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[84 STAT.

(7) Section 104 of the International Education Act of 1966 80 Stat. 1068.

(20 U.S.C. 1 1 7 5);

(8) Section 105 of the Vocational Education Act of 1963 (20 82 Stat. 1069.

^^pAnte, p. 169.

Ante,

p. 126.

79 Stat. 46. 78 Stat. 13.

72 Stat. 5 5 1, 554.

Ante, p. 151. 82 Stat. 1069.

Repeal. Ante,

p. 170.

72 Stat. 1596,

1602 77 Stat. 377.

79 Stat. 5 4.

Ante, p. 151. 79 Stat. 5 7; SO Stat. 1204; 81 Stat. 816.

7 9 Stat. 1223,

1226, 1228, 1230. 82 Stat. 1032. 8 1 Stat. 8 2. 82 Stat. 1049. 8 0 Stat. 1069. 8 2 Stat. 1066.

U.S.C. 1245). _

(g) The following provisions of law concerning the payment of wages at prevailing rates on federally assisted construction projects J^J.Q superseded by section 423 of Public Law 90-247 and are hereby repealed: (1) Section 145 of title I of the Elementary and Secondary Education Act of 1965, as redesignated by this Act (20 U.S.C. 241i); (2) Subsection (c) of section 4 of the Act of July 26, 1954, Public Law 531, Eighty-third Congress (20 U.S.C. 332a(c)); (3) Subsection (a)(4) of section 203 of the Library Services and Construction Act (20 U.S.C. 355c(a)(4)), and subsection • (a^) (3^ of such section is amended by striking out the semicolon and the word "and" and at the end thereof inserting in lieu thereof a period; (4) Subsection (b)(1)(E) of section 6 and subsection (d) of section 12 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 636(b)(1)(E), 6 4 2 (d)); (5) Section 709 (as redesignated by section 152 of this Act) of the Elementary and Secondary Education Act of 1965 (20 U.S.C 880b-6); and (6) Section 106 of the Vocational Education Act of 1963 (20 U.S.C. 1246). (h) The following provisions of law concerning advisory councils and committees are superseded by part C of title IV of Public Law 90-247 and are hereby repealed: (1) Subsection (d) of section 761 and sections 1002 and 1003 of the National Defense Education Act of 1958 (20 U.S.C. 561 (d), 582, 583); _ (2) Subsection (c) of section 402 of the Higher Education Facilities Act of 1963 (20 U.S.C. 7 5 2 (c)); (3) Subsections (c), (d), and (e) of section 510, subsection (c) of section 708, and section 802 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 870 (c), (d), (e), 880b-5(c), 882); (4) Subsections (d) and (e) of section 109, subsection (c) of section 205, subsection (c) of section 224, subsection (c) of section 303, subsections (c) and (d) of section 469, subsections (d) and (e) of section 502, and subsections (c) and (d) of section 1205 of the Higher Education Act of 1965 (20 U.S.C. 1009 (d), (e), 1025(e), 1034(c), 1053(c), 1089(c), 1091a (d), (e), 1145 (c), (5) Subsections (c) and (d) of section 106 of the International Education Act of 1966 (20 U.S.C. 1177(c), (d)); (6) Paragraph (3) of subsection (a) of section 104 of the Vocational Education Act of 1963 (20 U.S.C. 1244(a)(3)). TITLE V—CANCELLATION OF S T U D E N T LOANS FOR CERTAIN PUBLIC SERVICE CANCELLATION OF LOANS FOR CERTAIN P U B L I C SERVICE

20 USC 425.

SEC. 501. (a) Section 205(a)(3) of the National Defense Education Act of 1958 is amended— (1) by striking out "made prior to J u l j 1, 1970 (plus interest)" and inserting in lieu thereof "(plus interest)(A) ";

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(2) thereafter by striking out " (A) ' ', "(B)"', or " (p) " wjierever appearing therein and inserting in lieu thereof " (i) ", "(ii)"? or " (iii)", respectively; and (3) by inserting before the semi-colon at the end thereof a comma and the following: "and (B) shall be canceled for service after June 30, 1970, as a member of the Armed Forces of the United States at the rate of 121/2 per centum of the total amount of such loan plus interest thereon for each year of consecutive service". (b) The amendment made by this section shall apply to loans made after the date of enactment of this Act. TITLE VI—EDUCATION OF THE HANDICAPPED PAKT A — GENERAL PROVISU)XS SHORT TITLE

SEC. 601. This title may be cited as the "P^ducation of the Handicapped Act''. DEFINITION

SEC. 602. As used in this title— (1) The term "handicapped children"' means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education and related services. (2) The term "Commissioner" means the Commissioner of Education. (3) The term ''Advisory Committee" means the National Advisory Committee on Handicapped Children. (4) The term "construction", except where otherwise specified, means (A) erection of new or expansion of existing structures, and the acquisition and installation of equipment therefor; or (B) acquisition of existing structures not owned by any agency or institution making application for assistance under this title; or (C) remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or (D) acquisition of land in connection with the activities in clauses (A), (B), and (C); or (E) a combination of any two or more of the foregoing. (5) The term "equipment" includes machinery, utilities, and builtin equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a l)articular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. (6) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands and the Trust Territory of the Pacific Islands. (7) 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 no such officer or agency, an officer or agency designated by the Governor or by State law. (8) The term "local educational agency"" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county,

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Effective date.

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List of agencies?^ publication.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (9) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law. (10) The term "secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. (11) The term "institution of higher education" means an educational institution in any State which— (A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) is legally authorized within such State to provide a program of education beyond high school; (C) provides an educational program for which it awards a bachelor's degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (D) is a public or other nonprofit institution; and (E) is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-year program in engineering-, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineerin}>:, scientific, or technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, he shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescril>e the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under this Act and shall also determine whether particular institutions meet such standards. For the purposes of this paragraph the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of education or training offered. (12) The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more non))rofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or indi\idual. (13) The term "research and related purposes" means research, research training (including the j^ayment of stipends and allowances),

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surveys, or demonstrations in the field of edncntion of liandicapped children, or the dissemination of information derived therefrom, including (but without limitation) experimental schools. (14) The term "Secretary" means the Secretary of Health, Education, and Welfare. (15) The term "children with specific learning disabilities" means those children who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such disorders include such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance, or of environmental disadvantage.

177

Exceptions.

BUREAU FOR EDUCATION AND TRAINING OF THE HANDICAPPED

SEC. H3, There shall be, within the OiRce of LIducation, a bureau for the education and training of the handicapped which shall be the principal agency in the Office of Education for administering and carrying out programs and projects relating to the education and training of the handicapped, including prgrams and projects for the training of teachers of the hanclicapped and for research in sr.ch education and training.

Establishment.

NATIONAL ADVISORY C 0 M M I ' 1 ' T I: E ON HANDICAPPED CHILDREN

SEC. 604. (a) The Commissioner shall establish in the Office of Establishment; Education a National Advisory Committee on Handicapped Children, ™^'"^®Pconsisting of fifteen members, appoint'ed by the Connnissioner. At least eight of such members shall be persons affiliated with educational, training, or research programs for the handicapped. (b) The Advisory Committee shall review the administration and operation of the programs authorized by this title and other provisions of law administered by the Commissioner with respect to handicapped children, including their effect in improving the educational attainment of such children, and make recommendations for the improvement of such administration and operation with respect to such children. Such recommendations shall take into consideration experience gained under this and other Federal programs for handicapped children and, to the extent appropriate, experience gained under other public and private programs for handicapped children. The Advisory Committee shall from time to time make such recommendations as it may deem appropriate to the Commissioner and shall make an annual ^^l^^°l\^° report of its findings and recommendations to the Commissioner not Congress. °°° later than March 31 of each year. The Commissioner shall transmit each such report to the Secretary together with his comments and recommendations, and the Secretary shall transmit such report, comments, and recommendations to the Congress together with any comments or recommendations he may have with respect thereto. ACQUISITION o r E Q II P M E N T AND CONSTRX'CTION OF NECESSARY FACILITIES

SEC. 605. (a) I n the case of any program authorized by this title, if the Commissioner determines that such program will be iinproved by permitting the funds authorized for such program to be used for the acquisition of equipment and the construction of necessary facilities, he may authonze the use of such funds for such purposes.

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(b) If within twenty years after the completion of any construction (except minor remodeling or alteration) for which funds have been paid pursuant to a grant or contract under this title the facility constructed ceases to be used for the purposes for which it was constructed, the United States, unless the Secretary determines that there is good cause for releasing the recipient of the funds from its obligation, shall be entitled to recover from the applicant or other owner of the facility an amount which bears the same ratio to the then value of the facility as the amount of such Federal funds bore to the cost of the portion of the facility financed with such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. PART B—ASSISTANCE TO STATES FOR EDUCATION or HANDICAPPED CHILDREN

Appropriations.

AUTHORIZATION

.,.,.=

.r..

...

SEC. 611. (a) The Commissioner is authorized to make grants pursuant to the provisions of this part for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels. ^j^^ ^oY the puTpose of making grants under this part there is authorized to be appropriated $200,000,000 for the fiscal year ending June 30, 1971, $210,000,000 for the fiscal year ending June 30, 1972, and $220,000,000 for the fiscal year ending June 30, 1973. ALLOTMENT OF F U N D S

"State."

SEC. 612. (a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 611(b). The Commissioner shall allot the amount appropriated pursuant to this paragraph among— (A) Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, according to their respective needs, and (B) for each fiscal year ending prior to July 1, 1972, the Secretary of the Interior, according to the need for such assistance for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior and the terms upon which payments for such purposes shall be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this part. (2) From the total amount appropriated pursuant to section 611(b) for any fiscal year the Commissioner shall allot to each State an amount which bears the same ratio to such amount as the number of children aged three to twenty-one, inclusive, in the State bears to the number of such children in all the States, except that no State shall be allotted less than $200,000 or three-tenths of 1 iper centum of such amount available for allotment to the States, whichever is greater. For purposes of this paragraph and subsection (b), the term "State" shall not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands.

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(b) The number of children aged three to twenty-one, inclusive, in a n j State and in all the States shall be determined, for purposes of this section, by the Commissioner on the basis of the most recent satisfactory data available to him. (c) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment, from time to time and on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for that year. STATE PLANS Grants, reSEC. 613. (a) Any State which desires to receive grants under this quirements. part shall submit to the Commissioner through its State educational agency a State plan (not part of any other plan) in such detail as the Commissioner deems necessary. Such State plan shall— (1) set forth such policies and procedures as will provide satisfactory assurance that funds paid to the State under this part will be expended (A) either directly or through individual, or combinations of, local educational agencies, solely to initiate, expand, or improve programs and projects, including preschool programs and projects, (i) which are designed to meet the special educational and related needs of handicapped children throughout the State, and (ii) which are of sufficient size, scope, and quality (taking into consideration the special educational needs of such children) as to give reasonable promise of substantial progress toward meeting those needs, and (B) for the proper and efficient administration of the State plan (including State leadership activities and consultative services), and for planning on the State and local level: Provided, That the amount expended for such administra- c oAdministrative s t s, limitation and planning shall not exceed 5 per centum of the amount tion. allotted to the State for any fiscal year or $100,000 ($35,000 in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), whichever is greater; (2) provide satisfactory assurance that, to the extent consistent with the number and location of handicapped children in the State who are enrolled in private elementary and secondary schools, provision will be made for participation of such children in programs assisted or carried out under this part; (3) provide satisfactory assurance that the control of funds provided under this part, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this part, and that a public agency will administer such funds and property; (4) set forth policies and procedures which provide satisfactory assurance that Federal funds made available under this part will be so used as to supplement and, to the extent practical, increase the level of State, local, and private funds expended for the education of handicapped children, and in no case supplant such State, local and private funds;

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Reports; recordkeeping.

Ante, p. 123.

Final approval, conditions.

Hearing opportunity.

Failure to comply.

PUBLIC LAW 91-230-APR. 13, 1970

[84

STAT.

(5) provide that effective procedures, including provision for appropriate objective measurements of educational achievement, will be adopted for evaluating at least annually the effectiveness of the programs in meeting the special educational needs of, and providing related services for, handicapped children; (6) provide that the State educational agency will be the sole agency for administering or supervising the administration of the plan; (7) provide for (A) making such reports, in such form and containing such information, as the Commissioner may require to carry out his functions under this part, including reports of the objective measurements required by clause (5) of this subsection, and (B) keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports and proper disbursement of Federal funds under this part; (8) provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this part to the State, including any such funds paid by the State to local educational agencies; (9) provide satisfactory assurance that funds paid to the State under this part shall not be made available for handicapped children eligible for assistance under section 103(a)(5) of title I of the Elementary and Secondary Education Act of 1965; (10) provide satisfactory assurance that effective procedures will be adopted for acquiring and disseminating to teachers of, and administrators of programs for, handicapped children significant information derived from educational research, demonstration, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects; and (11) contain a statement of policies and procedures which will be designed to insure that all education programs for the handicapped in the State will be properly coordinated by the persons in charge of special education programs for handicapped children in the State educational agency. (b) The Commissioner shall approve any State plan which he determines meets the requirements and purposes of this part. (c)(1) The Commissioner shall not approve any State plan pursuant to this section for any fiscal year unless the plan has, prior to its submission, been made public as a separate document by the State educational agency and a reasonable opportunity has been given by that agency for comment thereon by interested persons (as defined by regulation). The State educational agency shall make public the plan as finally approved. The Commissioner shall not finally disapprove any plan submitted under this section or any modification thereof, without first affording the State educational agency submitting the plan reasonable notice and opportunity for a hearing. (2) Whenever the Commissioner, after reasonable notice and opportunity for hearing to such State agency, finds— (A) that the State plan has been so changed that it no longer complies with the provisions of this part, or (B) that in the administration of the plan there is a failure to comply substantially with any such provision or with any requirements set forth in the application of a local educational agency approved pursuant to such plan, the Commissioner shall notify the agency that further payments will not be made to the State under this part (or in his discretion, that fur-

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ther payments to the State will he limited to programs or projects under the State plan, or portions thereof, not affected by the failure, or that the State educational agency shall not make further payments under this part to specified local agencies alfected to the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to the State under this part (or shall limit payments to programs or projects under, or parts of, the State plan not affected by the failure, or payments by the State educational agency under this part shall be limited to local educational agencies not affected by the failure, as the case may be). (d)(1) If any State is dissatisfied with the (\mnnissioner"s final action with respect to the approval of its State plan submitted under subsection (a) or with his final action under subsection (c), such State may, within sixty days after notice of such action, file with the Ignited States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Connnissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section '2112 of title 28, United States Code. (2) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusi^•e; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Connnissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (3) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme (\)urt of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

J u d i c i a l review.

72 Stat. 941.

62 Stat. 928.

TAYMKNTS

SKC. 614. From the amoinits allotted to each State under this part, the (\)nnnissioner shall j^ay to that State an amount equal to the amount expended by the State in carrying out its State plan.

Matching funds.

PAH'I' C — C E X T K H S AND SKUVH'KS To MKKT SI'KCIAI. NKKDS OF 'JIIK HANOKAPPKI) RKiliONAL UESOIHCK

("KNTKHS

SEC. 621, (a) The Commissioner is authorized to make grants to or contracts with institutions of higher education. State educational agencies, or combinations of such agencies or institutions, which combinations may include one or more local educational agencies, within l)articular regions of the United States, to pay all or part of the cost of the establishment and operation of regional centers which will develoj) and apply the best methods of appraising the special educational needs of handicapped children referred to them and will provide other services to assist in meeting such needs. Centers established or operated under this section shall (1) provide testing and educational evaluation to determine the special educational needs of handicapped children referred to such centers, (2) develop educational programs to meet those needs, and (3) assist schools and other appropriate agencies, organizations, and institutions in providing such educational programs through services svich as consultation (including,

Establishment; functions.

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ill appropriate cases, consultation with parents or teachers of handicapped children at such regional centers), periodic rexamination and reevaluation of special educational programs, and other technical services. (b) I n determining whether to approve an application for a project under this section, the Commissioner shall consider the need for such a center in the region to be served by the applicant and the capability of the applicant to develop and apply, with the assistance of funds under this section, new methods, techniques, devices, or facilities relating to educational evaluation or education of handicapped children. CENTERS A N D SERVICES FOR D E A F - B L I N D C H I L D R E N

SEC. 622. (a) I t is the purpose of this section to provide, through a limited number of model centers for deaf-blind children, a program designed to develop and bring to bear upon such children, beginning as early as feasible in life, those specialized, intensive professional and allied services, methods, and aids that are found to be most effective to enable them to achieve their full potential for commmiication with, and adjustment to, the world around them, for useful and meaningful participation in society, and for self-fulfillment. (b) The Commissioner is authorized, upon such terms and conditions (subject to the provisions of subsection (b)(1) of this section) as he deems appropriate to carry out the purposes of this section, to make grants to or contracts with public or nonprofit private agencies, organizations, or institutions to pay all or part of the cost of establishment, including construction, which for the purposes of this section shall include the construction of residential facilities, and operation of centers for deaf-blind children, (c) I n determining whether to make a grant or contract under subsection (b), the Commissioner shall take into consideration the need for a center for deaf-blind children in the light of the general availability and quality of existing services for such children in the part of the country involved. (d)(1) A grant or contract pursuant to subsection (b) shall be made only if the Commissioner determines that there is satisfactory assurance that the center will provide such services as he has by regulation prescribed, including at least.— (A) comprehensive diagnostic and evaluative services for deafblind children; (B) a program for the adjustment, orientation, and education of deaf-blind children which integrates all the professional and allied services necessary therefor; and (C) effective consultative services for parents, teachers, and others who play a direct role in the lives of deaf-blind children to enable them to understand the special problems of such children and to assist in the process of their adjustment, orientation, and education. (2) Any such services may be provided to deaf-blind children (and, where applicable, other persons) regardless of whether they reside in the center, may be provided at some place other than the center, and may include the provision of transportation for any such children (including an attendant) and for parents.

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EARIA' EDUCATION FOR H A X D I C A P P E D CIIILDKEX

SEC. 623. (a) The Commissioner is authorized to arrange by contract, grant, or otherwise with appropriate public agencies and private nonprofit organizations, for the development and carrying out by such agencies and organizations of experimental preschool and early education programs for handicapped children which the Commissioner determines show promise of promoting a comprehensive and strengthened approach to the special problems of such children. Such programs shall be distributed to the greatest extent possible throughout the Nation, and shall be carried out both in urban and in rural areas. Such programs shall include activities and services designed to (1) facilitate the intellectual, emotional, physical, mental, social, and language development of such children; (2) encourage the participation of the parents of such children in the development and operation of any such program; and (3) acquaint the community to be served by any such program with the problems and potentialities of such children. (b) Each arrangement for developing or carrying out a program authorized by this section shall provide for the effective coordination of each such program with similar programs in the schools of the community to be served by such a program. (c) No arrangement pursuant to this section shall provide for the j^J^""'^^' "'"'^^^ payment of more than 90 per centum of the cost of developing, carrying out, or evaluating such a program. Non-Federal contributions may be in cash or in kind, fairly evaluated, including, but not limited to, plant, equipment, and services. RESEARCH, I N N O V A T I O N, T R A I N I N G, A N D D I S S E M I N A T I O N ACTIVITIES I N C O N N E t n i O N W a T H CENTERS AND SERVICES TOR THE H A N D I C A P P E D

SEC. 624. (a) The Commissioner is authorized, either as part of any grant or contract under this part, or by separate grant to, or contract with, an agency, organization, or institution operating a center or providing a service which meets such requirements as the Commissioner determines to be appropriate, consistent with the purposes of this part, to pay all or part of the cost of such activities as— (1) research to identify and meet the full range of special needs of handicapped children; (2) development or demonstration of new, or improvements in existing, methods, approaches, or techniques, which would contribute to the adjustment and education of such children; (3) training (either directly or otherwise) of professional and allied personnel engaged or preparing to engage in programs specifically designed for such children, including payment of stipends for trainees and allowances for travel and other expenses for them and their dependents; and (4) dissemination of materials and information about practices found effective in working with such children. (b) In making grants and contracts under this section, the Commissioner shall insure that the activities funded under such grants and contracts will be coordinated with similar activities funded from grants and contracts under other parts of this title. EVALUATIONS

SEC. 625. The Commissioner shall conduct, either directly or by contract with independent organizations, a thorough and continuing evaluation of the effectiveness of each program assisted under this part.

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AUTHORIZATION OF APPROPRIATIONS

SEC. 626. There are hereby authorized to be appropriated $36,500,000 for the fiscal year ending June 30, 1971, $51,500,000 for the fiscal year ending June 30, 1972, and $66,500,000 for the fiscal year ending June 30, 1973, for the purpose of carrying out the provisions of this part. PART D — T R A I N I N G PERSONNEL FOR THE EDUCATION OF THE HANDICAPPED GRANTS TO INSTITUTIONS OF HIGHER EDUCATION AND OTHER APPROPRIATE INSTITUTIONS OR AGENCIES

SEC. 631. The Commissioner is authorized to make grants to institutions of higher education and other appropriate nonprofit institutions or agencies to assist them— (1) in providing training of professional personnel to conduct training of teachers and other specialists in fields related to the education of handicapped children; (2) in providing training for personnel engaged or preparing to engage in employment as teachers of handicapped children, as supervisors of such teachers, or as speech correctionists or other special personnel providing special services for the education of such children, or engaged or preparing to engage in research in fields related to the education of such children; and (3) in establishing and maintaining scholarships, with such stipends and allowances as may be determined by the Commissioner, for training personnel engaged in or preparing to engage in employment as teachers of the handicapped or as related specialists. Grants under this subsection may be used by such institutions to assist in covering the cost of courses of training or study for such personnel and for establishing and maintaining fellowships or traineeships with such stipends and allowances as may be determined by the Commissioner. GRANTS TO STATE EDUCATIONAL AGENCIES

SEC. 632. The Commissioner is authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to institutions of higher education, programs for training personnel engaged, or preparing to engage, in employment as teachers of handicapped children or as supervisors of such teachers. Such grants shall also be available to assist such institutions in meeting the cost of training such personnel. GRANTS OR CONTRACTS TO IMPROVE RECRUITING OF EDUCATIONAL PERSONNEL, AND TO IMPROVE DISSEMINATION OF INFORMATION CONCERNING EDUCATIONAL OPPORTUNITIES FOR THE HANDICAPPED

SEC. 633. The Commissioner is authorized to make grants to public or nonprofit private agencies, organizations, or institutions, or to enter into contracts with public or private agencies, organizations, or institutions, for projects for— (1) encouraging students and professional personnel to work in various fields of education of handicapped children and youth through, among other ways, developing and distributing imaginative or innovative materials to assist in recruiting personnel for such careers, or publicizing existing forms of financial aid which might enable students to pursue such careers, or (2) disseminating information about the programs, services, and resources for the education of handicapped children, or pro-

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vidino- referral services to parents, teacliers, and other persons especially interested in the handicapped. ' I ' l U l N IX G OK rilYSICAT.^ EDUCATOKS A X D KECREATIOX I'EUSOXXEL?X)K IIAXDICAIM'EI) C H I L D K E X

SEC. 634. The Commissioner is authorized to make jrrants to institutions of higher education to assist them in providing training for personnel engaged or preparing to engage in employment as physical educators or recreation personnel for handicapped children or as educators or supervisors of such personnel, or engaged or preparing to engage in research or teaching in fields related to the physical education or recreation of such children. REPORTS

SEC. 635. Each recipient of a grant under this part during any fiscal year shall, after the end of such fiscal year, submit a report to the Commissioner. Such report shall he in such form and detail and contain such information as the Commissioner determines to be appropriate. A U T II O R I Z A T I O X OF A I ' P R O r i U A T l O X S

SEC. 636. There are authorized to \ye appropriated for carrying out this part, $69,500,000 for the fiscal year ending June 30, 1971, $87,000,000 for the fiscal year ending June 30, 1972, and $103,500,000 for the fiscal year ending «Tune 30, 1973. PART

E—RESEARCH

IX

THE

EDICATIOX

OF

THE

HAXDICAPPED

RESEARCH AXD DEMOXSTRATIOX P]{OJECTS IX EOICATIOX OF HAXDICAL'PED CHILDREX

SEC. 641. The (V)nnnissioner is authorized to nnike grants to States, State or local educational agencies, institutions of higher education, and other public or nonprofit private educational or research agencies and organizations, and to make contracts with States, State or local educational agencies, institutions of higher education, and other public or private educational or research agencies and organizations, for research and related purposes and to conduct research, surveys, or demonstrations, relating to education of handicapped children. RESEARCH AXD DEMOXSTRATIOX PROJECTS IX P H Y S I C A L EDUCATIOX AXD RECREATIOX FOR H A X D I C A P P E D C H I L D R E X

S E ( \ 642. The Connnissioner is authorized to make grants to States. State or local educational agencies, institutions of higher education, and other public or nonprofit private educational or research agencies and organizations, and to make contracts with States, State or local educational agencies, institutions of higher education, and other public or pri\ate educational or research agencies and organizations, for research and related purposes relating to physical education or recreation for handicapped children, and to conduct researcli, surveys, or demonstrations relating to physical education or recreation for handicapped children. P A X ELS OF EXPERTS

SEC. 643. The Commissioner shall from time to time appoint panels Evaluation prior of experts who are competent to evaluate various types of research or *° ^'•^"''

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demonstration projects under this part, and shall secure the advice and recommendations of one such panel before making any grant under this part, AUTHORIZATION OF APPROPRIATIONS

SEC. 644. There are hereby authorized to be appropriated $27,000,000 for the fiscal year ending June 30, 1971, $35,500,000 for the fiscal year ending June 30, 1972, and $45,000,000 for the fiscal year ending June 30, 1973, for carrying out the provisions of this part. PART F—INSTRUCTIONAL MEDIA FOR THE HANDICAPPED PURPOSE

SEC. 651. (a) The purposes of this part are to promote— (1) the general welfare of deaf persons by (A) bringing to such persons understanding and appreciation of those films which play such an impoitant part in the general and cultural advancement of hearing persons, (B) providing through these films enriched educational and cultural experiences through which deaf persons can be brought into better touch with the realities of their environment, and (C) providing a wholesome and rewarding experience which deaf persons may share together; and (2) the educational advancement of handicapped persons by (A) carrying on research in the use of educational media for the handicapped, (B) producing and distributing educational media for the use of handicapped persons, their parents, their actual or potential employers, and other persons directly involved in work for the advancement of the handicapped, and (C) training persons in the use of educational media for the instruction of the handicapped, CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED PERSONS

Loan service,

SEC. 652. (a) The Commissioner shall establish a loan service of captioned films and educational media for the purpose of making such materials available in the United States for nonprofit purposes to handicapped persons, parents of handicapped persons, and other persons directly involved in activities for the advancement of the handicapped in accordance with regulations, (b) The Commissioner is authorized to— (1) acquire films (or rights thereto) and other educational media by purchase, lease, or gift; (2) acquire by lease or purchased equipment necessary to the administration of this part; (3) provide for the captioning of films; (4) provide for the distribution of captioned films and other educational media and equipment through State schools for the handicapped and such other agencies as the Commissioner may deem appropriate to serve as local or regional centers for such distribution; (5) provide for the conduct of research in the use of educational and training films and other educational media for the handicapped, for the production and distribution of educational and training films and other educational media for the handicapped and the training of persons in the use of such films and media, including the payment to those persons of such stipends (including allowances for travel and other expenses of such persons and their dependents) as he may determine, which shall be consistent with prevailing practices under comparable federally supported programs;

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STAT. ]

(6) utilize the facilities and services of other governmental agencies; and (7) accept gifts, contributions, and voluntary and uncompensated services of individuals and organizations. N A T I O N A L CENTER O N EDUCATIONAL MEDIA A N D MATERIALS FOR THE HANDICAPPED

SEC. 653. (a) The Secretary is authorized to enter into an agreement with an institution of higher education for the establishment and operation of a National Center on Educational Media and Materials for the Handicapped, which will provide a comprehensive program of activities to facilitate the use of new educational technology in education programs for handicapped persons, including designing and developing, and adapting instructional materials, and such other activities consistent with the purposes of this part as the Secretary may prescribe in the agreement. Such agreement shall— (1) provide that Federal funds paid to the Center will be used solely for such purposes as are set forth in the agreement; -di (2) authorize the Center, subject to the Secretary's prior approval, to contract with public and private agencies and organizations for demonstration projects; and (3) provide for an annual report on the activities of the Center which will be transmitted to the Congress, (b) I n considering proposals from institutions of higher education to enter into an agreement under this subsection, the Secretary shall give preference to institutions— (1) which have demonstrated the capabilities necessary for the development and evaluation of educational media for the handicapped; and (2) which can serve the educational technology needs of the Model High School for the Deaf (established under Public Law 89-694). AUTHORIZATION OF APPROPRIATIONS

SEC. 654. For the purpose of carrying out this part, there are hereby authorized to be appropriated not to exceed $12,500,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending JuHe 30, 1973, and each succeeding fiscal year thereafter. .

'••'

PART G — S P E C I A L PROGRAMS FOR CHILDREN W I T H LEARNING DISABILITIES •'

'

SPECIFIC

R E S E A R C H, T R A I N I N G, A N D MODEL CENTERS

SEC. 661. (a) The Commissioner is authorized to make grants to, and contracts with, institutions of higher education. State and local educational agencies, and other public and private educational and research agencies and organizations (except that no grant shall be made other than to a nonprofit agency or organization) in order to carry out a program of— (1) research and related purposes relating to the education of children with specific learning disabilities; (2) professional or advanced training for educational personnel who are teaching, or are preparing to be teachers of, children with specific learning disabilities, or such training for persons who are, or are preparing to be, supervisors and teachers of such personnel; and

Establishment.

Report to Congress.

80 Stat. 1027. D.C. Code a l i o s 1 note.

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Appropriations.

[84 STAT.

(3) establishing and operating model centers for the improvement of education of children with specific learning disabilities, which centers shall (A) provide testing and educational evaluation to identify children with learning disabilities who have been referred to such centers, (B) develop and conduct model programs designed to meet the special educational needs of such children, (C) assist appropriate educational agencies, organizations, and institutions in making such model programs available to other children with learning disabilities, and (D) disseminate new methods or techniques for overcoming learning disabilities to educational institutions, organizations, and agencies within the the area served by such center and evaluate the effectiveness of the dissemination process. Such evaluation shall be conducted annually after the first year of operation of a center. I n making grants and contracts under this section the Commissioner shall give special consideration to applications which propose innovative and creative approaches to meeting the educational needs of children with specific learning disabilities, and those which emphasize the prevention and early identification of learning disabilities. (b) I n making grants and controls under this section, the Commissioner shall— (1) for the purposes of clause (2) of subsection (a), seek to achieve an equitable geographical distribution of training programs and trained personnel throughout the Nation, and (2) for the purposes of clause (3) of subsection (a), to the extent feasible, taking into consideration the appropriations pursuant to this section, seek to encourage the establishment of a model center in each of the States. (c) For the purpose of making grants and contracts under this section there are hereby authorized to be appropriated $12,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, and $31,000,000 for each of the succeeding fiscal years ending prior to July 1, 1973. REPEALER

Effective date.

79 Stat. 983. 42 USC 24912494. 72 Stat. 1777. 20 USC 611617. 80 Stat. 1204; 81 Stat. 800, 813. 20 USC 87 1880a.

SEC. 662. Effective July 1, 1971, the following provisions of law are repealed: (1) That part of section 1 of the Act of September 2, 1958 (Public Law 85-905), which follows the enacting clause and sections 2,3, and 4 of such Act; (2) The Act of September 6, 1958 (Public Law 85-926); _ (3) Title VI of the Element^ary and Secondary Education Act of 1965 (Public Law 89-10); (4) Titles III and V of the Act of October 31, 1963 (Public Law 88-164); and (5) The Act of Septeml)er 30, 1968 (Public Law 90-538).

77 Stat. 29 4.

20 USC 618, 676. 81 Stat. 42 USC seq. 8 2 Stat. 20 USC 624. 82 Stat. 20 USC

611530. 2698 et 901. 6211065. 1242.

TITLE VII—VO(\^TIONAL EDUCATION E X T E N S I O N o r PROGRAM OK GRANTS FOR SPECIAE PROGRAMS FOR DISADVANTAGED STI^DENTS

SEC. 701. Section 102(b) of the Vocational Education Act of 1963 is amended by inserting after "1970," the following: "$50,000,000 for the fiscal year ending June 30. 11)71, and $60,000,000 for the fiscal year ending June 30, 1972,".

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AMENDMENT

SEC. "02. Section 103(a)(2)(D) of the Vocational Education Act of 1963 is aaiiended by striking out "5 per centum" and inserting in lieu thereof "15 per centum".

82 Staf. 1065. 20 USC 1243.

C L A R I F Y I N G AMENDMENT W I T H RESPECT TO STATE ADVISORY C O U N C I L S

SEC. 703. Section 104(b)(1) of the Vocational Education Act of 1963 is amended by inserting after "State board are elected" the following: " (including election by the State legislature)". E X T E N S I O N OF AUTHORITY FOR RESIDENTIAL

20 USC 1244.

FACILITIES

SEC. 704. (a) Section 152(a)(1) of the Vocational Education Act of 1963 is amended by striking out "$15,000,000 for the fiscal year ending June 30, 1970" and inserting in lieu thereof "for each of the succeeding fiscal years ending prior to July 1, 1972". (b) Section 153(d)(2) of such Act is amended by striking out "1969" and inserting in lieu thereof "1970, and on July 1, 1971".

20 USC 1322.

20 USC 1323.

PROMOTION OF KNOWLEDGE OF N U T R I T I O N

SEC. 705. Section 161(b) of the Vocational Education Act of 1963 is amended by adding after "consumer education programs," the following: "including promotion of nutritional knowledge and food use and the understanding of the economic aspects of food use and purchase,". E X T E N S I O N OF AVORK-STUDY

20 USC 1341.

PK(RAMS

SEC. 706. (a) Section 181(a) of the Vocational Education Act of 1963 is amended by inserting after "1970" a comma and the following: 20 USC 1371. ';$45,000,000 for the fiscal year ending June 30, 1971, and $55,000,000 for the fiscal year ending June 30, 1972,". (b) Section 183(a) of such Act is amended by striking out "the fiscal 20 USC 1373. year ending June 30, 1970" and inserting in lieu thereof "any succeeding fiscal year". E X T E N S I O N OF C U R R I C U L U M DEVELOPMENT PROGRAM

SEC. 707. Section 191(b) of the Vocational Education Act of 1963 is amended by striking out "the fiscal year ending June 30, 1970" and inserting in lieu thereof "each of the succeeding fiscal years ending prior to July 1, 1972".

20 USC 1391.

E X T E N S I O N OF PART F OF THE EDUCATION PROFESSIONS DEVELOPMENT.\CT

SEC. 708. Section 555 of the Education Professions Development Act (title V of the Higher Education Act of 1965) is amended by striking out "and" where it appears after "1969," and by inserting before the period at the end thereof a comma and the following: "the sum of $40,000,000 for the fiscal year ending June 30, 1971, and the sum of $45,000,000 for the fiscal year ending June 30, 1972". TE(: 11NICAL

AMENDMENT

SEC. 709. Section 104 of the Vocational Education Amendments of 1968 is amended by striking out "this Act" and inserting in lieu thereof "the Vocational Education Act of 1963". 47-348 O - 72 - 16 (Pt. 1)

82 sta^ 109420 USC 1119C-4. " '"^^ '"

20 USC 11 note.

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TITLE VIII—MISCELLANEOITS WAIVER OF M A T C H I N G M: Q U I K E M E N T

82 Stat. 1018. 20 USC* 106R

I N THE IJPWAKI) BOUND I'ROCJRAM

SEC. 801. Section 408(c)(1) of the Hii^her P:ducation Act of 1965 •

.

.

^ ' ^ '

.

®

•

IS airiended by inserting after the third sentence thereof the following: "The Commissioner may,howexer, approve assistance in excess of such percentage if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this section. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services." E X T E N S I O N OF AUTHORIZATION FOR ADVISORY C O U N C I L UNDER EDUCATION PROFESSIONS DEVEEOFMENT ACT

81 Stat. 82. 20 USC 1091a.

SEC. 802. Section 502(f) of the Education Professions Development Act (title V of the Higher Education Act of 1965) is amended by gfj.Ji^ij^^ out "two"' and inserting in lieu thereof "three". TEACHER CORPS ASSISTANCE FOR I N D I A N

81 Stat. 86.

CHILDREN

SEC. 803. The first sentence of section 513(c)(2) of the Higher Education Act of 1965 is amended to read as follows: "Not to exceed

20 USC 110'^

3 per centum of the number of members of the Teaclier Corps who are available shall be allocated to Puerto Rico and the Virgin Islands and not to exceed 5 per centum of such members shall be allocated to the elementary and secondary schools operated for Indian children by the Department of Interior, according to their respective needs." S T U D E N T T E A C H E R CORPS

79 Stat. 1255. 20 USC 11 1.

81 Stat. 85; ^^o'useTio'i

!i stau 85^^ " """ '

20 USC 1103.

SEC. 804. (a) I t is the purpose of this section to encourage high school and college students, parents, and other community residents to volunteer for service on a part-time or full-time basis as tutors or instructional assistants for children in disadvantaged areas and to provide support by the Teacher Corps of volunteer programs to be carried out by State and local educational agencies and institutions of higher education. (b)(1) Section 511(a) of the Higher Education Act of 1965 is amended by deleting the word "and" at the end of paragraph (1), by deleting the period at the end of paragraph (2) and inserting in lieu thereof a semicolon and the word "and", and by inserting after paragraph (2) the following new paragraph: "(3) attracting volunteers to serve as part-time tutors or fulltime instructional assistants in programs carried out by local educational agencies and institutions of higher education serving such areas." (2) Section 511(b) of such Act is amended by striking out "$56,000,000 for each of the succeeding fiscal years ending prior to July 1, 1971" and inserting in lieu thereof "$80,000,000 for the fiscal year ending June 30, 1970, and $100,000,000 for the fiscal year ending June 30, 1971". (c) Paragraph (1) of section 513(a) of such Act is amended by inserting before the semicolon at the end thereof a comma and the following: "and, for such periods as the Commissioner may prescribe by regulation, persons who volunteer to serve as part-time tutors or full-time instructional assistants".

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Stat. 85. (d) Section 513(a) of such Act is further amended by redesignat- 81 USC 1103. 20 ing paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting after paragraph (4) the following new paragraph: Contract "(5) enter into contracts or other arrangements with local edu- authority. cational agencies or institutions of higher education, upon approval by the appropriate State educational agency, under which provisions (including payment of the cost of such arrangements) will be made (A) to carry out programs serving disadvantaged areas in which volunteers (including high school and college students) serve as part-time tutors or full-time instructional assistants in teams with other Teacher Corps members, under the guidance of experienced teachers, but not in excess of 90 per centum of the cost of compensation for such tutors and instructional assistants may be paid from Federal funds, and (B), to provide appropriate training to prepare tutors and instructional assistants for service in such programs;". (e) Section 514(a) of such Act is amended— 8/stat^'86^^^^ (1) by inserting after "paragraph (3) of section 513(a)" a 20 USC 1104. comma and the following: "or an arrangement with a local educational agency or institvition of higher education pursuant to paragraph (5) of section 513(a),"; supra. (2) by striking out in paragraph (2) "is equal to" and inserting in lieu thereof "does not exceed", and by striking out "$75 per week" in such paragraph and inserting m lieu thereof "$90 per week"; and (3) by deleting the word "and" at the end of paragraph (1), by deleting the period at the end of paragraph (2) and inserting in lieu thereof a semicolon and the word "and", and by inserting after paragraph (2) the following new paragraph: "(3) tutors and instructional assistants shall be compensated at such rates as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported work-study programs." .-^-. TEACHER CORPS CORRECTIONS EDUCATION

PROJECTS

SEC. 805. (a) Section 511(a) of the Higher Education Act of 1965 (as amended by section 804(b) of this Act) is further amended by deleting the word "and" at-the end of paragraph (2), by deleting the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and the word "and", and by inserting after paragraph (3) the following new paragraph: "(4) attracting and training educational personnel to provide relevant remedial, basic, and secondary educational training, including literacy and communications skills, for juvenile delinquents, youth offenders, and adult criminal offenders." (b) Section 513(a) of such Act is further amended by redesignating paragraphs (6), (7), and (8) (as redesignated by section 804(d) of this Act), and all references thereto, as paragraphs (7), (8), and (9), respectively, and by inserting after paragraph (5) the following new paragraph: "(6) enter into arrangements, through grants or contracts, with State and local educational agencies, and with institutions of higher education, and such other agencies or institutions approved by the Commissioner according to criteria which shall be established by him to carry out the purposes of this paragraph, under which provisions (including payment of the cost of such arrangements) will be made to furnish to such agencies members of the Teacher Corps to carry out projects designed to meet the

^"f^, p. 190.

^"P'-«-

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

special educational needs of juvenile delinquents, youth offenders, and adult criminal offenders, and persons who have been determined by a State or local educational agency, court of law, law enforcement agency, or any other State or local public agency to be predelinquent juveniles, but not in excess of 90 per centum of the cost of compensation for Teacher Corps members serving in such projects may be paid from Federal funds;". (^) Section 514(a) of such Act is further amended by inserting before "shall provide" the following: "or an arrangement with any agency pursuant to paragraph (6) of Section 513(a),". PROVISIONS RELATED TO G U ' ^ E D A N D T A L E N T E D C H I L D R E N

79 Stat. 1258.

20 USC n i l.

8 2^ St at I'\'04 2^!^' 20 USC 1141.

Report to Congress.

bEC. 806. (a) Section 521 of the Higher Education Act of 1965 (relating to fellowships for teachers) is amended by inserting in the last sentence thereof after the words "handicapped children" a comma and the following: "and for gifted and talented children". (^) Section 1201 of such Act ( r e l a t i n g to definitions) is amended by a d d i n g at the e n d thereof the following new paragraph:

"(k) 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." (c)(1) The Commissioner of Education shall: (A) determine the extent to which special educational assistance programs are necessary or useful to meet the needs of gifted and talented children, (B) show which existing Federal educational assistance programs are being used to meet the needs of gifted and talented children, (C) evaluate how existing Federal educational assistance programs can be more effectively used to meet these needs, and (D) recommend which new programs, if any, are needed to meet these needs. ^2) The Commissioner shall report his findings, together with his recomuiendatious, to the Congress not later than one year after the enactment of this Act. CONSOLIDATION OF TITLE III OF THE N A T I O N A L DEFENSE EDUCATION ACT OF 1958 A N D SECTION 1 2 OF THE N A T I O N A L F O U N D A T I O N FOR THE ARTS AND THE H U M A N I T I E S ACT OF 1965

78 Stat. 1103. 20 USC 443. 72 Stat. 1589.

82 Stat. 1052. 20 USC 441. Repeal.

79 Stat. 854. 20 USC 961

SEC. 807. (a)(1) Section 303(a) of the National Defense Education Act of 1958 is amended by striking out "science, mathematics, history, civics, geography, economics, industrial arts, modern foreign language, English, or reading" and inserting in lieu thereof "academic subjects". (2) Section 303(a)(5) of such Act is amended by striking out "the fields of science, mathematics, history, civics, geography, economics, industrial arts, modern foreign languages, English, and reading" and inserting in lieu thereof "academic subjects". (3) The first sentence of section 301 of such Act is amended by strik.^g ^^^ "$120,000,000" and inserting in lieu thereof "$120,500,000" and by striking out "$130,000,000" and inserting in lieu thereof "$130,500,000". (j^)) Section 12 of the National Foundation on the Arts and the Humanities Act of 1965 is hereby repealed.

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ADVISORY COUNCIT. ON RESEARCH AND DEVELOPMENT

SEC. 808. Section 2 of the Cooperative Research Act of 1954 is ^/^^^l^'^^"^' amended by adding the following new subsection at the end thereof: 20 USC 331a. "(e)(1) The Commissioner shall establish in the Office of Education an Advisory Council on Research and Development, consisting of fifteen members appointed, without regard to the civil service laws, by the Commissioner with the approval of the Secretary of Health, Education, and Welfare. The Commissioner shall appoint one such member as Chairman. Such members shall include persons recognized as authorities in the field of educational research and development or in related fields. "(2) The Advisory Council shall advise the Commissioner with respect to matters of general policy arising in the administration of this Act.-' R E S E A R C H O N P R O B L E M S O F FINANCING ELEMENTARY AND SECONDARY

EDUCATION

SEC. 809. fa) The Congress finds that— (1) insufficient national concern has been focused upon the escalating operating expenses and construction costs faced by school districts, including serious inequities within and among States in financial support of elementary and secondary education; (2) taxpayer resistance to the existing tax structure is growing and school bond issues and budget requests are being rejected; (3) school districts are facing serious fiscal crises as they approach or exceed statutory limits on taxing and bonding authority; and (4) there is a need for additional knowledge to solve these problems. (b) I t is the purpose of this section— (1) to provide for research and reports on such problems under the Cooperative Research Act; and 20 USC 331 (2) to provide for a National Commission on School Finance to study such problems and report to the Commissioner and the Report to Congress within two years. Congress. (c) Section 2(a) of the Cooperative Research Act is amended by 20 USC 331a. inserting at the end thereof the following: "(3) The Commissioner shall, pursuant to his authority under this Act, provide for research regarding the problems of financing elementary and secondary education. Such research shall include, but not be 1 imited to, recommendations concerning— " (A) an appropriate division of responsibility among local. State, and the Federal Government in financing elementary and secondary education; " (B) an appropriate balance of categorical aid, general aid, and school construction aid in the total Federal responsibility for financing elementary and secondary education; " (C) new approaches to relieve the fiscal crisis now facing the schools; " (D) the use of Federal revenue sharing for supporting elementary and secondary education; and " (E) methods to minimize variations within and among States in per pupil expenditures for elementary and secondary education. The Commissioner shall make a preliminary report to the Congress Report to Congress. not later than one hundred and twenty days after the date of enactment of the Elementary and Secondary Education Amendments of 1969 identifying all existing federally financed research in this area (whether authorized under this or any other Act) and the current status of such research. Thereafter, the Commissioner shall report the

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National Commission on School Finance. Establisliment. Membership.

Ante, p. 193. Report to Congress.

Ante, p. 165.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

results of, and recommendations with respect to, research under this paragraph as a separate and distinct part of his annual report pursuant to subsection (d). " (d) The Commissioner shall, not later than ninety days after the date of enactment of this Act, establish a National Commission on School Finance Such Commission shall consist of fifteen members appointed from 1) members of State and local educational agencies, (2) State and local government officials, (3) education administrators, (4) teachers, (5) financial experts, (6) parents with one or more children in a public elementary or secondary school, (7) the Office of Education, (8) the Department of the Treasury, with the approval of the Secretary of the Treasury, and (9) other appropriate fields. The Commissioner shall appoint a chairman and vice chairman from among; such members. Such Commission shall make a full and complete investigation and study of the financing of elementary and secondary education, including, but not limited to, the matters referred to in section 2(a)(3) of the Cooperative Research Act (as amended by subsection (c) of this section). The Commission shall report the results of such investigation and study and its recommendations to the Commissioner and the Congress not later than two years after the date of enactment of this Act. Funds available for the purposes of the Cooperative Research Act and for the purposes of section 402 of Public Law 90-247 shall be available for the purposes of this subsection. CONSTRUCTION OF EDUCATIONAL RESEARCH F A C I L I T I E S

79 Stat. 46. 20 USC 332a.

SEC. 810. Section 4(a) of the Cooperative Research Act (Public Law 83-531) is amended by striking out "July 1, 1970" and substituting in lieu thereof "July 1, 1973", and by striking out "July 1, 1971" and substituting in lieu thereof "July 1, 1974". --—- AMENDMENT RELATING TO THE AMERICA N P R I N T I N G H O U S E FOR THE B L I N D

Appropriatic expenditure. 70 Stat. 938.

SEC. 811. (a^ The paragraph designated "First" in section 3 of the Act entitled "An Act to promote the education of the blind", approved March 3, 1879 (20 U.S.C. 102), is amended to read as follows: "First. (A^ Such appropriation shall be expended by the trustees of the American Printing House for the Blind each year in manufacturing and furnishing books and other materials specially adapted for instruction of the blind; and the total amount of such books and other materials so manufactured and furnished by such appropriation shall each year be distributed among all the public and private nonprofit institutions in the States, territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, in which blind pupils are educated. Each public and private nonprofit institution for the education of the blind shall receive, in books and other materials, upon requisition of its superintendent, that portion of the appropriation as is shown by the ratio between the number of blind pupils in that institution and the total number of blind pupils in all of the public and private nonprofit institutions in which blind pupils are educated. Each chief State school officer shall receive, in Dooks and other materials, upon requisition, that portion of the appropriation as is shown by the ratio between the number of blind pupils in public and private nonprofit institutions (in the State) m which blind pupils are educated, other than institutions to which the preceding sentence is applicable, and the total number of blind pupils in the public and private nonprofit institutions in which blind pupils are educated in all of the States, territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of

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 84 STAT. ]

PUBLIC LAW 91-231-APR. 15, 1970

Columbia. The ratio referred to in each of the two immediately preceding sentences shall be computed upon the first Monday in January of each year; and for purposes of such sentences the number of blind pupils in public and private nonprofit institutions in which blind pupils are educated shall be authenticated in such manner and as often as the trustees of the American Printing House for the Blind shall require. For purposes of this Act, an institution for the education of the blind is any institution which provides education exclusively for the blind, or exclusively for the blind and other handicapped children (in which case special classes are provided for the blind); the chief State school officer of a State is the superintendent of public elementary and secondary schools in such State or, if there is none, such other official as the Governor certifies to have comparable responsibility in the State; and a blind pupil is a blind individual pursuing a course of study in an institution of less than college grade. " (B) The portion of the appropriation received by each chief State school officer, in such books and other materials under subparagraph (A) of this paragraph which represents the number of blind pupils in private nonprofit institutions in such State in which blind pupils are educated shall be distributed among such institutions on the basis of the number of blind pupils in each such institution as compared to the total number of such pupils in all of the private nonprofit institutions in which blind pupils are educated in such State. " (C) All books and other materials furnished pursuant to this Act, and control and administration of their use, shall vest only in a public agency. Such books and materials made available pursuant to this Act for use of teachers and blind pupils in any State, Territory, or possession of the United States, the (Commonwealth of Puerto Rico, and the District of Columbia in any •, school shall be limited to those books and materials which have been approved by an appropriate educational authority or agency of such State, Territory, possession. Commonwealth, or District. or any local educational authority thereof, for use, or are used, in a public elementary or secondary school therein.'' (b) The paragraph designated "Fourth" of section 3 of the Act entitled "An Act to promote the education of the blind", approved March 8, 1879, as amended (20 U.S.C. 102), is amended by inserting immediately after "public", the following: "and private nonprofit". (c) Section 4 of such Act is amended by inserting immediately after "public", the following: "or private nonprofit". Approved April 13, 1970.

195

._

.V!<

20 Stat. 468.

20 USC 104.

Public Law 91-231 1 - v;:,.

..

AN ACT To increase the pay of P^'ederal employees.

April 15, 1970 [s. 3690]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Empioybe cited as the "Federal Employees Salary Act of 1970". 1970^^ ^"^^ ^""^ °^ SEC. 2. (a)(1) The President shall increase the rates of basic pay, basic compensation, and salaries (as such rates were increased by Executive Order Numbered 11474, dated June 16, 1969) contained ^^\^^^^ "^^ in the schedules listed in paragraph (2) of this subsection by amounts ""iT', „,o„, equal, as nearly as may be practicable and with regard to maintaining

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196

Post,

p. 719.

22 USC 867, 870. Pay i n c r e a s e s by conversion.

Publication in Statutes at Large, Federal Register, Code of Federal Regulations. ASCS county committee employees. Legislative branch employees. 16 USC 590h note. 2 USC 60e-14 and note.

52 Stat. 3 1; n Stat. 633.

Exceptions.

J u d i c i a l branch employees.

Secretaries and law c l e r k s.

[84 STAT.

approximately equal increments within any grade, level, or class of any such schedule, to 6 percent. (2) The schedules referred to in paragraph (1) of this subsection are as follows: the General Schedule contained in section 5332(a) of title 5, United States Code; the Postal Field Service Schedule and the Rural Carrier Schedule contained in sections 3542(a) and 3543(a), respectively, of title 39, United States Code; the schedules relating to certain positions within the Department of Medicine and Surgery of the Veterans' Administration and contained in section 4107 of title 38, United States Code; and the Foreign Service schedules contained in sections 412 and 415 of the Foreign Service Act of 1946. (b) Rates of basic pay, basic compensation, and salaries of officers and employees paid under the schedules referred to in subsection (a) of this section shall be increased initially under conversion rules prescribed by the President or by such agency as the President may designate. (c) The increases made by the President under this section shall have the force and effect of law and shall be printed in (1) the Statutes at Large in the same volume as public laws, (2) the Federal Register, and (3) the Code of Federal Regulations. SEC. 3. (a) The rates of pay of personnel subject to sections 210 and 214 of the Federal Salary Act of 1967 (81 Stat. 633, 635; Public I ^ w 90-206), relating to Agricultural Stabilization and Conservation County Committee employees and to certain employees of the legislative branch of the Government, respectively, and any minimum or maximum rate, limitation, or allowance applicable to any such personnelj shall be adjusted, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts which are identical, insofar as practicable, to the amounts of the adjustments under section 2 of this Act for corresponding rates of pay for employees subject to the General Schedule, by the following authorities— (1) the Secretary of Agriculture, with respect to individuals employed by the county committees established under section 590h(b) o f title l 6; (2) the President pro tempore of the Senate, with respect to the United States Senate; (3) the Finance Clerk of the House of Representatives, with respect to the United States House of Representatives; and (4) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol. The provisions of this section shall not be construed to allow adjustments in the rates of pay of the following officers of the United States House of Representatives: Parliamentarian, Chaplain, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and the four Floor Assistants to the Minority whose position titles formerly were Minority Clerk, Minority Sergeant at Arms, Minority Doorkeeper, and Minority Postmaster. (b) Notwithstanding section 665 of title 31, the rates of pay of employees in and under the judicial branch of the Government, whose rates of pay are fixed by administrative action pursuant to law and are not otherwise adjusted under this section may be adjusted, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts not to exceed the amounts of the adjustments under section 2(a) of this Act for corresponding rates of pay. The limitations fixed by law with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges shall be adjusted, effective on the first day of the first pay

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197

PUBLIC LAW 91-231-APR. 15, 1970

period which begins on or after the date on which adjustments become effective under this section, by amounts not to exceed the amounts of the adjustments under this section for corresponding rates of pay. (c) The rates of pay of United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to section 548 of title 28, United States Code, shall be increased, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts equal, as nearly as may be practicable, to the increases provided pursuant to section 2 of this Act for corresponding rates of pay. (d) J^otwithstanding section 665 of title 31, the rates of pay of employees of the Federal Government and of the government of the District of Columbia whose rates of pay are fixed by administrative action pursuant to law and are not otherwise increased pursuant to this section are hereby authorized to be increased, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts not to exceed the increases provided pursuant to section 2 of this Act for corresponding rates of pay in the appropriate schedule or scale of pay. SEC. 4. (a) An increase in pay, compensation, or salary which becomes effective under section 2 of this Act is not an equivalent increase in pay within the meaning of section 5335 of title 5, United States Code, or section 3552 of title 39, United States Code. (b) Nothing in this Act shall impair any authority pursuant to which rates of pay, compensation, or salary may be fixed by administrative action. (c) Notwithstanding any provisions other than section 6 of this

U.S. a t to r n e y s and a s s i s t a n t U.S. attorneys. 80 Stat. 618; 81 Stat. 6 3 3.

Salaries fixed by administrative action. Federal and D.C. government employees.

80 Stat. 469. 76 Stat. 854; Post, p. 719.

Act— (1) any officer or employee of the United States Government receiving pay, compensation, or salary which is less than the basic pay for level V of the Executive Schedule in section 5316 of title 5, United States Code, in effect on the date of enactment of this Act, shall not have his pay, compensation, or salary increased, by reason of the enactment of this Act, to a rate in excess of the basic pay for such level V; and (2) any officer or employee of the United States Government receiving pay, compensation, or salary equal to or in excess of the basic pay for such level V shall not have his pay, compensation, or salary increased. SEC. 5. (a) Retroactive pay, compensation, or salary shall be paid by reason of this Act only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this Act, except that such retroactive pay, compensation, or salary shall be paid— (1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act, for services rendered during such period; and (2) in accordance with subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts, for services rendered, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act, by an officer or employee who died during such period. Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, or any other

83 Stat. 864. 5 USC 5316 note.

Retroactive pay.

80 Stat. 495; 82 Stat. 1212. 5 USC 5581.

80 Stat. 564; 83 Stat. 136. 5 USC 8331.

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198

D.C. j u d g e s. 82 Stat. 1119; Post, p. 475.

Post, 579.

p p. 574,

Former U.S. Presidents' staffs. 81 Stat. 642. Premium pay. 80 Stat. 487; 81 Stat. 200, 638.

Percentage rate.

P o s t, p. 198-1.

Effective dates.

Life insurance, 80 Stat. 592. 5 USC 8701.

Retirement deductions and contributions.

[84 STAT.

retirement law or retirement system, in the case of any such retired or deceased officer or employee. (b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the United States Government or the municipal government of the District of Columbia. SEC. 6. (a) Section 11-702(d) of the District of Columbia Code is amended by striking out "$29,000" and "$28,500" and inserting in lieu thereof "$36,500" and "$36,000", respectively. (b) Section 11-902(d) of the District of Columbia Code is amended by striking out "$28,000" and "$27,500" and inserting in lieu thereof "$34,500" and "$34,000", respectively. (c) The first sentence of the second paragraph of section 2 of the District of Columbia Revenue Act of 1937, as amended (D.C. Code, sec. 47-2402), is amended by striking out "$27,500" and inserting in lieu thereof "$34,000". SEC. 7. The third sentence of subsection (b) of the first section of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), is amended by striking out "$80,000" and inserting in lieu thereof "$96,000". SEC. 8. Section 5545(c)(2) of title 5, United States Code, is amended to read as follows: "(2) an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled, overtime duty with the employee generally being responsible for recognizing, without supervision, circumstances which require him to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime, night, and Sunday duty, and for holiday duty. Premium pay under this paragraph is determined as an appropriate percentage, not less than 10 per centum nor more than 25 per centum, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10, by taking into consideration the frequency and duration of irregular unscheduled overtime duty required m the position." SEC. 9. (a) Sections 1 to 6, inclusive, of this Act shall become effective on the first day of the first pay period which begins on or after December 27, 1969. (b) This section and sections 7 and 8 of this Act shall become effective on the date of enactment of this Act. (c) For purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United States Code, relating to group life insurance for Government employees, all changes in rates of pay, compensation, and salary which result from the enactment of this Act shall be held and considered to become effective as of the date of such enactment. (d) Any deduction to be made as the result of the enactment of this Act from the pay, compensation, or salary of an officer or employee enrolled in a retirement system of the United States Government, and the contribution of the agency employing the officer or employee, shall be made at the rates of deductions and contributions in effect for that system on the date of such enactment. Approved April 15, 1970. . ^,,,, _ ,

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198-1

PUBLIC LAW 91-231-IMPLEMENTATION

In accordance with the provisions of section 2(c) of Public Law 91-231, Executive Orders 11524 and 11525 are printed below.] [NOTE:

Executive Order 11524 ADJUSTING RATES OF PAY FOR CERTAIN STATUTORY SCHEDULES

By virtue of the authority vested in me by the Constitution and statutes of the United States, including the Federal Employees Salary Act of 1970 and section 301 of title 3 of the United States Code, it is hereby ordered as follows: General Schedule SECTION 1. The rates of basic pay in the General Schedule contained in section 5332(a) of title 5, United States Code, are adjusted as follows: "GENERAL

__-_

5 USC 5332 note.

SCHEDULE

10 $4,125 4,621 5,212 5,853 _ 6,548 7,294 8,098 8,956 --, 9,881 10,869 11,905 14,192 -- 16,760 19,643 22,885 26,547 30,714 35,505". -. -

_

p. 195.

"Annual rates and steps

' Grade

GS-1.. GS-2. GS-3 GS-4. GS-5. GS-6 GS-7. GS-8 GS-9. GS-10 GS-11-. GS-12. GS-13 GS-14. GS-15. GS-16... GS-17. GS-18-

Ante,

$4,262 4,775 5,386 6,048 6,766 7,537 8,368 9,255 10,210 11,231 12,302 14,665 17,319 20,298 23,648 27,432 31,738

$4,399 4,929 5,560 6,243 6,984 7,780 8,638 9,554 10,539 11,593 12,699 15,138 17,878 20,953 24,411 28,317 32,762

$4,536 5,083 5,734 6,438 7,202 8,023 8,908 9,853 10,868 11,955 13,096 15,611 18,437 21,608 25,174 29,202 33,786

$4,673 5,237 5,908 6,633 7,420 8,266 9,178 10,152 11,197 12,317 13,493 16,084 18,996 22,263 25,937 30,087 34,810

$4,810 5,391 6,082 6,828 7,638 8,509 9,448 10,451 11,526 12,679 13,890 16,557 19,555 22,918 26,700 30,972

$4,947 5,545 6,256 7,023 7,856 8,752 9,718 10,750 11,855 13,041 14,287 17,030 20,114 23,573 27,463 31,857

$5,084 5,699 6,430 7,218 8,074 8,995 9,988 11,049 12,184 13,403 14,684 17,503 20,673 24,228 28,226 32,742

$5,221 5,853 6,604 7,413 8,292 9,238 10,258 11,348 12,513 13,765 15,081 17,976 21,232 24,883 28,989 33,627

$5,358 6,007 6,778 7,608 8,510 9,481 10,528 11,647 12,842 14,127 15,478 18,449 21,791 25,538 29,752

Schedules for the Postal Field Service SEC. 2. (a) The rates of basic compensation in the Postal Field Service Schedule contained in section 3542(a) of title 39, United States Code, are adjusted as follows:

39 USC note.

3542

" P O S T A L F I E L D SERVICE SCHEDULE

"Level PFS-1--.. PFS-2.... PFS-3..... PFS-4..... PFS-5.--.. PFS-6-.._ PFS-7..... PFS-8..... PFS-9..... PFS-10.... PFS-11... PFS-12-.- PFS-13.... PFS-14.--, PFS-15.-.. PFS-16,... PFS-17.... PFS-18.... PFS-19.... PFS-20.... PFS-21....

"Annual rates and steps 1

2

3

4

5

6

7

8

9

$4,794 5,182 5,602 6,056 6,548 7,077 7,650 8,269 8,940 9,645 10,717 11,905 13,227 14,695 16,328 18,138 20,152 22,390 24,875 27, 636 30,714

$4,954 5,355 5,789 6,258 6,766 7,313 7,905 8,545 9,238 9,967 11,074 12,302 13,668 15,185 16,872 18, 743 20,824 23,136 25,704 28,557 31,738

$5,114 5,528 5,976 6,460 6,984 7,549 8,160 8,821 9,536 10,289 11,431 12, 699 14,109 15,675 17,416 19,348 21,496 23,882 26,533 29,478 32,762

$5,274 5,701 6,163 6,662 7,202 7,785 8,415 9,097 9,834 10, 611 11, 788 13,096 14, 550 16,165 17,960 19,953 22,168 24,628 27,362 30,399 33,786

$5,434 5,874 6,350 6,864 7,420 8,021 8,670 9,373 10,132 10,933 12,145 13,493 14,991 16, 655 18,504 20. 558 22,840 25,374 28,191 31,320 34,810"

$5,594 6,047 6,537 7,066 7,638 8,257 8,925 9,649 10,430 11,255 12, 502 13,890 15,432 17,145 19,048 21,163 23, 512 26,120 29,020 32,241

$5,754 6,220 6,724 7,268 7,856 8,493 9,180 9,925 10,728 11, 577 12,859 14,287 15,873 17,635 19, 592 21,768 24,184 26,866 29,849 33,162

$5,914 6,393 6,911 7,470 8,074 8,729 9,435 10,201 11,026 11,899 13,216 14,684 16,314 18,125 20,136 22,373 24,856 27,612 30,678 34,083

$6,074 6,566 7,098 7,672 8,292 8,965 9,690 10,477 11,324 12,221 13,573 15,081 16,755 18,615 20,680 22,978 25,528 28,358 31,507

10

11

12

$6,234 $6,394 $6, 554 6,739 6,912 7,085 7,285 7,472 7,659 7,874 8,076 8,278 8,510 8,728 8,946 9,2019,437 9,673 9,945 10,200 10,455 10,753 11,029 11,622 12,543 13,930 15,478 17,196 19,105 21,224 23, 583 26,200 29,104 32,336

(b) The rates of basic compensation in the Rural Carrier Schedule contained in section 3543(a) of title 39, United States Code, are adjusted as follows;

39 USC note.

3543

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PUBLIC LAW 91-231-IMPLEMENTATION

[84 STAT.

" R U R A L CABEIER SCHEDULE

"Annual rates and steps 10 "Fixed compensation. $2,930 $3,088 $3,246 $3,404 $3,562 $3,720 $3,878 $4,036 $4,194 $4,352 $4,510 $4,668 For each mile up to 30 miles of route 110 112 114 116 118 120 122 124 126 128 130 132 For each mile of route over 30 26.50 26.50 26.50 26.50 26.50 26.50 26.50 26.50 26.50 26.50 26.50 26.50."

Sehedules

38 USC 4107

note

for

the Department Veterans''

of Medicine and Surgery Admhiistration

of

the

SEC. 3. The schedules contained in section 4107 of title 38, United States Code, for certain positions within the Department of Medicine and Surgery of the Veterans' Administration, are adjusted as follows: "Section 4103 Schedule "Assistant Chief Medical Director, $35,505. "Medical Director, $30,714 minimum to $34,810 maximum. "Director of Nursing Service, $22,885 minimum to $29,752 maximum. "Director of Chaplain Service, $22,885 minimum to $29,752 maximum. "Chief Pharmacist, $22,885 minimum to $29,752 maximum. "Chief Dietitian, $22,885 minimum to $29,752 maximum. "Physician and Dentist Schedule "Director grade, $26,547 minimum to $33,627 maximum. "Executive grade, $24,671 minimum to $32,069 maximum. "Chief grade, $22,885 minimum to $29,752 maximum. "Senior grade, $19,643 minimum to $25,538 maximum. "Intermediate grade, $16,760 minimum to $21,791 maximum. "Full grade, $14,192 minimum to $18,449 maximum. "Associate grade, $11,905 minimum to $15,478 maximum. "Nurse Schedule "Assistant Director grade, $19,643 minimum to $25,538 maximum. "Chief grade, $16,760 minimum to $21,791 maximum. "Senior grade, $14,192 minimum to $18,449 maximum. "Intermediate grade, $11,905 minimum to $15,478 maximum. "Full grade, $9,881 minimum to $12,842 maximum. "Associate grade, $8,519 minimum to $11,075 maximum. "Junior grade, $7,294 minimum to $9,481 maximum." Foreign Service Schedules SEC. 4. (a) The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: "Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8

-

--

$33,609 $34,729 26,358 27,237 - 20,888 21, 584 16. 760 17,319 - 13,618 14,072 11,245 11,620 9,765 9,450 8,368 8,098

$35,505, 28,116 $28,995 $29,874 $30,753 $31,632 22,280 22.976 23,672 24,368 25,064 17,878 18,437 18,996 19,555 20,114 14, 526 14,980 15,434 15,888 16,342 11,995 12.370 12.745 13,120 13,495 10,080 10,395 10,710 11,025 11,340 8,638 8,908 9,178 9,448 9,718".

(b) The per annuni salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 8 7 0 (a)), are adjusted as follows: "Class 1Class 2 Class 3 Class 4Class 5 Class 6 Class 7 - . Class 8 Class 9-Class 10

$20,888 $21,584 $22,280 $22,976 $23,672 $24,368 16,760 17,319 17,878 18,437 18,996 19,555 13,618 14,072 14,526 14,980 15,434 15,888 11,245 11,620 11,995 12,370 12,745 13,120 - 10,088 10,424 10,760 11,096 11,432 11,768 9,045 9,347 9,649 9,951 10,253 10, 555 9,465 8,115 8,385 8,655 8,925 9,195 8,491 7,276 7,519 7,762 8,005 8,248 7,615 6,525 6,743 6,9617,179 7,397 6,828 - 5,853 6,048 6,243 6,438 6,633

$25,064 $25,760 $26,456 $27,152 20,114 20,673 21,232 21,791 16,342 16, 796 17,250 17,704 13,495 13,870 14,245 14,620 12,104 12,440 12,776 13,112 10,857 11,159 11,461 11,763 9,735 10,005 10,275 10,545 8,734 8,977 9,220 9,463 7,833 8,051 8,269 8,487 7,023 7,218 7,413 7,608'

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 84 STAT. ]

PUBLIC LAW 91-231-IMPLEMENTATION

Conversion Rules SEC. 5. (a) The officers hereinafter designated shall prescribe such rules as may be necessary to convert the rates of basic pay, basic compensatio:-' or salaries of officers and employees to the rates prescribed in this order: (1) General Schedule, the Civil Service Commission. (2) Postal Field Service including the Rural Carrier Schedule, the Postmaster General. (3) Schedules for the Department of Medicine and Surgery of the Veterans' Administration, the Administrator of Veterans' Affairs. (4) Foreign Service schedules, the Secretary of State. (b) Subject to the provisions of this order, rules prescribed pursuant to subsection (a) shall conform as nearly as may be practicable to the provisions with regard to conversion contained in the Federal Salary Act of 1967, 81 Stat. 624. Entitlement to retroactive pay under such rules shall be subject to the provisions of section 5 of the Federal Employees Salary Act of 1970. Effective Date SEC. 6. This order shall take effect as of the first day of the first pay period beginning on or after December 27, 1969.

198-3

Ante, p. 197.

(^/Zj^-'TCjy^ THE W H I T E HOUSE,

April

15, 1970

Executive Order 11525 ADJUSTING THE RATES OF MONTHLY BASIC PAY FOR MEMBERS OF THE UNIFORMED SERVICES

By virtue of the authority vested in me by the laws of the United States, including the Act of December 16, 1967, 81 Stat. 649, the Federal Employees Salary Act of 1970, and section 301 of title 3 of the United States Code, and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: SECTION 1. The rates of monthly basic pay for members of the uniformed services within each pay grade are adjusted upwards as set forth in the following tables:

^"'e* P- i^s.

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198-4

[84 STAT.

COMMISSIONED OFFICERS Year s of service c o m p u t e d under section 205 P a y Grade 2 or less 0-10 > 0-9 0-8 0-7 0-6 0-5 0-4 0-3 2 0-2 2 0-12

'Over 2

$1,956.90 1,734.30 1,570.80 1,305.00 967.20 773.40 652.50 606.30 486.00 417.60

,

Over 3

$2,025.90 1,779.90 1,617.90 1,394.10 1,063.20 909.00 793.80 677. 70 577.20 462.60

$2,025.90 1,818.00 1,656. 60 1,394.10 1,132. 50 971.10 847.50 723.90 693. 30 577.20

Over 4 $2,025.90 1,818.00 1,656. 60 1,394.10 1,132. 50 971.10 847.50 801.60 716.40 577. 20

COMMISSIONED OFFICERS

Year s of service c o m p u t e d under section 205 P a y Grade Over 6

(1) v e r S

$2,025.90 1.818.00 1,656.60 1,456.20 1,132.50 971.10 862.50 839.70 731.40 577.20

0-10 I 0-9 0-8 0-7 0-6 0-5 0-4 0-3 2 0-2 2 0-12

COMMISSIONED

O v e r 10

$2,103.30 1,863.90 1,779. 90 1,456.20 1,132. 50 971.10 901.20 870.00 731.40 577.20

$2,103.30 1,863.90 1,779. &0 1,540.80 1,132. 50 1,001.10 962.40 916.80 731.40 577.20

O v e r 12 $2,264. 70 1,941.30 1,863.90 1, 540.80 1,132. 50 1,054. 50 1,016. 70 962.40 731.40 577.20

OFFICERS

Year s of service c o m p u t e d under section 205 P a y grade

O v e r 14 $2,264.70 1,941.30 1,863.90 1,617.90 1,170.90 1,125.00 1,063.20 985.80 731.40 577.20

O-lO' 0-9 0-8 0-7.. 0-6 0-5 0-4 0-3 2 0-22 0-12

COMMISSIONED

O v e r 18

O v e r 16 $2,426.70 2,103.30 1,941.30 1,779.90 1,356.00 1,209.30 1,109. 40 985.80 731. 40 577.20

$2,426.70 2,103.30 2,025.90 1,902.30 1,425.30 1,278.60 1,140.30 985.80 731.40 577.20

O v e r 20 $2, 588.70 2,264.70 2,103.30 1,902.30 1,456.20 1,317.00 1,140.30 985.80 731.40 577.20

OFFICERS

Year s of service c o m p u t e d under section 205 P a y Grade O v e r 22 O-lOi 0-9 0-8 0-7 0-6 0-5 0-4 0-3 2 0-22. 0-12

$2,588.70 2,264.70 2,188.20 1,902.30 1,540.80 1,363.50 1,140.30 985.80 731.40 577.20

O v e r 26 $2,750.40 2,426.70 2,188.20 1,902.30 1,671. 30 1,363.50 1,140.30 985.80 731.40 577.20

O v e r 30 $2,750.40 2,426.70 2,188.20 1,902.30 1,671.30 1,363.60 1,140.30 985.80 731.40 577.20

1 Wiiile serving as Ciiairman of the Joint Ciiiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $3,000.00 regardless of cumulative years of service computed under section 205 of this title. 2 Does not apply to commissioned officers who have been credited with over 4 years' active service as enlisted members.

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