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Rh Payne (T. O.) Solomon's Temple and Capitol, Ark of the Flood and Tabernacle (four sections at 24s.), extra binding, 105s. Pennell (H. Cholmondeley) Sporting Fish of Great Britain. 15s.; large paper, 30s. —— Modern Improvements in Fishing-tackle. Crown 8vo, 2s. Perelaer (M. T. H.) Ran Away from the Dutch; Borneo, &c. Illustrated, square 8vo, 7s. 6d. Pharmacopoeia of the United States of America. 8vo, 21s. Philpot (H.J.) Diabetes Mellitus. Crown 8vo, 5s. —— Diet System. Tables. I. Diabetes; II. Gout; III. Dyspepsia; IV. Corpulence. In cases, 1s. each. Plunkett (Major G. T.) Primer of Orthographic Projection. Elementary Solid Geometry. With Problems and Exercises. 2s. 6d. Poe (E. A.) The Raven. Illustr. by Dore. Imperial folio, 63s. Poems of the Inner Life. Chiefly Modern. Small 8vo, 5s. Polar Expeditions. See Porcher (A.) Juvenile French Plays. With Notes and a Vocabulary. 18mo, 5s. Porter (Admiral David D.) Naval History of Civil War. Portraits, Plans, &c. 4to, 25s. Porter (Noah) Elements of Moral Science. 10s. 6d. Portraits of Celebrated Pace-horses of the Past and Present Centuries, with Pedigrees and Performances. 4 vols., 4to, 126s. Powles (L. D.) Land of the Pink Pearl: Life in the Bahamas. 8vo, 10s. 6d. Poynter (Edward J., R.A.). See "Illustrated Text-books." Pritt (T. E.) North Country Flies. Illustrated from the Author's Drawings, 10s. 6d. Publisher' Circular (The), and General Record of British and Foreign Literature. Published on the 1st and 15th of every Month, 3s. Pyle (Howard) Otto of the Silver Hand. Illustrated by the Author. 8vo, 8s. 6d.

''AMBAUD. History of Russia''. New Edition, Illustrated. 3 vols., 8vo, 21s. ''Reber. History of Mediceval Art''. Translated by. 422 Illustrations and Glossary. 8vo. Redford (G. ) Ancient Sculpture. New Ed. Crown 8vo, 10s. 6d. ''Ried (Sir E. J., M.P.) and Simpson. Modern Ships of War''. lllust., royal 8vo, 10s. 6d. Richards (W.) Aluminium: its History, Occurrence, &c. Illustrated, crown 8vo, 12s. 6d.


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The Encyclopedia Americana (1920)/Sudermann, Hermann

SUDERMANN, Hermann, German dramatist and novelist: b: Matziken (near Heydekrug, East Prussia, 30 Sept. 1857). His father was a brewer, descended from a family of Dutch Mennonites, one of whom was the diddactic and moralistic author Daniel Sudermann (1550-1632), who wrote in German. Hermann Sudermann attended the Realschule at Elbing, the Realgymnasium at Tilsit, earning a living at the same time as an apothecary's apprentice, and went to the University of Königsberg, where he studied philology and history until 1877. In the latter year he went to Berlin and became a tutor to various Berlin families, including that of the author Hans Hopfen (1835-1904). He then turned to journalism (his first charge was that of co-editor of the Deutsches Reichsblatt, 1881-82), which was to be his introduction to literature. In 1891 he married the authoress Klare Lauckner, a widow (née Schulz, b. 14 Feb. 1861). Sudermann later retired to a villa at Grunewald, a suburb of Berlin, and now spends much of his time at his castle of Blankensee, near Trebbin, which the enormous royalties on his plays enabled him to acquire. But his first successes were not in the field of the drama, but in the novel and short story. ‘Im Zwielicht’ (‘In the Twilight’), a volume of short stories, appeared in 1887 (36th ed., 1910), followed in the same year by ‘Frau Sorge’ (English translation may be had under the name ‘Dame Care’), his most famous novel. The latter is a powerful, simply constructed, objective work, excellent in suggestion of tone and milieu, with a somewhat sensational ending. Björnson's story, ‘Arne,’ was probably used as a model, and Sudermann's work in turn served as the model for Frenssen's great success, ‘Jörn Uhl.’ The 125th edition of ‘Frau Sorge’ was printed in 1912. After another volume of short stories (‘Die Geschwister’ 1888), came another strong but somewhat more vulgar novel, ‘Der Kauensteg’ (1889; English translation to be had under the title ‘Regina’). Although his talent as a narrator is very great, he felt his skill as a dramatist to be greater, and in the same year (1889, which is the year of the opening of the realistic movement the German theatre ; ( consult

on Fontane, Gerhart Hauptmann), his first play, ‘Ehre’ (‘Honor’) was played in the Lessing Theatre, Berlin, on 27 November. This play, which had been originally intended to be a tragedy, and which, on Blumenthal's advice, had been conducted to a ‘happy ending,’ was a pseudo-Nietzschean attack on the morality of the lowly and had a great success. The next play, ‘Sodoms Ende’ (5 Nov. 1890), a tragedy of artistic life in Berlin, was not a success. It was followed by ‘Heimat’ (7 Jan. 1893), in which Sudermann again emphasizes the right of the artist to a freer moral life than that of the petty bourgeoisie, and which is constructed with such telling dramatic effect, that this play has carried Sudermann's reputation all over the world. Every great actress considers ‘Magda’ (in English the play is known by that name), the heroine of ‘Heimat,’ to be one of the touchstones of her profession. There is in this play some of the moralistic and didactic tendency of the later French dramatists, especially the younger Dumas, and all of their technical finesse. Sudermann attempted another long novel, ‘Das hohe Lied’ (English translation, ‘The Song of Songs’) in 1908. His latest work of which any report has reached this country is the dramatic cycle ‘Die entgötterte Welt’ (‘The World made Godless’), of which one section, ‘Die gutgeschnittene Ecke’ (performed at the Lessing Theatre, 28 Jan. 1916), treats satirically of the sordid commercial phases of theatrical art in Berlin. On the whole, Sudermann must be regarded as a seeker for sensational effect and high royalties, in which he has been extremely successful. The permanent value of his work is slight. But its present popularity renders it important to study it as a symptom of the times. His other works are ‘Iolanthes Hochzeit’ (short story, 1892); ‘Es war’ (novel, 1894); ‘Die Schmetterlingsschlacht’ (1895); ‘Morituri’ (three one-act plays, 1896); ‘Das Glück im Winkel’ (1896); ‘Johannes’ (1898); ‘Johannisfeuer’ (1901); ‘Es lebe das Leben’ (1902); ‘Das Blumenboot’ (1905); ‘Strandkinder’ (1909); ‘Der Bettler von Syrakus’ (1911); ‘Der gute Ruf’ (1912). See.

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192 and the God of my fathers, to preserve this child from the evil eye, and sickness and all misfortune.”

II. Reverse.—The letter ה = He, for the name “Jehovah,’ enclosing two hands symbolic of the priestly blessing (Numbers vi. 24). The central inscription is: “Bless thee, ה = (Jehovah’) and keep thee,” and underneath the word “Jerusalem.” The encircling legend is the blessing of Joseph (Gen. xlix. 22): “Joseph is a fruitful bough, even a fruitful bough by a spring.” “Ain.” Possibly the charm was made to be worn by a child named Joseph.

Rachel’s Tomb is on the road to Bethlehem, and this is a very good likeness of it. It will be remembered that she died in childbirth, and as her tomb is visible from Bethlehem one the better understands the reference to “Rachel weeping for her children.” The tomb (restored by Sir Moses Montefiore) is of great antiquity, and on certain days one sees it surrounded by women, Jews, Christians, and Moslems, many of whom are offering prayers and vows in the hope of becoming mothers, others praying for the welfare of young children. A. G. F..

is a somewhat dangerous procedure to call religious ceremonies “superstitions,” for then there will be no possible definition for “superstition.” The outgrowth from or beyond the regular form of worship and the addition of principles not recognised by the ruling faith would appear to me to cover the ground, if we carefully abstain from confusing the one with the other. The so-called worship of the moon (p. 187) is an example in point. There is not the remotest connection between the regular form of prayer to God as Creator of the moon and “superstition,” for He is praised as in every other case and as on many other occasions. The renewal of the moon at the end of its evolution and complete disappearance is taken as an occasion for uttering a prayer, which is not by a single word directed to the moon. It must be remembered that the revolution of the moon is the basis of the religious calendar, hence the immense importance attached to its appearance and to the exact notation of that period. Connected with this calendaristic importance is the


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Rh mystical Messianic idea; hence the verse "David Liveth." I can not enter into a detailed discussion of this complicated question, beyond that it has nothing whatsoever to do with "superstition," and it does not contain a single item of superstitious belief or practice.

The change of the name of a patient is part of the general system of ascribing the most potent value to a name. Readers of Folk-Lore have had the opportunity of studying the extremely suggestive article by Mr. Clodd on Rumpelstiltzchen, and on the mystical and symbolical value attached to names. The same idea is expressed in the change of the name of the patient, which is equivalent to a re-birth, and is expected to save the patient by endowing him with a new life-entity, not by deceiving the evil spirit who is his enemy.

The ceremony described as an "exorcism" is merely a "propitiation" or "disenchantment," for it does not drive out any malignant spirit. Nor can the person who pronounces the "disenchantment" formula be called a "witch," for she does not refer in her practice to any connection with the "Evil Ones."

The Evil Eye formula is borrowed from the Arabs. Miss Freer has evidently taken it from the Jews who came from Yemen some thirty years ago after a terrible persecution they suffered at the hands of the Arabs when occupying Sanaa after their fight against the Turks. An absolutely identical formula has been published by me from Rumanian sources, which prove the extreme antiquity of this special form of "disenchantment." It occurs also with slight variations in Assyrian tablets, and has been published by Lenormant and since then often by others.

The reference to Joseph in the amulet has a history of its own. It rests ultimately on the combination of two separate sets of ideas. In the blessing of Jacob (Genesis xlviii. 16), according to an old traditional interpretation of the Hebrew words, the


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(c)(1) Such Act is further amended by inserting " TITLE III — GENERAL " above the heading for section 7, and by redesignating sections 7, 8, and 9, and references thereto, as sections 301, 302, and 303, respectively. (2) Subsections (b) and (c) of the section of such Act redesignated as section 302 are amended by striking out "this Act" wherever it appears and inserting in lieu thereof "title I".

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20 USC'242-2^44

DEFINITIONS

SEC. 4. (a) Paragraph (2) of the section of the Act of September 30, 1950, Public Law 874, Eighty-first Congress, as amended, redesignated by section 3 of this Act as section 303, is amended to read as follows: "(2) The term 'child', except as used in title II, means any child "cwid." who is within the age limits for which the applicable State provides free public education." (b) Paragraph (4) of such section 303 is amended by inserting before the period at the end thereof ", except that for the purposes of title II such term does not include any education provided beyond grade 12". (c) Paragraph (5) of such section 303 is amended by inserting immediately before the period at the end thereof the following: ", or any expenditures made from funds granted under title II of this Act or titles II or III of the Elementary and Secondary Education Act of 1965". (d)(1) Paragraph (8) of such section 303 is amended by inserting "American Samoa," after "the District of Columbia,", and by inserting after "the Virgin Islands" the following: ", and for purposes of title II, such term includes the Trust Territory of the Pacific Islands". (2) Sections3(d) and 6(c) of such Act (20 U.S.C. 238(d), 241(c)) 67tta\!*53o°532, are each amended by inserting "American Samoa," after "Guam," 535, each time that it appears. (e) Such section 303 is further amended by adding at the end thereof the following new paragraphs: "(11) The term 'county' means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties. " (12) The term 'construction' includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities. " (13) The term 'school facilities' means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public. " (14) 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 particular 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. "(15) For the purpose of title II, the term 'elementary school' means a day or residential school which provides elementary educa-

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[79 STAT.

tion, as determined under State laWj and 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." E X T E N S I O N OF TITLE I OF P U B L I C L A W 8 7 4 EIGHTY-FIRST

CONGRESS

SEC. 5. Sections 2(a), 3 (b), and 4 (a) of title I of the Act of September 30, 1950, Public Law 874, Eighty-first Congress, as amended (20 67^sta!^'53o^°/l2- ^.S-C. 237(a), 238(b), 239(a)), are each amended by striking out 78 Stat" 1109 ' "1966" each place where it appears and inserting in lieu thereof "1968". TITLE II—SCHOOL LIBKAKY EESOURCES, TEXTBOOKS, AND OTHER INSTRUCTIONAL MATERIALS APPROPRIATIONS

AUTHORIZED

SEC. 201. (a) The Commissioner shall carry out during the fiscal year ending June 30, 1966, and each of the four succeeding fiscal years, a program for making grants for the acquisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools. (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $100,000,000 for the fiscal year ending June 30, 1966; but for the fiscal year ending June 30, 1967, and the three succeeding fiscal years, only such sums may be appropriated as the Congress may hereafter authorize by law. ALLOTMENT TO STATES

SEC. 202. (a) From the sums appropriated for carrying out this title for any fiscal year, the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine and shall allot such amount among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. From the remainder of such sums, the Commissioner shall allot to each State an amount which bears the same ratio to such remainder as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this subsection, the term "State" shall not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reallotment from time to time, 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

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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 from funds appropriated pursuant to section 201 shall be deemed part of its allotment under section (a) for such year. STATE P L A N S

SEC. 203. (a) Any State which desires to receive grants under this title shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which— (1) designates a State agency which shall, either directly or through arrangements with other State or local public agencies, act as the sole agency for administration of the State plan; (2) sets forth a program under which funds paid to the State from its allotment under section 202 will be expended solely for (A) acquisition of library resources (which for the purposes of this title means books, periodicals, documents, audio-visual materials, and other related library materials), textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools in the State, and (B) administration of the State plan, including the development and revision of standards relating to library resources, textbooks, and other printed and published instructional materials furnished for the use of children and teachers in the public elementary and secondary schools of the State, except that the amount used for administration of the State plan shall not exceed for the fiscal year ending June 30, 1966, an amount equal to 5 per centum of the amount paid to the State under this title for that year, and for any fiscal year thereafter an amount equal to 3 per centum of the amount paid to the State under this title for that year; (3) sets forth the criteria to be used in allocating library resources, textbooks, and other printed and published instructional materials provided under this title among the children and teachers of the State, which criteria shall— (A) take into consideration the relative need of the children and teachers of the State for such library resources, textbooks, or other instructional materials, and (B) provide assurance that to the extent consistent with law such library resources, textbooks, and other instructional materials will be provided on an equitable basis for the use of children and teachers in private elementary and secondary schools in the State which comply with the compulsory attendance laws of the State or are otherwise recognized by it through some procedure customarily used in the State; (4) sets forth the criteria to be used in selecting the library resources, textbooks, and other instructional materials to be provided under this title and for determining the proportions cf the State's allotment for each fiscal year which will be expended for library resources, textbooks, and other printed and published instructional materials, respectively, and the terms by which such library resources, textbooks, and other instructional materials will be made available for the use of children and teachers in the schools of the State;

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(5) sets forth policies and procedures designed to assure that Federal funds made available under this title for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of State, local, and private school funds that would in the absence of such Federal funds be made available for library resources, textbooks, and other printed and published instructional materials, and in no case supplant such State, local, and private school funds; (6) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the State (including any such funds paid by the State to any other public agency) under this title; and (7) provides for making such reports, in such form and containing such information, as the Commissioner may reasonably require to c any out his functions under this title, and for keeping such records and for affording such access thereto as the Commissioner may Hnd necessary to assure the correctness and verification of such reports, (b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a). P A Y M E N T S TO STATES

SEC. 204. (a) From the amounts allotted to each State under section 202 the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan. Such payments may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. (b) In any State which has a State plan approved under section 203(b) and in which no State agency is authorized by law to provide library resources, textbooks, or other printed and published instructional materials for the use of children and teachers in any one or more elementary or secondary schools in such State, the Commissioner shall arrange for the provision on an equitable basis of such library resources, textbooks, or other instructional materials for such use and shall pay the cost thereof for any fiscal year ending prior to July 1, 1970, out of that State's allotment. P U B L I C CONTROL OF LIBRARY R E S O m C E S, TEXTBOOKS. AND OTHER INSTRUCTIONAL MATERIAL AND T Y P E S W H I C H M A Y BE MADE AVAILABLE

SEC. 205. (a) Title to library resources, textbooks, and other printed and published instructional materials furnished pursuant to this title, and control and administration of their use, shall vest only in a public agency. (b) The library resources, textbooks, and other printed and published instructional materials made available pursuant to this title for use of children and teachers in any school in any State shall be limited to those which have been approved by an appropriate State or local educational authority or agency for use, or are used, in a public elementary or secondary school of that State.

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PUBLIC LAW 89-10-APR. 11, 1965 ADMINISTRATION

OF STATE

39

PLANS

SEC. 206. (a) The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State agency administering the plan reasonable notice and opportunity for a hearing. (b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to such State agency, finds— (1) that the State plan has been so changed that it no longer complies with the provisions of section 203(a), or (2) that in the administration of the plan there is a failure to comply substantially with any such provisions, the Commissioner shall notify such State agency that the State will not be regarded as eligible to participate in the program under this title until he is satisfied that there is no longer any such failure to comply. J U D I C I A L REVIEW

SEC. 207. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 203(a) or with his final action under section 206(b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. i(c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. TITLE III—SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES APPROPRIATIONS

AUTHORIZED

SEC. 301. (a) The Commissioner shall carry out during the fiscal year ending June 30, 1966, and each of the four succeeding fiscal years, a program for making grants for supplementary educational centers and services, to stimulate and assist in the provision of vitally needed educational services not available in sufficient quantity or quality, and to stimulate and assist in the development and establisliment of exemplary elementary and secondary school educational programs to serve as models for regular school programs.

72 Stat. 94i.

62 Stat. 928.

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(b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $100,000,000, for the fiscal year ending June 30, 1966; but for the fiscal year ending June 30, 1967, and the 3 succeeding fiscal years, only such sums may be appropriated as the Congress may hereafter authorize by law. A P P O R T I O X M E N T A M O X G STATES

SEC. 302. (a) From the sums appropriated for carrying out this title for each fiscal year, the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine and shall apportion such amount among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, according to their respective needs for assistance under this title. From the remainder of such sums the Commissioner shall apportion $200,000 to each State and shall apportion the remainder of such sums among the States as follows: (1) he shall apportion to each State an amount which bears the same ratio to 50 per centum of such remainder as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States, and (2) he shall apportion to each State an amount which bears the same ratio to 50 per centum of such remainder as the population of the State bears to the population of all the States. For purposes of this subsection, the term "State"' does not include the Commonwealth of Puerto Rico, Guam. American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (b) The number of children aged five to seventeen, inclusive, and the total population of a State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. (c) The amount apportioned under this section to any State for the fiscal year ending June 30, 1966, shall be available for payments to applicants with approved applications in that State during that year and the next fiscal year. (d) The amount apportioned to any State under subsection (a) for any fiscal year which the Commissioner determines will not be required for the period for which that amount is available shall be available for reapportionment from time to time, on such dates during that period as the Commissioner may fix, among other States in proportion to the amounts originally apportioned among those States under subsection (a) for that ^ear, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates that State needs and will be able to use for that period: and the total of these reductions shall be similarly reapportioned among the States whose proportionate amounts were not so reduced. Any amount reapportioned to a State under this subsection from funds appropriated pursuant to section 301 for any fiscal year shall be deemed to be a part of the amount apportioned to it under subsection (a) for that year. TTSES OF FEDERAL F U X D S

SEC. 303. Grants under this title may be used, in accordance with applications approved under section 304(b), for— (a) planning for and taking other steps leading to the development of programs designed to provide supplementary educational

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activities and services described in paragraph (b), including pilot projects designed to test the effectiveness of plans so developed; and (b) the establishment, maintenance, and operation of programs, including the lease or construction of necessary facilities and the acquisition of necessary equipment, designed to enrich the programs of local elementary and secondary schools and to offer a diverse range of educational experience to persons of varying talents and needs by providing supplementary educational services and activities such as— (1) comprehensive guidance and counseling, remedial instruction, and school health, physical education, recreation, psychological, and social work services designed to enable and encourage persons to enter, remain in, or reenter educational programs, including the provision of special educational programs and study areas during periods when schools are not regularly in session; (2) comprehensive academic services and, where appropriate, vocational guidance and counseling, for continuing adult education; (3) developing and conducting exemplary educational programs, including dual-enrollment programs, for the purpose of stimulating the adoption of improved or new educational programs (including those programs described in section 503 (a)(4)) in the schools of the State; (4) specialized instruction and equipment for students interested in studying advanced scientific subjects, foreign languages, and other academic subjects which are not taught in the local schools or which can be provided more effectively on a centralized basis, or for persons who are handicapped or of preschool age; (5) making available modern educational equipment and specially qualified personnel, including artists and musicians, on a temporary basis to public and other nonprofit schools, organizations, and institutions; (6) developing, producing, and transmitting radio and television programs for classroom and other educational use; (7) providing special educational and related services for persons who are in or from rural areas or who are or have been otherwise isolated from normal educational opportunities, including, where appropriate, the provision of mobile educational services and equipment, special home study courses, radio, television, and related forms of instruction, and visiting teachers' programs; and (8) other specially designed educational programs which meet the purposes of this title. APPLICATION S FOR GRANTS A N D CONDITIONS FOR APPROVAL

SEC. 304. (a) A grant under this title for a program of supplementary educational services may be made to a local educational agency or agencies, but only if there is satisfactory assurance that in the planning of that program there has been, and in the establishing and carrying out of that program there will be, participation of persons broadly representative of the cultural and educational resources of the area to be served. For the purposes of this section, the term educruo"nai ref "cultural and educational resources" includes State educational agen- sources." 49-850 0-66—6

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PUBLIC LAW 89-10-APR. 11, 1965

[79 STAT.

cies, institutions of higher education, nonprofit private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources. Such grants may be made only upon application to the Commissioner at such time or times, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Such applications shall— (1) provide that the activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; (2) set forth a program for carrying out the purposes set forth in paragraph (a) or paragraph (b) of section 303 and provide for such methods of administration as are necessary for the proper and efficient operation of the program; (3) set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in paragraphs (a) and (b) of section 303, and in no case supplant such funds; (4) in the case of an application for assistance under this title which includes a project for construction of necessary facilities, provide satisfactory assurance (A) that reasonable provision has been made, consistent with the other uses to be made of the facilities, for areas in such facilities which are adaptable for artistic and cultural activities, (B) that upon completion of the construction title to the facilities will be in a State or local educational agency, and (C) that the requirements of section 308 will be complied with on all construction projects assisted under this title; (5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this title; and ^g) provide for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in improving the educatioual opportuilities of persons in the area served, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports, (b) Applications for grants under this title may be approved by the Commissioner only if— (1) the application meets the requirements set forth in subsection (a); (2) the program set forth in the application is consistent with criteria established by the Commissioner for the purpose of achieving an equitable distribution of assistance under this title within each State, which criteria shall be developed by him on the basis of a consideration of (A) the size and population of the State, (B) the geographic distribution of the population within the State, (C) the relative need of persons in different geographic areas and in different population groups within the State for the kinds of services and activities described in paragraph (b) of

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section 303, and their financial ability to provide those services and activities, and (D) the relative ability of particular local educational agencies within the State to provide those services and activities; (3) in the case of an application for assistance for a program for carrying out the purposes described in paragraph (b) of section 303, the Commissioner determines (A) that the program will utilize the best available talents and resources and will substantially increase the educational opportunities in the area to be served by the applicant, and (B) that, to the extent consistent with the number of children enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which the supplementary educational activities and services provided under the program are to meet, provision has been made for participation of such children • and (4) the application has been submitted for review and recommendations to the St^te educational agency. (c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications. PAYMENTS

SEC. 305. (a) From the amounts apportioned to each State under section 302 the Commissioner shall pay to each applicant in that State which has an application approved under this title an amount equal to the total sums expended by the applicant under the application for the purposes set forth therein. (b) Payments under this title may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. ADVISORY

COMMITTEE

SEC. 306. (a) The Commissioner shall establish in the Office of Education an Advisory Committee on Supplementary Educational Centers and Services, consisting of the Commissioner, who shall be Chairman, and eight members appointed, without regard to the civil service laws, by the Commissioner with the approval of the Secretary. (b) The Advisory Committee shall advise the Commissioner (1) on the action to be taken with regard to each application for a grant under this title, and (2) in the preparation of general regulations and with respect to policy matters arising in the administration of this title, including the development of criteria for approval of applications thereunder. The Commissioner may appoint such special advisory and technical experts and consultants as may be useful in carrying out the functions of the Advisory Committee. (c) Members of the Advisory Committee shall, while serving on the business of the Advisory Committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons eo Stat. aos; in the Government service employed intermittently. ^^ ^** ^ "'' °*

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[79 STAT.

RECOVERY OF P A Y M E N T S

SEC. 307. If within twenty years after completion of any construction for which Federal funds have been paid under this title— (a) the owner of the facility shall cease to be a State or local educational agency, or (b) the facility shall cease to be used for the educational and related purposes for which it was constructed, unless the Commissioner determines in accordance with regulations that there is good cause for releasing the applicant or other owner from the obligation to do so, the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of 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. LABOR STANDARDS

" 9 Stat loiij ^ 64 Stat. 1267. 63 Stat. " " '""• ' 108.

SEC. 308. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a— 276a-5). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. I33z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). TITLE IV—EDUCATIONAL RESEARCH AND TRAINING

68 Stat. 533.

SEC. 401. The second section of the Act of July 26, 1954 (20 U.S.C. 332), entitled "An Act to authorize cooperative research in education", is redesignated as section 3 and the material which precedes it is amended to read as follows: "PURPOSE

"SEC. 1. The purpose of this Act is to enable the Office of Education more effectively to accomplish the purposes and to perform the duties for which it was originally established. "EDUCATIONAL RESEARCH AND RESEARCH TRAINING

"SEC. 2. (a)(1) The Commissioner of Education (hereinafter in this Act referred to as the 'Commissioner') is authorized to make grants to universities and colleges and other public or private agencies, institutions, and organizations and to individuals, for research, surveys, and demonstrations in the field of education (including programs described in section 503(a)(4) of the Elementary and Secondary Education Act of 1965), and for the dissemination of information derived from educational research (including but not limited to information concerning promising educational practices developed under programs

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carried out under the Elementary and Secondary Education Act of 1965) and, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), to provide by contracts or jointly financed cooperative arrangements with them for the conduct of such activities; except that no such grant may be made to a private agency, organization, or institution other than a nonprofit one. " (2) No grant shall be made or contract or jointly financed cooperative arrangement entered into under this subsection until the Commissioner has obtained the advice and recommendations of a panel of specialists who are not employees of the Federal Government and who are competent to evaluate the proposals as to the soundness of their design, the possibilities of securing productive results, the adequacy of resources to conduct the proposed research, surveys, or demonstrations, and their relationship to other similar educational research or dissemination programs already completed or in progress. "(b) The Commissioner is authorized to make grants to public and other nonprofit universities and colleges and to other public or nonprofit agencies, institutions, and organizations to assist them in providing training in research in the field of education (including such research described in section 503(a)(4) of the Elementary and Secondary Education Act of 1965), including the development and strengthening of training staff and curricular capability for such training. Grants under this subsection may, when so authorized by the Commissioner, also be used by such grantees (1) in establishing and maintaining research traineeships, internships, personnel exchanges, and preand post-doctoral fellowships, and for stipends and allowances (including traveling and subsistence expenses) for fellows and others undergoing training and their dependents not in excess of such maximum amounts as may be prescribed by the Commissioner, or (2), where the grantee is a State educational agency, in providing for such traineeships, internships, personnel exchanges, and fellowships either directly or through arrangements with public or other nonprofit institutions or organizations. No grant shall be made under this subsection for training in sectarian instruction or, for work to be done in an institution, or a department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects. "(c) I n addition to the authority granted by section 603(b) of the Elementary and Secondary Education Act of 1965, funds available to the Commissioner for grants or contracts or jointly financed cooperative arrangements under this section shall, with the approval of the Secretary, be available for transfer to any other Federal agency for use (in accordance with an interagency agreement) by such agency (alone or in combination with funds of that agency) for purposes for which such transferred funds could be otherwise expended by the Commissioner under the foregoing provisions of this section, and the Commissioner is likewise authorized to accept and expend funds of any other Federal agency for use under this section. " (d) The Commissioner shall transmit to the Congress annually a ^^3^'°'"*' *° ^°"" report concerning the research, surveys, and demonstrations, the information disseminating activities, and the training in research initiated under this Act, the recommendations made by research specialists pursuant to subsection (a)(2), and any action taken with respect to such recommendations."

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[79 STAT.

CONFORMING AMENDMENTS

Ante, p. 44.

gj,^. 402. The section of such Act redesignated as section 3 is amended by striking out "this Act" and inserting in lieu thereof "section 2". CONSTRUCTION OF REGIONAL FACILITIES FOR RESEARCH AND RELATED PURPOSES

SEC. 403. Such Act is further amended by adding the following new sections at the end thereof: " C O N S T R U C T I O N o r R E G I O N A L F A C I L I T I E S FOR RESEARCH AND RELATED

PURPOSES

^g^gStat.^u)!!; 64 Stat. 1267. 63 Stat. 108.

"SEC. 4. (a) There is authorized to be appropriated over a period of five fiscal years beginning with the fiscal year ending June 30, 1966, $100,000,000 in the aggregate, to enable the Commissioner to carry out the purposes of this section. Sums so appropriated shall remain available until expended for payments with respect to projects for which applications have been filed under this section before July 1, 1970, and approved by the Commissioner before July 1, 1971. "(b) Whenever the Commissioner finds that the purposes of this Act can best be achieved through the construction of a facility for research, or for research and related purposes (as defined in this section), and that such facility would be of particular value to the Nation or a region thereof as a national or regional resource for research or related purposes, he may make a grant for part or all of the cost of constructing such facility to a university, college, or other appropriate public or nonprofit private agency or institution competent to engage m the types of activity for which the facility is to constructed, or to a combination of such agencies or institutions, or may construct or make arrangements for constructing such facility through contracts for paying part or all of the cost of construction or otherwise. The Commissioner may, where he deems such action appropriate, make arrangements, by contract or otherwise, for the operation of such facilities or may make contributions toward the cost of such operation of facilities of this nature whether or not constructed pursuant to, or with the aid provided under, this section. Title to any facility constructed under this section, if vested in the United States, may be transferred by the Commissioner on behalf of the United States to any such college or university or other public or nonprofit private agency or institution, but such transfer shall be made subject to the condition that the facility will be operated for the purposes for which it was constructed and to such other conditions as the Commissioner deems necessary to carry out the objectives of this title and to protect the interests of the United States. "(c) All laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—270a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in Reorganization Plan Numbered u of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15), and section 2 of the Act of J u u e 13, 1934, as amended (40 U.S.C. 276c).

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" (d) Payments under this section shall be made in advance or by way of reimbursement, in such installments consistent with construction progress, and on such conditions as the Commissioner may determine. " (e) As used in this section, the term 'research and related purposes' "Research and ^ ^ means research, research training, surveys, or demonstrations in the ""^^^^^ purposes." field of education, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental schools, except that such term does not include research, research training, surveys, or demonstrations in the field of sectarian instruction or the dissemination of information derived therefrom. ((DEFINITIONS "SEC. 5, As used in this Act— "(1) The term 'State' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands. "(2) 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. "(3) The term 'nonprofit' as applied to any agency, organization, or institution means an agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. "(4) The terms 'construction' and 'cost of construction' include (A) the construction of new buildings and the expansion, remodeling, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered. "SHORT TITLE

"SEC. 6. This Act may be cited as the 'Cooperative Research Act'." TITLE V—GRANTS TO S T R E N G THE N S T A T E DEPARTMENTS O F EDUCATION APPROPRIATIONS

AUTHORIZED

SEC. 501. (a) The Commissioner shall carry out during the fiscal year ending Jmie 30, 1966, and each of the four succeeding fiscal years, a program for making grants to stimulate and assist States in strengthening the leadership resources of their State educational agencies, and to assist those agencies in the establishment and improvement of programs to identify and meet the educational needs of States. (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $25,000,000 for the fiscal year ending June 30, 1966; but for the fiscal year ending June 30, 1967, and the three succeeding fiscal years, only such sums may be appropriated as the Congress may hereafter authorize by law.

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PUBLIC LAW 89-10-APR. 11, 1965 APPORTIONMENT

AMONG

[79 STAT. STATES

SEC. 502. (a)(1) From 85 per centum of the sums appropriated for carrying out this title for each fiscal year, the Commissioner shall reserve such amount, but not in excess of 2 per centum of such 85 per centum of such sums, as he may determine and shall apportion such amount among the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands according to their respective needs for assistance under this title. From the remainder of such 85 per centum of such sums the Commissioner shall apportion $100,000 to each State, and shall apportion to each State such part of the remainder of such 85 per centum of such sums as the number of public school pupils in the State bears to the number of public school pupils in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this paragraph, the term 'State' does not include the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands. (2) Fifteen per centum of the siuns appropriated pursuant to section 501 for each fiscal year shall be reserved by the Commissioner for grants for special projects pursuant to section 505. (b) (.1) The amount apportioned to any State under paragraph (1) of subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reapportionment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally apportioned among those States under subsection (a)(1) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates that State needs and will be able to use for that year; and the total of these reductions shall be similarly reapportioned among the States whose proportionate amounts were not so reduced. Any amount reapportioned to a State under this subsection from funds appropriated pursuant to section 501 for any fiscal year shall be deemed part of the amount apportioned to it under subsection (a)(1) for that year. (2) I n accordance with regulations of the Commissioner any State may file with him a request that a specified portion of the amount apportioned to it under subsection (a)(1) be added to the amount apportioned to another State under that subsection for the purpose of meeting a portion of the Federal share (as defined in section 503 (b)) of the cost of carrying out one or more programs or activities under an approved application of that other State. If the Commissioner finds that the programs or activities with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of the amount apportioned to that State, as requested by it, would assist in carrying out the purposes of this title, that portion shall be added to the amount apportioned to the other State under subsection (a)(1) to be used for the purpose referred to above. The Federal share of the total funds expended for such programs or activities shall be adjusted on the basis of the proportion of such total funds so expended by each participating State from the amounts originally apportioned to each such State.

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GRANTS FROM APPORTIONED F U N D S

SEC. 503. (a) From the amount apportioned to any State for any fiscal year under section 502 the Commissioner may, upon approval of an application or applications therefor submitted to him by such State through the State educational agency, make a grant or grants to such agency equal to the Federal share of expenditures incurred by such agency for the planning of, and for programs for, the development, improvement, or expansion of activities promoting the purposes set forth in section 501(a) and more particularly described in such application and for which such application is approved, such as— (1) educational planning on a statewide basis, including the identification of educational problems, issues, and needs in the State and the evaluation on a periodic or continuing basis of education programs in the State; (2) providing support or services for the comprehensive and compatible recording, collecting, processing, analyzing, interpreting, storing, retrieving, and reporting of State and local educational data, including the use of automated data systems; (3) dissemination or support for the dissemination of information relating to the condition, progress, and needs of education in the State; (4) programs for conducting, sponsoring, or cooperating in educational research and demonstration programs and projects such as (A) establishing and maintaining curriculum research and innovation centers to assist in locating and evaluating curriculum research findings, (B) discovering and testing new educational ideas (including new uses of printed and audio-visual media) and more effective educational practices, and putting into use those which show promise of success, and (C) studying ways to improve the legal and organizational structure for education and the management and administration of education in the State; (5) publication and distribution, or support for the publication and distribution, of curricular materials collected and developed at curriculum research centers and elsewhere; (6) programs to improve the quality of teacher preparation, including student-teaching arrangements, in cooperation with institutions of higher education and local educational agencies; (7) studies or support for studies concerning the financing of public education in the State; (8) support for statewide programs designed to measure the educational achievement of pupils; (9) training and otherwise developing the competency of individuals who serve State or local educational agencies and provide leadership, administrative, or specialist services throughout the State, or throughout the area served by a local educational agency, through the initiation, improvement, and expansion of activities such as (A) sabbatical leave programs, (B) fellowships and traineeships (including educational expenses and the cost of travel) for State educational agency personnel to pursue graduate studies, and (C) conducting institutes, workshops, and conferences (including related costs of operation and payment of the expenses of participants); and (10) providing local educational agencies and the schools of those agencies with consultative and technical assistance and services relating to academic subjects and to particular aspects of edu-

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[79 STAT.

cation such as the education of the handicapped, school building d e s i ^ and utilization, school social work, the utilization of mode m instructional materials and equipment, transportation, educational administrative procedures, and school health, physical education, and recreation, (b)(1) For the purposes of this section the Federal share for any State shall be 100 per centum for fiscal years ending prior to July 1, 1967. Thereafter the Federal share for any State shall be 100 per centum less the State percentage, except that (A) the Federal share shall in no case be more than 66 per centum or less than 50 per centum, and (B) the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66 per centum. The "State percentage" for any State shall be that percentage which bears the same ratio to 50 per centum as the per capita income of that State bears to the per capita income of all the States (excluding the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands). (2) The Federal share for each State for the fiscal years beginning July 1, 1967, and July 1, 1968, shall be promulgated by the Commissioner between July 1 and August 31, 1966, and the Federal share for each State for the fiscal year beginning July 1, 1969, shall be promulgated by the Commissioner between July 1 and August 31, 1968. Such Federal share shall be computed on the basis of the average of the per capita incomes of each State and of all the States (excluding the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. APPROVAL OF APPLICATION S FOR GRANTS FROM APPORTIONED F U N D S

^«p°"^sRecords.

SEC. 504. An application for a grant under section 503 may be approved by the Commissioner only upon his determination that— (a) each of the proposed projects, programs, and activities for which it is approved meets the requirements of section 503(a) and will make a significant contribution to strengthening the leadership resources of the applicant or its ability to participate effectively in meeting the educational needs of the State; (b) the application contains or is supported by adequate assurance that Federal funds made available under the approved application will be so used as to supplement, and to the extent practical, increase the amounts of State funds that would in the absence of such Federal funds be made available for projects and activities which meet the requirements of section 503(a); (c) the application sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the State (including any such funds paid by the State to agencies, institutions, or organizations) under this title; and (d) the application provides for making such reports, in such form and containing such information, as the Commissioner may require to carry out his functions under this title, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports.

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SPECIAL PROJECT GRANTS

SEC. 505. Fifteen per centum of the sums appropriated pursuant to section 501 for each fiscal year shall be used by the Commissioner to make grants to State educational agencies to pay part of the cost of experimental projects for developing State leadership or for the establishment of special services which, in the judgment of the Commissioner, hold promise of making a substantial contribution to the solution of problems common to the State educational agencies of all or several States. PAYMENTS

SEC. 506. Payments pursuant to grants under this title may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Commissioner may determine. INTERCHANGE OF PERSONNEL WITH STATES

SEC. 507. (a) For the purposes of this section, the term "State" means a State or any agency of a State engaged in activities in the field of education, but it does not include a local educational agency; and the term "Office" means the Office of Education. (b) The Commissioner is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Office and assignment of officers and employees in the Office to States, for work which the Commissioner determines will aid the Office in more effective discharge of its responsibilities as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. (c)(1) Officers and employees in the Office assigned to any State pursuant to this section shall be considered, during such assignment, to be (A) on detail to a regular work assignment in the Office, or (B) on leave without pay from their positions in the Office. (2) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Office for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Office and the State involved. (3) I n the case of persons so assigned and on leave without pay— (A) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Office, they may receive supplemental salary payments from the Office in the amount considered by the Commissioner to be justified, but not at a rate in excess of the difference between the State rate and the Office rate; and (B) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Commissioner to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— (C) to continuation of their insurance under the Federal Employees' Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long

5^us*c*209fnote. 73 Stat. 70 s. 5 USC 3001 note.

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[79 STAT.

as the Office continues to collect the employee's contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee's contributions and the Government's contribution from appropriations of the Office; and (D) to credit the period of their assignment under the arrangement under this section toward periodic or longevity step increases and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Commissioner into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, ru?a226*7^note. 1^^^' under the head "Civil Service Retirement and Disability Fund") their service during such period as service within the 51150^2251 note. meaning of the Civil Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees' Group Life Insurance Act of 1954, based on service during an assignment hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Office shall deposit currently in the funds created under the Federal Employees' Group C^TTI!^^*^!^^" * I-'ife Insurance Act of 1954, the Federal Employees Health Benefits 5 USC 2091 note.

n ^ r. r\

i

^

••!

•

•

T

T

^ -T

P I

73 Stat. 708. Act 01 19o9, and the civil service retirement and disability fund, 5 USC 3001 note, respectively, the amount of the Government's contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (C) and the amount of the Government's contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (D) are made to such civil service retirement and disability fund. (4) Any such officer or employee on leave without pay who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees' Compensation 63^stat^854*^' Act, as though he were an employee, as defined in such Act, who had 5 USC 751*note, sustaiued such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. (d) Assignment of any officer or employee in the Office to a State under this section may be made with or without reimbursement by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee

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during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. (e) Appropriations to the Office shall be available, in accordance with the standardized Government travel regulations, for the expenses of travel of officers and employees assigned to States under an arrangement under this section on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. (f) Officers and employees of States who are assigned to the Office under an arrangement under this section may (1) be given appointments in the Office covering the periods of such assignments, or (2) be considered to be on detail to the Office. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Office shall be paid at rates of compensation determined in accordance with the Classification Act of 1949, 78^stat°*4oo''^' and shall not be considered to be officers or employees of the Office susc loyiinote. for the purposes of (1) the Civil Service Retirement Act, (2) the s°usc^225tnote Federal Employees' Group Life Insurance Act of 1954, or (3) unless es Stat. yaeT * their appointments result in the loss of coverage in a group health sUSC 209)note. benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees Health Benefits Act of 1959. State officers and employees who are assigned to the Office with- 73u Stat. 708, 5 s e 3001 note. out appointment shall not be considered to be officers or employees of the Office, except as provided in subsection (g), nor shall they be paid a salary or wage by the Office during the period of their assignment. The supervision of the duties of such persons during the assignment may be governed by agreement between the Commissioner and the State involved. Conflict-of(g)(1) Any State officer or employee who is assigned to the Office interest. without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States 76 stat, 1121. Code. (2) Any State officer or employee who is given an appointment while assigned to the Office, or who is assigned to the Office without appointment, under an arrangement under this section, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees' Compensation Act, as 39 Stat. 742; though he were an employee, as defined in such Act, who had sustained 5 USC ysl'note such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of I^abor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law, (h) The appropriations to the Office shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places

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of assignment or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Office under an arrangement under this section. (i) All arrangements under this section for assignment of officers or employees in the Office to States or for assignments of officers or employees of States to the Office shall be made in accordance with regulations of the Commissioner. ADMINISTRATION OF STATE PLANS

SEC. 508. (a) The Commissioner shall not finally disapprove any application submitted under section 504, or any modification thereof, without first affording the State educational agency submitting the application reasonable notice and opportunity for a hearing. (b) Wlienever the Commissioner, after reasonable notice and opportunity for hearing to the State educational agency administering a program under an application approved under this title, finds— (1) that the application has been so changed that it no longer complies with the provisions of section 504(a), or (2) that in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State educational agency that the State will not be regarded as eligible to participate in the program under this title until he is satisfied that there is no longer any such failure to comply. JUDICIAL R E M; E W

72 Stat. 941.

62 Stat. 928.

SEC. 509. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of an application submitted under section 504(a) or with his final action under section 508(b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certifv to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affinn the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of fitle 28, T^uited States Code. PERIODIC REVIEW OF PROGRAM AND LAWS

SEC. 510. (a) The Secretary shall, within ninety days after the date of enactment of this title, appoint an Advisory Council on State Departments of Education for the purpose of reviewing the administration of the programs for which funds are appropriated pursuant to this title and making recommendations for improvement of such

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administration, and reviewing the status of and making recommendations with respect to such programs and this title and with respect to other Acts under which funds are appropriated to assist State educational agencies to administer Federal programs relating to education. (b) The Council shall be appointed by the Secretary without regard to the civil service laws and shall consist of twelve persons who shall, to the extent possible, include persons familiar with the educational needs of the Nation, persons familiar with the administration of State and local educational programs, and persons representative of the general public. (c) The Secretary is authorized to engage such technical assistance as may be required to carry out the functions of the Council, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) The Council shall make an annual report of its findings and ^ ^^ " * ^°?«•«sif "" dent and Conrecommendations (including recommendations for changes in the pro- gress. visions of this title and of other education Acts) to the Secretary not later than March 31 of each calendar year beginning after the enactment of this title. The Secretary shall transmit each such report to the President and the Congress together with his comments and recommendations. (e) Members of the Council who are not regular full-time employees of the United States shall, while serving on business of the Council, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in Government service employed 75^stat^3'39°^'4o intermittently. TITLE VI—GENEEAL PROVISIONS DEFINITIONS

SEC. 601. As used in titles II, III, and V of this Act— (a) The term "Commissioner" means the Commissioner of Education. (b) The term "construction" means (1) erection of new or expansion of existing structures, and the acquisition and installation of equipment therefor; or (2) acquisition of existing structures not owned by any agency or institution making application for assistance under this Act; or (3) remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or (4) a combination of any two or more of the foregoing. (c) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law. (d) 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 particular 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, und other related materials.

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(e) The term "institution of higher education" means an educational institution in any State which— (1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) is legally authorized within such State to provide a program of education beyond high school; (3) 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; (4) is a public or other nonprofit institution; and (5) 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 engineering, 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 prescribe 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. (f) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (g) 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 nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

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(h) 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. (i) The term "Secretary" means the Secretary of Health, Education, and Welfare. (j) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands and for purposes of title II and title III, such term includes the Trust Territory of the Pacific Islands. (k) 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. ADVISORY

COUNCILS

SEC. 602. (a) The Commissioner may, without regard to the civil service laws, and subject to the Secretary's approval in such cases as the Secretary may prescribe, from time to time appoint, in addition to the advisory councils and committees authorized in preceding titles, an advisory council of ten members to advise and consult with the CommissionQr with respect to his functions under this law. (b) Members of such an advisory council who are not regular fulltime employees of the United States shall, while attending meetings or conferences of such council or otherwise engaged on business of such council, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of \ subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. T3b-2) for persons in the Government service „^°,5*^*-,Q^°fi,. 75 Stat. 3 3 9, 3 4 0 employed intermittently. FEDERAL

ADMINISTRATION

SEC. 603. (a) The Commissioner may delegate any of his functions under this Act or any Act amended by this Act, except the making of regulations, to any officer or employee of the Office of Education. (b) I n administering the provisions of this Act or any Act amended by this Act, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon. FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 604. Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any eaucational institution or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system.

49-850 0-66—7

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STAT.

L I M I T A T I O N ON P A Y M E N T S U N D E R T H I S ACT

SEC. 605. Nothing contained in this Act shall be construed to authorize the making of any payment under this Act, or under any Act amended by this Act, for religious worship or instruction. Approved April 11, 1965. Public Law 89-11 April 14, 1965 [S. 307]

AN ACT Granting the consent of Congress to a compact relating to taxation of motor fuels consumed by interstate buses and to an agreement relating to bus taxation proration and reciprocity. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TITLE I Motor fuels taxation compact. Consent of Congress.

101. The consent of Congress is hereby given to the States of Maine, Massachusetts, New Hampshire, Pennsylvania, and Maryland, and to the District of Columbia to enter into a compact on taxation of motor fuels consumed by interstate buses. But before any other States, any Province of Canada, or any State or territory or the Federal District of Mexico shall be made a party to such compact, the further consent of Congress shall first be obtained. Such compact shall be in substantially the following form: SECTION

"COMPACT O N T A X A T I O N O F MOTOR F U E L S CONSUMED BY INTERSTATE BUSES "ARTicLiE I—PURPOSES

"The purposes of this agreement are to— " (a) avoid multiple taxation of motor fuels consumed by interstate buses and to assure each State of its fair share of motor fuel taxes; " (b) establish and facilitate the administration of a criterion of motor fuel taxation for interstate buses which is reasonably related to the use of highway and related facilities and services in each of the party States; and "(c) encourage the availability of a maximum number of buses for intrastate service by removing motor fuel taxation as a deterrent in the routing of interstate buses. "ARTICLE

II—DEFINITIONS

" (a) State: State shall include the States of the United States, the District of Columbia, the territories of the United States, the Provinces of Canada, and the States, Territories, and Federal District of Mexico. " (b) Contracting State: Contracting State shall mean a State whith is a party to this agreement. "(c) Administrator: Administrator shall mean the official or agency of a State administering the motor fuel taxes involved. " (d) Person: Person shall include any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

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"(e) Bus: Bus shall mean any motor vehicle of a bus type engaged in the interstate transportation of passengers and subject to the jurisdiction of the Interstate Commerce Commission or any agency successor thereto, or one or more State regulatory agencies concerned with the regulation of passenger transport. " (f) Gallon: Gallon shall mean the liquid measure containing 231 cubic inches. "ARTICLE III—GOVERNING PRINCIPLE

"For purposes of this compact, the primar;^ principle for the imposition of motor fuel taxes shall be consumption of such fuel within the State. Motor fuel consumed by buses shall be taxed on the existing basis, as it may be from time to time, and under the procedures for collection of such taxes by each party State, except that to the extent that this compact makes provision therefor, or for any matter connected therewith, such provision shall govern. "ARTICLE

IV—How F U E L CONSUMED To B E ASCERTAINED

"The amount of fuel used in the operation of any bus within this State shall be conclusively presumed to be the number of miles operated by such bus within the State divided by the average mileage per gallon obtained by the bus during the tax period in all operations, whether within or without the party State. Any owner or operator of two or more buses shall calculate average mileage within the meaning of this article by computing single average figures covering all buses owned or operated by him. "ARTICLE V—IMPOSITION OF TAX

"Every owner or operator of buses shall pay to the party State taxes equivalent to the amount of tax per gallon multiplied by the number of gallons used in its operations in the party State. "ARTICLE VI—REPORTS

"On or before the last business day of the month following the month being reported upon, each bus owner or operator subject to the payment of fuel taxes pursuant to this compact shall make such reports of its operations as the State administrator of motor fuel taxes may require and shall furnish the State administrator in each other party State wherein his buses operate a copy of such report. "ARTICLE VII—CREDIT FOR PAYMENT OF F U E L TAXES

"Each bus owner or operator shall be entitled to a credit equivalent to the amount of tax per gallon on all motor fuel purchased by such operator within the party State for use in operations either within or without the party State, and upon which the motor fuel tax imposed by the laws of such party State has been paid. "ARTICLE VIII—ADDITIONAL TAX OR REFUND

"If the bus owner or operator's monthly report shows a debit balance after taking credit pursuant to article VII, a remittance in such net amount due shall be made with the report. If the report shows a credit balance, after taking credit as herein provided, a refund in such net amount as has l^en overpaid shall oe made by the party State to such owner or operator.

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"ARTICLE IX — E N T R Y INTO FORQE AND WITHDRAWAL

"This compact shall enter into force when enacted into law by any two States. Thereafter it shall enter into force and become binding upon any State subsequently joining when such State has enacted the compact into law. Withdrawal from the compact shall be by act of the legislature of a party State, but shall not take effect until one year after the Governor of the withdrawing State has notified the Governor of each other party State, in writing, of the withdrawal. "ARTICLE X—CONSTRUCTION AND SEVERABILITY

Definitions.

D.C. Code title 1 app.

D.C. inconsistent laws.

Bus taxation proration and reciprocity compact, consent of Congre s s.

"This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any governriient, agency, person, or circumstances shall not be affected thereby. If this compact shall be held contrary to the constitution of any State participating herein, the compact shall remain in full force and effect as to the remaining party States and in full force and effect as to the State affected as to all severable matters." SEC. 102. As used in the compact set forth in section 101 with reference to the District of Columbia— (1) the term "Legislature" shall mean the Congress of the United States; and (2) the term "Governor" shall mean the Board of Commissioners of the District of Columbia. SEC. 103. The Board of Commissioners of the District of Columbia shall enter into the compact authorized by section 101 of this title without further action on the part of the Congress, and issue such rules and regulations as may be necessary for the implementation of such compact. Notwithstanding any provision of this Act, nothing herein shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Board of Commissioners (other than the entry into a compact authorized by this Act) or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan. SEC. 104. All provisions of law applicable to the District of Columbia shall, to the extent they are inconsistent with the compact authorized by this title, be inapplicable to the taxation of buses (as that term is defined in the compact) in the District of Columbia during such time as the District is a party to such compact. SEC. 105. The right to alter, amend, or repeal this title is expressly reserved. TITLE II SEC. 201. The consent of Congress is hereby given to the States of Maine, New Hampshire, Pennsylvania, Maryland, and New York, and to the District of Columbia to enter into a compact providing for bus taxation proration and reciprocity. But before any other State, any Province of Canada, or any State or territory or the Federal District of Mexico shall be made a party to such compact, the further consent of Congress shall first be obtained. Such compact shall be in substantially the following form:

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