools. (c) The term "adult basic education" means education for adults whose inability to speak, read, or write the English language constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability, which is designed to help eliminate such inability and raise the level of education of such individuals with a view to making them less likely to become dependent on others, to improving their ability to benefit from occupational training and otherwise increasing their opportunities for more productive and profitable employment, and to m a t i n g them better able to meet their adult responsibilities. (d) The term "Commissioner" means the Commissioner of Education. (e) 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 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; except that if there is a separate board or other legally constituted local authority having administrative control and direction of adult education in public schools therein, such term means such other board or authority. (f) The term "State" includes the District of Columbia, and (except for the purposes of section 305(a)) the Commonwealth of Puerto Kico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands. (g) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or if there is a separate State agency or officer primarily responsible for supervision of adult education in public schools then such agency or officer may be designated for the purposes of this title by the Governor or by State law. If no agency or officer qualifies under the preceding sentence, such term shall mean an appropriate agency or officer designated for the purposes of this title by the Governor. GRANTS TO STATES FOR ADULT BASIC EDUCATION

SEC. 304. (a) From the sums appropriated pursuant to section 314, not less than 10 per centum nor more than 20 per centum shall be reserved for the purposes of section 309. (b) From the remainder of such sums, the Commissioner is authorized to make grants to States, which have State plans approved by him under section 306 for the purposes of this section, to pay the Federal share of the cost of the establishment or expansion of adult basic education programs to be carried out by local educational agencies. ALLOTMENT FOR ADULT BASIC EDUCATION

SEC. 305. (a) From the sums available for purposes of section 304(b) for any fiscal year, the Commissioner shall allot not more than 2 per centum thereof among Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands according to their respective needs for assistance under such section. From the remainder of such sums he shall allot to each State an amount which bears the same ratio to such remainder as the number

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of adults who have completed not more than five grades of school (or have not achieved an equivalent level of education) in such State bears to the number of such adults in all States. (b) The portion of any State's allotment under subsection (a) for a fiscal year which the Commissioner determines will not be required, for the period such allotment is available, for carrying out the portion of the State plan relating to adult basic education approved under this title shall be available for reallotment from time to time, on such dates during such period as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum which the Commissioner estimates such State needs and will be able to use for such period for carrying out such portion of its State plan approved under this title, and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts are 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 such year. STATE P L A N S

SEC. 306. (a) Any State desiring to receive its allotment of Federal funds for any grant under this title shall submit through its State educational agency a State plan. Such State plan shall be in such detail as the Commissioner deems necessary, and shall— (1) set forth a program for the use of grants, in accordance with section 304(b), which aflfords assurance of substantial progress, with respect to all segments of the adult population and all areas of the State, toward carrying out the purposes of such section; (2) provide for the administration of such plan by the State educational agency; (3) provide for cooperative arrangements between the State educational agency and the State health authority authorizing the use of such health information and services for adults as may be available from such agencies and as may reasonably be necessary to enable them to benefit from the instruction provided pursuant to this title; (4) provide for grants to public and private nonprofit agencies for special projects, teacher-training and research; (5) provide for cooperation with Community Action programs, Work Experience programs, VI S T A, Work Study, and other programs relating to the anti-poverty effort; (6) provide that such agency will make such reports to the Commissioner, in such form and containing such information, as may reasonably be necessary to enable the Commissioner to perform his duties under this title and will keep such records and afford such access thereto as the Commissioner finds necessary to assure the correctness and verification of such reports; (7) provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid the State under this title (including such funds paid by the State to local educational agencies); and (8) provide such further information and assurances as the Commissioner may by regulation require. (b) The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing.

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PAYMENTS

SEC. 307. (a) Except as provided in subsection (b), the Federal share of expenditures to carry out a State plan shall be paid from a State's allotment available for grants to such State. For the fiscal year ending June 30, 1967, and the succeeding fiscal year, the Federal share for each State shall be 90 per centum. (b) No payment shall be made to any State from its allotment for any fiscal year unless the Commissioner finds that the amount available for expenditure by such State for adult education from nonFederal sources for such year will be not less than the amount expended lor such purposes from such sources during the preceding fiscal year. (c) Payments to a State under this title may be in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. OPERATION o r STATE P L A N S; H E A R I N G S AND J U D I C I A L REVIEW

SEC. 308. (a) Whenever the Commissioner after reasonable notice and opportunity for hearing to the State educational agency administering a State plan approved under this title, finds that— (1) the State plan has been so changed that it no longer complies with the provisions of section 306, or (2) in the administration of the plan there is a failure to comply substantially with any such provision. the Commissioner shall notify such State agency that no further payments will be made to the State under this title (or in his discretion, that further payments to the State will be limited to programs under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until lie is so satisfied, no further payments may be made to such State under this title (or payments shall be limited to programs under or portions of the State plan not affected by such failure). (b) A State educational agency dissatisfied with a final action of the Commissioner under section 306 or subsection (a) of this section may appeal to the Unifed States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Commissioner may modify or set aside his order. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to the review by the Supreme Court of the United States upon certiorari or certification as provided in section 1264 of title 28, United States

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Code. The commencement of proceedings under this subsection shall not unless so specifically ordered by the court operate as a stay of the Commissioner's action. SPECIAL E X P E R I M E N T A L DEMONSTRATION P R O J E C T S A N D T E A C H E R T R A I N I N G

SEC. 309. (a) The sums reserved in section 304(a) for the purposes of this section shall be used for making special project grants or providing teacher-training grants in accordance with this section. (b) The Commissioner is authorized to make grants to local educational agencies or other public or private nonprofit agencies, including educational television stations, for special projects which will be carried out in furtherance of the purposes of this title, and which— (1) involve the use of innovative methods, systems, materials, or programs which the Commissioner determines may have national significance or be of special value in promoting effective programs under this title, or (2) involve programs of adult education, carried out in cooperation with other Federal, federally assisted. State, or local programs which the Commissioner determines have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with basic educational deficiencies. The Commissioner shall establish procedures for making grants under this subsection which shall require a non-Federal contribution of at least 10 per centum of the costs of such projects wherever feasible and not inconsistent with the purposes of this subsection. (c) The Commissioner is authorized to provide (directly or by contract), or to make grants to colleges or universities, State or local educational agencies, or other appropriate public or private nonprofit agencies or organizations, to provide training to persons engaged, or preparing to engage, as personnel in adult education programs designed to carry out the purposes of this title, with such stipends and allowances, if any (including traveling and subsistence expenses), for persons undergoing such training and their dependents as the Commissioner may by regulation determine. ADVISORY COMMITTEE ON ADULT BASIC E D U C A T I O N

SEC. 310. (a) The President shall, within ninety days of enactment of this title appoint a National Advisory Committee on Adult Basic Education. (b) The National Advisory Committee shall have eight members, consisting of the Commissioner of Education, who shall be chairman, and seven other members who shall, to the extent possible, include persons knowledgeable in the field of adult education. State and local public school officials, and other persons having special knowledge and experience, or qualifications with respect to adult basic education, and persons representative of the general public. Such Advisory Committee shall meet at the call of the chairman but not less often than twice a year. (c) The Advisory Committee shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration of this title, including policies and procedures governing the approval of State plans under section 306 and policies to eliminate duplication, and to effectuate the coordination of

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programs under this title and other programs offering adult education activities and services. (d) The Advisory Committee shall review the administration and Report to Presieffectiveness of the adult basic education program and other federally ^"* ^"'^ congress. supported adult education programs as they relate to adult basic education, make recommendations with respect thereto, and make annual reports to the President of its findings and recommendations (including recommendations for changes in this title and other Federal laws relating to adult education activities and services). The President shall transmit each such report to the Congress together with his comments and recommendations. The Secretary of Health, Education, and Welfare shall coordinate the work of this committee with that of other related advisory committees. (e) Members of the Advisory Committee who are not regular full- compensation. time employees of the United States, shall, while serving on the business of the Committee, be entitled to receive compensation at rates fixed by the Commissioner, but not exceeding $100 per day, including travel time; and, while so serving away from their homes or regular places of business, members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government serv- ^"'^' P- '^^^^ ice employed intermittently. (f) The Commissioner shall engage such technical assistance as may be required to carry out the functions of the Advisory Committee, and the Commissioner shall, in addition, make available to the Advisory Committee such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out its functions. (g) In carrying out its functions pursuant to this section, the Advisory Committee may utilize the services and facilities of any agency of the Federal Government, in accordance with agreements between the Secretary of Health, Education, and Welfare and the head of such agency. ADMINISTRATION

SEC. 311. (a) The Commissioner is authorized to delegate any of his functions under this title, except the making of regulations, to any officer or employee of the Office of Education. (b) I n administering the provisions of this title, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution, in accordance with agreements between the Secretary and the head thereof. FEDERAL CONTROL

PROHIBITED

SEC. 312. (a) Nothing contained in this title shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, admmistration, or personnel of any educational institution or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system. (b) The National Advisory Committee on Adult Basic Education is authorized to encourage the establishment of State and local adult education advisory committees in order to improve reporting of State and local administration of programs under this title. Such local and State advisory committees may be existing groups or especially estab-

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lished by State and local administrators of the programs to assure that the local program is meeting the needs of the community. LIMITATION

SEC. 313. No grant may be made under this title for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. For purposes of this section, the term "school or department of divinity" means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. APPROPRIATIONS

AUTHORIZED

SEC. 314. There is authorized to be appropriated $40,0(X>,(X)0 for the fiscal year ending June 30, 1967, and $60,000,000 for the fiscal year ending June 30, 1968, for the purposes of this title. REPEALER

78 Stat. 520. 42 USC 280 1280 7.

SEC. 315. Part B of title II of the Economic Opportunity Act of 1964 is repealed. Approved November 3, 1966.

Public Law 89-751 November 3, 1966 [H. R. 1 3 1 9 6 ]

AN ACT To amend the Public Health Service Act to increase the opportunities for training of medical technologists and personnel in other allied health professions, to improve the educational quality of the schools training such allied health professions personnel, and to strengthen and improve the existing student loan programs for medical, osteopathic, dental, podiatry, pharmacy, optometric, and nursing students, and for other purposes.

p Allied Health p^rsonn^rTrain-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as tliB "Allied Health Professions Personnel Training Act

ing Act of 19 66.

of

1966".

ADDITION OF PART G TO TITLE VII OF THE P U B L I C H E A L T H SERVICE ACT 70 Stat. 717. 42 USC 29 2295g.

SEC. 2. Title VII of the Public Health Service Act is amended by adding at the end thereof the following new part: "PART G — T R A I N I N G I N THE ALLIED HEALTH PROFESSIONS " G R A N T S FOR CONSTOUCTION OF T E A C H I N G F A C I L I T I E S FOR ALLIED H E A L T H PROFESSIONS P E R S O N N E L

"Authorization of Appropriations "SEC. 791. (a)(1) There are authorized to be appropriated for grants to assist in the construction of new facilities for training centers for

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allied health professions, or replacement or rehabilitation of existing facilities for such centers, $3,000,000 for the fiscal year ending June 30, 1967; $9,000,000 for the fiscal year ending June 30, 1968; and $13,500,000 for the fiscal year ending June 30, 1969. "(2) Sums appropriated pursuant to paragraph (1) for a fiscal year shall remain available for grants under this section until the close of the next fiscal year. "Approval of Applications for Construction Grants "(b)(1) No application for a grant under this section may be approved unless it is submitted to the Surgeon General prior to July 1, 1968. The Surgeon General may from time to time set dates (not earlier than the fiscal year preceding the year for which a grant is sought) by which applications for grants under this section for any fiscal year must be filed. "(2) A grant under this section may be made only if the application therefor is approved by the Surgeon General upon his determination that— " (A) the applicant is a public or nonprofit private training center for allied health professions; " (B) the application contains or is supported by reasonable assurances that (i) for not less than ten years after completion of construction, the facility will be used for the purposes of the training for which it is to be constructed, and will not be used for sectarian instruction or as a place for religious worship, (ii) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, (iii) sufficient funds will be available, when construction is completed, for effective use of the facility for the training for which it is being constructed, and (iv) in the case of an application for a grant for construction to expand the training capacity of a training center for allied health professions, for the first full school year after the completion of the construction and for each of the nine years therieafter, the enrollment of full-time students at such center will exceed the highest enrollment of such students at such school for any of the five full school years preceding the year in which the application is made by at least 5 per centum of such highest enrollment, and the requirements of this clause (iv) shall be in addition to the requirements of section 792(b)(2), where applicable; " (C)(i) in the case of an application for a grant for construction of a new facility, such application is for aid in the construction of a new training center for allied health professions, or construction which will expand the training capacity of an existing center, or (ii) in the case of an application for a grant for replacement or rehabilitation of existing facilities, such application is for aid in construction which will replace or rehabilitate facilities of an existing training center for allied health professions which are so obsolete as to require the center to curtail substantially either its enrollment or the quality of the training provided;

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" (D) the plans and specifications are in accordance with regulations relating to minimum standards of construction and equipment; and " (E) the application contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a5). The Secretary of Labor shall have, with respect to the labor standards specified m this subparagraph (E), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). "(3) Notwithstanding paragraph (2), in the case of an affiliated hospital, an application which is approved by the training center for allied health professions with which the hospital is affiliated and which otherwise complies with the requirements of this section, may be filed by any public or other nonprofit agency qualified to file an application under section 605. "(4) I n the case of any application, whether filed by a training center or, in the case of an affiliated hospital, by any other public or other nonprofit agency, for a grant under this section to assist in the construction of a facility which is a hospital or part of a hospital, as defined in section 625, only that portion of the project which the Surgeon General determines to be reasonably attributable to the need of such training center for the project for teaching purposes or in order to expand its training capacities or in order to prevent curtailment of enrollment or quality of training, as the case may be, shall be regarded as the project with respect to which payments may be made under this section. "(5) I n considering applications for grants, the Surgeon General shall take into account— " (A) the extent to which the project for which the grant is sought will aid in increasing the number of training centers for allied health professions providing training in three or more of the curriculums which are specified in or pursuant to paragraph (1)(A) of section 795 and are related to each other to the extent prescribed in regulations; " (B)(i) in the case of a project for a new training center for allied health professions or for expansion of the facilities of an existing center, the relative effectiveness of the proposed facilities in expanding the capacity for the training of students in the allied health professions involved and in promoting an equitable geographical distribution of opportunities for such training (giving due consideration to population, relative unavailability of allied health professions personnel of the kinds to be^ trained by such center, and available resources in various areas of the Nation for training such personnel); or

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"(ii) in the case of a project for replaceiiient or reliabilitation of existing facilities of a training center for allied health professions, the relative need for such replacement or rehabilitation to prevent curtailment of the center's enrollment or deterioration of the quality of the training provided by the center, and the relative size of any such curtailment and its effect on the geographical distribution of opportunities for training in the allied health professions involved (giving consideration to the factors mentioned above in subparagraph (i)); and " (C) in the case of an applicant in a State which has in existence a State or local area agency involved in planning for facilities for the training of allied health professions personnel, or which participates in a regional or other interstate agency involved in planning for such facilities, the relationship of the application to the construction or training program which is being developed by such agency or agencies and, if such agency oi* agencies have reviewed such application, any comment thereon submitted by them. "Amount of Construction (jrant; Payments •'(c)(1) The amount of any grant for a construction project under this section shall be such amount as the Surgeon General determines to be Appropriate; except that (A) in the case of a grant for a pi-oject for a new training center for allied health professions, and in the case of a grant for a project for new facilities for an existing center where such facilities are of particular importance in providing n major expansion of the training capacity of such center, as determined in ac^'.ordance with regulations, such amount may not exceed 66% per centum of the necessary cost of construction, as determined by the Surgeon General, of such project; and (B) in the case of any other grant, such amount may not exceed 50 per centum of the necessary cost of construction, as so determined, of the project with reRpect to which the grant is made. "(2) Upon approval of any application for a grant under this section, the Surgeon General shall reserve, from any appropriation available therefor, the amount of such grant as detennined under paragraph (1); the amount so reserved may be paid in advance or by way of reimbursement, and in such installments consistent with construction progress, as the Surgeon General may determine. The Surgeon General's reservation of any amount under this subsection may be amended by him, either upon approval of an amendment of the application or upon revision of the estimated cost of constniction of the facility. "(3) In determining the amount of any grant ujuier this section, there shall be excluded from the cost of construction an amount equal to the sum of (A) the amount of any other Federal grant which the applicant has obtained, or is assured of obtaining, with respex;t to the construction which is to }ye, financed in part by the grant undei' this

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section, and (B) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant. "Recapture of Payments " (d) If, within ten years after completion of any construction for which funds have been paid under this section— "(1) the applicant or other owner of the facility shall cease to be a public or nonprofit private training center for allied health professions, or "(2) the facility shall cease to be used for the training purposes for which it was constructed (unless the Surgeon General determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so), or "(3) the facility is used for sectarian instruction or as a place for religious worship, the United States shall be entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility. "GRANTS TO IMPROVE THE QUALITY OF TRAINING CENTERS FOR ALLIED HEALTH PROFESSIONS

"Authorization of Appropriations "SEC. 792. (a) There are authorized to be appropriated $9,000,000 for the fiscal year ending June 30, 1967; $13,000,000 for the fiscal year ending June 30, 1968; and $17,000,000 for the fiscal year ending June 30, 1969; for grants under this section to assist training centers for allied health professions to develop new or improved curriculums for training allied health professions personnel and otherwise improve the quality of their educational programs. "Basic Improvement Grants " (b)(1) Subject to the provisions of paragraph (2), the Surgeon General may, for each fiscal year in the period beginning July 1, 1966, and ending June 30, 1969, make to each training center to r allied health professions whose application for a basic improvement grant has been approved by him a grant equal to the product obtained by multiplying $5,000 by the number of curriculums specified in or pursuant to paragraph (1)(A) of section 795 in which such center provides training during such year, plus the product obtained by multiplying $500 by the number of full-time students in such center receiving training in such curriculums. "(2) The Surgeon General shall not make a grant under this subsection to any center unless the application for such grant contains or is supported by reasonable assurances that for the first school year beginning after the fiscal year for which such grant is made and each school year thereafter during which such a grant is made the enrollment 01 full-time students at such center will exceed the highest enrollment of such students in such center for any of the five school years during the period July 1, 1961, through July 1, 1966, by at least 2i/^ per centum of such highest enrollment, or by three students whichever IS greater. The requirements of this paragraph shall be in addition

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to the requirements of section 791(b)(2)(B) (iv) of this Act, where applicable. The Sur^eoii General is authorized to waive (in whole or in part) the provisions of this paragraph if he determines that the required increase in enrollment of full-time students in a center cannot, because of limitations of physical facilities available to the center for training, be accomplished without lowering the quality of training for such students. ''Special Improvement Grants "(c)(1) From the sums appropriated under subsection (a) for any fiscal year and not required for making grants under subsection (b), the Surgeon General may make an additional grant for such year to any training center for allied health professions which has an approved application therefor and for which an application has been approved under subsection (b), if he determines that the requirements of paragraph (2) are satisfied in the case of such applicant. "(2) No special improvement grant shall be made under this section unless (A) the Surgeon General determines that such grant will be utilized by the recipient training center to contribute toward provision, maintenance, or improvement of specialized function which the center serves, and (B) such center provides or will, with the aid of grants under this part, within a reasonable time provide training in not less than three of the curriculums which are specified in or pursuant to paragraph (1)(A) of section 795 and are related to each other to the extent prescribed in regulations. "(3) No grant to any center under this subsection may exceed $100,000 for any fiscal year. "Application for Grants " (d)(1) The Surgeon General may from time to time set dates (not earlier than in the fiscal year preceding the year for which a grant is sought) by which applications for basic or special improvejnent grants under this section for any fiscal year must be filed, "(2) A grant under this section may be made only if the application therefor is approved by the Surgeon General upon his determination that— " (A) it contains or is supported by assurances satisfactory to the Surgeon General that the applicant is a public or nonprofit private training center for allied health professions and will expend in carrying out its functions as such a center, during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Surgeon General) from non-Federal sources which are at least as great as the average amount of funds expended by such applicant for such purpose in the three fiscal years immediately preceding the fiscal year for which such grant is sought; " (B) it contains such additional information as the Surgeon General may require to make the determinations required of him under this section and such assurances as he may find necessary to carry out the purposes of this section; and " (C) it provides for such fiscal control and accounting procedures and reports, and access to the records of the applicant, as the Surgeon General may require to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section. "(3) I n considering applications for grants under subsection (c), the Surgeon General shall take into consideration the relative financial need of the applicant for such a grant and the relative effectiveness

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of the applicant's plan in carrying out the purposes of such grants, and in contributing to an equitable geographical distribution of training centers offering high-quality training of allied health professions personnel. " T R A T N E E S H I P S FOR A D V A N C E D T R A I N I N G o r ALLIED HEALTH PROFESSIONS

PERSONNEL

"SEC. 793. (a) There are authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1967; $2,500,000 for the fiscal year ending June 30, 1968; and $3,500,000 for the fiscal year ending June 30, 1969; to cover the cost of traineeships for the training of allied health professions personnel to teach health services technicians or in any of the allied health professions, to serve in any of such professions in administrative or supervisory capacities, or to serve in allied health professions specialties determined by the Surgeon General to require advanced training. " (b) Traineeships under this section shall be awarded by the Surgeon General through grants to public or nonprofit private training centers for allied health professions. "(c) Payments to centers under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Surgeon General finds necessary. Such payments may be used only for traineeships and shall be limited to such amounts as the Surgeon General finds necessary to cover the costs of tuition and fees, and a stipend and allowances (including travel and subsistence expenses) for the trainees. "DEVELOPMENT OF NEW METHODS

"SEC. 794. There are authorized to be appropriated $750,000 for the fiscal year ending June 30, 1967; $2,250,000 for the fiscal year ending June 30, 1968; and $3,000,000 for the fiscal year ending June 30, 1969; for grants to public or nonprofit private training centers for allied health professions for projects to develop, demonstrate, or evaluate curriculums for the training of new types of health technologists. "DEFINITIONS

"SEC. 795. For purposes of this part— "(1) The term 'training center for allied health professions' means a junior college, college, or university— " (A) which provides, or can provide, programs of education leading to a baccalaureate or associate degree or to the equivalent of either or to a higher degree in the medical technology, optometric technology, dental hygiene, or any of such other of the allied health professions curriculums as are specified by regulations, or which, if in a junior college provides a program (i) leading to an associate or an equivalent degree, (ii) of education in medical technology, optometric technology, dental hygiene, or any of such other of the allied health technical or professional curriculums as are specified by regula;tion, and (iii) acceptable for full credit toward a baccalaureate or equivalent degree m the allied health professions or designed to prepare the student to work as a technician in a health occupation specified by regulations of the Surgeon General, " (B) which provides training for not less than a total of twenty persons in such curriculums,

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PUBLIC LAW 89-751-NOV. 3, 1966

" (C) which, if in a college or university which does not include a teaching hospital or in a junior college, is affiliated (to the extent and in the manner determined in accordance with regulations) with such a hospital, " (D) which is (or is in a college or university, which is) accredited by a recognized body or bodies approved for such purpose by the Commissioner of education, or which is in a junior college which is accredited by the regional accrediting agency for the region in which it is located or there is satisfactory assurance afforded by such accrediting agency to the Surgeon General that reasonable progress is being made toward accreditation by such junior college, and " (E) in the case of an applicant for a grant under section 793, which, if the college or university does not include a school of medicine, a school of osteopathy, school of optometry, or school of dentistry, as defined in paragraph (4) of section 724, as may be appropriate in the light of the training for which the grant is to be made, is affiliated (to the extent and in the manner determined in accordance with regulations) with such a school, except that an applicant for a grant for a construction project under section 791 which does not at the time of application meet the requirement of clause (B) shall be deemed to meet such requirement if the Surgeon General finds there is reasonable assurance that the unit will meet the requirement of clause (B) prior to the beginning of the academic year following the normal graduation date ot the first entering class in such unit, or, if later, upon completion of the project for which assistance is requested and other projects (if any) under construction or planned and to be commenced within a reasonable time. "(2) The term 'full-time student' means a student pursuing a fulltime course of study, in one of the curriculums specified in or pursuant to paragraph (1)(A) of this section, leading to a baccalaureate or associate degree or to the equivalent of either, or to a higher degree, in a training center for allied health professions; regulations of the Surgeon General shall include provisions relating to determination of the number of students enrolled at a training center on the basis of estimates, or on the basis of the number of students enrolled in a training center in an earlier year, or on such basis as he deems appropriate for making such determination, and shall include methods of making such determinations when a training center was not in existence in an earlier year. "(3) The term 'nonprofit' as applied to any training center for allied health professions means one which is a corporation or 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. "(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), off-site improvements, living quarters, or patient-care facilities, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered. "(5) The term 'affiliated hospital' means a hospital, as defined in section 625, which is not owned by, but is affiliated (to the extent and in the manner determmed in accordance with regulations) with, one or more training centers for allied health professions.

65-300 0-67—80

1229

77 Stat. 169. 42 USC 29 3d,

^^ ^*^'- "^^o.

42 USC 291o.

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PUBLIC LAW 89-751-NOV. 3, 1966

[80 STAT.

a RECORDS A N D A U D I T

"SEC. 796. (a) Each recipient of a grant under this part shall keep such records as the Surgeon General may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. "(b) The Secretary of Health, Education, and Welfare and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any grant under this part which are pertinent to any such grant." P E R D I E M FOR ADVISORY C O U N C I L S 77 Stat. 169. 42 USC 293e. 78 Stat. 917. 42 USC 298.

SEC. 3. (a) Section 725(d) of the Public Health Service Act is amended by striking out "$50" and inserting in lieu thereof "$100". (b) Section 841(c) of such Act is amended by striking out "$75" and inserting in lieu thereof "$100". ADDITIONAL LOAN CANCELLATION FOR H E A L T H P E R S O N N E L P R ACT I C I N G I N L O W - I N C O M E RURAL AREAS

79 Stat. 1057. 42 USC 294a.

SEC. 4. (a) Section 741(f) of the Public Health Service Act is amended by adding at the end thereof the following new sentence: " I n the case of a physician, dentist, or optometrist, the rate shall be 15 per centum (rather than 10 per centum) for each year of such practice in an area in a State which for purposes of this subsection and for that year has been determined by the Secretary, pursuant to regulations and after consultation with the appropriate State health authority, to be a rural area characterized by low family income; and, for the purpose of any cancellation pursuant to this sentence, an amount equal to an additional 50 per centum of the total amount of such loans plus interest may be canceled." E S T A B L I S H I N G A REVOLVING F U N D FROM W H I C H SCHOOLS M A Y OBTAIN LOANS TO CAPITALIZE H E A L T H PROFESSIONS S T U D E N T LOAN F U N D S UNDER TITLE VII - C OF THE P U B L I C H E A L T H SERVICE ACT

77 Stat. 173. 42 USC 294d.

SEC. 5. (a) Section 744 of the Public Health Service Act (relating to loans to schools) is amended to read as follows: ''LOANS TO SCHOOLS; REVOLVING

FUND

"Loans to Schools

42 USC 294. 42 USC 293a.

"SEC. 744. (a)(1) During the fiscal years ending June 30, 1967, and June 30, 1968, the Secretary may make loans, from the revolving fund established b ^ subsection (d), to any public or other nonprofit school referred to in section 740(a) which is located in a State and is accredited as provided in section 7 2 1 (b)(1)(B), to provide all or part of the capital needed by any such school for making loans to students under this section (other than capital needed to finance the institutional contributions required by section 740(b)(2)(B)). Loans to students from such borrowed sums shall be subject to the terms, conditions, and limitations set forth in section 741. The requirement in section 740(b)(2)(B) with respect to institutional contributions

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to student loan funds shall not apply to loans made to schools under tills section. "(2) A loan to a school under this section may be upon such terms and conditions, consistent with applicable provisions of section 740, as the Secretary deems appropriate. If the Secretary deems it to be necessary to assure that the purposes of this section will be achieved, these terms and conditions may include provisions making the school's obligation to the Secretary on such a loan payable solely from such revenues or other assets or security (including collections on loans to students) as the Secretary may approve. Such a loan shall bear interest at a rate which the Secretary determines to be adequate to cover (A) the cost of the funds to the Treasury as determined by the Secretary of the Treasury, taking into consideration the current average yields of outstanding marketable obligations of the United States having maturities comparable to the maturities of loans made by the Secretary under this section, and (B) probable losses.

1231

^^ ^*|*- ijo-

"Payments to Schools To Cover Certain Costs Incurred in Making Student Loans From Borrowed Funds "(b) If a school borrows any sums under this section, the Secretary shall agree to pay to the school (1) an amount equal to 90 per centum of the loss to the school from defaults on student loans made from such sums, (2) the amount by which the interest payable by the school on such sums exceeds the interest received by it on student loans made from such sums, (3) an amount equal to the collection expenses authorized by section 740(b)(3) to be paid out of a student loan fund with respect to such sums, and (4) the amount of principal which is canceled pursuant to section 741(d) or (f) w4th respect to student loans made from such funds. There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to carry out the purposes of this subsection.

79 Stat. 1057. 42 USC 294a.

"Limitation on Loans From Revolving Fund "(c) The total of the loans made in any fiscal year under this section may not exceed the lesser of (1) such limitations as may be specified in appropriation Acts, and (2) the difference between $35,000,000 and the amount of Federal funds (other than loans under this section) deposited in student loan funds under this part for that year. "Revolving Fund " (d)(1) There is hereby created within the Treasury a health professions education fund (hereinafter in this section called 'the fund') which shall be available to the Secretary without fiscal-year limitation as a revolving fund for the purposes of this section. A business-type budget for the fund shall be prepared, transmitted to the Congress, considered, and enacted in the manner prescribed by law (sections 102, 103, and 104 of the Government Corporation Control Act, 31 U.S.C. 847-849) for wholly owned Government Corporations. e/stat^ss"^' "(2) The fund shall consist of appropriations paid into the fund 2)ursuant to section 742(a), appropriations made pursuant to this sub- 43 USC 29^4b. section, all amounts received by the Secretary as mterost payments or repayments of principal on loans under this section, and any other moneys, property, or assets derived by him from his operations in connection with this section (other than subsection (b)), including any moneys derived directly or indirectly from the sale of assets, or beneficial interests or participations in assets, of the fund.

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12 us^c f?!*? Ante, p. 164.

PUBLIC LAW 89-751-NOV. 3, 1966

[80 STAT.

"(3) All loans, expenses (other than normal administrative expenses), and payments pursuant to operations of the Secretary under this section (other than subsection (b)) shall be paid from the fund, including (but not limited to) expenses and payments of the Secretary in connection with the sale, under section 302(c) of the Federal National Mortgage Association Charter Act, of participations iu obligations acquired under this section. From time to time, and at least at the close of each fiscal year, the Secretary shall pay from the fund into the Treasury as miscellaneous receipts interest on the cumulative amount of appropriations paid out for loans under this section, less the average undisbursed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding Treasury obligations of maturity comparable to the average maturity of loans made from the fund. Interest payments may be deferred with approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. If at any time the Secretary determines that moneys in the fund exceed the present and any reasonably prospective future requirements of the fund, such excess may be transferred to the general fund of the Treasury. "(4) In addition to the sums authorized to be appropriated by section 742(a), there are authorized to be appropriated to the fund established by this subsection $10,000,000 for the fiscal year ending June 30, 1967." Allotment Among Schools of Funds for Federal Capital Deposits and Loans to Schools

42 us^c 294^b

Ante, p. 1230.

(b)(1) Subsection (a) of section 742 of the Public Health Service ^^^ ^^ amended by striking out everything after "appropriated" in t he last sentence and substituting therefor the following: "under this section for the fiscal year ending June 30, 1967, or any subsequent fiscal year shall be available to the Secretary (1) for payments into the fund established by section 744(d), and (2) for making Federal capital contributions into loan funds a t schools which have established loan funds under this part. (2) Subsection (b)(1) of such section 742 is amended to read as follows: "The Secretary shall from time to time set dates by which schools must file applications for Federal capital contributions,.and for loans pursuant to section 744." (3) That part of the first sentence of subsection (b)(2) of such section 742 which precedes clause (A) is amended by substituting "section" for "part". (4) Such subsection (b) of such section 742 is further amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: "(3) Funds available in any fiscal year for payment to schools under this part (whether as Federal capital contributions or as loans to schools under section 744) which are in excess of the amount appropriated pursuant to this section for that year shall be allotted among schools in such manner as the Secretary determines will best carry out the purposes of this part." Conforming Changes

42 USC 294.

(c)(1) Clauses (A) and (B) of subsection (b)(2) of section 740 ^f such Act are amended to read: " (A) the Federal capital contributions to the fund, (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution,".

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1233

(2)(A) So much of section 74S(a) of such Act as precedes para- 42 us^c 294c. graph (1) is amended by striking out "this part" and inserting in lieu thereof "an agreement pursuant to section 740(b)". (B) Paragraph (1) of such section 743(a) is amended by striking out "total amount of the allotments to such fund by the Secretary under this part bears to the total amounts in such fund derived from such allotments" and inserting in lieu thereof "total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 740(b)(2)(A) bears to the total amount in such fund derived from ^ ' ^ ' P- ^232. such Federal capital contributions" and by striking out "the balance" and inserting in lieu thereof "such balance". (3) Subsection (b) of such section 743 is amended by inserting "(other than so much of such fund as relates to payments from the revolving fund established by section 7 4 4 (d)) " after "loan fund es- Ante, p. 1231. tablished pursuant to such agreement". Effective Date (d)(1) The amendments made by this section shall be effective in the case of payments to student loan funds made after the enactment of this Act, except in the case of payments pursuant to commitments (made prior to enactment of this Act) to make loans under section 744 of the Public Health Service Act as in effect prior to the enactment of this Act. (2) The Secretary of Health, Education, and Welfare is authorized, at the request of any institution, to take such steps as are necessary to convert a Federal capital contribution (which shall include the amount allocated to it under section 7 4 0 (b)(2)(A) of the Public Health Service Act) to a student loan fund of such institution, made under title VII of the Public Health Service Act from funds appropriated pursuant thereto for the fiscal year ending June 30, 1967, to a loan under section 744 of such Act as amended by this Act. E S T A B L I S H I N G A REVOLVING F U N D FROM W H I C H SCHOOLS OF N U R S I N G M A Y OBTAIN LOANS TO CAPITALIZE S T U D E N T LOAN F U N D S U N D E R TITLE VIII - B OF THE P U B L I C H E A L T H SERVICE ACT

SEC. 6. (a) Section 827 of the Public Health Service Act (relating to loans to schools of nursing) is amended to read as follows:

78 Stat. 9 1 7. 42 USC 297f.

"LOANS TO SCHOOLS; REVOLVING FUND

"Loans to Schools "SEC. 827. (a)(1) During the fiscal years ending June 30, 1967, and June 30, 1968, the Secretary may make loans, from the revolving fund established by subsection (d), to any public or nonprofit private school of nursing which is located in a State, to provide all or part of the capital needed by any such school for making loans to students under this section (other than capital needed to make the institutional contributions required of schools by section 8 2 2 (b)(2)(B)). Loans to students from such borrowed sums shall be subject to the terms, conditions, and limitations set forth in section 823. The requirement in section 8 2 2 (b)(2)(B) with respect to institutional contributions by schools to student loan funds shall not apply to loans made to schools under this section. "(2) A loan to a school under this section may be upon such terms and conditions, consistent with applicable provisions of section 822, as the Secretary deems appropriate. If the Secretary deems it to be

^2 USC 297a. ^ 42 USC 297b.

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PUBLIC LAW 89-751-NOV. 3, 1966

[sO STAT.

necessary to assure that the purposes of rhis section will be achieved, these terms and conditions may include provisions making the school's obligation to the Secretary on such a loan payable solely from such revenues or other assets or security (including collections on loans to students) as the Secretary may approve. Such a loan shall bear interest at a rate which the Secretary determines to be adequate to cover (A) the cost of the funds to the Treasury as determined by the Secretary of the Treasury, taking into consideration the current average yields of outstanding marketable obligations of the United States having maturities comparable to the maturities of loans made by the Secretary under this section, and (B) probable losses. "Payments to Schools To Cover Certain Costs Incurred in Making Student Loans From Borrowed Funds

78 Stat. 913. 42 USC 297a.

42 USC 297b.

" (b) If a school of nursing borrows any sums mider this section, the Secretary shall agree to pay to the school (1) an amount equal to 90 per centum of the loss to the school from defaults on student loans made from such sums, (2) the amount by which the interest payable by the school on such sums exceeds the interest received by it on student loans made from such sums, (3) an amount equal to the amount of collection expenses authorized by section 822(b)(3) to be paid out of a student loan fund with respect to such sums and (4) the amount of principal which is canceled pursuant to section 823(b) ^3^ Qj. ^^^ with respect to student loans made from such sums. There are authorized to be appropriated without fiscal-year limitation such sums as may be necessary to carry out the purposes of this subsection. "Limitation on I^oans " (c) The total of the loans made in any fiscal year under this section shall not exceed the lesser of (1) such limitations as may be specified in appropriation Acts, and (2) the difference between $35,000,000 and the amount of Federal capital contributions paid under this title for that year. "Revolving Fund ,: j,

6i'Stat.''584^^' 42 USC 297c.

Ante, p. 164.

" (d)(1) There is hereby created within the Tre{\sury a nurse training fund (hereinafter in this section called 'the fund') which shall be available to the Secretary without fiscal-year limitation as a revolving fund for the purposes of this section. A business-type budget for the fund shall be prepared, transmitted to the Congress, considered, and enacted in the manner prescribed by law (sections 102, 103, and 104 ^^ ^he Government Corporation Control Act, 31 U.S.C. 847-849) for wholly owned Government corporations. "(2) The fund shall consist of appropriations paid into the fund pursuant to section 824, appropriations made pursuant to this subsection, all amounts received by the Secretary as interest payments or repayments of principal on loans under this section, and any other moneys, property, or assets derived by him from his operations in connection with this section (other than subsection (b)), including any moneys derived directly or indirectly from the sale of assets, or beneficial interests or participations in assets, of the fund. "(3) All loans, expenses (other than normal administrative expenses), and payments pursuant to operations of the Secretary under this section (other than subsection (b)) shall be paid from the fund, including (but not limited to) expenses and payments of the Secretary in connection with the sale, under section 302(c) of the Federal I^atioual Mortgage Association Charter Act, of participations in obligations acquired under this section. From time to time, and at least

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PUBLIC LAW 89-751-NOV. 3, 1966

at the close of each fiscal year, the Secretary shall pay from the fund into the Treasury as miscellaneous receipts interest on the cumulative amount of approprations paid out for loans under this section, less the average undisbursed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding Treasury obligations of maturity comparable to the average maturity of loans made from the fund. Interest payments may be deferred with approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. If at any time the Secretary determines that moneys in the fund exceed the present and any reasonably prospective future requirements of the fund, such excess may be transferred to the general fund of the Treasury. "(4) I n addition to the sums authorized to be appropriated by section 824, there are authorized to be appropriated to the fund established by this subsection $2,000,000 for the fiscal year ending June 30, 1967." (b) Section 824 of the Public Health Service Act is amended by striking out the last sentence and substituting therefor the following: "Sums appropriated pursuant to this section for the fiscal year ending June 30, 1967, or any subsequent fiscal year shall be available to the Secretary (1) for payments into the fund established by section 827(d), and (2) in accordance with agreements under this part, for Federal capital contributions to schools with which such agreements have been made, to be used, together with deposits in such funds pursuant to section 822(b)(2)(B), for establishment and maintenance of student loan funds."

1235

78 Stat, 915. 42 USC 297c.

Ante, p. 1234.

42 USC 297a.

Allotment of Funds for Federal Capital Contributions and Loans to Schools (c)(1) Section 825(a)_ of the Public Health Service Act (relating to allotments of appropriations among States) is amended by inserting "for payment as Federal capital contributions or as loans to schools under section 827)" after "shall be allotted" in the first sentence, and by adding at the end of subsection (a) the following new sentence "Funds available in any fiscal year for payment to schools under this part (whether as Federal capital contributions or as loans to schools under section 827) which are in excess of the amount appropriated pursuant to section 824 for that year shall be allotted among States and among schools within States in such manner as the Secretary determines will best carry out the purposes of this part." (2) Section 825(b)(1) of such Act (relating to the allocation of Federal capital contributions to schools) is amended to read as follows: " (b)(1) The Secretary shall from time to time set dates by which schools of nursing in a State must file applications for Federal capital contributions, and for loans pursuant to section 827, from the allotment of such State under the first two sentences of subsection (a) of this section."

^2 USC 297d.

Conforming Amendment (d)(1) So much of section 826(a) of such Act as precedes paragraph (1) is amended by striking out "this part" and inserting in lieu thereof "an agreement pursuant to section 822(b)". (2) Paragraph (1) of such section 826(a) is amended by striking out "the balance" and inserting in lieu thereof "such balance". (3) Subsection (b) of such section 826 is amended by inserting "(other than so much of such fund as relates to payments from the

42 USC 297e.

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[80 STAT.

revolving fund established by section 8 2 7 (d)) " after "loan fund established pursuant to such agreement". Effective Date

42 us^c 297^1

(e)(1) The amendments made by this section shall be effective in the case of payments to student loan funds made after the enactment of this Act, except in the case of payments pursuant to commitments (made prior to enactment of this Act) to make loans under section 827 of the Public Health Service Act as in effect prior to the enactment of this Act. (2) The Secretary of Health, Education, and Welfare is authorized, at the request of any institution, to take such steps as are necessary to convert a Federal capital contribution (which shall include the amount allocated to it under section 8 2 2 (b)(2)(A) of the Public Health Service Act) to a student loan fund of such institution, made under title VIII of the Public Health Service Act from funds appropriated pursuant thereto for the fiscal year ending June 30, 1967, to a loan under section 827 of such Act as amended by this Act. CONFORMING AMENDMENT TO THE FEDERAL N A T I O N A L MORTGAGE ASSOCIATION CHARTER ACT

f2 USC' 17X7

SEC. 7. Section 302(c)(2)(B) of the Federal National Mortgage Association Act is amended to read as follows: " (B) The Department of Health, Education, and Welfare, but only with respect to loans made by the Commissioner of Education for construction of academic facilities, and loans to help finance student loan programs." TRANSFER A B I L I T Y OF C O N S T R U C T I O N G R A N T S: O P P O R T U N I T Y GRANTS FOR N U R S I N G EDUCATION

78 Stat. 908. 42 USC 29 6.

2 42 USC 296gg

SEC. 8. (a) Section 801 of the Public Health Service Act is amended by adding at the end thereof the following new sentence: "Notwithstanding any other provision of this title, whenever the Surgeon General determines that any part of any amount appropriated, for any fiscal year, to carry out the purposes of either paragraph (1) or paragraph (2) of subsection (a) will not likely be utilized for such purposes during such year, he shall transfer such part to the amounts which are appropriated to carry out the purposes of the other such paragraph, if he has reason to believe that such part can be used for such purposes." (^y rp-^jg y j j j ^f ^j^^ Public Health Service Act is further amended by adding at the end thereof the following: " P A R T D — O P P O R T U N I T Y GRANTS FOR NURSING EDUCATION "STATEMENT OF PURPOSE AND APPROPRIATIONS AUTHORIZED

"SEC. 861. (a) I t is the purpose of this part to provide, through schools of nursing (as defined in section 843(b)), nursing educational opportunity grants to assist in making available the benefits of nursing education to qualified high school graduates of exceptional financial need, who for lack of financial means of their own or of their families would be unable to obtain such benefits without such aid. " (b) There are hereby authorized to be appropriated $3,000,000 for the fiscal year ending June 30, 1967, $5,000,000 for the fiscal year ending June 30, 1968, and $7,000,000 for the fiscal year ending June 30, 1969, to enable the Secretary to make payments to schools of nursing

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