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[84

STAT.

' " C H I L D R E N I N SCHOOLS ON RESERVATIONS

Ante,

p. 151.

81 Stat. 816. 20 USC 880b.

20 USC 880b-4.

"SEC. 706. (a) For the purpose of carrying out programs pursuant to this title for individuals on reservations serviced by elementary and secondary schools operated on such reservations for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any such school and which is approved by the Commissioner for the purposes of this section, may be considered to be a local educational agency as such term is used in this title, for elementary and secondary school programs to carry out the policy of section 702 with respect to individuals on reservations serviced by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for that purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines wnll best carry out the policy of section 702." (b) Section 707(a) of such Act (as redesignated by this Act) is amended by inserting the following before the period at the end thereof: "or, in the case of payments to the Secretary of the Interior, an amount determined pursuant to section 706(b)", INCREASE I N M E M B E R S H I P O F ADVISORY COMMITTEE ON THE EDUCATION OF B I L I N G U A L C H I L D R E N
 * '(b) From the sums appropriated pursuant to section 703, the Commissioner may also make payments to the Secretary of the Interior

20 USC 880b-5.

SEC, 153, Section 708(a) of the Elementary and Secondary Education Act of 1965 as redesignated by this Act, is amended (1) by striking out "nine" and inserting in lieu thereof "fifteen", and (2) by striking out "four" and inserting in lieu thereof "seven". PART F — AMENDMENTS TO TITLE VIII SECONDARY EDUCATION ACT OF 1965 EXTENSION

O F si:CTi0N

807

THE ELEMENTARY AND (GENERAL PROVISIONS)

OF THE ELEMENTARY

EDUCATION

81 Stat. 806, !16. 20 USC 887.

or

ACT

OF

AND

SECONDARY

19(5.">

SEC. 161. Section 807(c) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "(c) For the purpose of carrying out the provisions of this section, there is hereby authorized to be appropriated $30,000,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, $31,500,000 for the fiscal year ending June 30, 1972, and $33,000,000 for the fiscal year ending June 30, 1973." DEFINITION OF "GIFTED AND TALENTED CHILDREN'

79 Stat. 55; 80 Stat. 1204; 81 Stat. 816. 20 USC 8 8 1.

SEC. 162. Section 801 of the Elementary and Secondary Education Act of 1965 (relating to definitions) is amended by adding at the end thereof the following: "(1) The term 'gifted and talented children' means, in accordance with objective criteria prescribed by the Commissioner, children who have outstanding intellectual ability or creative talent the development of which requires special activities or services not ordinarily provided by local educational agencies."

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PUBLIC LAW 91-230-APR. 13, 1970 REVISION

OF FEDERAL ADMINISTRATION

153

SECTION

SEC. 163. Section 803(c) of the Elementary and Secondary Education Act of 1965 is amended by striking out " (1) " and by striking out i204;^8l'stat!^8i6 everything after "by such other departments and agencies" and insert- 20 USC 883. ing m lieu thereof a period and the following: "Federal departments and agencies administering programs which may be effectively coordinated with programs carried out under this Act or any Act amended by this Act, including community action programs carried out under 81 Stat. 690. title II of the Economic Opportunity Act of 1964, shall, to the fullest 42 USC 2781extent permitted by other applicable law, carry out such programs 28^7.'" in such a manner as to assist in carrying out, and to make more effective, the programs under this Act or any Act amended by this Act." SCHOOL NLT^RITION A N D H E A L T H SERVICES AND RESEARCH I N CORRECTION EDUCATION SERVICES

SEC. 164. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by adding to the end thereof the following 8o^stat^\'204'new sections: 8istat!8i6.' 20 USC 881" G R A N T S FOR DEMONSTRATION P R O J E C T S TO IMPROVE SCHOOL N U T R I T I O N A N D H E A L T H SERVICES FOR C H I L D R E N FROM L O W - I N C O M E

FAMILIES

"SEC. 808. (a) The Secretary shall carry out a program of making grants to local educational agencies and, where appropriate, nonprofit private educational organizations, to support demonstration projects designed to improve nutrition and health services in public and private schools serving areas with high concentrations of children from lowincome families. " (b) Funds appropriated pursuant to subsection (d) shall be available for grants pursuant to applications approved under this section to pay the cost of (1) coordinating nutrition and health service resources m the areas to be served by a demonstration project supported under this section, (2) providing supplemental health, nutritional, mental health, and food services to children from low-income families when the resources for such services available to the applicant from other sources are inadequate to meet the needs of such children, (3) nutrition and health education programs designed to train professional and other school personnel to provide nutrition and health services in a manner which meets the needs of children from low-income families for such services, and (4) the evaluation of projects assisted under this section with respect to their effectiveness in improving school nutrition and health services for such children. "(c) Applications for a grant under this section shall be submitted at such time, contain such information, and be consistent with such criteria as the Secretary may require by regulation. Such applications shall provide for— "(1) the use of funds available under this section and the coordination of health care facilities and resources and such nutrition resources as may be available to the applicant in order to insure that a comprehensive program of physical and mental health and nutrition services are available to children from lowincome families in the area to be served; " (2) the development of health and nutrition curriculum materials related to the specific needs of persons involved with the project and to new and improved approaches to health services and food technology;

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Appropriation.

[84

STAT.

•'(3) the training of (A) school administrators, teachers, and school health and nutrition personnel in order to assist them in meeting the health and nutritional needs of children from lowincome families, and (B) professional and subprofessional personnel for service in school nutrition and health programs; and "(4) adequate provision for evaluation of the project. " (d) For the purpose of making grants under this section there are hereby authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1970, $10,000,000 for the fiscal year ending June 30, 1971, $16,000,000 for the fiscal year ending June 30, 1972, and $26,000,000 for the fiscal year ending June 30, 1973. "RESEARCH

AND DEMONSTRATION PROJECTS SERVICES

IN

CORRECTION

EDUCATION

"SEC. 809. (a) The Commissioner is authorized to make grants to State and local educational agencies, institutions of higher education, and other public and private nonprofit research agencies and organizations for research or demonstration projects, relating to the academic and vocational education of antisocial, aggressive, or delinquent persons, including juvenile delinquents, youth offenders, and adult criminal offenders, including the development of criteria for the identification for specialized educational instruction of such persons from the general elementary and secondary school age population and special curriculums, and guidance and counseling programs. All projects shall include an evaluation component. "(b) The Commissioner is authorized to appoint such special or technical advisory committees as he may deem necessary to advise him on matters of general policy relating to the education of persons intended to be benefited by this section, and shall secure the advice and recommendations of the Director, Bureau of Prisons, of the Director, Office of Juvenile Delinquency and Youth Development, the Director of the Teacher Corps, the head of the National Institute of Law Enforcement and Criminal Justice, the Administrator of the Law Enforcement Assistance Administration, and such other persons and organizations as he, in his discretion, deems necessary before making any grant under this section." TITLE II — AMENDMENTS TO P U B L I C L A W S 815 AND 874 O F THE E I G H T Y - F I E S T CONGRESS ( I M P ACT E D A R E A S PROGRAMS) E X T E N S I O N o r THE IMPACTED AREAS PROGRAMS

72 Stat. 548;

81 Stat. 813. 20 USC 633. 20 USC 645.

20

use

237-

239.

8 1 Stat. 810.

,

20

i

^°

use use

646, 241-1

S E C 201. (a)(1) Section 3 of the Act of September 30, 1950 (Public Law 815, Eighty-first Congress), is amended by striking out "June 30, 1970" and inserting in lieu thereof "June 30, 1973". (2) Section 15(15) of such Act is amended by striking out "19651966" and inserting in lieu thereof "1968-1969". (b) Sections 2(a), 3 (b), and 4(a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), are each amended by striking out "1970" wherever it appears and inserting in lieu thereof "1973". (c) Section 16(a)(1) (A!) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), and section 7(a)(1)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), are each amended by striking out "July 1, 1970" and inserting in lieu thereof "July 1, 1973."

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PUBLIC LAW 91-230-APR. 13, 1970 CERTAIN REFUGEE

155

CHILDREN

SEC. 202. (a) Section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out the second sentence and inserting in lieu thereof the following: "In the case of fiscal years ending prior to July 1, 1973, 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 the schools of a local educational agency and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent who was, at any time during the three-year period immediately preceding the fiscal year for which the determination is made, a refugee who meets the requirements of section 2(b)(3)(A) and (B) of the Migration and Refugee Assistance

6? Stat. 530; 20 USC 238.

t-^ <:

,,., <

Act of 1962.".

76 Stat. 121.

(b) Section 3(c)(2) of such Act is amended (1) by inserting before "subsection (b) " both times it appears the following: "the first sentence of", and (2) by inserting after "to whom such subsection" the following: "or such sentence". (c) Section 3(c) of such Act is amended by inserting after paragraph (2) the following new paragraph: "(3) No local educational agency shall be entitled to receive any payment for a fiscal year with respect to a number of children determined under the second sentence of subsection (b) unless the number of children who were in average daily attendance to whom such sentence applies amounts to 20 per centum or more of the number of children who were in average daily attendance during such year and for whom such agency provided free public education, but in determining the number of such children under such second sentence no child shall be counted with respect to whose education a payment was made under section 2(b)(4) of the Migration and Refugee Assistance Act of 1962."

yj "ta^ ^giV.' ^

•

..:

79 Stat. 1161.

INCLUSION or CHILDREN RESIDING IN LOW-RENT PUBLIC HOUSING AS FEDERALLY CONNECTED C H I L D R E N

SEC. 203. (a)(1) The second sentence of section 15(1) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by striking out "and (B) " and inserting in lieu thereof " (B) any low-rent housing (whether or not owned by the United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937, and (C)". (2) The fourth sentence of such section 15(1) is amended (A) by striking out the comma before " (B) " and inserting in lieu thereof "and", and (B) by striking out all that follows "postal services" and inserting in lieu thereof a period. (3) Section 5(c) of such Act is amended by striking out the colon and all that follows and inserting in lieu thereof a period and the following: "In determining the eligibility of a local educational agency under this subsection and in determining the number of federally connected children who are in the average daily membership of the schools of such agency during a base year and in estimating the increase since the base year in the number of such children under subsection (a), children residing on any housing property (whether or not owned by the United States), which is part of a low-rent housing project assisted under the United States Housing Act of 1937, shall not be considered as having been federally connected during the base year if such housing project was begun after the base year 19641965.".

72 Stat. 5S6. 20 USC 645.

J^ J'^^^- f^^^

^^ Stat. 549.

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

67 Stat. 534.

(b)(1) The second sentence of section 303(1) of the Act of Septeml)er 30, 1950 TPublic Law 874, Eighty-Hrst Congress), is amended by striking out, and (C) ' ' and inserting in lieu thereof ", (C) any lowrent housing (whether or not owned by the United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937, section 516 of the Housing Act of 1949, or part B of title III of the Economic Opportunity Act of 1964, and (D) ". (2) The fourth sentence of such section 303(1) is amended by striking out " (A) any real property used for a labor supply center, labor home or labor camp for migratory workers, (B) " and by striking out all that follows "postal services" and inserting in lieu thereof a period. (c)(1) The amendments made by subsections (a) and (b) shall be effective after June 30, 1970. (2) For the purposes of section 5 of such Act of September 23, 1950, the number of children in the membership of a local educational agency residing in a low-rent housing project assisted under the United States Housing Act of 1937 during the years of the base period preceding the effective date provided in paragraph (1) shall be determined by the Commissioner on the basis of estimates. (^3^ Section 3 of such Act of September 23, 1950, is further amended by inserting at the end thereof the following new sentence: "Such order of priority shall provide that applications for payments based upon increases in the number of children residing on, or residing with a parent employed on, property which is part of a low-rent housing project assisted under the United States Housing Act of 1937 shall not be approved for any fiscal year until all other applications under paragraphs (2) and (3) of subsection (a) of section 5 have been approved for that fiscal year."'. (4) Subsection (c) of section 5 of such Act of September 30, 1950,

20 USC 2 4 0.

•

81 Stat. 806. 20 USC 244.

50 Stat. 888. 42 USC 1430. 78 Stat. 797. 42 USC 1486. 81 Stat. 709. 42 USC 28612864. Effective date 72 Stat. 549. 20 USC 635.

20 USC 633.

1

1 J.

1

J!

n

IS amended to read as lollows: "ADJUSTMENTS W^HERE NECESSITATED BY APPROPRIATIONS

20 USC 238.

20 USC 241,

"(c)(1) If the funds appropriated for any fiscal year for making payments under this title are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies will be entitled to receive under this title for such year, the Commissioner (A) shall determine the part of the entitlement of each such local educational agency which is attributable to determinations under subsections (a) and (b) of section 3 of the number of children who resided on, or resided with a parent employed on, property which is part of a low-rent housing project assisted under the United States Housing Act of 1937, section 516 of the Housing Act of 1949, or part B of title III of the Economic Opportunity Act of 1964, and (B) except as otherwise provided in paragraph (3), shall allocate such funds, other than so much thereof as he estimates may be required for carrying out the provisions of section 6, among sections 2, 3, and 4(a) in the proportion that the amount he estimates to be required under each such section bears to the total estimated to be required under all such sections, except that he shall not take into consideration any part of any entitlement determined under clause (A). The amount so allocated to any such section shall be available for payment of a percentage of the amount to which each local educational agency is entitled under such section. Such percentage shall be equal to the percentage which the amount allocated to a section under the second sentence of this paragraph is of the amount to which all such agencies are entitled under such section. For the purposes of this paragraph, in determining the amount to which each local educational agency is entitled under section 3 he shall include any increases under paragraph (4) of subsec-

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PUBLIC LAW 91-230-APR. 13, 1970

157

rion (c) thereof; but he shall exclude any part of -.xny entitlement determined under clause (A) of this paragraph. "(2) If the funds available for allocation under paragraph (1) for any fiscal year exceed the amount necessary to fully satisfy entitlements for which allocations will be made under such paragraph, that excess shall be available for payment of a percentage of that part of the entitlement of each local educational agency determined under clause (A) of paragraph (1). Such percentage shall be equal to the percentage which the amount of such excess is of the total amount to which all such agencies are so entitled. "(3) All funds appropriated for making paynients under this title for any fiscal year shall be allocated in the manner specified in paragraphs (1) and ('•2), unless an Act making appropriations for making payments under this title for any fiscal year specifically makes funds available for payments on the basis of entitlements determined under clause (A) of paragraph (1), apart from other payments under this title, in which case, if the funds so appropriated are not sufficient to pay in full the total amount to which all local educational agencies are so entitled, such funds shall be available for nuiking payments in the manner specified in paragrajih (2) respecting allocations of any excess appropriations. "(4) In case the amovmt allocated to a section under paragraph (1) for a fiscal year exceeds the total to which all local educational agencies are entitled under such section for such year or, in case additional funds become available for making payments under this title, the excess or such additional funds, as the case may be, shall be allocated among sections for which previous allocations are inadequate, on the same basis as is provided in paragraphs (1). (2), and (3) for the initial allocation." MINIMUM E L I G I B I L I T Y R E Q I ' I R E M E X T FOR P I H L I C LAW

815

SEC. 204, (a) The first sentence of section 5(c) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended by section 203(a)(3) of this Act, is amended to read as follows: o^"J^' ^:..\^^'' Post, p. 254. "(c) A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1), (2), or (3) of subsection (a) unless the increase in children referred to in such paragraph, prior to the application of the limit^ition in subsection (d) is at least twenty and— " (1) in the case of paragraph (1) or (2), is— " (A) equal to at least 10 per centum of t)u' number of all children who were in the average daily membership of the schools of such agency during the base year, or " (B) at least one thousand five hundred, whichever is the lesser; and " (2) in the case of paragraph (3), is— " (A) equal to at least 10 per centum of the number of all children who were in the average daily membership of the schools of such agency during the base year, or " (B) at least two thousand five hundred, whichever is the lesser: Provided. That no local educational agency shall be regarded as eligible under this paragraph (2) uriless the Commissioner finds that the construction of additional minimum school facilities for the number of children in such increase will impose an undue financial burden on the taxing and borrowiuir authority of such acencv.''

47-348 O - 72 - 14 (Pt. 1)

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

(^^ Section 5(d) of such Act is amended by inserting before the period at the end of the first sentence thereof the following: ", except that the number of children counted for the purposes of paragraph (1) or (2) of subsection (a) shall not be reduced by more than one thousand five hundred and that the number of children counted for the purposes of paragraph (3) of subsection (a) shall not be reduced by more than two thousand five hundred". SCHOOL CONSTRUCTION ASSISTANCE W H E R E THE I M M L P N I T Y OF CERTAIN FEDERAL PROPERTY FROM l A X A T I O N CREATES A S U B S T A N T I A L AND CONT I N U I N G I M P A I R M E N T OF THE A B I L I T Y TO F I N A N C E NEEDED SCHOOL FACILITIES

S E C 205. (a) Section 14 of the Act of September 23, 1950 (Public 72 Stat. 555s Law 815, Eighty-fipst Congress), is amended by redesignating sub^^2^) usc*6^44. sections (c), (d), (e), and (f) of such subsection, and all references thereto, as subsections (d), (e), (f), and (g), respectively, and inserting after subsection (d) the following new subsection: "(c) If the Commissioner determines with respect to any local educational agency— "(1) that (A) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide, free public education for children who are inadequately housed by minimum school facilities and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this Act, and (B) the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education, and (C) Federal property constitutes a substantial part of the school district of such agency, " (2) that the immunity of such Federal property from taxation by such agency has created a substantial and continuing impairment of such agency's ability to finance needed school facilities, "(3) that such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance for the purpose, and ^ "(4) that such agency does not have sufficient funds available to it from other Federal, State, and local sources to provide the minimum school facilities required for free public education of a substantial percentage of the children in the membership of its, schools, he may provide the assistance necessary to enable such agency to provide minimum school facilities for children in the membership of the schools of such agency whom the (Commissioner finds to be inadequately housed, upon such terms and conditions, and in such amounts (subject to the applicable provisions of this section) as the Commissioner may consider to be in the public interest. Such assistance may not exceed the portion of the cost of such facilities which the Commissioner estimates has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this Act or any other law. Notwithstanding the provisions of this subsection, the Commissioner may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and aAoid defeating the purposes of this subsection." ".fmS'^U

ti'H/ri V) T l: M'li! jfM. ~:Mi;7/-<vnf}«1

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159

DEC1.ARATIX OF TOLICY WITH UESPECT lO SCHOOL CONSTRICTION ASSISTANCE FOR INDIAN CHILDREN

SEC. 206. Section 14 of the Act of September 23, 1950 (Public Law 815, Eiglity-first Congress), relatino- to public schools with children residing on Indian lands, is further amended by inserting at the end thereof the following: " (h) It is hereby declared to be the policy of the Congress that the provision of assistance pursuant to subsections (a) and (b) of this section shall be given a priority at least equal to that given to payments made pursuant to section 10 of this Act."

Ante. p. iss.

so sm. m s.

TITLE 111—AMENDMENTS TO THE A D U L T EDIX^VTION A ( T OV 1966 EXTENSION AND REVISION OF THE ADULT EDUCATION ACT OK !!»(!(!

SEC. 301. Effective on and after July 1, 1969, title III of the Elementary and Secondary Education Amendments of 1966 (the Adult PMucation Act of 1966) is amended to read as follows: '

^^ ^

^^,„.

so Stat. 12le. 20 USC 1201

" TITLE III — A D U L T EDUCxVTlON ''SHORT TITLE

'\SEC.

301. This title may be cited as the 'Adult Education Act'. " STATEMENT OF ]•! RPOSE

"SEC. 302. I t is the purpose of this title to expand educational opportunity and enc(nirage the establishment of programs of adult public education that will enable all adults to continue their education to at least the level of completion of secondary school and make available the means to secure training that will enal)le them to become more employable, productive, and responsible citizens. "DEFINITIONS

"SEC. 303. As used in this title— "(a) The term 'adult' means any individual who has attained the age of sixteen. "(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 ]iroviding secondary education and who have not achieved an equivalent level of education, and "(2) are not currently required to be enrolled in schools. ''(c) The term 'adult basic education' means adult 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 inabilit}^ 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 profitab1e employment, and to making them better able to meet their adult responsibilities. " (d) The term 'Connnissiouer' means the Connnissioner of Education.

citation of title.

Z,;; j ^

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79 Stat. 56; 81 Stat. 816. 20 USC 881.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

"(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 Hico, 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 purpose 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. " (h) The term 'academic education' means the theoretical, the liberal, the speculative, and classical subject matter found to compose the curriculum of the public secondary school. "(i) The term 'institution of higher education' means any such institution as defined by section 801(e) of the Elementary and Secondary Education Act of 1965. "GRANTS TO STATJ:S FOR ADULT EDUCATION

"SEC. 304. (a) From the sums appropriated pursuant to section 312, 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 (1) the establishment or expansion of adult basic education programs to be carried out by local educational agencies and private nonprofit agencies, and (2) the estaliishment or expansion of adult education programs to be carried out by local educational agencies and private nonprofit agencies. ii

ALLOTMENT

FOR ADULT

EDUCATION

"SEC. 305. (a) From the sums available for purposes of section 304(b) for any fiscal year, the Commissioner shall allot (1) 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, and (2) $150,000 to each State. 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 of adults who do not have a certificate of graduation from a school providing secondary education (or its equivalent) and who are not currently required to be enrolled in schools 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 State

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PUBLIC LAW 91-230-APR. 13, 1970

plan approved under this title shall be available for reallotment from time to time, on such dates during such period as the Commissioner shall 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 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 PLANS

"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 affords 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 antipoverty effort; "(6) provide that such agency will make such reports to the Reports. 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 Records. 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 private nonprofit agencies); "(8) provide that special emphasis be given to adult basic education programs except where such needs can be shown to have been met in the State; and "(9) provide such further information and assurances as the Commissioner may by regulation require. " (b) The Commissioner shall not finally disapprove any State plan Hearing submitted under this title, or any modification thereof, without first °pp°'"'""''yaffording the State educational agency reasonable notice and opportunity for a hearing.

1(31

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

'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, The Federal share for each State shall be 90 per centum, except that with respect to the Trust Territory of the Pacific Islands such Federal share shall be 100 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 tlian the amount expended for such purposes from such sources during the precedingfiscal year, but no State shall be required to U;:e its funds to supplant any portion of the Federal share. "OPERATION OF STATE PLANS; HEAPVINGS AND JUDICIAL REVIEW

Noncompliance. "SEC. 308. (a) Wlieiiever the Commissioner, after reasonable notice payments'."" ° aud opportuuity 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 Sta'^e 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 he 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 United 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 72 Stat. 941; Code. Upon the filing of such petition, the court shall have jurisdiction 80 Stat. 1323. ^^ 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 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 1254 of title 28, United 62 Stat. 92 8. States 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.

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Fitzgerald with the courtesy title of Lord Offaly. On 20 Feb. 1744 he succeeded his father as twentieth earl of Kildare, and in the rebellion of the following year he offered to raise a regiment at his own expense to serve against the Pretender. He was sworn of the Irish privy council in 1746, and on 1 Feb. 1747 he received a seat in the English House of Lords as Viscount Leinster of Taplow, Buckinghamshire, an estate belonging to his uncle, the Earl of Inchiquin. This peerage was conferred on Kildare on the occasion of his marriage with Lady Emily Lennox, second daughter of Charles, second duke of Richmond, and sister of Lady Holland, Lady Louisa Conolly, and Lady Sarah Napier, which took place on 7 Feb. 1747. Kildare after his marriage took an active part in Irish politics; he built Leinster House in Dublin, and exercised a princely hospitality; and from his wealth, high birth, and influential family connections, soon formed a powerful party. This party followed implicitly all the directions of Kildare, who pursued an intermediate policy between the radical ideas of Speaker Boyle (afterwards Earl of Shannon) [see, 1682-1764] and his friends, and the ministerialists, headed by the primate, George Stone, archbishop of Dublin. Stone was an especial object of hatred to Kildare, who in 1754 sent a most violent protest to the king, attacking the primate's nomination to be a lord deputy during the absence of the lord-lieutenant, and declaring the inalienable right of the Irish parliament to dispose of unappropriated sums of money when voted in excess of the ministerial demands. Stone's chief supporter, the Duke of Dorset, was at once recalled; the primate was struck out of the Irish privy council; and the Marquis of Hartington, a personal friend of Kildare's, was appointed lord-lieutenant. The Irish people, or perhaps it is more correct to say the population of Dublin, were delighted at the earl's behaviour; a medal was struck in his honour, and he remained until the day of his death one of the most popular noblemen in Ireland. He justified the confidence of the English ministry by bringing round the speaker and Richard Malone, the chancellor of the Irish exchequer, to the support of the Irish administration, and in 1756 he accepted the post of lord deputy. In 1758 he was made master-general of the ordnance in Ireland, in March 1760 he raised the Royal Irish regiment of artillery, of which he was appointed colonel, and on 3 March 1761 he was created Earl of Offaly and Marquis of Kildare in the peerage of Ireland. Five years later he received the final step in the peerage. There were at that time no Irish dukes, and the marquis was eager to maintain his precedence over all Irish noblemen. The king promised that he should be created a duke whenever an English duke was made, and in compliance with this promise, when Sir Hugh Smithson-Percy, Earl Percy, was promoted to be Duke of Northumberland, Kildare was created Duke of Leinster in the peerage of Ireland on 16 March 1766. After this last promotion he began to take less part in politics, but in 1771 he drew up and signed a protest in the Irish House of Lords against the petition of the majority of the Irish parliament for the continuance of Lord Townshend in the office of lord-lieutenant. The duke died at Leinster House, Dublin, on 19 Nov. 1773, and was buried at Christ Church in that city. He left a large family, among whom the most notable were William Robert [q. v.], who succeeded as second duke of Leinster; Charles James, a distinguished naval officer, who was created Lord Lecale in the peerage of Ireland; Lord Henry Fitzgerald, who married Charlotte, baroness De Ros in her own right; Lord Edward Fitzgerald, the rebel [q. v.]; and Lord Robert Stephen Fitzgerald, a diplomatist of some note, who was minister ad interim in Paris during the early years of the French revolution, and afterwards British representative at Berne. [The Marquis of Kildare's Earls of Kildare and their Ancestors from 1057 to 1773, Dublin, 1858.]  FITZGERALD, JAMES (1742–1835), Irish politician, descended from the family of the White Knight [see Fitzjohn], was younger son of William Fitz- gerald, an attorney of Ennis, and younger brother of Maurice Fitzgerald, clerk of the crown for Connaught. He was born in 1742, and educated at Trinity College, Dublin, where he greatly distinguished himself. In 1769 he was called to the Irish bar, and he soon obtained a large practice, and won a great reputation both as a sound lawyer and an eloquent pleader. In 1772 he entered the Irish House of Commons as member for Ennis; in 1776 he was elected both for Killibegs and Tulsk in Roscommon, and preferred to sit for the latter borough; in 1784 and 1790 he was re-elected for Tulsk, and in 1798 he was chosen to represent the county of Kildare in the last Irish parliament. His eloquence soon made him as great a reputation in the Irish parliament as at the Irish bar, and he was recognised as one of the leading orators in the days of Grattan and Flood. Though an eloquent speaker, Fitzgerald was not much of a statesman; he, however, supported all the motions of the radical party, and in 1782 he made his


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 84

STAT. ] "SPECIAL

163

PUBLIC LAW91-230-APR. 13, 1970 EXPERIMENTAL

DEMONSTRATION TRAINING

PROJECTS

AND

TEACHER

"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 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 make provision for training persons engaged, or preparing to engage, as personnel in adult education programs designed to carry out the purposes of this title, including the payment of such stipends and allowances (including traveling and subsistence expenses, if any, for such persons and their dependents) as the Commissioner may determine by regulation. The Commissioner may provide such training directly or by contract or he may provide for such training by making grants to institutions of higher education. State or local educational agencies, or other appropriate public or private agencies or organizations.

Special project grants.

Adult education training.

Contract authority.

a N A T I O N A L ADVISORY C O U N C I L ON ADUI.T EDUCATION

"SEC. 310. (a) The President shall appoint a National Advisory Council on Adult Education (hereinafter in this section referred to as the'Council'). "(b) The Council shall consist of fifteen 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 education, and persons representative of the general public. The Council shall meet initially at the call of the Commissioner and elect from its number a chairman. The Council will thereafter meet at the call of the chairman, but not less often than twice a year. "(c) The Council 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 programs under this title and other programs offering adult education activities and services. " (d) The Council shall review the administration and effectiveness of programs under this title, make recommendations with respect thereto, and make annual reports to the President of its findings and recommendations (including recommendations for changes in this

Members.

Duties.

Program evaluation. Reports to P r e s i d e n t and Congress.

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

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 reconmiendations. The Secretary of Health, Education, and AVelfare shall coordinate the work of the Council with that of other related advisory councils. ''LlMrrATlON

Grants, sec''SKC. Ml. Xo gTaut uuiy be made under this title for any educational lTr!^Z^^I^^tl^'^ proa-ram, activity, or service related to sectarian instruction or reliprograms, pro-

i ^ tr^

'

^

J 7

• i i i

^

-i- • •

hibition.

jrious worshii), or provided by a school or department of divniity. For purposes of this section, the term 'school or department of divinity" means an institution or a department or branch of an institution whose pro^jram 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. "APl'ROrKlATIONS AUTHORlZKn

312. (a) There are authorized to be appropriated $16,,(H) for the fiscal year ending June 30, 1970, $200,000,000 for the fiscal year ending June 30, 1971, and $225,000,000 for each of the fiscal years ending June 30, 1972, and June 30, 1973, for the purposes of this title. "(b) There are further authorized to be appropriated for each such fiscal year such sums, not to exceed 5 per centum of the amount appropriated pursuant to subsection (a) for such year, as may be necessary to pay the cost of the administration and development of State plans, and other activities required pursuant to this title." 'VSEC.

APPOINTMENT OF MEMBEHS OF N A T I O N A L ADVISORY C H) r X ( ' l L

ON

A D I ' L T EDUCATION

SEC. 302. Meml)ers of the National Advisory Council on Adult Fducation shall be appointed within ninety days after the date of enactment of this Act. TITLE IV — AMENDMENTS TO TITLE IV O F PUBLIC^ L A W 90-247 GENERAL 1*R V1SIO N S

81 Stat. 814; 20 USC 1221-

SEC. 401. (a) Title IV of the Elementary and Secondary Education Amendments of 19(i7 is amended in the following respects: (1) The heading of such title is amended to read as follows:

1226.

" TITLE IV — C E N E R A L PROVISIONS CONCERNING EDCCWTION''. (2) Section 401 of such title is amended— (A) by adding at the end of the caption head "; DEFiNrnoNs; AppROPRiAiTONS; S H O R TITLE ", and

(B) by inserting " (a) " after "SEC. 401.'' and adding at the end thereof the following new subsections: "(b) For the purposes of this title, the term— " (1) 'Commissioner* means the (Commissioner of Education; " (2) 'Secretary' means the Secretary of Health, PMucation, and "Welfare; and "(3) 'applicable program' means a program to which this title is applicable.

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 84 STAT. ]

165

PUBLIC LAW 91-230-APR. 13, 1970

"(c) There are hereby authorized to be appropriated for any fiscal year, as part of the appropriations for salaries and expenses for the Office of Education, such sums as the Congress may determine to be necessary to carry out the provisions of this title. •'(d) This title may be cited as the 'General Education Provisions Act'.". (3) Section 402 of such title is amended to read as follows:

Appropriation.

Citation of title. 81 Stat. 814. 20 USC 1222.

'"PROGKAM P L A N N I N G A N D EVALUATION

402. (a) Sums appropriated pursuant to section 401(c) may include for any fiscal year for which appropriations are otherwise authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) planning for the succeeding year for any such program, and (2) evaluation of such programs. " (b) No later than July 31 of each calendar year, the Secretary shall transmit to the respective committees of the Congress having legislative jurisdiction over any applicable program a report containing (1) a brief description of each contract or grant for evaluation of such program or programs (whether or not such contract or grant was made under this section), any part of the performance of which occurred during the preceding fiscal year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant." (4) Section 403 of such title is amended by striking out "Act referred to in section 401" and inserting in lieu thereof "applicable program" and by striking out "under any such Act" and inserting in lieu thereof "under such program". (5) Sections 404 and 405 of such title are amended by striking out "Act referred to in section 401" and inserting in lieu thereof "applicable program". (6) Section 404 of such title is amended— (A) in the caption head thereof, by striking out "AND" and inserting in lieu thereof a semicolon and by inserting "CONTINCJENT •'SEC.

EXTENSION

or

EXPIRING

APPROPRIATION

AUTHORITY"

at

the

Supra.

Report to congressional committees.

20 USC 1223.

20 USC 1224, 1225.

Cud

thereof; and (B) by inserting at the end thereof the following new subsection: "(c) T^nless the Congress— "(1) in the regular session in which a comprehensive evaluation report required by subsection (b) is submitted to Congress, has passed or formally rejected legislation extending the authorization for appropriations tlien specified for any title, part, or section of law to which such evaluation relates, or "(2) prior to July 1, 1973, by action of either House approAes a resolution stating that the provisions of this subsection shall no longer apply, such authorization is hereby automatically extended, at the level specified for the teiTninal year of such authorization for one fiscal year beyond such terminal year, as si^ecified in such legislation.". (7) Section 405 of such title is amended by inserting "loans," after •'grants,", (8) Section 405 of such title is further amended by inserting " (a) " after "SEC. 405." and by inserting at the end thereof the following new subsection: " (b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is

Availability of funds.

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Fitzgerald most famous speech in proposing a certain measure of catholic relief. In that year he married Catherine, younger daughter of the Rev. Henry Vesey, who was grandson of John Vesey, archbishop of Tuam, and cousin of Lord Glentworth, ancestor of the Viscounts de Vesci. Fitzgerald never sought political office, but he eagerly accepted professional appointments, which helped him at the bar. He thus became in rapid succession third Serjeant in 1779, second Serjeant in 1784, and prime Serjeant in 1787. In all the debates which preceded the final abolition of the independent Irish parliament Fitzgerald distinguished himself. He opposed the project of the union with all his might, and he was certainly disinterested in his cause, for in 1799 he was dismissed from his post of prime serjeant to make way for St. George Daly, who had been converted to the unionist policy. The Irish bar insisted on showing their respect for him, and continued to give him the precedence in court over the attorney-general and solicitor-general which he had held as prime serjeant. When the union was carried Fitzgerald accepted it, and he sat in the imperial parliament for Ennis from 1802 to February 1808, when he resigned the seat to his son, William Vesey Fitzgerald. He, however, was re-elected in 1812, but again resigned in January 1813, when he finally retired from politics. His name, like his son's [see, 1783-1843], was unfortunately mixed up in the Mary Anne Clarke scandal with the Duke of York. This son, who was thoroughly reconciled to the union, held many important political offices, and in recognition of his services his mother was created Baroness Fitzgerald and Vesey on 31 July 1826, when James Fitzgerald himself refused a peerage. James Fitzgerald died at Booterstown, near Dublin, on 20 Jan. 1835, aged 93 ; the baroness had predeceased him 3 Jan. 1832. His youngest son, , was dean of Emly (1818-26), and dean of Kilmore from 1826 till his death, on 30 March 1860. He succeeded his eldest brother as third Lord Fitzgerald and Vesey in 1843. [Gent. Mag. March 1835; Blue Book of the Members of the House of Commons ; Blacker's Booterstown, pp. 241-3 ; Sir John Barrington's Memoirs of the Union ; Grattan's Life of Henry Grattan; Hardy's Life of the Earl of Charlemont.]  FITZGERALD, JOHN, first. [See, d. 1316.]  FITZGERALD, JOHN (d. 1589), seneschal of Imokilly, was the son of Edmund Fitzmaurice Riskard, seneschal of Imokilly and Shylie, daughter of Maolrony O'Carroll. He was a prominent actor in the two great rebellions that convulsed Munster during 1563 to 1583. In 1569, being 'a principal communicator with James Fitzmaurice,' 'arch traitor' [q. v.], he was besieged in his castle of Ballymartyr by Sir Henry Sidney ; but after a stout defence, in which several of the besiegers were wounded, finding the place untenable, he 'and his company in the dead of night fled out of the house by a bog, which joins hard to the wall where no watch could have prevented their escape.' He continued to hold out with Fitzmaurice in the woods of Aharlow till February 1573, when he humbly submitted himself before Sir John Perrot in the church of Kilmallock, and was pardoned. In 1575 he accompanied Fitzmaurice to France, but returned to Ireland a few weeks afterwards. From that time till the date of Fitzmaurice's landing we hear nothing of him with the exception that on 16 Nov. 1576 he complained to the president of Munster, Sir William Drury, that the Earl of Desmond was coshering sixty horses and a hundred horse-boys on Imokilly, an incident quite sufficient to show how the wind was blowing meanwhile. Instantly on the arrival of Fitzmaurice in July 1579 he went into rebellion. An adept in all the stratagems of Irish warfare, and personally brave in carrying his schemes into execution, he became, after the death of the 'arch traitor,' the unquestionable, though not nominal, head of the rebellion. It was against him, and not the Earl of Desmond, that Ormonde mainly directed his efforts. More than once during that terrible struggle he was reported to have been slain. He was, indeed, once severely wounded and his brother killed, but he manifested no intention of submitting. In February 1581 he narrowly missed capturing Sir Walter Raleigh. In May 1583 his aged mother was taken and executed by Thomas Butler, tenth earl of Ormonde [q. v.] But it was not till 14 June, when he was reported to have not more than twenty-four swords and four horse, that he consented to recognise the hopelessness of his cause. His submission was accepted conditionally; but Ormonde, who greatly respected him for his bravery, pleaded earnestly with Burghley for his pardon. He was, he declared, a man 'valiant, wise, and true of his word.' Ever since his submission 'he and his people had been employed in order and husbandry.' Ormonde's intervention was successful so far as his life was concerned ; but as for his lands, that was to be left an open question. Thirty-six thousand acres of good land, which the undertakers had come to regard as their property,


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PUBLIC LAW 91-230-APR. 13, 1970

82 Stat. 1094. 20 USC 1226. Ante, p. 164.

[84 STAT.

applicable during any fiscal year, ending prior to July 1, 1973, which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year.". (9) Section 406 of such title is amended by inserting "and expenditure" after "obligation". (10) Such title is further amended by inserting after section 401 the following heading: "PART A—APPROPRIATIONS AND EVALUATIONS" and

by adding at the end thereof the following new parts: " P A R T B—GENERAL REQUIREMENTS AND CONDITIONS CONCERNING THE OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS; GENERAL AUTHORITY or THE COMMISSIONER OF EDUCATION "SUBPART 1—GENERAL AUTHORITY • ^ T

'

"DELEGATION OF AUTHORITY; UTILIZATION OF OTHER AGENCIES

"SEC. 411. (a) The Commissioner is authorized to delegate any of his functions under any applicable program, except the making of regulations and the approval of State plans, to any officer or employee of the Office of Education. " (b) I n administering any applicable program, 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 appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon. "COLLECTION AND DISSEMINATION OF INFORMATION

Report to Congress.

^^con^t_ract °"'^"

"SEC. 412. (a) The Commissioner shall— "(1) prepare and disseminate to State and local educational agencies and institutions information concerning applicable programs and cooperate with other Federal officials who administer programs affecting education in disseminating information concerning such programs; "(2) inform the public on federally supported education ^ *" programs; "(3) collect data and information on applicable programs for the purpose of obtaining objective measurements of the effectiveness of such programs in achieving their purposes; and " (4) prepare and publish an annual report (to be referred to as 'the Commissioner's annual report') on (A) the condition of education in the nation, (B) developments in the administration, utilization, and impact of applicable programs, (C) results of investigations and activities by the Office of Education, and (D) such facts and recommendations as will serve the purpose for which the Office of Education is established (as set forth in section 516 of the Revised Statutes (20 U.S.C. 1)). " (b) The Commissioner's annual report shall be submitted to the Cougrcss uot later than March 31 of each calendar year. The Commissioner's annual report shall be made available to State and local educational agencies and other appropriate agencies and institutions and to the general public. «(c) The CommissioiieT is authorized to enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section.

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 84 STAT. ]

PUBLIC LAW 91-230-APR. 13, 1970

167

• ' C A T A L O G o r FEDERAL EDUCATION ASSISTANCE PROGRAMS

"SEC. 413. The Commissioner shall prepare and make available in such form as he deems appropriate a catalog of all Federal education assistance programs whether or not such programs are administered by him. The catalog shall— "(1) identify each such program, and include the name of the program, the authorizing statute, the specific Federal administering officials, and a brief description of such program; (2) set forth the availability of benefits and eligibility restrictions in each such program; "(3) set forth the budget requests for each such program, past appropriations, obligations incurred, and pertinent financial information indicating (A) the size of each such program for selected fiscal years, and (B) any funds remaining available; "(4) set forth the prerequisites, including the cost to the recipient, of, receiving assistance under each such program, and any duties required of the recipient after receiving benefits; "(5) identify appropriate officials, in Washington, District of Columbia, as well as in each State and locality (if applicable), to whom application or reference for information for each such program may be made; "(6) set forth the application procedures; "(7) contain a detailed index designed to assist the potential beneficiary in identifying all education assistance programs related to a particular need or category of potential beneficiaries; "(8) contain such other program information and data as the Commissioner deems necessary or desirable in order to assist the potential program beneficiary to understand and take advantage of each Federal education assistance program; and "(9) be transmitted to Congress with the Commissioner's annual report. ' ' T E C H N I C A L ASSISTANCE

"SEC. 414. (a) For the purpose of carrying out more effectively Federal education programs, the Commissioner is authorized, upon request, to provide advice, counsel, and technical assistance to State educational agencies, institutions of higher education, and, with the approval of the appropriate State educational agency, elementary and secondary schools— "(1) in determining benefits available to them under Federal 1 aw; "(2) in preparing applications for, and meeting requirements of, applicable programs; "(3) in order to enhance the quality, increase the depth, or broaden the scope of activities under applicable programs; and "(4) in order to encourage simplification of applications, reports, evaluations, and other administrative procedures. "(b) The Commissioner shall permit local educational agencies to use organized and systematic approaches in determining cost allocation, collection, measurement, and reporting under any applicable program, if he determines (1) that the use of such approaches will not in any manner lessen the effectiveness and impact of such program in achieving purposes for which it is intended, (2) that the agency will use such procedures as will insure adequate evaluation of each of the programs involved, and (3) that such approaches are consistent with criteria prescribed by the Comptroller General of the United States for the purposes of audit. For the purpose of this subsection a cost is allocable to a particular cost objective to the extent of relatiA^e benefits received by such objective.

^

Transmittal

to C o n g r e s s.

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

"(c) The Commissioner's amiual report siiall oontaiii a statement of the Commissioner's activities under this section. " P A R E N T A L I N V O L V E M K N T A N D DISSP^MINATION

"SEC. 415. I n the case of any applicable program in which the Commissioner determines that parental participation at the State or local level would increase the effectiveness of the program in achieving its purposes, he shall promulgate regulations with respect to such program setting forth criteria designed to encourage such participation. If the program for which such determination provides for payments to local educational agencies, applications for such payments shall— "(1) set forth such policies and procedures as will ensure that programs and proiects assisted under the application have been planned and developed, and will be operated, in consultation with, and with the involvement of, parents of the children to be served by such programs and projects; "(2) he submitted with assurance that such parents have had an opportunity to present their views with respect to the application; and "(3) set forth policies and procedures for ade<|uate dissemination of program plans and evaluations to such))arents and the public. " U S E 0I-' F U N D S W I T H H E L D FOK F A I L U R E TO COMPLY W I T H OTHER r R O V l S U) N S OF FEDERAL LAW

78 Stat. 252. 42 USC 20ood. 78 Stat. 247.

"SEC. 416. At any time that the Commissioner establishes an entitlement, or makes an allotment or reallotment to any State, under any applicable program, he shall reduce such entitlement, allotment, or reallotment by such amount as he determines it would have been reduced, had the data on which the entitlement, allotment, or reallotment is based excluded all data relating to local educational agencies of the State which on the date of the (Commissioner's action are ineligible to receive the Federal financial assistance involved because of a failure to comply with title VI of the Civil Rights xVct of 1964. Any appropriated funds which will not be paid to a State as a result of the preceding sentence may be used by the Commissioner for grants to local educational ajjencies of that State in accordance with section 405 of the Ci vil Rights Act of 1964.

42 USC 2000C-4.

" "AITHORITY TO F I R N I S H

INFORMATION

(a) The (\>mmissioner is authorized to furnish transcripts or copies of tables and other records of the Office of Education to, and to make special statistical compilations and surveys for. State or local officials, private organizations, or individuals. Such statistical compilations and surveys shall be made subject to the payment of the actual or estimated cost of such work. I n the case of nonprofit organizations or agencies the (\)mmissioner may engage in joint statistical projects, the cost of which shall be shared equitably as determined by the Commissioner, provided that the purposes are otherwise authorized by law. "(b) All moneys received in payment for work or services enumerated under this section shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay appropriations which initially bore all or part of such costs, or to refund excess sums when necessary. "'SEC. 4 1 7.

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 84 STAT. ] "SUBPART

PUBLIC LAW 91-230-APR. 13, 1970 2—^ADMINISTRATION:

REQUIREMENTS

AND

169 LIMITATIONS

"RULES: REQUIREMENTS AND ENFORCEMENT

"SEC. 421. (a) Kules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of any applicable program shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. "(b) No standard, rule, regulation, or requirement of general applicability prescribed tor the administration ot any applicable program may take effect until thirty days after it is published in the Federal Register. "(c) All such rules, r e f l a t i o n s, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States.

Publication in

Federal Register.

a PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION

"SEC. 422, No provision of the Act of September 30, 1950, Public Law 874, Eighty-first Congress; the National Defense Education Act of 1958; the Act of September 23, 1950, Public Law 815, Eighty-first Congress; the Higher Education Facilities Act of 1963; the Elementary and Secondary Education Act of 1965; the Higher Education Act of 1965; the International Education Act of 1966; or the Vocational Education Act of 1963 shall be construed to authorize ajiy department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, 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, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance. ((LABOR STANDARDS

64 Stat. 1100. 20 USC 236. 72 Stat. 1580.

20 USC

401

note. 72 Stat. 548. 20 USC 631. 77 Stat. 363.

20 USC

701

20 USC

821

note. 79 Stat. 2 7. note. 79 Stat. 1219. 20 USC 1001 note. 80 Stat. 1066. 20 USC 1171 note. 82 Stat. 1064. 20 USC 1241 note.

"SEC. 423. Except for emergency relief under section 7 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), all 79 Stat. 1159. laborers and mechanics employed by contractors or subcontractors on 20 USC 241-1 all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling 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 Secre- 49'*stal^*io\?^' tary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 2 of the Act of June 13, 64 Stat. i267. 1934, as amended (40 U.S.C. 276c). 63 Stat. los. " R E C O R D S AND AUDIT

"SEC. 424. (a) Each recipient of funds from a grant or contract under any applicable program shall keep such records as the Commissioner shall 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 or contract is given or used, and the amount of that portion

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Fitzgerald were not to be surrendered by them without a struggle. He was represented as the most dangerous man in the province, as 'having more intelligence from Spain than any one else.' Their representations were not without their calculated effect on Elizabeth, who had at first been inclined to treat him leniently. Not suspecting any attack, he was in March 1587 arrested by Sir Thomas Norreys and confined to Dublin Castle, where he died in February 1589 (Ham. Cal. iv. 126, but cf. p. 253), a few days after it had been finally decided that he should enjoy the profit of his lands. He married Honora, daughter of James Fitzmaurice, by whom he had Edmund and Richard, seven weeks old in 1589, and two daughters, Catherine and Eleanor. His son and heir, Edmund, at the time of his father's death being a year and a half old, was found by inquisition to be heir to Ballymartyr and other lands in co. Cork, and was granted in wardship to Captain Moyle. He obtained livery of his lands on coming of age, and in 1647 defended Ballymartyr against his nephew, Lord Inchiquin, when the castle was burnt and himself outlawed. [The principal references to Fitzgerald's life contained in the State Papers will be found in the Unpublished Geraldine Documents, edited by Hayman and Graves, pt. ii. pp. 1 18-36.]  FITZGERALD, JOHN  (1528–1612), dean of Cloyne, son of Edmund Fitzjames, born in 1528, was a devoted loyalist, being almost the only gentleman of note who refused to join in the rebellion of James Fitzmaurice Fitzgerald [q. v.] in 1569, whereupon he was appointed sheriff of the county of Cork, and for his good services in that office was 'so maliced and hated of the rebels, as they not only burned all his towns and villages to the utter banishing of th' inhabitants of the same, but also robbed and spoiled and consumed all his goods and cattle, and thereby brought him from a gentleman of good ability to live to extreme poverty, not able to maintain himself and his people about him in the service of her majesty as his heart desired.' His petition for compensation was supported by Sir Henry Sidney, who declared that he well deserved the same both for the losses he had sustained as also for his honesty and civility. On the outbreak of Desmond's rebellion he again threw in his lot with the government, and was again exposed to the attacks of the rebels, insomuch that he was obliged to take refuge in Cork. In January 1581 his condition was described to Burghley as truly pitiful, and in May 1582 the queen gave order that he should receive an annuity of one hundred marks and a grant of one hundred marks land of the escheats in Munster. In 1586 he strenuously opposed the bill for the attainder of the Earl of Desmond, and by trying to maintain the legality of the earl's feoffment almost made shipwreck in one moment of the reputation gained by a long life of loyalty. Being charged with conniving at the marriage of Florence MacCarthy (whose godfather he was) and Ellen, daughter of the Earl of Clancar, he denied it, declaring to Burghley that on the contrary he had done his best to prevent it; while, as for his action in regard to Desmond's deed of feoffment, it was with him a thing of conscience and honesty before God and the world, and not a thing desired by him. His loyalty was confirmed by Justice Smythes, who wrote that he was a gentleman 'wise and considerate in all his doings, of great learning in good arts, and approved loyalty in all times of trial, just in his dealings, and may serve for a pattern to the most of this country' (Ham. Cal. iv. 46). During the rebellion of the Sugan Earl [see Fitzthomas] he more than once proved himself 'the best subject the queen had in Munster,' and in order 'to requite his perpetual loyalty to the crown of England, as also to encourage others,' Lord Mountjoy, while visiting him at Cloyne (7 March 1601), on his way from the siege of Kinsale to Dublin, knighted him. The castle of Cloyne had originally been the palace of the bishops of Cloyne. The way in which it came into the possession of Fitzgerald very well illustrates the general laxity in ecclesiastical matters prevailing during Elizabeth's reign. In order to make leases of bishops' lands valid it was necessary to have them confirmed by the dean and chapter, the church thus having, as it were, double security that its estates should not be recklessly given away. In order to obviate this difficulty Fitzgerald, though a layman, got himself appointed to the deanery of Cloyne, after which he filled, the chapter with his dependents. Thereupon Matthew Shehan, bishop of Cloyne, in consideration of a fine of 40l., leased out on 14 July 1575, at an annual rent of five marks for ever, the whole demesne of Cloyne to a certain Richard Fitzmaurice, one of Fitzgerald's dependents. The dean and chapter confirmed the grant, and Fitzmaurice handed over his right and title to his master. The castle, which stood at the south-east angle of the four crossways in the centre of the town of Cloyne, was repaired by Fitzgerald, and only disappeared in 1797, having been recovered for the church in 1700. He married Honor O'Brien, niece of the Earl of Thomond, by whom he had three sons: Edmund, who


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Page:United States Statutes at Large Volume 84 Part 1.djvu/222

 170

GAo audit.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. «^|3^ rjy-j^Q Sccretarj 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 recipients that are pertinent to the grant or contract received under any applicable program. uPAYMENTS

"SEC. 425. Payments pursuant to grants or contracts under any applicable program may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Commissioner may determine. "AUTHORITY TO VEST TITLE TO EQUIPMENT

79 Stat. 55; 81 Stat! 816?' 20 USC 881.

"SEC. 426. The authority of the Commissioner of Education to make a grant to or contract with a local educational agency or State educational agency as such agencies are defined in sections 801(f) and 801 (k) of the Elementary and Secondary Education Act of 1965, under any applicable program, shall include discretionary authority, whenever he determines that it would be in the public interest, to vest title to equipment purchased with grant or contract funds in such agency (or waive accountability to the United States for such equipment) without further obligation to the Government or on such terms or conditions as the Commissioner deems appropriate. The authority provided by this section shall be applicable to equipment purchased with funds provided by grants or contracts made on, before, or after the date of the enactment of this section. " P A R T C—ADVISORY COUNCILS

((DEFINITIONS "SEC. 431. As used in this part, the term— "(1) 'advisory council' means any committee, board, commission, council, or other similar group (A) established or organized pursuant to any applicable statute, or (B) established under the authority of section 432; but such term does not include State advisory councils or commissions established pursuant to any such statute; "(2) 'statutory advisory council' means an advisory council established by, or pursuant to, statute to advise ajid make recommendations with respect to the administration or improvement of an applicable program or other related matter; " (3) 'nonstatutory advisory council' means an advisory council which is (A) established under the authority of section 432, or (B) established to advise and make recommendations with respect to the approval of applications for grants or contracts as required by statute; " (4) 'Presidential advisory council' means a statutory advisory council, the members of which are appointed by the President; "(5) 'Secretarial advisory council' means a statutory advisory council, the members of which are appointed by the Secretary; "(6) 'Commissioner's advisory council' means a statutory advisory council, the members of which are appointed by the Commissioner; " (7) 'applicable statute' means any statute (or title, pB,rt, or section thereof) which authorizes an applicable program or controls the administration of any such program.

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 Rh from abroad, or enforced emigration, a certain number of traditions (larger probably than we should commonly expect) may be handed down in a form little changed for several centuries at least. Each New Zealand tribe still remembers the canoe of settlers from which it took its descent as far back as the twelfth century or earlier, if we may judge from genealogies numerous enough to afford fairly safe means of comparison. For if we get sufficient pedigrees running side by side, with traditions dependent from each step, in one or another, synchronisms will become apparent that will help us to ascertain within a few years the date of a battle or the accession of a chief. It is these synchronisms that in Mangaia (the biggest of the Hervey Islands) enabled Mr. Gill to get back to within a few years of the dates of occurrences that took place as far back as the fifteenth, sixteenth, and seventeenth centuries, though the Hervey Islanders were wholly unlettered and had no special means save their dramas for preserving tradition, These dramas of theirs are exceedingly remarkable; they are dramas persistent in the precise stage of that the Greek drama had reached before the coming of Aischylos; dramas performed by means of a reciter, a chorus-leader, and a large chorus; dramas dealing with history and mythology, with the tragedies of kings and gods and famous men and women, death-songs, and


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Page:United States Statutes at Large Volume 84 Part 1.djvu/223

 84 STAT. ]

PUBLIC LAW 91-230-APR. 13, 1970

171

"AUTJIORIZATIOX FOR JSKCESSARY ADVISORY COUXCILS

"SEC. 482. (a) The Commissioner is authorized to create, and appoint the meml)ers of, such advisory councils as he determines in Mritingto be necessary to advise him with respect to— '*(1) the organization of the Office of Education and its conduct in the administration of applicable programs; "(2) rec<mnnendations for legislation regarding education programs and the means by which the educational needs of the Nation may be met; and "(8) special problems and areas of special interest in education. "(b) Each advisory council created under the authority of subsection (a) shall terminate not later than one year from the date of its creation unless the (\)mmissioner determines in writing not more than thirty days prior to the expiration of such one year that its existence for an additional period, not to exceed one year, is necessary in order to complete the recommendations or reports for which it was created. "(c) The Commissioner shall include in his report submitted pursuant to section 438 a statement on all advisory councils created or extended under the authority of this section and their activities.

'"

" M E M B E R S H I P A X D R E P O R T S OF S T A T I TO R Y ADVISORY C O IX C I L S

"SEC. 433. Notwithstanding any other provision of law unless expressly in limitation of the provisions of this section, each statutory advisory council— "(1) shall be composed of the number of members provided by statute who may be appointed, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and shall serve for terms of not to exceed three years, which in the case of initial members, shall be staggered: and "(2) shall make an annual report of its activities, findings and co^^^esV° recommendations to the Congress not later than March 31 of each calendar year, which shall be submitted with the Connnissioner's annual report. The Commissioner shall not serve as a member of any such advisory council. " c O M P E N S A ' n O X OF MEMBERS OF ADVISORY COUXCILS

"SEC. 434. Members of all advisory councils to which this part is applicable who are not in the regular full-time employ of the United States shall, while attending meetings or conferences of the advisory council or otherwise engaged in the business of the advisory council, be entitled to receive compensation at a rate fixed by the (\)mmissioner, but not exceeding the rate specified at the time of such service for grade GS-18 in section 5332 of title 5, United States Code, including traveltime, and while so serving on the business of the advisory council away from their homes or regular))laces of business, they may be allowed travel expenses, including))er diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed mtermittently m the (xovernment service. " I ' R OF E S S I O N A L, T E C IIX K A L, AND CLERICAL S T A F F; T E C H N I C A L ASSISTANCE

"SEC. 435. (a) Presidential advisory councils are authorized to appoint, without regard to the pro\isions of title 5, Ignited States Code, governing appointments in the competitive service, or otherwise obtain the services of, such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions, as prescribed by laAV.

'P°«'' P-

^^^•^•

^o Stat. 499;

83 Stat. 190.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/224

 172

80 Stat. 416. Post, p. 198-1.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

"(b) The Commissioner shall engage such personnel and technical assistance as may be required to permit Secretarial and Commissioner's advisory councils to carry out their functions as prescribed by law. "(c) Subject to regulations of the Commissioner, Presidential advisory councils are authorized to procure temporary and intermittent services of such personnel as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS-18 in section 5332 of such title. ' ' M E E T I N G S OF ADVISORY

COUNCILS

"SEC. 436. (a) Each statutory advisory cou]icil shall meet at the call of the chairman thereof but not less than two times each year. Nonstatutory advisory councils shall meet in accordance with regulations promulgated by the Commissioner. " (b) Minutes of each meeting of each advisory council shall be kept and shall contain a record of the persons present, a description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory council. The accuracy of all minutes shall be certified to by the chairman of the advisory council. A U D I T I N G AND REVIEW OF ADVISORY C O U N C I L ACTIVITIES

GAO audit.

"SEC. 437. (a) Each statutory advisory council shall be subject to such general regulations as the Commissioner may promulgate respecting the governance of statutory advisory councils and shall keep such records of its activities as will fully disclose the disposition of any funds which may be at its disposal and the nature and extent of its activities in carrying out its functions. " (b) The Comptroller Ceneral of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of each statutorv advis:ory council. " R E P O R T BY THE COMMISSIONER OF EDUCATION

Report to congressional committees.

Abolishment.

Repeal. 82 Stat. 1051. 20 USC 11471150. Ante, p. 166.

"SEC. 438. (a) Not later than March 31 of each calendar year after 1970, the Commissioner shall submit, as a part of the Commissioner's annual report, a report on the activities of the advisory councils which are subject to this part to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and affiliations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each such advisory council. "(b) If the Commissioner determines that a statutory advisor}' council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recommendation that such advisory council be abolished or that such functions be combined. T^nless there is an objection to such action by either the Senate or the House of Representatives within ninety days after the submission of such report, the Commissioner is authorized to abolish such advisory council or combine the functions of two or more advisory councils as recommended in such report.". (b) Sections 1207, 1208, 1209, and 1210 of the Higher Education Act of 1965 (as added by Public Law 90-575) are superseded by part A of title IV of Public Law 90-247 and are hereby repealed.

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 84 STAT. ]

PUBLIC LAW 91-230-APR. 13, 1970

173

(c) The following provisions of law relating to the delegation of functions and utilization of the services of other agencies by the Office of Education are superseded by section 411 of Public Law 90-247 and are hereby repealed: (1) The third sentence of subsection (a) of section 302 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress (20 U. S C. 2 4 3 (a)); (2) Subsections (a) and (b) of section 803 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 883 (a) and (b)); (3) Subsection (a) of section 13 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 6 4 3 (a)); (4) Subsections (a) and (b) of section 1001 of the National Defense Education Act of 1958 (20 V.S.C. 581 (a), (b)); (5) Section 1203 of the Higher Education Act of 1965 (20 U.S.C. 1143); _

^

_

Repeal^"'^' P- ^^*'-

.^l^'s^'"'' 79 Stat. 57. 72 Stat. 554.

^2 Stat. 1602. 79 Stat. 1270.

(6) Subsections (a) and (b) of section 402 of the Higher Education Facilities Act of 1963 (20 U.S.C. 752 (a), (b)); ^7 Stat. 377. (7) Subsection (b) of section 103 of the International Education Act of 1966 (20 U.S.C. 1174(b)); and _ «° ^'"'- '''^^• (d) The following provisions of law concerning dissemination of R^p^aiinformation and reports by the Commissioner of Education are superseded by sections 412,413, and 414 of Public Law 90-247 and are hereby j ^ ^ " ' ' ' ' ^^- ^^^' repealed: (1) Section 518 of the Revised Statutes of the United States (20 U.S.C. 4); (2) The sixth paragraph under the heading "Department of Education" in the material relating to the Department of the Interior in the Act of May 28j 1896, making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1897, and for other purposes, which authorizes the Commissioner of Education to prepare and publish a bulletin concerning the condition of education (20 U.S.C. 3) •

"(3) (4) Act of (5)

29 Stat. 171.

Section 303 of Public Law 90-576 (20 U.S.C. 6); _ 82 Stat. 1095. Section 806 of the Elementary and Secondary Education 1965 (20 U.S.C. 886); and JVl^'^r!.^^'^'' Section 1206 of the Higher Education Act of 1965 (20 ' ''

U.S.C. 1146).^

_

_

82 Stat. 1050.

(e) The following provisions of law concerning requirements for Repeal. rules and regulations for education programs are superseded by section 421 of Public Law 90-247 and are hereby repealed: ^"'e, p. i69. (1) Section 2 of Public Law 90-247 (20 U.S.C. 888); and si Stat. 733. (2) Section 505 of Public Law 90-575 (20 U.S.C. 1001, note). ^2 Stat. 1063. (f) The following provisions of law concerning Federal control of Repeal. education are superseded by section 422 of Public Law 90-247 and are ^"'^' P- i^^. hereby repealed: (1) Subsection (g) of section 6 and subsection (a) of section 301 of the Act of September 30, 1950, Public Law 874, Eightyfirst Congress (20 U.S.C. 241 (g)_, 242 (a)); ^ .olTi'iT (2) Section 102 of the National Defense Education Act of 54 Stat. 1107. 1958 (20 U.S.C. 402); 72 Stat. 1532. (3) Subsection (a) of section 12 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 642(a)); 72 Stat. 554. (4) Section 407 of the Higher Education Facilities Act of 1963 (20 U.S.C. 757); _ 77 Stat. 379. (5) Section 804 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 884); 79 Stat. S7; (6) Subsection (a) of section 1204 of the Higher Education Act ^' ^'^'- ^^^• of 1965 (20 U.S.C. 1144(a)); 79 Stat. 1270; \ 47-348 O - 72 - 15 (Pt. 1)

/ / 7

82 s t a t. 1042.

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Fitzgerald married the widow of John Fitzedmund Fitzgerald [q. v.], seneschal of Imokilly; Thomas (d. 1628), who married Honor, daughter of O'Sullivan Beare; James (o.s.p.), and two daughters, Joan and Eleanor. He died on 15 July 1612, and was buried with his ancestors in the cathedral of Cloyne. Two months later he was followed by his eldest son. 'In the N.-E. angle of the north transept of the cathedral,' says the late Rev. James Graves, 'was erected, doubtless during his lifetime, a very fine monument in the renaissance style, originally consisting of an altar-tomb, above which was reared a pillared superstructure crowned by an ornamented entablature; whilst, from the fragments still remaining, it would appear that two kneeling armed figures surmounted the first-named part of the monument.' According to the epitaph he was 'hospitio Celebris, doctrina clarus et armis.' [The principal references to Fitzgerald's life contained in the State Papers have been collected together in the Unpublished Geraldine Documents, ed. Hayman and Graves, pt. ii. He must be carefully distinguished from his relative the seneschal of Imokilly. See also the Life and Letters of Florence MacCarthy Reagh, by Daniel MacCarthy, bishop of Kerry, and Dr. Brady's Clerical and Parochial Records of Cork, Cloyne, and Ross, vol. iii.]  FITZGERALD, JOHN FORSTER (1784?–1877), field marshal, colonel 18th royal Irish foot, was a younger son of Edward Fitzgerald of Carrigoran, co. Clare, who sat for that county in the Irish parliament, was a colonel of Irish volunteers in 1782, and died in 1815, by his second wife, the daughter and coheiress of Major Thomas Burton, 5th dragoon guards, and granddaughter of Right Hon. John Forster, lord chief justice of Ireland [q. v.], and consequently was younger brother of the first two baronets of Carrigoran. The date of his birth is variously given as 1784 and 1786. On 29 Oct. 1793 he was appointed ensign in Captain Shee's independent company of foot in Ireland, and became lieutenant in January 1794. In May 1794 he was given a half-pay company in the old 79th (royal Liverpool volunteers) regiment of foot, which had been disbanded before he was born. After seven years as a titular captain on the Irish half-pay list, on 31 Oct. 1800 he was brought into the 46th foot, and joined that corps, then consisting of two strong battalions of short-service soldiers, in Ireland. The regiment was much reduced by the discharge of the latter at the peace of Amiens, and young Fitzgerald was again placed on half-pay, but the year after was brought on full pay again in the newly raised New Brunswick fencibles, in which he was senior captain and brevet major. In 1809 he was promoted major in the 60th royal Americans, afterwards known as the 60th rifles, and in 1810 became brevet lieutenant-colonel. He joined the 5th or Jäger battalion, 60th, in the Peninsula, and was present at the storming of Badajoz, where he was among the regimental commanding officers specially commended by Sir Thomas Picton (, Well. Desp. v. 379), at Salamanca, Vittoria, the Pyrenees, and many minor affairs. Part of the time he was in command of a provisional battalion of light companies, and in the Pyrenees commanded a brigade and was taken prisoner by the French, but exchanged (ib. vii. 237). At the end of the war he was made C.B. and received the gold cross given to commanding officers of regiments and others of higher rank who had been present in four or more general actions entitling them to a gold medal for each, which medals were replaced by the cross. He accompanied the 5th battalion, 60th, from the south of France to Ireland in 1814, and thence in 1816 to the Mediterranean. In 1818 it was brought home from Gibraltar and disbanded, Fitzgerald, then senior major, with most of the other officers and men, being transferred to the 2nd battalion, 60th, at Quebec, which then became the 1st battalion and was made rifles. Fitzgerald, who became brevet colonel in 1819, remained some years in Canada, most of the time as commandant of Quebec, and afterwards of Montreal. On 5 Feb. 1824 he exchanged with Lieutenant-colonel Bunbury to the command of the 20th foot in Bombay, which he held until promoted to major-general in 1830. He was made K.C.B. the year after. In 1838 he was appointed to a divisional command at Madras, but was afterwards transferred to Bombay, and commanded a division of the Bombay army until his promotion to lieutenant-general in November 1841. He was appointed colonel of the 62nd foot in 1843, transferred to the colonelcy 18th royal Irish 1850, became a general 1854, G.C.B. 1862, and received his field marshal's baton 29 May 1875. He represented Clare county in parliament, in the liberal interest, in 1852-7. Fitzgerald married first, in New Brunswick, in 1805, Charlotte, daughter of the Hon. Robert Hazen of St. John's, New Brunswick, by whom he had a son, John Forster Fitzgerald — killed as a captain 14th light dragoons in the second Sikh war — and two daughters. He married secondly, in 1839, Jean, daughter of Hon. Donald Ogilvy of Clova, formerly of the Madras army, and afterwards colonel Forfarshire militia (see